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HomeMy WebLinkAbout2011 - Proof of PublicationI aw- I PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 1, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 5th day of January, 2011. my hand and seal this s day of , 2011. -i ammy ei Town of Vail beDutv Clerk ORDINANCE NO. 1 Series of 2011 AN ORDINANCE AMENDING SECTION 12-16-7(A)(2), USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, TO ALLOW FOR BEAUTY AND BARBER SHOPS WITH EXTERIOR FRONTAGE ON A PUBLIC WAY, STREET, OR WALKWAY AS A CONDITIONAL USE OUTSIDE OF THE COMMERCIAL CORE 1 AND 2 ZONE DISTRICTS AND OUTSIDE OF THE PRIMARY AND SECONDARY PEDESTRIAN MALL WITHIN THE LIONSHEAD MIXED USE 1 AND 2 ZONE DISTRICTS AS DEFINED BY THE LIONSHEAD REDEVELOPMENT MASTER PLAN, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Ordinance No. 18, Series of 1981, adopted regulations establishing beauty and barber shops as allowable first floor or street level conditional uses so long as they do not have any exterior frontage on any public way, street, walkway, alley or mall area within the Commercial Core 1 and 2 zone districts; and, WHEREAS, the Town adopted the Lionshead Redevelopment Master Plan on December 15, 1998, and subsequently adopted the Lionshead Mixed Use 1 and 2 zone districts to implement the Master Plan; and, WHEREAS, the Town rezoned numerous properties from Commercial Core 2 zone district to Lionshead Mixed Use 1 and 2 zone districts which implemented the established policy for beauty and barber shops on the first floor and street level; and, WHEREAS, unintended consequences inconsistent with the intent of restricting beauty and barber shops primarily in pedestrian areas of the villages resulted from the rezoning of numerous properties to Lionshead Mixed Use 1 and 2; and, WHEREAS, beauty and barber shops remain a conditional use in the Lionshead Mixed Use 1 and 2 zone districts allowing for a location not adjacent to the primary or secondary pedestrian mall as defined by the Lionshead Redevelopment Master Plan to be evaluated based upon established criteria for their appropriateness; and, WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on December 13, 2010 on the application to amend the Town's Zoning Regulations, in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a recommendation of approval, with modifications, to the Vail Town Council of the request to amend the Town's Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Zoning Regulations is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Zoning Regulations furthers the general and specific purposes of the sign regulations; and, Ordinance No. 1, Series of 2011, first reading 1 WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. Section 12-16-7(A)(2), Use Specific Criteria and Standards, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stfikethFeugh, text that is to be added is bold, and sections of text that are not amended have been omitted): 2. Beauty and barber shops: Within the Commercial Core 1 and Commercial Core 2 zone districts beauty and barber shops shall have no idle exterior frontage on any public way, street, walkway, or mall area. ie. perted. Within the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts beauty and barber shops shall have no exterior frontage on any primary or secondary pedestrian mall as defined by the Lionshead Redevelopment Master Plan. 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 effect the validity of the remaining portions of this ordinance; and the Vail 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 Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 4. The amendment of any provision of the Town Code 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 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. SECTION 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. Ordinance No. 1, Series of 2011, first reading INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of January, 2011 and a public hearing for second reading of this Ordinance set for the 18th day of January, 2011 at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 1, Series of 2011, first reading PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 1, Series of 2011, on the Town of Vail's web site, www.vail.qov.com, on the 19th day of January, 2011. +A- Witness my hand and seal this day of , 2011. TC:iT m eputy Cler (seal) ,�0� N• �F v -9'V yi. • � ti ORDINANCE NO. 1 Series of 2011 AN ORDINANCE AMENDING SECTIONS 12-2-2, DEFINITIONS OF WORDS AND TERMS, AND 12-16-7(A)(2), USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, TO ALLOW FOR BEAUTY AND BARBER SHOPS WITH EXTERIOR FRONTAGE ON A PUBLIC WAY, STREET, OR WALKWAY AS A CONDITIONAL USE OUTSIDE OF THE COMMERCIAL CORE 1 AND 2 ZONE DISTRICTS AND OUTSIDE OF THE PRIMARY AND SECONDARY PEDESTRIAN MALL WITHIN THE LIONSHEAD MIXED USE 1 AND 2 ZONE DISTRICTS AS DEFINED BY THE LIONSHEAD REDEVELOPMENT MASTER PLAN, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Ordinance No. 18, Series of 1981, adopted regulations establishing beauty and barber shops as allowable first floor or street level conditional uses so long as they do not have any exterior frontage on any public way, street, walkway, alley or mall area within the Commercial Core 1 and 2 zone districts; and, WHEREAS, the Town adopted the Lionshead Redevelopment Master Plan on December 15, 1998, and subsequently adopted the Lionshead Mixed Use 1 and 2 zone districts to implement the Master Plan; and, WHEREAS, the Town rezoned numerous properties from Commercial Core 2 zone district to Lionshead Mixed Use 1 and 2 zone districts which implemented the established policy for beauty and barber shops on the first floor and street level; and, WHEREAS, unintended consequences inconsistent with the intent of restricting beauty and barber shops primarily in pedestrian areas of the villages resulted from the rezoning of numerous properties to Lionshead Mixed Use 1 and 2; and, WHEREAS, beauty and barber shops remain a conditional use in the Lionshead Mixed Use 1 and 2 zone districts allowing for a location not adjacent to the primary or secondary pedestrian mall as defined by the Lionshead Redevelopment Master Plan to be evaluated based upon established criteria for their appropriateness; and, WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on December 13, 2010 on the application to amend the Town's Zoning Regulations, in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a recommendation of approval, with modifications, to the Vail Town Council of the request to amend the Town's Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Zoning Regulations is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Zoning Regulations furthers the general and specific purposes of the sign regulations; and, Ordinance No. 1, Series of 2011, second reading 1 WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. Section 12-2-2, Definitions of Words and Terms, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethFeugh, text that is to be added is bold, and sections of text that are not amended have been omitted): &49RS, BEAUTY AND BARBER SHOPS: A facility where one or more persons engage in barbering or the practice of cosmetology, including hair, nail or and skin care. SECTION 2. Section 12-16-7(A)(2), Use Specific Criteria and Standards, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethFeugh, text that is to be added is bold, and sections of text that are not amended have been omitted): 2. Beauty and barber shops: Within the Commercial Core 1 and Commercial Core 2 zone districts beauty and barber shops shall have no iVe exterior frontage on any public way, street, walkway, or mall area. is -permittee. Within the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone districts beauty and barber shops shall have no exterior frontage on any primary or secondary pedestrian mall as deffned by the Lionshead Redevelopment Master Plan. SECTION 3. 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 Vail 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 4. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 5. The amendment of any provision of the Town Code 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 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. Ordinance No. 1, Series of 2011, second reading SECTION 6. 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 4th day of January, 2011 and a public hearing for second reading of this Ordinance set for the 18th day of January, 2011 at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Richard D. Cleveland, Mayor INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of January, 2011. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 1, Series of 2011, second reading Richard D. Cleveland, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 2, Series of 2011, on the Town of Vail's' web site, www.vailgov.com, on the 5th day of January, 2011. Witness my hand and seal this day of , 2011. Town ofyail Dpputy Cl ORDINANCE NO. 2 SERIES OF 2011 AN EMERGENCY ORDINANCE AMENDING CHAPTER 11-7, OTHER SIGNS, SIGN REGULATIONS, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR INFORMATIONAL AND DIRECTIONAL SIGNS FOR PUBLIC PARKING ON PRIVATE PROPERTY AND ALLOWING THE ADMINISTRATOR TO APPROVE SAID SIGNS SUBJECT TO REVIEW, AND SETTING FORTH DETAILS IN REGARD THERETO, AND DECLARING AN EMERGENCY. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, on August 21, 1973, the Council adopted Ordinance No.9, Series of 1973, establishing sign regulations in the Town of Vail; WHEREAS, the general purpose of the established sign regulations is to promote the health, safety, morals, and general welfare of the Town of Vail and to promote the coordinated and harmonious design and placement of the signs in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, Ordinance No. 9, Series of 1973, established sign application procedures for all signs erected in the Town of Vail to be subject to design review by the Administrator and/or Design Review Board; WHEREAS, the Council has received input from private property owners expressing concern that the adopted Sign Regulations prevent certain types of informational and directional signs for public parking on private property from being erected within the Town; WHEREAS, conflicts currently exist between the Town's adopted master plan policies for public parking and the adopted regulations outlined within the Municipal Code of the Town of Vail; WHEREAS, in response to said input the Council has instructed Town Staff to prepare an emergency ordinance proposing an amendment to certain provisions of the adopted Sign Regulations to allow the Administrator to approve an informational and directional sign for public parking on private property; WHEREAS, it is not the intent of this emergency action to circumvent or otherwise alterthe desired policy outcomes of the Town's adopted Sign Regulations whereby signs no longer achieve the general and specific purposes of the Regulations; WHEREAS, Section 4.11 of the Charter provides that an ordinance may be passed as an emergency measure for the preservation of the public property, health, welfare, peace or safety, upon unanimous vote of all members of the Council present or a vote of five members of the Council, whichever is less, and Ordinance No. 2, Series of 2011 WHEREAS, in order to properly administer the purpose and intent of Title 11, Sign Regulations of the Vail Town Code, the Town Council finds that it should take an emergency action and adopt the amended regulations and procedures as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Title 11, Sign Regulations, Chapter 7, Other Signs, shall be amended as follows: Section 1. Chapter 11-7, Other Signs, Vail Town Code, shall be amended to add the following section (Additions to text shown in bold): 11-7-16: INFORMATIONAL AND DIRECTIONAL SIGN FOR PUBLIC PARKING ON PRIVATE PROPERTY: A. Description: An informational and directional sign shall be described as a portable sign with the intended use of directing the public to private property locations where vehicle parking is available for daily and /or hourly use by the public and advertising the daily and /or hourly rate. B. Applicability: An informational and directional sign shall only be allowed for property having obtained approval from the Town for daily and/or hourly use of parking spaces by the public. C. Number and Location: Subject to review and approval of the Administrator. D. Size and Design: All informational and directional signs shall comply with the standards prescribed in Exhibit A, as applicable: Exhibit A: Informational and directional sign for public parking on private property LM E. Special Provisions: U' 1. An informational and directional sign shall only be displayed when the daily use of parking spaces are available to the public. Ordinance No. 2, Series of 2011 2. The daily and or hourly rate shall be displayed and remain current at all times. 3. The penalty for violating any provision of this regulation shall be the revocation of the approval and the immediate removal of the sign upon written notice from the Administrator. Any action of the Administrator may be appealed to the Design Review Board, pursuant to this Title. Section 2. Due to the immediate need by the Town to provide safe, convenient and adequate public parking for its residents, guests and visitors, an emergency exists which requires the immediate passage of this ordinance as an emergency measure, and it is hereby declared that the approval of this ordinance as an emergency measure is necessary for the preservation of the public property, health, welfare, peace or safety. Section 3. Pursuant to Section 4.11 of the Charter, this ordinance shall be finally passed on the date hereof and shall be effective on the date hereof and shall remain in effective until March 1, 2011, unless otherwise repealed. This ordinance, as adopted by the Council, shall be numbered and recorded by the Town clerk of the Town in the official records of the Town. The ordinance shall be authenticated by signatures of the Mayor and Town Clerk of the Town, and shall be published within ten days of the date hereof as required by the Charter. Section 4. 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 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 5. 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. Section 6. 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. Ordinance No. 2, Series of 2011 INTRODUCED AND FINALLY PASSED AS AN EMERGENCY MEASURE AND ORDERED PUBLISHED ONCE IN FULL this 4th day of January, 2011. Richard Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 2, Series of 2011 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of February, 2011. AWitness my hand and seal this qday of , 2011. (seal) ORDINANCE NO. 3 SERIES OF 2011 AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 7, CONTRACTOR, REGISTRATION, TITLE 4, BUSINESS LICENSE AND REGISTRATION, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"), WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified, WHEREAS, the provisions of Chapter4-7, Contractors, Registration, Vail Town Code, were adopted in 1977 and last updated in 1978; more than 33 years ago, WHEREAS, the Community Development Department is charged with administering the provisions of the Chapter 4-7, Contractors, Registration, Vail Town Code, WHEREAS, the intent of these existing regulations is for the Building Official to evaluate every contractor wanting to do construction work in the Town and only issue a contractor's license to those persons who are "qualified by training orexperience and is financially responsible to fulfill the obligations of a contractor", WHEREAS, in practice, the Building Official does not administer a written test or otherwise objectively evaluate a contractor's qualifications based upon training or experience, WHEREAS, the current statutory process for registering contractors is outdated, time- consuming and costly and has room for improvements, WHEREAS, improvements to the process of registering contractors can be improved such that the original intent of the regulations can be maintained and advanced yet the amount of time and cost associated with the process to the contractor and Town can be reduced, and WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and welfare to adopt these amendments to the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. Chapter 7, Contractors, Registration, Business License and Registration, Vail Town Code, is hereby repealed and re-enacted as follows: 4-7-1: DEFINITIONS: For the purposes of this Chapter, the words and phrases contained in this Section are defined as follows: BOARD: The Board of Appeals as defined in the International Building Code, as adopted by the Town. BUILDING CODE: Includes the International Building Code, International Residential Ordinance No. 3, Series of 2011 first reading 1 Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, International Energy Conservation Code, International Performance Code, Uniform Code for the Abatement of Dangerous Buildings, and the National Electrical Code, as adopted by the Town. BUILDING OFFICIAL: The Building Official as defined in the Building Code, as adopted by the Town, or his/her designee. PERMIT: A permit, as prescribed in the Building Code and Town ordinances, granting approval to do construction work in the Town. CONSTRUCTION WORK: Activity including, but not limited to, new construction, additions, repairs, alterations, installations, demolition, removal, conversions, replacements, or renovations of any building or structure, or excavation that requires a permit. CONTRACTOR: Any person, firm, partnership, corporation, association, or other organization who undertakes, or offers to undertake for another, construction work. For the purposes of this Chapter, a contractor may be a general contractor, plumbing contractor, electrical contractor, excavation contractor, fire protection contractor, or a subcontractor. PERSON: An individual, corporation, business, trust, estate, business trust, partnership, or association, or any other legal entity. REGISTRATION: Issued by the Town in accordance with the provisions of this Chapter. PUBLIC WAY PERMIT: Such permit as is prescribed by Title 8, Chapter 1 of this Code. TOWN: Town of Vail, Colorado. 4-7-2: CONTRACTOR REGISTRATION: A. Registration Required: All contractors shall be registered under the terms and provisions of this Chapter, prior to undertaking any construction work or contract and/or applying for any type of permit required by applicable State statutes or Town ordinances. B. Exemption to Registration: Any person may make application fora building permit to do such person's own construction work on any dwelling unit that such person occupies whether owned by him/her or leased, without being registered when such work is limited to minor alterations, maintenance, and decorating, providing such work does not alter or affect the structural integrity of the building. C. Registration is Not a License or Certification: The registration of a contractor by the Town neither expresses nor implies any level of qualification, competency, licensing, certification or other assessment of the contractor's ability to complete contracted work. 4-7-3: ISSUANCE: A. Forms: Registration forms shall be available at the Community Development Ordinance No. 3, Series of 2011 first reading 2 Department office. B. Registration Information: Registration information shall consist of the business name, name of the principal party/business owner, current mailing address, electronic mail address, and telephone number. Electrical and plumbing contractors shall provide their current registration number with the State of Colorado Department of Regulatory Agencies, Division of Registrations. Fire protection contractors shall provide their Vail Fire and Emergency Services contractor registration number. 4-7-4: FEE SCHEDULE: The registration fees applicable to the registrations enumerated in this Chapter shall be as adopted by the Town Council annually and shall be set forth on the schedule of fees maintained in the Community Development Department office. 4-7-5: PERIOD OF VALIDITY: The registration of a contractor shall be valid for a maximum of three years and shall expire on April 30th of the expiration year. 4-7-6: PROOF OF REGISTRATION All contractors shall provide proof of registration upon request by the Building Official. 4-7-7: INSURANCE A. Insurance Required: All contractors shall maintain proof of insurance under the terms and provisions of this Chapter while applying for a permit or undertaking construction work. B. Insurance Types and Amounts: Every contractor granted registration under the provisions of this Chapter shall maintain the following minimum types and amounts of insurance: 1. Employee liability. 2. Worker's compensation. 3. Public liability with the following limits: a. Option 1: one million dollars ($1,000,000.00) in the aggregate, for bodily injury and one million dollars ($1,000,000.00) in the aggregate, for property damage. b. Option 2: combined single limit of one million dollars ($1,000,000.00). C. Excavation Contractors: Excavation contractors shall to have at least twenty five thousand dollars ($25,000.00) worth of "XCU" (explosion, collapse, underground) insurance in addition to the required general liability and worker's compensation insurance. 4-7-8: PROOF OF INSURANCE: Ordinance No. 3, Series of 2011 first reading All contractors shall provide proof of insurance upon request by the Building Official. 4-7-9: CONTRACTOR RESPONSIBILITY: A contractor shall be responsible for all construction work included in the permit or undertaking whether or not such work is done by such person directly or by a subcontractor. 4-7-10: VIOLATION AND PENALTY: A. Violation: It is a violation of this Chapter for any person to violate any provision or to fail to comply with any of the requirements of this Chapter and to commit any of the following acts: 1. Applying for permits or undertaking construction work without a valid registration when required. 2. Failure to provide proof of registration upon request by the Building Official. 3. Fraudulent use of a registration to obtain permits for another person, firm, or corporation. 4. Applying for permits or undertaking construction work not entitled under one's respective registration. 5. Failure to obtain a permit for construction work when required. 6. Failure to obtain inspections for construction work when required. 7. Failure to maintain proof of insurance as required by this Chapter while applying for permits or undertaking construction work. 8. Failure to provide proof of insurance upon request by the Building Official. 9. Failure to maintain construction site grounds and structures in a clean and safe manner, or causing damage to property adjoining the construction site. 10. Any violation of Town ordinances or codes governing construction work. B. Construction Work without a Valid Registration: If the Building Official determines that a person has undertaken construction work without a valid registration as required by this Chapter, said person must register as a contractor and shall pay a fine in an amount equivalent to two times the adopted registration fee. C. Revocation or Suspension of Registration; Nullification of Permits: If the Building Official determines that a person has acted in violation of the provisions of this Chapter the Building Official shall waive, for good cause shown, any penalty; issue a warning; revoke or suspend the registration of said person for whatever time it deems reasonable; and/or nullify any associated permits filed in degradation of this Chapter. D. Remedies Not Exclusive: In addition to the remedies expressly provided by this chapter, the Town may pursue any other remedies available at law or in equity. Ordinance No. 3, Series of 2011 first reading 4 E. Other Penalty: In addition to any other penalty provided in this chapter, any person who violates any provision of this chapter shall be subject penalty as provided in Section 1-4-1, General Penalty, of this Code. 4-7-11: APPEALS: A. Appeal of Building Official Actions: 1. Authority: The Board of Appeals shall have the authority to hear and decide appeals from any order, decision, determination or interpretation by the Building Official with respect to the provisions of this Chapter. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination or interpretation by the Building Official with respect to the provisions this Chapter. The Town Council may also call up a decision of the Building Official by a majority vote of those town council members present. 3. Procedures: A written notice of appeal must be filed with the Community Development Department within twenty (20) calendar days of Building Official's decision. If the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an appeal shall be extended to the next business day. In the event of an appeal, the Board of Appeals, after receiving a report by the Building Official, may confirm, reverse, or modify the action of the Building Official. Failure of the Board of Appeals to act within forty (40) days of the filing of an appeal shall be deemed concurrence in the action of the Building Official. The filing of such notice of appeal will require the Building Official to forward to the Board of Appeals at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Board of Appeals on the appeal within forty (40) calendar days of the appeal being filed. The Board of Appeals may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this chapter to appeal any order, decision, determination or interpretation by the Building Official. 4. Findings: The Board of Appeals shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Chapter have or have not been met. B. Appeal of Board of Appeals Actions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any order, decision, determination or interpretation by the Board of Appeals with respect to the provisions of this Chapter. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination or interpretation by the Board of Appeals with respect to the provisions this Ordinance No. 3, Series of 2011 first reading 5 Chapter. The Town Council may also call up a decision of the Board of Appeals by a majority vote of those town council members present. 3. Procedures: A written notice of appeal must be filed with the Community Development Department within twenty (20) calendar days of Board of Appeals decision. If the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an appeal shall be extended to the next business day. In the event of an appeal, the Council, after receiving a report by the Board of Appeals, may confirm, reverse, or modify the action of the Board of Appeals. Failure of the Council to act within forty (40) days of the filing of an appeal shall be deemed concurrence in the action of the Board of Appeals. The filing of such notice of appeal will require the Board of Appeals to forward to the Town Council at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Town Council on the appeal within forty (40) calendar days of the appeal being filed. The Town Council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this chapter to appeal any order, decision, determination or interpretation by the Board of Appeals. 4. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Chapter have or have not been met. C. Appeal Of Town Council Actions: The final decision of the Town Council with respect to any appeal pursuant to this chapter may be appealed to an appropriate court pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure. The Town of Vail Municipal Court shall not have jurisdiction over such civil action. 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 effect the validity of the remaining portions of this ordinance; and the Vail 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 Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 4. The amendment of any provision of the Town Code 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 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. Ordinance No. 3, Series of 2011 first reading SECTION 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 ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of February, 2011 and a public hearing for second reading of this Ordinance set for the 15`h day of February, 2011, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 3, Series of 2011 first reading PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 3, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 16th day of February, 2011. Witness my hand and seal this day of '2011. (seal) ORDINANCE NO. 3 SERIES OF 2011 AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 7, CONTRACTOR, REGISTRATION, TITLE 4, BUSINESS LICENSE AND REGISTRATION, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"), WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified, WHEREAS, the provisions of Chapter 4-7, Contractors, Registration, Vail Town Code, were adopted in 1977 and last updated in 1978; more than 33 years ago, WHEREAS, the Community Development Department is charged with administering the provisions of the Chapter 4-7, Contractors, Registration, Vail Town Code, WHEREAS, the intent of these existing regulations is for the Building Official to evaluate every contractor wanting to do construction work in the Town and only issue a contractor's license to those persons who are "qualified by training or experience and is financially responsible to fulfill the obligations of a contractor", WHEREAS, in practice, the Building Official does not administer a written test or otherwise objectively evaluate a contractor's qualifications based upon training or experience, WHEREAS, the current statutory process for registering contractors is outdated, time- consuming and costly and has room for improvements, WHEREAS, improvements to the process of registering contractors can be improved such that the original intent of the regulations can be maintained and advanced yet the amount of time and cost associated with the process to the contractor and Town can be reduced, and WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and welfare to adopt these amendments to the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. Chapter 7, Contractors, Registration, Business License and Registration, Vail Town Code, is hereby repealed and re-enacted as follows: 4-7-1: DEFINITIONS: For the purposes of this Chapter, the words and phrases contained in this Section are defined as follows: BOARD: The Board of Appeals as defined in the International Building Code, as adopted by the Town. BUILDING CODE: Includes the International Building Code, International Residential Ordinance No. 3, Series of 2011 first reading 1 Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, International Energy Conservation Code, International Performance Code, Uniform Code for the Abatement of Dangerous Buildings, and the National Electrical Code, as adopted by the Town. BUILDING OFFICIAL: The Building Official as defined in the Building Code, as adopted by the Town, or his/her designee. PERMIT: A permit, as prescribed in the Building Code and Town ordinances, granting approval to do construction work in the Town. CONSTRUCTION WORK: Activity including, but not limited to, new construction, additions, repairs, alterations, installations, demolition, removal, conversions, replacements, or renovations of any building or structure, or excavation that requires a permit. CONTRACTOR: Any person, firm, partnership, corporation, association, or other organization who undertakes, or offers to undertake for another, construction work. For the purposes of this Chapter, a contractor may be a general contractor, plumbing contractor, electrical contractor, excavation contractor, fire protection contractor, or a subcontractor. PERSON: An individual, corporation, business, trust, estate, business trust, partnership, or association, or any other legal entity. REGISTRATION: Issued by the Town in accordance with the provisions of this Chapter. PUBLIC WAY PERMIT: Such permit as is prescribed by Title 8, Chapter 1 of this Code. TOWN: Town of Vail, Colorado. 4-7-2: CONTRACTOR REGISTRATION: A. Registration Required: All contractors shall be registered under the terms and provisions of this Chapter, prior to undertaking any construction work or contract and/or applying for any type of permit required by applicable State statutes or Town ordinances. B. Exemption to Registration: Any person may make application for a building permit to do such person's own construction work on any dwelling unit that such person occupies whether owned by him/her or leased, without being registered when such work is limited to minor alterations, maintenance, and decorating, providing such work does not alter or affect the structural integrity of the building. C. Registration is Not a License or Certification: The registration of a contractor by the Town neither expresses nor implies any level of qualification, competency, licensing, certification or other assessment of the contractor's ability to complete contracted work. 4-7-3: ISSUANCE: A. Forms: Registration forms shall be available at the Community Development Ordinance No. 3, Series of 2011 first reading 2 Department office. B. Registration Information: Registration information shall consist of the business name, name of the principal party/business owner, current mailing address, electronic mail address, and telephone number. Electrical and plumbing contractors shall provide their current registration numberwith the State of Colorado Department of Regulatory Agencies, Division of Registrations. Fire protection contractors shall provide their Vail Fire and Emergency Services contractor registration number. 4-7-4: FEE SCHEDULE: The registration fees applicable to the registrations enumerated in this Chapter shall be as adopted by the Town Council annually and shall be set forth on the schedule of fees maintained in the Community Development Department office. 4-7-5: PERIOD OF VALIDITY: The registration of a contractor shall be valid for a maximum of three years and shall expire on April 30th of the expiration year. 4-7-6: PROOF OF REGISTRATION All contractors shall provide proof of registration upon request by the Building Official. 4-7-7: INSURANCE A. Insurance Required: All contractors shall maintain proof of insurance under the terms and provisions of this Chapter while applying for a permit or undertaking construction work. B. Insurance Types and Amounts: Every contractor granted registration under the provisions of this Chapter shall maintain the following minimum types and amounts of insurance: 1. Employee liability. 2. Worker's compensation. 3. Public liability with the following limits: a. Option 1: one million dollars ($1,000,000.00) in the aggregate, for bodily injury and one million dollars ($1,000,000.00) in the aggregate, for property damage. b. Option 2: combined single limit of one million dollars ($1,000,000.00). C. Excavation Contractors: Excavation contractors shall to have at least twenty five thousand dollars ($25,000.00) worth of "XCU" (explosion, collapse, underground) insurance in addition to the required general liability and worker's compensation insurance. 4-7-8: PROOF OF INSURANCE: Ordinance No. 3, Series of 2011 first reading All contractors shall provide proof of insurance upon request by the Building Official. 4-7-9: CONTRACTOR RESPONSIBILITY: A contractor shall be responsible for all construction work included in the permit or undertaking whether or not such work is done by such person directly or by a subcontractor. 4-7-10: VIOLATION AND PENALTY: A. Violation: It is a violation of this Chapter for any person to violate any provision or to fail to comply with any of the requirements of this Chapter and to commit any of the following acts: 1. Applying for permits or undertaking construction work without a valid registration when required. 2. Failure to provide proof of registration upon request by the Building Official. 3. Fraudulent use of a registration to obtain permits for another person, firm, or corporation. 4. Applying for permits or undertaking construction work not entitled under one's respective registration. 5. Failure to obtain a permit for construction work when required. 6. Failure to obtain inspections for construction work when required. 7. Failure to maintain proof of insurance as required by this Chapter while applying for permits or undertaking construction work. 8. Failure to provide proof of insurance upon request by the Building Official. 9. Failure to maintain construction site grounds and structures in a clean and safe manner, or causing damage to property adjoining the construction site. 10. Any violation of Town ordinances or codes governing construction work. B. Construction Work without a Valid Registration: If the Building Official determines that a person has undertaken construction work without a valid registration as required by this Chapter, said person must register as a contractor and shall pay a fine in an amount equivalent to two times the adopted registration fee. C. Revocation or Suspension of Registration; Nullification of Permits: If the Building Official determines that a person has acted in violation of the provisions of this Chapter the Building Official shall waive, for good cause shown, any penalty; issue a warning; revoke or suspend the registration of said person for whatever time it deems reasonable; and/or nullify any associated permits filed in degradation of this Chapter. D. Remedies Not Exclusive: In addition to the remedies expressly provided by this chapter, the Town may pursue any other remedies available at law or in equity. Ordinance No. 3, Series of 2011 first reading 4 E. Other Penalty: In addition to any other penalty provided in this chapter, any person who violates any provision of this chapter shall be subject penalty as provided in Section 1-4-1, General Penalty, of this Code. 4-7-11: APPEALS: A. Appeal of Building Official Actions: 1. Authority: The Board of Appeals shall have the authority to hear and decide appeals from any order, decision, determination or interpretation by the Building Official with respect to the provisions of this Chapter. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination or interpretation by the Building Official with respect to the provisions this Chapter. The Town Council may also call up a decision of the Building Official by a majority vote of those town council members present. 3. Procedures: A written notice of appeal must be filed with the Community Development Department within twenty (20) calendar days of Building Official's decision. If the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an appeal shall be extended to the next business day. In the event of an appeal, the Board of Appeals, after receiving a report by the Building Official, may confirm, reverse, or modify the action of the Building Official. Failure of the Board of Appeals to act within forty (40) days of the filing of an appeal shall be deemed concurrence in the action of the Building Official. The filing of such notice of appeal will require the Building Official to forward to the Board of Appeals at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Board of Appeals on the appeal within forty (40) calendar days of the appeal being filed. The Board of Appeals may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this chapter to appeal any order, decision, determination or interpretation by the Building Official. 4. Findings: The Board of Appeals shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Chapter have or have not been met. B. Appeal of Board of Appeals Actions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any order, decision, determination or interpretation by the Board of Appeals with respect to the provisions of this Chapter. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination or interpretation by the Board of Appeals with respect to the provisions this Ordinance No. 3, Series of 2011 first reading 5 Chapter. The Town Council may also call up a decision of the Board of Appeals by a majority vote of those town council members present. 3. Procedures: A written notice of appeal must be filed with the Community Development Department within twenty (20) calendar days of Board of Appeals decision. If the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an appeal shall be extended to the next business day. In the event of an appeal, the Council, after receiving a report by the Board of Appeals, may confirm, reverse, or modify the action of the Board of Appeals. Failure of the Council to act within forty (40) days of the filing of an appeal shall be deemed concurrence in the action of the Board of Appeals. The filing of such notice of appeal will require the Board of Appeals to forward to the Town Council at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Town Council on the appeal within forty (40) calendar days of the appeal being filed. The Town Council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this chapter to appeal any order, decision, determination or interpretation by the Board of Appeals. 4. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Chapter have or have not been met. C. Appeal Of Town Council Actions: The final decision of the Town Council with respect to any appeal pursuant to this chapter may be appealed to an appropriate court pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure. The Town of Vail Municipal Court shall not have jurisdiction over such civil action. 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 effect the validity of the remaining portions of this ordinance; and the Vail 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 Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. SECTION 4. The amendment of any provision of the Town Code 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 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. Ordinance No. 3, Series of 2011 first reading 6 SECTION 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 ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of February, 2011 and a public hearing forsecond reading of this Ordinance set for the 15th day of February, 2011, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of February, 2011. Richard Cleveland Town Mayor Attest: Lorelei Donaldson Ordinance No. 3, Series of 2011 first reading 7 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 20th day of April, 411MI lu Witness my hand and seal thi day of 2011. �T m el Depu (seal) ORDINANCE NO. 5 SERIES OF 2011 AN ORDINANCE AMENDING SECTION 14-10-5, BUILDING MATERIALS AND DESIGN, VAIL TOWN CODE, PURSUANT TO SECTION 14-1-3, ADMINISTRATION OF STANDARDS, FOR CHANGES TO THE SOLAR ENERGY DEVICE REGULATIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its January 10, 2011 meeting, and has submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Vail Town Council finds that the proposed amendments further the general purpose of Title 14, Development Standards, Vail Town Code; WHEREAS, the Vail Town Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the Town of Vail Environmental Sustainability Strategic Plan adopted goal of promoting energy conservation and a reduction in greenhouse gas emissions by supporting renewable energy projects; and WHEREAS, the Vail Town Council finds that these amendments further the policy direction of the Vail Town Council for solar energy devices and will provide more appropriate, improved regulations for solar energy devices consistent with the architectural and aesthetic Ordinance No. 5, Series of 2011 1 character of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend Section 14-10-5, Building Materials and Design, in order to amend regulations for solar energy devices. Section 2. Section 14-2-1 is hereby amended as follows (Text that is to be deleted is s#iGkeR. Text that is to be added is bold. Sections of text that are not amended may be omitted.): Solar energy device: A solar collector or similar device or a structural design feature of a structure, such as a roof shingle with integrated photovoltaic cells, which collects sunlight and GGPv #s comprises part of a system for the conversion of the sun's radiant energy into thermal, chemical, mechanical, or electrical energy Section 3. Section 14-10-5H is hereby amended as follows (Text that is to be deleted is striskea. Text that is to be added is bold. Sections of text that are not amended may be omitted.): H. Solar Energy Devices: 1. The intent of these regulations is to facilitate the installation of alternative energy sources in Vail while minimizing visual impacts. 2. Solar energy devices should be installed on building facades and roof planes and oriented for energy production, except as permitted by Section 14-10-5H-11 of this Code. In Vail, optimal solar energy device orientation for maximized energy production and adequate snow shed is typically achieved by up to a 50 degree orientation. 3. Solar energy devices shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building and site, with some flexibility granted for existing structures. 4. Solar energy devices may be screened to minimize visual impact with a false fagade, roof plane or parapet walls integrated into the overall design of the building. 5. Solar energy devices may project not more than four (4) feet into a required setback area. may be installed 6. Solar energy devices shall not be included in calculation of building height. 7. Solar energy devices should follow the slope direction of the roof plane upon which it is mounted. Ordinance No. 5, Series of 2011 2 8. Solar energy devices shall project no further from the building fagade or roof plane than the minimum distance necessary to achieve up to a 50 degree orientation. No portion of any solar energy device shall project more than eight feet (8) from the building fagade or roof plane or-facade to which the solar energy device panel is attached. 9. When mounted to a roof plane with a pitch of three in twelve feet (3:12) or steeper, solar energy device shall extend no higher than one (1) foot above the ridgeline. Solar- eneFgy deviGes shag not extend h�gheF than the existing adjaGent r4geline on mofs with pitGhes of three to twelve (342) eF greater-, 10. When mounted to a roof plane, solar energy devices shall not extend beyond the roof eave. . On W past. 11. Solar energy device framing, brackets and associated equipment shall be painted black or a color that matches adjacent building surfaces -qt the di6r--F4-;fiGP No advertising shall be permitted on any solar energy device, framing, brackets and associated equipment. 12. Solar energy devices, framing, brackets and associated equipment shall be maintained and kept in good repair, including repainting when appropriate and other actions that contribute to attractive building aesthetics. 13. Solar energy devices may be ground mounted only when the Design Review Board determines that the design or site planning of an existing structure creates practical difficulties in mounting a solar energy device to a building fagade or roof plane to achieve energy production. Cost or inconvenience to the applicant of strict or literal compliance with this regulation shall not create a practical difficulty. Ground mounted solar energy devices shall not be permitted in the required setback area. Ground mounted solar energy devices shall count as site coverage. Site coverage is calculated by measuring the footprint created by vertical projection from the energy devices and associated hardware to the ground. Should ground mounted solar energy devices be adjustable, site coverage shall be calculated for the position that creates the greatest site coverage. Ground mounted solar energy devices shall not exceed eight (8) feet in height above grade. Ground mounted solar energy devices shall be located and screened to minimize visual impact. Section 4. 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 5. 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. Section 6. The amendment of any provision of the Town Code as provided in this Ordinance No. 5, Series of 2011 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. Section 7. 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 19th day of April, 2011 and a public hearing for second reading of this Ordinance set for the 3`d day of May, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 5, Series of 2011 4 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 4th day of May, 2011. f� Witness my hand and seal this ei day of , 2011. (Tammy Nag -el o ail Deputy Clerk (seal) ORDINANCE NO. 5 SERIES OF 2011 AN ORDINANCE AMENDING SECTION 14-10-5, BUILDING MATERIALS AND DESIGN, VAIL TOWN CODE, PURSUANT TO SECTION 14-1-3, ADMINISTRATION OF STANDARDS, FOR CHANGES TO THE SOLAR ENERGY DEVICE REGULATIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected and qualified; WHEREAS, the members of the Planning and Environmental Commission of the Town have been duly appointed and qualified; WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its January 10, 2011 meeting, and has submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Vail Town Council finds that the proposed amendments further the general purpose of Title 14, Development Standards, Vail Town Code; WHEREAS, the Vail Town Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the Town of Vail Environmental Sustainability Strategic Plan adopted goal of promoting energy conservation and a reduction in greenhouse gas emissions by supporting renewable energy projects; and WHEREAS, the Vail Town Council finds that these amendments further the policy direction of the Vail Town Council for solar energy devices and will provide more appropriate, improved regulations for solar energy devices consistent with the architectural and aesthetic character of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 5, Series of 2011, second reading Section 1. Section 14-2-1 is hereby amended as follows (Text that is to be deleted is str'r,kiz n. Text that is to be added is bold. Sections of text that are not amended may be omitted.): Solar energy device: A solar collector or similar device or a structural design feature of a structure, such as a roof shingle with integrated photovoltaic cells, which collects sunlight and eenverts comprises part of a system for the conversion of the sun's radiant energy into thermal, chemical, mechanical, or electrical energy Section 2. Section 14-10-51-1 is hereby amended as follows (Text that is to be deleted is Mrirken. Text that is to be added is bold. Sections of text that are not amended may be omitted.): H. Solar Energy Devices: 1. The intent of these regulations is to facilitate the installation of alternative energy sources in Vail while minimizing visual impacts. Further, these regulations are intended to limit the creation of a elevated perceived roofline by solar energy devices. 2. Solar energy devices should be installed on building facades and roof planes and oriented for energy production, except as permitted by Section 14-10-5H-11 of this Code. In Vail, optimal solar energy device orientation for maximized energy production and adequate snow shed is typically achieved by up to a 50 degree orientation. 3. Solar energy devices shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building and site, with some flexibility granted for existing structures. 4. Solar energy devices may be screened to minimize visual impact with a false fagade, roof plane or parapet walls integrated into the overall design of the building. 5. Solar energy devices may project not more than four (4) feet into a required setback area. may—be instage 6. Solar energy devices shall not be included in calculation of building height. 7. Solar energy devices should follow the slope direction of the roof plane upon which it is mounted. 8. Solar energy devices shall project no further from the building fagade or roof plane than the minimum distance necessary to achieve up to a 50 degree orientation. No portion of any solar energy device shall project more than eight feet (8) from the building fagade or roof plane er #asade to which the solar energy device panel is attached. 9. When mounted to a roof plane with a pitch of three in twelve feet (3:12) or steeper, solar energy device shall extend no higher than one (1) foot above the ridgeline. adjaGent Fidgeline on r-oofs with pit -her, Af thme to twelve (,342) or- greater-. 10. When mounted to a roof plane, solar energy devices shall not extend beyond the roof eave. . 9n FGA-Ifg- With PitGheS IeSS than three to twelve R42), the Gfes@n FeWe", boar4 Sha Ordinance No. 5, Series of 2011, second reading 11. Solar energy device framing, brackets and associated equipment shall be painted black or a color that matches adjacent building surfaces at the disGretiGp No advertising shall be permitted on any solar energy device, framing, brackets and associated equipment. 12. Solar energy devices, framing, brackets and associated equipment shall be maintained and kept in good repair, including repainting when appropriate and other actions that contribute to attractive building aesthetics. 13. Solar energy devices may be ground mounted only when the Design Review Board determines that the design or site planning of an existing structure creates practical difficulties in mounting a solar energy device to a building fagade or roof plane to achieve energy production. Cost or inconvenience to the applicant of strict or literal compliance with this regulation shall not create a practical difficulty. Ground mounted solar energy devices shall not be permitted in the required setback area. Ground mounted solar energy devices shall count as site coverage. Site coverage is calculated by measuring the footprint created by vertical projection from the energy devices and associated hardware to the ground. Should ground mounted solar energy devices be adjustable, site coverage shall be calculated for the position that creates the greatest site coverage. Ground mounted solar energy devices shall not exceed eight (8) feet in height above grade. Ground mounted solar energy devices shall be located and screened to minimize visual impact. Section 3. 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 4. 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. Section 5. The amendment of any provision of the 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. Section 6. 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. Ordinance No. 5, Series of 2011, second reading INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19t' day of April, 2011 and a public hearing for second reading of this Ordinance set for the 3rd day of May, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3rd day of May, 2011. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 5, Series of 2011, second reading PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of MArch, 2011. Witness my hand and seal this qday of _ J �� �� 2011. C4�� Tammy a iTQwn-Qf eputy-Cte* __.. ORDINANCE NO. 6 SERIES OF 2011 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2011 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 2011 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 2010, adopting the 2011 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 2011 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 379,821 Capital Projects Fund 9,454,948 Real Estate Transfer Tax Fund 3,687,946 Dispatch Services Fund 70,000 Heavy Equipment Fund 140.416 Total $13,733,131 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 part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or Ordinance No. 6, Series of 2011 p' -1 1 ) 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 1 st day of March, 2011, and a public hearing shall be held on this Ordinance on the 15th day of March, 2011, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th day of March 2011. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 6, Series of 2011 Dick Cleveland, Mayor . ; PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 16th day of March, 2011. Witness my hand and seal this day of Y , 2011. �l Tam gel Town of Wil Deputy rk (seal) ORDINANCE NO. 6 SERIES OF 2011 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2011 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 2011 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 2010, adopting the 2011 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 2011 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 379,821 Capital Projects Fund 9,734,293 Real Estate Transfer Tax Fund 3,687,173 Dispatch Services Fund 70,000 Heavy Equipment Fund 140,416 Total $14,011,703 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 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. Ordinance No. 4, Series of 2010 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 1 st day of March, 2011, and a public hearing shall be held on this Ordinance on the 15th day of March, 2011, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 4, Series of 2010 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 7 Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 5th day of December, 2012. Witness my hand and seal this day of I avc-- irY , Lg/u 2012. (sea :9 SEAL see � 0RAO ORDINANCE NO.7 SERIES OF 2011 AN ORDINANCE REZONING PARCELS 1 AND 2 OF THE EVER VAIL SUBDIVISION FROM ARTERIAL BUSINESS AND SPECIAL DEVELOPMENT DISTRICT NO. 4 TO LIONSHEAD MIXED USE 2 PURSUANT TO SECTION 12-3-7 OF THE VAIL TOWN CODE, SUBJECT TO CERTAIN CONDITIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-3-7 of the, Vail Town Code, sets forth the procedures for rezoning property, also known as amending zone district boundaries; WHEREAS, the Town has received an application to rezone the property that will be known as Parcels 1 and 2 of the Ever Vail Subdivision, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the Property is currently zoned as follows: 862 (Vail Resorts Maintenance Shop) zoned Lionshead Mixed Use 2 ("LMU-2"); 923 (Holy Cross lot) zoned LMU-2; 934 (Amoco/BP site) zoned LMU-2; 953 (Vail Professional Building) zoned Arterial Business District; 1000 (Glen Lyon Office Building) zoned Special Development District No. 4; and 1031 (Cascade Crossing) zoned Arterial Business District; WHEREAS, on January 10, 2011, the Town of Vail Planning and Environmental Commission (the "PEC") held a properly noticed public hearing on a proposed rezoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, to LMU- 2; WHEREAS, the PEC has forwarded to the Vail Town Council (the "Town Council') a recommendation of approval of the proposed rezoning, with certain conditions; WHEREAS, the rezoning of Parcels 1 and 2 of the Ever Vail Subdivision cannot become effective until the Frontage Road is relocated and the Final Plat for the Ever Vail Subdivision is approved by the Town Council, signed by all required parties and properly recorded with the Eagle County Clerk and Recorder; WHEREAS, the Town Council is willing to provide the applicant with time to relocate the Frontage Road; WHEREAS, the applicant and the Town have discussed the timing of the Frontage Road relocation, and the Town Council finds and determines that eight years is sufficient time to relocate the Frontage Road; and 11/28/2012 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVERVA/L REZONING -3 . DOCX WHEREAS, the Town Council finds and determines that, should the Frontage Road not be relocated by December 31, 2020, the rezoning of Parcels 1 and 2 of the Ever Vail Subdivision shall not take effect. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Factors Considered. Pursuant to Section 12-3-7 of the Vail Town Code, the Town Council has considered the following factors prior to making its determination on the application to rezone Parcels 1 and 2 of the Ever Vail Subdivision: a. The extent to which the rezoning is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Town of Vail Comprehensive Plan and is compatible with the development objectives of the Town; b. The extent to which the rezoning amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; C. The extent to which the rezoning presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; d. The extent to which the rezoning provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and e. The extent to which the rezoning results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; f. The extent to which the rezoning is consistent with the purpose statement of the proposed zone district; and g. The extent to which the rezoning demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. Section 2. Findings. Pursuant to Section 12-3-7 of the Vail Town Code and based on the evidence and testimony presented in consideration of this ordinance, the Town Council finds and determines as follows: a. LMU-2 zoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, will be necessary to achieve compliance with the Lionshead Redevelopment Master Plan and to achieve the development objectives of the Town; b. LMU-2 zoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, will be consistent with the adopted goals, objectives and policies 2 11/28%2012 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVERVAIL REZONING -3 . DOCX outlined in the Town of Vail Comprehensive Plan and compatible with the development objectives of the Town; C. LMU-2 zoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, will be compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. LMU-2 zoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, will promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 3. Rezoning. Based on the foregoing findings, and subject to Section 4 hereof, Parcels 1 and 2 of the Ever Vail Subdivision are hereby rezoned to Lionshead Mixed Use 2. Section 4. Condition Precedent and Expiration. The rezoning set forth in Section 3 hereof shall take effect on the date that the Final Plat for the Ever Vail Subdivision, creating Parcels 1 and 2, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat for the Ever Vail Subdivision has not been properly recorded by December 31, 2020, the rezoning set forth in Section 3 hereof shall not take effect. Section 5. Severability. 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 6. Effect. 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. The time period established by Section 5.3(d) of the Vail Town Charter shall commence on the date of adoption of this ordinance by the Town Council. Section 7. Repealer. 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 4th day of December, 2012 and a public hearing for second reading of this Ordinance set for the 18th day of December, 3 1128/2012 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVERVAIL REZONING -3 . DOCX 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andy P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of December, 2012. Andy P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk 4 1112812012 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVERVAIL REZONING -3 . DOCX °y 4 i a01 t _ c _ ` � o ` ,•� ��,�:. tµJ't Cil _ A 'V 0.1; l` � � ���s •• � '1� A�� �•fl�, °y 4 a01 t _ _ ` � o ` ,•� ��,�:. tµJ't Cil _ A 'V 0 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8 Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 5th day of December, 2012. my hand and seal this �� � day of I ��,, , fin/, 2012. Town of Vai uty Clerk ORDINANCE NO.8 SERIES OF 2011 AN ORDINANCE AMENDING ORDINANCE NO. 5, SERIES OF 2008, CASCADE VILLAGE, TO REMOVE DEVELOPMENT AREA D FROM SPECIAL DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, PURSUANT TO SECTION 12-9A-10 OF THE VAIL TOWN CODE, SUBJECT TO CERTAIN CONDITIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; WHEREAS, Ordinance No. 5, Series of 1976 adopted Special Development District No. 4, Cascade Village ("SDD No. 4"); WHEREAS, Resolution No. 19, Series of 2008 changed the land use designation for Development Area D to Lionshead Redevelopment Master Plan in the Vail Land Use Plan; WHEREAS, Resolution No. 26, Series of 2008 adopted site specific recommendations for Development Area D within the Lionshead Redevelopment Master Plan; WHEREAS, the proposed Ever Vail Subdivision will incorporate Development Area D; WHEREAS, on January 24, 2011, after a properly noticed public hearing, the Town of Vail Planning and Environmental Commission recommended approval of the amendments to SDD No. 4; WHEREAS, the removal of Development Area D from SDD No. 4 cannot take effect until the Frontage Road is relocated and the Final Plat for the Ever Vail Subdivision is approved by the Town Council, signed by all required parties and properly recorded with the Eagle County Clerk and Recorder; WHEREAS, the Town Council is willing to provide the applicant with time to relocate the Frontage Road; WHEREAS, the applicant and the Town have discussed the timing of the Frontage Road relocation, and the Town Council finds and determines that eight years is sufficient time to relocate the Frontage Road; and 1112812012 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL SDD-3.DOC WHEREAS, the Town Council finds and determines that, should the Frontage Road not be relocated by December 31, 2020, the removal of Development Area D from SDD No. 4 shall not take effect. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings. Pursuant to Section 12-9A-10 of the Vail Town Code and based on the evidence and testimony presented in consideration of this ordinance, the Vail Town Council (the "Town Council") hereby finds and determines as follows: a. The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled; b. The proposed amendment to SDD No. 4 meets the Town's development objectives as identified in the Vail Comprehensive Plan; C. SDD No. 4 should be amended to achieve compliance with the Lionshead Redevelopment Master Plan; d. The proposed amendment to SDD No. 4 complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code; e. The proposed amendment to SDD No. 4 is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; f. The proposed amendment to SDD No. 4 promotes the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and g. It is in the best interest of the public health, safety, and welfare to amend SDD No. 4 to remove Development Area D, so that Development Area D can become a part of the Ever Vail Subdivision when that subdivision is created. Section 2. Amendment. Subject to Section 3 hereof, Ordinance No. 5, Series of 2008, is hereby amended to remove Development Area D from SDD No. 4. All provisions of SDD No. 4 not expressly amended in this Ordinance shall remain in full force and effect. Specifically, SDD No. 4 shall be amended to read as follows (deletions are shown in GtFike thFoug.14/additions are shown in bold): Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 96.155 acres and Special Development District No. 4 and the 97955 96.155 acres may be referred to as "SDD No. 4." 2 11!28%2012 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL SDD-3.DOC B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots Glen 1 G0FnMeFGial Sete C DI 9.100 YGR Tract K E .R .vvv 8.322 Dedicated Open Space 32.078 Roads 4.700 TOTAL 97955-96.155 Development Plan--Required--Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Deye'opmeRt e.ea D 6 i17u Town Gou ►sib A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A, Vail Town Code. Permitted Uses D. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses 3 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL SDD-3.DOC 42-2- D. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. Accessory Uses D. AFea D, GleR Lyon GemmeMial Site , , . Density --Dwelling Units, P. AFea D, Gly LyeR Gommern-i-al Site. Throe riuiellinn , RitS, tun of T-GWR-Gede Density --Floor Area D. AFea PI,GlGn Lyei n �emmeFGial Site. The development_ plan far thio. �ents, ' Commercial Square Footage FequiFeFneat6-. 4 1128/2012 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL SDD-3.DOC Development Plans Site specific development plans are approved for Area A. and Area ^ The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The developmeRt plan AFea D aFe rempFised ef these plans- sub.m.itted by the Glen Lyon 0 . The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, and Millrace IV., and Brea ^ 1116 a FeqUiFeFneRtG-. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks Height E. ATea-D. GleR I pion CommeFG+ial Site. 51% of the roof shall have a height between 32 anri illi feet 49% of the roof area shell have a height under 32 feet. OR the peFm�it f the b uilrling for Area f1 height__' �, height Site Coverage AFea D; No meFe than 3372% of the total 6itP- autea rahall be GeYeFed -by Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. 5 11!28%2012 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL SDD-3.DOC Parking and Loading D. wM D Glen Lyon GeFnrneFGial Site Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and DevelepmeRt AFea--o; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls 4-.G. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J-. H. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and 1). K. two emnleyee dwelling Uni+c. in Are. D shall only he alle wer) +n f n . Additional Amenities and Approval Agreements for Special Development District No. 4. 6 11!28/2012 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL SDD-3.D0C ■ ■. ._ .- wa W- Mom ... Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and DevelepmeRt AFea--o; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls 4-.G. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J-. H. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and 1). K. two emnleyee dwelling Uni+c. in Are. D shall only he alle wer) +n f n . Additional Amenities and Approval Agreements for Special Development District No. 4. 6 11!28/2012 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL SDD-3.D0C The develepment plan for this area has expired. See -QFdiRanse-Pkv Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and -D shall provide employee housing. In -Area D, the ahe-ve- Tefefensed For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominiums building shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3. The developer of Area D t6hall -h-Wild- 2 emnleyee dwelling units-; in 4he Ares D east building peF the appFeyed plan for than Fmast BuildiRg. InArp--;; -D 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. Section 3. Condition Precedent and Expiration. The amendment set forth in Section 2 hereof shall take effect on the date that the Final Plat for the Ever Vail Subdivision, creating Parcels 1 and 2, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat for the Ever Vail Subdivision has not been 7 11/2WO12 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL SDD-3.DOC properly recorded by December 31, 2020, the amendment set forth in Section 2 hereof shall not take effect. Section 4. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. Effect. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of December, 2012, and a public hearing for second reading of this Ordinance set for the 18th day of December, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andy P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of December, 2012. ATTEST: Lorelei Donaldson, Town Clerk Andy P. Daly, Mayor 8 11/2&2012 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL SDD-3.DOC PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9 Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 5th day of December, 2012. Witness my hand and seal this -,<' qday of }�,�.� , 2012. Ta y Nag v To n of Vail Dep ty Clerk (00�-O--R, ALADO ORDINANCE NO. 9 Series of 2011 AN ORDINANCE AMENDING SECTION 12-10-19 OF THE VAIL TOWN CODE, REGARDING COMMERCIAL CORE AREA PARKING REQUIREMENTS, TO INCORPORATE PARCELS 1 AND 2 OF THE EVER VAIL SUBDIVISION INTO THE COMMERCIAL CORE AREAS DESIGNATION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for amending the Town's Zoning Regulations; WHEREAS, the Town has received an application to incorporate the property that will be known as Parcels 1 and 2 of the Ever Vail Subdivision into the Commercial Core Areas designation, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; WHEREAS, based on the conceptual plans submitted to date, the Vail Town Council (the "Town Council") finds and determines that the proposed Ever Vail development will create a new base area portal to Vail Mountain with mixed use development, proximity to frequent mass transit, and differing peak times for various land uses, resulting in synergies for the demand of parking spaces; WHEREAS, the 1999 parking analysis prepared by Felsburg, Holt, and Ulveg, the Town's parking consultants, determined that when synergies existing in the demand for parking that there is a reduction in the need when compared to areas without the identified synergies; WHEREAS, Ordinance No. 9, Series of 2000 adopted off-street parking requirements for properties within the Town's Commercial Core Areas and created maps identifying those properties within the Commercial Core Areas; WHEREAS, on January 11, 2010, the Town of Vail Planning and Environmental Commission held a properly noticed public hearing on the application to amend the Zoning Regulations to incorporate Parcels 1 and 2 of the Ever Vail Subdivision within the Commercial Core Areas designation; WHEREAS, the Town of Vail Planning and Environmental Commission forwarded to the Town Council a recommendation of approval of the application, with one condition; WHEREAS, the incorporation of Parcels 1 and 2 of the Ever Vail Subdivision into the Commercial Core Areas designation cannot become effective until the Frontage Road is relocated and the Final Plat for the Ever Vail Subdivision is approved by the Town Council, signed by all required parties and properly recorded with the Eagle County Clerk and Recorder; 11/28/2012 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL PARKING-3.DOC WHEREAS, the Town Council is willing to provide the applicant with time to relocate the Frontage Road; WHEREAS, the applicant and the Town have discussed the timing of the Frontage Road relocation, and the Town Council finds and determines that eight years is sufficient time to relocate the Frontage Road; and WHEREAS, the Town Council finds and determines that, should the Frontage Road not be relocated by December 31, 2020, the incorporation of the Ever Vail Subdivision into the Commercial Core Parking designation shall not take effect. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings. Pursuant to Section 12-3-7 of the Vail Town Code and based on the evidence and testimony presented in consideration of this ordinance, the Town Council finds and determines as follows: a. The inclusion of Parcels 1 and 2 of the Ever Vail Subdivision, when created, within the Commercial Core Areas designation will be consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; b. The amendment of the Vail Town Code to include Parcels 1 and 2 of the Ever Vail Subdivision, when created, within the Commercial Core Areas designation will further the general and specific purposes of the Zoning Regulations; and C. The amendment of the Vail Town Code to include Parcels 1 and 2 of the Ever Vail Subdivision, when created, within the Commercial Core Areas designation will promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 2. Amendment. Subject to Section 3 hereof, Section 12-10-19 of the Vail Town Code, adopting the Commercial Core Areas Parking Map, is hereby amended by a modification to the map, as depicted in Exhibit A attached hereto and incorporated herein by this reference. Parcels 1 and 2 of the Ever Vail Subdivision are depicted with a hatched pattern. Section 3. Condition Precedent and Expiration. The amendment set forth in Section 2 hereof shall take effect on the date that the Final Plat for the Ever Vail Subdivision, creating Parcels 1 and 2, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat for the Ever Vail Subdivision has not been properly 2 1112812012 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL PARKING-3.DOC PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10, Series of 2011, on the Town of Vail's web site, www.vail-gov.com, on the 8th day of June, 2011. Witness my hand and seal this _:8�tday of w�c� , 2011. a age PL To ail D k (seal) y • • •O O? ORDINANCE NO. 10 SERIES 2011 AN ORDINANCE AMENDING CHAPTER 12-13-5: EMPLOYEE HOUSING DEED RESTRICTION EXCHANGE PROGRAM, VAIL TOWN CODE, TO AMEND THE DEED -RESTRICTION EXCHANGE PROGRAM, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on January 6, 2009, the Vail Town Council adopted Ordinance No. 31, Series of 2008, which established Chapter 12-13-5, Employee Housing Deed Restriction Exchange Program, Vail Town Code, in order to allow owners of employee housing units to remove their deed restriction in exchange for giving the Town of Vail a free market dwelling unit fee simple; and, WHEREAS, since the adoption of Ordinance No. 31, Series of 2008, no property owners have utilized the employee housing deed restriction exchange program; and, WHEREAS, on March 23, 2011, the Vail Local Housing Authority of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations; and, WHEREAS, on April 25, 2011, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations in accordance with the procedures and criteria and findings outlined in Section 12-3-7 of the Vail Town Code; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section 5 of the Staff memorandum to the Planning and Environmental Commission dated April 11, 2011, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section 5 of the Staff memorandum to the Planning and Environmental Commission dated April 11, 2011, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section 5 of the Staff memorandum dated April 11, 2011; and, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: The proposed regulation amendments are as follows (text that is to be added is bold italics): Ordinance No. 10, Series of 2011, first reading Section 1. Section 12-13-5A, Purpose, Vail Town Code is hereby amended as follows: A. Purpose: The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release of a deed restriction from an existing employee housing unit in exchange for Town of Vag to hig dognd 'estriGted the placement of an employee housing deed restriction on another dwelling unit and/ or a fee -in -lieu payment made to the Town of Vail. Section 2. Section 12-13-5B, Definitions, Vail Town Code is hereby amended as follows: B. Definitions: For the purpose of this Section: Exchange EHU: The existing non -price appreciation capped employee housing unit or other unit with an employee housing deed restriction that is being proposed to have the deed restriction released as part of this program. Proposed EHU: The existing dwelling unit that is being proposed to receive an be employee housing deed restriction as part of this program. Section 3. Section 12-13-5C, General Requirements, Vail Town Code is hereby amended as follows: C. General Requirements: The Town Council may approve the removal of an employee housing deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on to another dwelling unit, and/or the payment of a fee -in -lieu. Exchange EHU requirements: a. The exchange EHU shall not be part of any employee housing project developed or deed -restricted (in part or in whole) by the Town of Vail. b. The exchange EHU shall not be part of any on-site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. c. The property that includes the exchange EHU shall comply with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of Title 12, Zoning Regulations, Vail Town Code, upon exchange of the deed restrictions. 2. Proposed EHU requirements: a. The proposed EHU(s) shall be located within the Town of Vail. b. The proposed EHU(s) shall be within a homeowners association that does not preclude deed restricted units, does not have a right of first refusal, does not have right to approve the sale or the sale contract, or have any other requirements deemed to be similarly restrictive by the Administrator. Ordinance No. 10, Series of 2011, first reading c. The proposed EHU shall comply with the minimum size requirements shown in Table 13-2. TABLE 13-2: MINIMUM SIZE OF PROPOSED EHUs Type Of Unit Minimum Size GRFA Studio 438 square feet 1 bedroom 613 square feet 2 bedroom 788 square feet 3+ bedrooms 1,225 square feet d. The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom. e. The property on which the proposed EHU is located shall comply with Chapter 12-10, Off -Street Parking and Loading, Vail Town Code. f, The proposed EHU shall have its own entrance. There shall be no interior access from the proposed EHU to any dwelling unit to which it may be attached. 3. Exchange Rate for Proposed EHUs: a. If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is also within the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. b. If the exchange EHU is within the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of three (3) times the gross residential floor area (GRFA) of the exchange EHU. c. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is inside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of one and one-half (1.5) times the gross residential floor area (GRFA) of the exchange EHU. d. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. 45. No Credit Given: If the gross residential floor area (GRFA) of the proposed EHU(s) is in excess of the minimum required gross residential floor area (GRFA) as set forth in Subsection D3 above, the additional gross residential floor area (GRFA) shall not be eligible for use as any form of future credit or for the Commercial Linkage or Inclusionary Zoning employee housing mitigation banks established by Sections 12-23-7 and 12-24- 7, Vail Town Code. 3 Ordinance No. 10, Series of 2011, first reading M-4 ........ ----voiamwl . . .................. ­*- - - 5. Fee -In -Lieu: The applicant may elect to provide a fee -in -lieu payment to the Town of Vail for any portion of the required square footage not provided by a proposed EHU. The town shall only use monies collected from the fees in lieu to provide new employee housing. The applicant shall pay a fee -in -lieu equal to the following formulas: Existing EHU sq ft x multiplier x inclusionary zoning fee = Fee -in -Lieu Payment a. If the exchange EHU was approved prior to July 22, 1994 and has a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees...," the formula for fee -in -lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x (the current rate for inclusionary zoning fee -in -lieu] x 1 b. If the exchange EHU was approved after July 22, 1994 and/or does not have a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees...'; and If the exchange EHU is outside of the commercial job core, the formula for fee -in - lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee -in -lieu] x 2 c. If the exchange EHU was approved after July 22, 1994 and/or does not have a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees...", and is within the commercial job core, the formula for fee -in -lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee -in -lieu] x 3 Section 4. Section 12-13-5F, Review Process, Vail Town Code is hereby amended as follows: F. Review Process: 2. Review Procedures: d. Appeal: Administrator and Town Council decisions may be appealed in accordance with the provisions in section 12-3-3, "Appeals", of this title. 4 Ordinance No. 10, Series of 2011, first reading 3. Criteria and Findings: a. Criteria: Before acting on an Employee Housing Deed Restriction Exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the Commercial Job Core and public transportation; and 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for Commercial Linkage mitigation in Section 12-23-3, Vail Town Code; and 3. The effect of any homeowners association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and 4. The correlation between any homeowners association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners association. 5. The extent to which the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. 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 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 6. 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. Section 7. The amendment of any provision of the 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. Section 8. 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. Ordinance No. 10, Series of 2011, first reading recorded by December 31, 2020, the amendment set forth in Section 2 hereof shall not take effect. Section 4. Severability. 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 5. Effect. 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. Section 6. Repealer. 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 4th day of December, 2012 and a public hearing for second reading of this Ordinance set for the 18th day of December, 2012, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andy P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of December, 2012. Andy P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk 11/2&2012 IIVWS-STORAGEIDESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL PARKING-3.DOC PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10, Series of 2011, on the Town of Vail's web site, www.vail.qov.com, on the 22nd day of June, 2011. Witness my hand and seal thisc�2�day of , 2011. T my el Fy qq DeDu ORDINANCE NO. 10 SERIES 2011 AN ORDINANCE AMENDING CHAPTER 12-13-5: EMPLOYEE HOUSING DEED RESTRICTION EXCHANGE PROGRAM, VAIL TOWN CODE, TO AMEND THE DEED -RESTRICTION EXCHANGE PROGRAM, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on January 6, 2009, the Vail Town Council adopted Ordinance No. 31, Series of 2008, which established Chapter 12-13-5, Employee Housing Deed Restriction Exchange Program, Vail Town Code, in order to allow owners of employee housing units to remove their deed restriction in exchange for giving the Town of Vail a free market dwelling unit fee simple; and, WHEREAS, since the adoption of Ordinance No. 31, Series of 2008, no property owners have utilized the employee housing deed restriction exchange program; and, WHEREAS, on March 23, 2011, the Vail Local Housing Authority of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations; and, WHEREAS, on April 25, 2011, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations in accordance with the procedures and criteria and findings outlined in Section 12-3-7 of the Vail Town Code; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section 5 of the Staff memorandum to the Planning and Environmental Commission dated April 11, 2011, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section 5 of the Staff memorandum to the Planning and Environmental Commission dated April 11, 2011, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section 5 of the Staff memorandum dated April 11, 2011; and, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: The proposed regulation amendments are as follows: Section 1. Section 12-13-5A, Purpose, Vail Town Code is hereby amended as follows: Ordinance No. 10, Series of 2011, second reading A. Purpose: The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/ or a fee - in -lieu payment made to the Town of Vail. Section 2. Section 12-13-513, Definitions, Vail Town Code is hereby amended as follows: B. Definitions: For the purpose of this Section: Exchange EHU: The existing non -price appreciation capped employee housing unit or other unit with an employee housing deed restriction that is being proposed to have the deed restriction released as part of this program. Proposed EHU: The existing dwelling unit that is being proposed to receive an employee housing deed restriction as part of this program. Section 3. Section 12-13-5C, General Requirements, Vail Town Code is hereby amended as follows: C. General Requirements: The Town Council may approve the removal of an employee housing deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on to another dwelling unit, and/or the payment of a fee -in -lieu. Exchange EHU requirements: a. The exchange EHU shall not be part of any employee housing project developed or deed -restricted (in part or in whole) by the Town of Vail. b. The exchange EHU shall not be part of any on-site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. c. The property that includes the exchange EHU shall comply with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of Title 12, Zoning Regulations, Vail Town Code, upon exchange of the deed restrictions. 2. Proposed EHU requirements: a. The proposed EHU(s) shall be located within the Town of Vail. b. The proposed EHU(s) shall be within a homeowners association that does not preclude deed restricted units, does not have a right of first refusal, does not have right to approve the sale or the sale contract, or have any other requirements deemed to be similarly restrictive by the Administrator. c. The proposed EHU shall comply with the minimum size requirements shown in Table 13-2. 2 Ordinance No. 10, Series of 2011, second reading TABLE 13-2: MINIMUM SIZE OF PROPOSED EHUs Type Of Unit Minimum Size GRFA Studio 438 square feet 1 bedroom 613 square feet 2 bedroom 788 square feet 3+ bedrooms 1,225 square feet d. The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom. e. The property on which the proposed EHU is located shall comply with Chapter 12-10, Off -Street Parking and Loading, Vail Town Code. f. The proposed EHU shall have its own entrance. There shall be no interior access from the proposed EHU to any dwelling unit to which it may be attached. 3. Exchange Rate for Proposed EHUs: a. If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is also within the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. b. If the exchange EHU is within the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of three (3) times the gross residential floor area (GRFA) of the exchange EHU. c. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is inside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of one and one-half (1.5) times the gross residential floor area (GRFA) of the exchange EHU. d. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. 4. No Credit Given: If the gross residential floor area (GRFA) of the proposed EHU(s) is in excess of the minimum required gross residential floor area (GRFA) as set forth in Subsection D3 above, the additional gross residential floor area (GRFA) shall not be eligible for use as any form of future credit or for the Commercial Linkage or Inclusionary Zoning employee housing mitigation banks established by Sections 12-23-7 and 12-24-7, Vail Town Code. 5. Fee -In -Lieu: The applicant may elect to provide a fee -in -lieu payment to the Town of Vail for any portion of the required square footage not provided by a proposed EHU. The town shall only use monies collected from the fees in lieu to provide new employee housing. The applicant shall pay a fee -in -lieu equal to the following formulas: Existing EHU sq ft x multiplier x inclusionary zoning fee = Fee -in -Lieu Payment a. If the exchange EHU was approved prior to July 22, 1994 and has a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees...," the formula for fee -in -lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee -in -lieu] x 1 Ordinance No. 10, Series of 2011, second reading b. If the exchange EHU was approved after July 22, 1994 and/or does not have a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees...", and If the exchange EHU is outside of the commercial job core, the formula for fee -in -lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee -in -lieu] x 2 c. If the exchange EHU was approved after July 22, 1994 and/or does not have a deed restriction that includes the language stating "if the unit is rented, it shall be rented only to tenants who are full time employees...", and is within the commercial job core, the formula for fee -in -lieu payment is: [the square footage of the exchange EHU as recorded on the deed restriction] x [the current rate for inclusionary zoning fee -in -lieu] x 3 Section 4. Section 12-13-5F, Review Process , Vail Town Code is hereby amended as follows: F. Review Process: 2. Review Procedures: d. Appeal: Administrator and Town Council decisions may be appealed in accordance with the provisions in section 12-3-3, "Appeals", of this title. 3. Criteria and Findings: a. Criteria: Before acting on an Employee Housing Deed Restriction Exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the Commercial Job Core and public transportation; and 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for Commercial Linkage mitigation in Section 12-23-3, Vail Town Code; and 3. The effect of any homeowners association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and 4. The correlation between any homeowners association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners association. 5. The extent to which the exchange is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. 4 Ordinance No. 10, Series of 2011, second reading 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 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 6. 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. Section 7. The amendment of any provision of the 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. Section 8. 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 7th day of June, 2011 and a public hearing for second reading of this Ordinance set for the 21st day of June, 2011, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21" day of June, 2011. ATTEST: Lorelei Donaldson, Town Clerk Richard D. Cleveland, Mayor Ordinance No. 10, Series of 2011, second reading Core Area Parking Map 11 Lonshead I . , a - r- gas IRE. .ry T I e 1 I I y t I I r Commercial Core Area e I ,oreExhibit A TOWN OF VAR' PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 20th day of April, 2011. Witness my hand and seal thi `,�Z-V—L day of , 2011. rammy el n o . Deputy C (seal) ORDINANCE NO. 11 Series of 2011 AN ORDINANCE AUTHORIZING A TEN FOOT WIDE UTILITY EASEMENT ALONG THE SHARED PROPERTY LINE BETWEEN PARCEL A AND PARCEL B, A RESUBDIVISION OF TRACT D, A RESUBDIVISION OF VAIL DAS SCHONE FILING NO.1, A RESUBDIVISION OF PARCELS A & B, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town of Vail is the owner of record of Parcel A and Parcel B, a resubdivision of Tract D, a resubdivision of Vail Das Schone Filing No.1, a resubdivision of Parcels A & B, Town of Vail, County of Eagle, State of Colorado; WHEREAS, the Charter of the Town of Vail enables the Vail Town Council to dedicate town -owned land for demonstrated public purposes; WHEREAS, as a result of the completion of the new West Vail Fire Station #3 a ten foot wide utility easement (the "Easement') is needed along the entire length of the shared property line between Parcel A and Parcel B, as shown in the attached Exhibit A; WHEREAS, at this time Comcast Cable desires to bury a cable line within the area of the Easement to serve the needs of the fire station and the properties in the vicinity; WHEREAS, the Town desires to dedicate a ten foot wide utility easement along the shared property line; WHEREAS, the Council considers it in the best interest of the public health, safety and welfare of the Town of Vail to dedicate the Easement as shown in the attached Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Council hereby approves and authorizes the dedication a ten foot wide utility easement along the entire length of the common property line between Parcel A and Parcel B, as shown in the attached Exhibit A. 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 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 4. The 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 ON FIRST READING this 19th day of April, 2011, and a public hearing for second reading of this Ordinance set for the 3rd day of May, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland Town Mayor IG�11ix.��I Lorelei Donaldson Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of May, 2011. Richard Cleveland Town Mayor Attest: Lorelei Donaldson Town Clerk EXHIBIT "A" PARCELS A & B, A RESUBDIV7MON OF TRACT D A RESUBDIVNION OF VA.IL DAS SCHONE FILING No. I TOWN OF VAIL EAGLE COUNTY, COLORADO LOT 19 � PARCEL B 7UTIUTI EUSEYENI 3.&t0 AW_ws i Wlr* 19C, PhiE SSBI = {231 C 1 V l —5' U nuT11, EASE (BCCN 180, Pf.0 5.00' UTILITY EASENEN7 0. LOT B {r, -ATFD EI'r' —.� y y TW5 PLnTI $Qj 36.31.E ll it ��• APPRrP_, LCW:'- T rft Cf ID' 'AIDE MCL'r 11� r,RrgS ELM EASE)AENT —��• J (BONY 47e. PACE 273; 01.0 Ot U11UTr EASEMENT ,r ✓/ (SEE DETAIL.)`—�v UTII$ raC Ara ss J9G� EASEWCN7 `\(�E DETJJL; 0 PARCEL A A'hiER A SAOITAT'ICN EASEMET'JT 1 (BDJI: 332. PACES 991 k 99-4 LOT 12 • \ uore RangN Su'veying,Lb: RAMSoRoaw DELTAMW NRC - 14440* I&WIENE - 7L.7.' 04M — 140.40 W4 . S43W3rw PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 11, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 4th day of May, 2011. Witness my hand and seal this L{ 1 day of 2011. Tamr-oyf TowVai eputy Clerk (seal) ORDINANCE NO. 11 Series of 2011 AN ORDINANCE AUTHORIZING A TEN FOOT WIDE UTILITY EASEMENT ALONG THE SHARED PROPERTY LINE BETWEEN PARCEL A AND PARCEL B, A RESUBDIVISION OF TRACT D, A RESUBDIVISION OF VAIL DAS SCHONE FILING NO.1, A RESUBDIVISION OF PARCELS A & B, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected and qualified; WHEREAS, the Town of Vail is the owner of record of Parcel A and Parcel B, a resubdivision of Tract D, a resubdivision of Vail Das Schone Filing No.1, a resubdivision of Parcels A & B, Town of Vail, County of Eagle, State of Colorado; WHEREAS, the Charter of the Town of Vail enables the Vail Town Council to dedicate town -owned land for demonstrated public purposes; WHEREAS, as a result of the completion of the new West Vail Fire Station #3 a ten foot wide utility easement (the "Easement') is needed along the entire length of the shared property line between Parcel A and Parcel B, as shown in the attached Exhibit A; WHEREAS, at this time Comcast Cable desires to bury a cable line within the area of the Easement to serve the needs of the fire station and the properties in the vicinity; WHEREAS, the Town desires to dedicate a ten foot wide utility easement along the shared property line; WHEREAS, the Council considers it in the best interest of the public health, safety and welfare of the Town of Vail to dedicate the Easement as shown in the attached Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Council hereby approves and authorizes the dedication a ten foot wide utility easement along the entire length of the common property line between Parcel A and Parcel B, as shown in the attached Exhibit A. 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 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 4. The 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 ON FIRST READING this 19th day of April, 2011, and a public hearing for second reading of this Ordinance set for the 3rd day of May, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of May, 2011. Richard Cleveland Town Mayor Attest: Lorelei Donaldson Town Clerk EXHIBIT "All PARCELS A & B, A RESUBDIVIRON OF TRACT D A RESUBDIVNION OF VAb DAS SCHONE FLUNG No. 1 TOWN OF VAIL, EAGLE COUNTY, COLORADO LOT 10 `�. PARCEL 6 V UT1U7r DZEYEtil 3 5-0 w-lmS i99C- 190, PAGE SSBI .-- V --5' UT1UTi EA5i ,,9C,.M 190, Pc{ 20 UTIUTY EASENENT �� LOT D in7E ATED BY —� i� TH15 PLPTI �, Sa3 �'�•E �d �' AAPRCP', LCY.;4i1M U 1(f 'MUE HCL'r CPCSS EL£r EASDAENT IF,CUI+AS BUPoEO UnLJT', Ufoc,,� (91)11 47e. RACE 273) �►M/ /,y � r 01 UTUT,' FASE LENT �.✓' / i5EE DETAIL;h7 5S: Jyb CASE w E pi I �� ♦l ,,TE CETAI D 1 !+ PARCEL A 1.322 ACKS � �Z "BOO ( 91 RAMS 9000JW " l MTA 1" AAC - 14!4A• A'ATER d SAICTAT1CP1 EASMENT f TAN�Nr 7,L7y / IBOJi. 33?. PACES 991 h 99.2' � // 04M— 14. 4W IIR4 S13'0� 3C1R LOT 12 Sure Range_ SU'VEyi no. LLc PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 12, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 4th day of May, 2011. Witness my hand and seal this L4 day of 2011. 1 T mmye own of V�eputy C6rk— (seal) ORDINANCE NO. 12 SERIES OF 2011 AN ORDINANCE EXTENDING AMENDMENTS TO CHAPTER 11-7, OTHER SIGNS, SIGN REGULATIONS, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR INFORMATIONAL AND DIRECTIONAL SIGNS FOR PUBLIC PARKING ON PRIVATE PROPERTY AND ALLOWING THE ADMINISTRATOR TO APPROVE SAID SIGNS SUBJECT TO REVIEW, TO SEPTEMBER 6, 2011, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, on August 21, 1973, the Council adopted Ordinance No.9, Series of 1973, establishing sign regulations in the Town of Vail; WHEREAS, the general purpose of the established sign regulations is to promote the health, safety, morals, and general welfare of the Town of Vail and to promote the coordinated and harmonious design and placement of the signs in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, Ordinance No. 9, Series of 1973, established sign application procedures for all signs erected in the Town of Vail to be subject to design review by the Administrator and/or Design Review Board; WHEREAS, the Council has received input from private property owners expressing concern that the adopted Sign Regulations prevent certain types of informational and directional signs for public parking on private property from being erected within the Town; WHEREAS, conflicts currently exist between the Town's adopted master plan policies for public parking and the adopted regulations outlined within the Municipal Code of the Town of Vail; WHEREAS, in response to said input the Council instructed Town Staff to prepare an emergency ordinance proposing an amendment to certain provisions of the adopted Sign Regulations to allow the Administrator to approve an informational and directional sign for public parking on private property; WHEREAS, on January 4, 2011, the Vail Town Council adopted Ordinance No. 2, Series of 2011, an ordinance amending Chapter 11-7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the administrator to approve said signs subject to review, and setting forth details in regard thereto, and declaring an emergency; WHEREAS, Ordinance No. 2, Series of 2011 expires on May 3, 2011; WHEREAS, the Town of Vail is currently engaged in a guest services enhancement program that includes options for signage and wayfinding enhancements; Ordinance No. 12, Series of 2011 WHEREAS, opportunities exist to incorporate informational and directional signs for public parking on private property into the signage and wayfinding enhancements; WHEREAS, granting a one hundred, twenty-five (125) day extension to the expiration of Ordinance No. 2, Series of 2011 from May 3, 2011, to September 6, 2011, will allow for said opportunities to be fully explored and incorporated if appropriate; WHEREAS, it is not the intent of this ordinance to circumvent or otherwise alter the desired policy outcomes of the Town's adopted Sign Regulations whereby signs no longer achieve the general and specific purposes of the Regulations; WHEREAS, the Town Council finds that the passage of this ordinance preserves the public property, health, welfare, peace or safety of the Town of Vail, and WHEREAS, in order to properly administer the purpose and intent of Title 11, Sign Regulations of the Vail Town Code, the Town Council finds that it should take this action and adopt the amended regulations and procedures as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Title 11, Sign Regulations, Chapter 7, Other Signs, shall be amended as follows: Section 1. Chapter 11-7, Other Signs, Vail Town Code, shall be amended to add the following section (Additions to text shown in bold): 11-7-16: INFORMATIONAL AND DIRECTIONAL SIGN FOR PUBLIC PARKING ON PRIVATE PROPERTY: A. Description: An informational and directional sign shall be described as a portable sign with the intended use of directing the public to private property locations where vehicle parking is available for daily and /or hourly use by the public and advertising the daily and /or hourly rate. B. Applicability: An informational and directional sign shall only be allowed for property having obtained approval from the Town for daily and/or hourly use of parking spaces by the public. C. Number and Location: Subject to review and approval of the Administrator. D. Size and Design: All informational and directional signs shall comply with the standards prescribed in Exhibit A, as applicable: Exhibit A: Informational and directional sign for public parking on private property Ordinance No. 12, Series of 2011 E. Special Provisions: 1. An informational and directional sign shall only be displayed when the daily use of parking spaces are available to the public. 2. The daily and or hourly rate shall be displayed and remain current at all times. 3. The penalty for violating any provision of this regulation shall be the revocation of the approval and the immediate removal of the sign upon written notice from the Administrator. Any action of the Administrator may be appealed to the Design Review Board, pursuant to this Title. 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 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 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. Section 4. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer Ordinance No. 12, Series of 2011 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 3rd day of May, 2011, and a public hearing for second reading of this Ordinance set for the 17th day of May, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of May, 2011. Richard Cleveland Town Mayor Attest: Ordinance No 12, Series of 2011 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 12, Series of 2011, on the Town of Vail's web site, www.vailqov.com, on the 18th day of May, 2011. Witness my hand and seal this day of A , 2011. Tamy�y Nag Tov��.f_.V puty Cler _- (se vq/ •...... l O. Q Co�O�� ORDINANCE NO. 12 SERIES OF 2011 AN ORDINANCE EXTENDING AMENDMENTS TO CHAPTER 11-7, OTHER SIGNS, SIGN REGULATIONS, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR INFORMATIONAL AND DIRECTIONAL SIGNS FOR PUBLIC PARKING ON PRIVATE PROPERTY AND ALLOWING THE ADMINISTRATOR TO APPROVE SAID SIGNS SUBJECT TO REVIEW, TO SEPTEMBER 6, 2011, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, on August 21, 1973, the Council adopted Ordinance No.9, Series of 1973, establishing sign regulations in the Town of Vail; WHEREAS, the general purpose of the established sign regulations is to promote the health, safety, morals, and general welfare of the Town of Vail and to promote the coordinated and harmonious design and placement of the signs in a manner thatwill conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, Ordinance No. 9, Series of 1973, established sign application procedures for all signs erected in the Town of Vail to be subject to design review by the Administrator and/or Design Review Board; WHEREAS, the Council has received input from private property owners expressing concern that the adopted Sign Regulations prevent certain types of informational and directional signs for public parking on private property from being erected within the Town; WHEREAS, conflicts currently exist between the Town's adopted master plan policies for public parking and the adopted regulations outlined within the Municipal Code of the Town of Vail; WHEREAS, in response to said input the Council instructed Town Staff to prepare an emergency ordinance proposing an amendment to certain provisions of the adopted Sign Regulations to allow the Administrator to approve an informational and directional sign for public parking on private property; WHEREAS, on January 4, 2011, the Vail Town Council adopted Ordinance No. 2, Series of 2011, an ordinance amending Chapter 11-7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the administrator to approve said signs subject to review, and setting forth details in regard thereto, and declaring an emergency; WHEREAS, Ordinance No. 2, Series of 2011 expires on May 3, 2011; WHEREAS, the Town of Vail is currently engaged in a guest services enhancement program that includes options for signage and wayfinding enhancements; Ordinance No 12, Series of 2011 WHEREAS, opportunities exist to incorporate informational and directional signs for public parking on private property into the signage and wayfinding enhancements; WHEREAS, granting a one hundred, twenty-five (125) day extension to the expiration of Ordinance No. 2, Series of 2011 from May 3, 2011, to November 21, 2011, will allow for said opportunities to be fully explored and incorporated if appropriate; WHEREAS, it is not the intent of this ordinance to circumvent or otherwise alter the desired policy outcomes of the Town's adopted Sign Regulations whereby signs no longer achieve the general and specific purposes of the Regulations; WHEREAS, the Town Council finds that the passage of this ordinance preserves the public property, health, welfare, peace or safety of the Town of Vail, and WHEREAS, in order to properly administer the purpose and intent of Title 11, Sign Regulations of the Vail Town Code, the Town Council finds that it should take this action and adopt the amended regulations and procedures as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Title 11, Sign Regulations, Chapter 7, Other Signs, shall be amended as follows: Section 1. Chapter 11-7, Other Signs, Vail Town Code, shall be amended to add the following section (Additions to text shown in bold): 11-7-16: INFORMATIONAL AND DIRECTIONAL SIGN FOR PUBLIC PARKING ON PRIVATE PROPERTY: A. Description: An informational and directional sign shall be described as a portable sign with the intended use of directing the public to private property locations where vehicle parking is available for daily and /or hourly use by the public and advertising the daily and /or hourly rate. B. Applicability: An informational and directional sign shall only be allowed for property having obtained approval from the Town for daily and/or hourly use of parking spaces by the public. C. Number and Location: Subject to review and approval of the Administrator. D. Size and Design: All informational and directional signs shall comply with the standards prescribed in Exhibit A, as applicable: Exhibit A: Informational and directional sign for public parking on private property Ordinance No. 12, Series of 2011 E. Special Provisions: 1. An informational and directional sign shall only be displayed when the daily use of parking spaces are available to the public. 2. The daily and or hourly rate shall be displayed and remain current at all times. 3. The penalty for violating any provision of this regulation shall be the revocation of the approval and the immediate removal of the sign upon written notice from the Administrator. Any action of the Administrator may be appealed to the Design Review Board, pursuant to this Title. Section tib' 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 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 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. Section 4. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer Ordinance No. 12, Series of 2011 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 3rd day of May, 2011, and a public hearing for second reading of this Ordinance set for the 17th day of May, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of May, 2011. Richard Cleveland Town Mayor Attest: Ordinance No 12, Series of 2011 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of June, 2011 and a public hearing for second reading of this Ordinance set for the 21 st day of June, 2011, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 6 Ordinance No. 10, Series of 2011, first reading PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13, Series of 2011, on the Town of Vail's web site, www.vail.gov.com, on the 8th day of June, 2011. l Witness my hand and seal this 4wn y4V' of eputy day of l��,,,� , 2011. 0 ORDINANCE NO. 13 SERIES OF 2011 AN ORDINANCE DEFINING ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICE ("EPAMD"); ESTABLISHING REGULATIONS REGARDING THE OPERATION OF SUCH DEVICES IN THE TOWN OF VAIL; CODIFYING SUCH REGULATIONS; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town promotes alternative transportation modes that are environmentally friendly and that reduce society's dependence on fossil fuels; WHEREAS, by this Ordinance, the Town desires to define the term Electric Personal Assisted Mobility Device ("EPAMD"), declare EPAMDs to be exempt from motor vehicle traffic laws except as provided herein, implement regulations for the operation of EPAMDs in the Town, and codify such regulations; WHEREAS, EPAMD's have been operating in the Town on a trial basis since June of 2009, and the Council now wishes to permit the operation of EPAMDs on a permanent basis, pursuant to the restrictions set forth herein; WHEREAS, pursuant to Colorado law, this Ordinance is required to permit the operation of EPAMDs over and upon the Town's recreation paths; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-4-1 of the Vail Town Code is hereby amended by the addition of the following new definition: ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICE ("EPAMD"): A self -balancing, nontandem two -wheeled device, designed to transport only one person, which is powered solely by an electronic propulsion system producing an average power output of no more than seven hundred fifty watts. Section 2. Section 7-4-4 of the Vail Town Code is hereby renumbered to be Section 7-4-5. Section 3. Chapter 4 of Title 7 of the Vail Town Code is hereby amended by the addition of a new Section 7-4-4, to read as follows: Ordinance No. 13, Series of 2011 7-4-4 EPAMDs. A. Model Traffic Code. 1. Except as provided by this Ordinance, the operation of EPAMDs in the Town shall be exempt from the Model Traffic Code adopted by the Town as well as such other Town ordinances that regulate motorized vehicles in the Town. 2. For the purposes of operation, parking, and equipment and subject to the additional regulations set forth in this Section, EPAMDs shall be considered bicycles and shall be subject to the provisions and regulations concerning bicycles contained in the Model Traffic Code adopted by the Town. B. Prohibited Areas. It is unlawful for any person to operate an EPAMD in or on the following: 1. Vail Nature Center; 2. Betty Ford Alpine Garden; 3. Village Streamwalk (currently pedestrian only); 4. Children's playgrounds; 5. Turf areas; 6. Natural/unimproved areas; and 7. Streets and highways that are parts of the state highway system. C. Minimum Age. An EPAMD shall only be operated in the Town by persons sixteen (16) years of age or older. D. Exception. The provisions of this Section limiting the use of EPAMDs shall not apply to an EPAMD that is operated by a person with a mobility impairment caused by physical disability who uses the device to enhance that person's mobility. E. Equipment. All EPAMDs operated within the Town shall be equipped with an audible warning device. Section 4. 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 5. The amendment of any provision of the 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. Ordinance No. 13, Series of 2011 Section 6. 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 May, 2011, and a public hearing for second reading of this Ordinance set for the 7th day of June, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7" day of June, 2011. Richard Cleveland Town Mayor Attest: Lorelei Donaldson Town Clerk Ordinance No. 13, Series of 2011 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 18th day of May, 2011. Witness my hand and seal this day of , 2011. Tamm Tow of Vail uty (irk_ _s_ '•• O' • y . • :• ; Op ORDINANCE NO. 13 SERIES OF 2011 AN ORDINANCE DEFINING ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICE ("EPAMD"); ESTABLISHING REGULATIONS REGARDING THE OPERATION OF SUCH DEVICES IN THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town promotes alternative transportation modes that are environmentally friendly and that reduce society's dependence on fossil fuels; WHEREAS, by the provisions of this Ordinance, the Town desires to: (a) define Electric Personal Assisted Mobility Device ("EPAMD"); declare such vehicles as exempt from motor vehicle traffic laws except as provided in the Ordinance; implement regulations for the operation of EPAMDs in the Town of Vail; WHEREAS, EPAMD's have been operating in the Town on a trial basis since June of 2009, and the Council now wishes to permit the operation of EPAMD'S on a permanent basis, pursuant to the restrictions set forth herein; WHEREAS, pursuant to Colorado law, this Ordinance is required to permit the operation of EPAMD's over and upon the Town's recreation paths; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. DEFINITIONS Electronic Personal Assistive Mobility Device ("EPAMD") means a self -balancing, nontandem two -wheeled device, designed to transport only one person, which is powered solely by an electronic propulsion system producing an average power output of no more than seven hundred fifty watts. Section 2. OPERATION OF EPAMDs AUTHORIZED Except as provided by this Ordinance, the operation of EPAMDs in the Town shall be exempt from the Model Traffic Code, as adopted by the Town of Vail, and such other Town ordinances that regulate motorized vehicles in Town. Section 3. EPAMD OPERATION, PARKING AND EQUIPMENT REGULATIONS O,dlnen- N. 13, Senes of3011 For the purposes of operation, parking, and equipment and subject to the additional regulations set forth in this Ordinance, EPAMDs shall be considered bicycles and shall be subject to the provisions and regulations concerning bicycles contained in the Model Traffic Code, as adopted by the Town of Vail. Section 4. RESTRICTIONS ON THE OPERATION OF EPAMDs A. It shall be unlawful for any person to operate EPAMDs in the following public areas: (1) Vail Nature Center (2) Betty Ford Alpine Garden (3) Village Streamwalk (currently pedestrian only) (4) All children's playgrounds (5) All turf areas (6) All natural/unimproved areas B. The rider of an EPAMD shall have all the same rights and duties as an operator of any other vehicle pursuant to C.R.S. Article 4, Title 42, except as to those provisions that by their nature have no application and have not otherwise been lawfully amended by this Ordinance. Section 5. FURTHER RESTRICITONS ON EMPADs It shall be unlawful to operate EPAMD's on streets and highways that are parts of the state highway system. Section 6. MINIMUM AGE FOR OPERATION OF EPAMDs Operation of EPAMDs shall be limited to persons sixteen (16) years of age or older. Section 7. VIOLATIONS Violations of this Ordinance shall be punishable in accordance with the Section 1-4-1 of this Code. Section 8. EXCEPTIONS The provisions of this section limiting the use of EPAMDs do not apply to an EPAMD when that devise is operated by a person with a mobility impairment caused by physical disability who uses the device to enhance that person's mobility. Section 9. REQUIRED SAFETY EQUIPMENT All EPAMD's operated within the Town of Vail must be equipped with an audible warning device. Section 10. 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. Ordinance No 13, Series of 2011 Section 11. The amendment of any provision of the 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. Section 12. 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 May, 2011, and a public hearing for second reading of this Ordinance set for the 7th day of June, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor MAIN a9x.9M Lorelei Donaldson, Town Clerk Ordinance Ro 13_ S— of'_011 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 6th day of July, 2011. c Witness my hand and seal this -'day of V 2011. a . a el Town of a' eputy Cl (seal) SEAL % �� ORDINANCE NO. 14 SERIES OF 2011 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND MARKETING FUND OF THE 2011 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 2011 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 2010, adopting the 2011 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 2011 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 2,188,800 Capital Projects Fund 4,195,715 Real Estate Transfer Tax Fund 775,914 Marketing Fund 1.000 Total $ 7,161,429 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 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. Ordinance No. 14, Series of 2011 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 5th day of July, 2011, and a public hearing shall be held on this Ordinance on the 19th day of July, 2011, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 14, Series of 2011 I PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14, Series of 2011, on the Town of Vail's web site, www.vail.qov.com, on the 20th day of July, 2011. Witness my hand and seal this day of.-- , 2011. 4Tamy Nag Town eputy Cler 1 ORDINANCE NO. 14 SERIES OF 2011 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND MARKETING FUND OF THE 2011 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 2011 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 2010, adopting the 2011 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 2011 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 2,188,800 Capital Projects Fund 4,195,715 Real Estate Transfer Tax Fund 775,914 Marketing Fund 1,000 Total $ 7,161,429 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 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. Ordinance No. 14, Series of 2011 ti PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 15, Series of 2011, on the Town of Vail's web site, www.vailqov.com, on the 6th day of July, 2011. Witness my hand and seal this day of SJ` �-( , 2011. ORDINANCE NO. 15 SERIES OF 2011 AN ORDINANCE AMENDING TITLE 6, CHAPTER 5 "SPECIAL EVENT DESIGNATIONS", VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, in June of 2001 the Council approved Ordinance 12, Series 2001, which provides for both a curfew and a special event district to be created on July 4 and December 31 of each year for the purpose of "maintaining public peace and order during these two holiday celebrations"; WHEREAS, on June 21, 2011 the Council provided clear administrative direction to the Town Manager that the curfew and the special event district were not necessary for the Town's 2011 Fourth of July celebration and, therefore, were not to be established or enforced; WHEREAS, by this Ordinance, the Town Council desires to ratify the administrative direction given to the Town Manager as it pertains to the Town's July 4, 2011 celebration, and to provide certain clarifying amendments to the Town Code as they relate to special event designations; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Council hereby ratifies the unanimous administrative direction given to the Town Manager on June 21, 2011, to wit: that the Juvenile Curfew set forth in Section 6-5-2 Vail Town Code, and the Special Event Designation set forth in Section 6- 5-3 shall not be imposed on July 4, 2011. Section 2. Title 6, Chapter 5, Vail Town Code is hereby amended by the addition of a new Section 6-5-4, to read as follows: 6-5-4 Special Event Designation Discretionary Notwithstanding any other provision of this Code, the juvenile curfew and the special event district provided for in this Chapter 5 shall be imposed at the sole discretion of the Town Council. Ordinance No. 15, Series of 2011 Section 3. 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 4. The amendment of any provision of the 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. Section 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 ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of July, 2011, and a public hearing for second reading of this Ordinance set for the 19th day of July, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of July, 2011. Richard Cleveland Town Mayor Attest: Lorelei Donaldson Town Clerk Ordinance No. 15, Series of 2011 i 1 . 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 orthe 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 5th day of July, 2011, and a public hearing shall be held on this Ordinance on the 19th day of July, 2011, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 19th day of July 2011. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 14, Series of 2011 Dick Cleveland, Mayor PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 15, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 20th day of July, 2011. Witness my hand and seal this�0- day o , 2011. TamNage Town uty Clerk (se OFYq� O. ORDINANCE NO. 15 SERIES OF 2011 AN ORDINANCE AMENDING TITLE 6, CHAPTER 5 "SPECIAL EVENT DESIGNATIONS", VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, in June of 2001 the Council approved Ordinance 12, Series 2001, which provides for both a curfew and a special event district to be created on July 4 and December 31 of each year for the purpose of "maintaining public peace and order during these two holiday celebrations"; WHEREAS, on June 21, 2011 the Council provided clear administrative direction to the Town Manager that the curfew and the special event district were not necessary for the Town's 2011 Fourth of July celebration and, therefore, were not to be established or enforced; WHEREAS, by this Ordinance, the Town Council desires to ratify the administrative direction given to the Town Manager as it pertains to the Town's July 4, 2011 celebration, and to provide certain clarifying amendments to the Town Code as they relate to special event designations; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Council hereby ratifies the unanimous administrative direction given to the Town Manager on June 21, 2011, to wit: that the Juvenile Curfew set forth in Section 6-5-2 Vail Town Code, and the Special Event Designation set forth in Section 6- 5-3 shall not be imposed on July 4, 2011. Section 2. Title 6, Chapter 5, Vail Town Code is hereby amended by the addition of a new Section 6-5-4, to read as follows: 6-5-4 Special Event Designation Discretionary Notwithstanding any other provision of this Code, the juvenile curfew and the special event district provided for in this Chapter 5 shall be imposed at the sole discretion of the Town Council. Ordinance No. IS, Series of 2011 Section 3. 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 4. The amendment of any provision of the 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. Section 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 ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of July, 2011, and a public hearing for second reading of this Ordinance set for the 19th day of July, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of July, 2011. Dick Cleveland, Town Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 15, Series of 2011 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 20th day of July, 2011. Witness my hand and seal this+4 day of Sud , 2011. 03�.00 : • jTamy �; i Clerk O ORDINANCE NO. 16 SERIES 2011 AN ORDINANCE AMENDING TITLE 4 CHAPTER 2 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 4-2-6 GOVERNING SPECIAL EVENTS PERMITS WHEREAS, the Colorado General Assembly has adopted Senate Bill 11-066, which takes effect August 10, 2011, and which allows local licensing authorities to assume sole authority to approve or deny applications for special event permits to serve alcohol; WHEREAS, the Town Council of the Town of Vail wishes to elect local control over special event permitting as allowed by Senate Bill 11-066; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by assuming said local control. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of a new Section 4-2-6, which shall read as follows: SEC. 3-4-6. SPECIAL EVENT PERMITS. A. Pursuant to C.R.S. § 12-48-107(5)(a), the local licensing authority ("Authority") elects not to notify the state licensing authority to obtain the state licensing authority's approval or disapproval of applications for special event permits. B. The Authority shall report to the Colorado Liquor Enforcement Division, within ten (10) days after the Authority issues a special event permit, the name of the organization to which the permit was issued, the address of the permitted location, and the permitted dates of alcohol beverage service. C. Upon receipt of an application for a special event permit, the Authority shall, as required by C.R.S. § 12-48-107(5)(c), access information made available on the state licensing authority's website to determine the statewide permitting activity of the organization applying for the permit. The Authority shall consider compliance with the provisions of C.R.S. § 12-48-105(3), which restricts the number of permits issued to an organization within a calendar year to fifteen (15), before approving any application. Ordinance No. 16, Series of 2011 M D. A special event permit may be issued only upon a satisfactory showing by an organization or a qualified political candidate that: 1. Other existing facilities are not available or are inadequate for the needs of the organization or political candidate; and 2. Existing licensed facilities are inadequate for the purposes of serving members or guests of the organization or political candidate and that additional facilities are necessary by reason of the nature of the special event being scheduled; or 3. The organization or political candidate is temporarily occupying premises other than the regular premises of such organization or candidate during special events such as civic celebrations or county fairs and that members of the general public will be served during such special events. E. Each application for a special event permit shall be accompanied by an application fee in an amount equal to the maximum local licensing fee established by C.R.S. § 12-48-107(2). 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 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 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. Section 4. The amendment of any provision of the 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. Section 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 ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of July, 2011, and a Ordinance No. 16, Series of 2011 2 public hearing for second reading if this Ordinance set for the 2nd day of August, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor Attest: Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of August, 2011. Attest: Town Clerk Ordinance No. 16, Series of 2011 3 Dick Cleveland, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2011, on the Town of Vail's web site, www.vailqov.com, on the 3rd day of August, 2011. Witness my hand and seal this S r -of day ofL,�, 2011. Tatn Nage To putt' Jerk zo E •. AL •'•••...•_c ORDINANCE NO. 16 SERIES 2011 AN ORDINANCE AMENDING TITLE 4 CHAPTER 2 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 4-2-6 GOVERNING SPECIAL EVENTS PERMITS WHEREAS, the Colorado General Assembly has adopted Senate Bill 11-066, which takes effect August 10, 2011, and which allows local licensing authorities to assume sole authority to approve or deny applications for special event permits to serve alcohol; WHEREAS, the Town Council of the Town of Vail wishes to elect local control over special event permitting as allowed by Senate Bill 11-066; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by assuming said local control. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of a new Section 4-2-6, which shall read as follows: SEC. 3-4-6. SPECIAL EVENT PERMITS. A. Pursuant to C.R.S. § 12-48-107(5)(a), the local licensing authority ("Authority") elects not to notify the state licensing authority to obtain the state licensing authority's approval or disapproval of applications for special event permits. B. The Authority shall report to the Colorado Liquor Enforcement Division, within ten (10) days after the Authority issues a special event permit, the name of the organization to which the permit was issued, the address of the permitted location, and the permitted dates of alcohol beverage service. C. Upon receipt of an application for a special event permit, the Authority shall, as required by C.R.S. § 12-48-107(5)(c), access information made available on the state licensing authority's website to determine the statewide permitting activity of the organization applying for the permit. The Authority shall consider compliance with the provisions of C.R.S. § 12-48-105(3), which restricts the number of permits issued to an organization within a calendar year to fifteen (15), before approving any application. Ordinance No. 16, Series of 2011 D. A special event permit may be issued only upon a satisfactory showing by an organization or a qualified political candidate that: 1. Other existing facilities are not available or are inadequate for the needs of the organization or political candidate; and 2. Existing licensed facilities are inadequate for the purposes of serving members or guests of the organization or political candidate and that additional facilities are necessary by reason of the nature of the special event being scheduled; or 3. The organization or political candidate is temporarily occupying premises other than the regular premises of such organization or candidate during special events such as civic celebrations or county fairs and that members of the general public will be served during such special events. E. Each application for a special event permit shall be accompanied by an application fee in an amount equal to the maximum local licensing fee established by C.R.S. § 12-48-107(2). 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 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 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. Section 4. The amendment of any provision of the 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. Section 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 ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of July, 2011, and a Ordinance No. 16, Series of 2011 2 public hearing for second reading if this Ordinance set for the 2nd day of August, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Mayor Attest: Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of August, 2011. Dick Cleveland, Mayor Attest: Town Clerk Ordinance No. 16, Series of 2011 3 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17, Series of 2011, on the Town of Vail's web site, www.vailqov.com, on the 3rd day of August, 2011. Witness my hand and seal this _ - day of %, 2011. m wn of V ' Depu erk O�•N•�F.Vq� eal) � . •.l ;SEAL; OIORP ORDINANCE NO. 17 SERIES OF 2011 AN EMERGENCY ORDINANCE TO APPROVE THE GENERAL PLANNING DOCUMENT FOR THE 2011 USA PRO CYCLING CHALLENGE, TO ALLOW FOR TEMPORARY SUSPENSION OF CERTAIN FIRE LANES, NO PARKING AREAS, PEDESTRIAN ZONES AND OUTDOOR DISPLAY AND SIGN REGULATIONS TO FACILITATE THE 2011 USA PRO CYCLING CHALLENGE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the inaugural USA Pro Cycling Challenge will take place August 22-28, 2011 throughout Colorado; and WHEREAS, the USA Pro Cycling Challenge will hold a time trial in Vail on August 25, 2011, with the racecourse running from Village Center Chute through Vail Village, along the Frontage Road to Bighorn Road to the cul-de-sac on the Vail Pass recreation path; and WHEREAS, the Town of Vail supports temporary suspension of the Town's regulations to facilitate the USA Pro Cycling Challenge, as it provides a major benefit to the community; and WHEREAS, Section 4.11 of the Charter provides that an ordinance may be passed as an emergency measure for the preservation of the public property, health, welfare, peace or safety, upon unanimous vote of all members of the Council present or a vote of five members of the Council, whichever is less, and WHEREAS, the Vail Town Council finds that this ordinance is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Vail Town Council finds that this ordinance further the general and specific purposes of Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code; WHEREAS, the Vail Town Council finds that this ordinance promotes the health, safety, morals, and general welfare of the Town and promotse the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, the Town Council finds that the passage of this ordinance preserves the public property, health, welfare, peace or safety of the Town of Vail, and WHEREAS, in order to properly administer the 2011 USA Pro Cycling Challenge in the Town of Vail, the Town Council finds that it should take this action and adopt the proposed suspensions and procedures as set forth herein. Ordinance No. 17, Series of 2011, second reading 1 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Vail Town Council endorses the 2011 USA Pro Cycling Challenge planning document (see Exhibit A). Section 2. It is understood that in order to facilitate the 2011 USA Pro Cycling Challenge in Vail, certain temporary improvements and structures may be constructed, as sanctioned by the Vail Valley Foundation, on August 24 and August 25, 2011 only, and these improvements may include, but may not be limited to, the following: A. Flags and banners B. Temporary structures C. Entertainment and hospitality D. Race start E. Race exposition F. Media centers, including television and radio transmission equipment G. Temporary signage associated with the race and race sponsors only These improvements shall be reviewed administratively by the Department of Community Development in conjunction with the Special Events Permit. Section 3. The Fire Marshal of the Town of Vail may temporarily suspend fire lanes as part of the USA Pro Cycling Challenge from August 24, 2011 through August 25, 2011, as further detailed in Exhibit B. Section 4. The Vail Village pedestrian zones on Meadow Drive from Village Center Road to Willow Bridge Road, Willow Bridge Road from Meadow Drive to Gore Creek Drive, and Gore Creek Drive from Willow Bridge Road to Vail Valley Road shall be temporarily suspended from August 24, 2011 through August 25, 2011, as further detailed in Exhibit C. Section 5. Parking will be permitted on the North and South Frontage Roads, west of Elkhorn Drive only, on August 25, 2011, as further detailed in Exhibit D. Section 6. Outdoor display of goods shall not be permitted within the Town of Vail right-of-way and other Town of Vail property. Section 7. No additional signage is permitted for any business within the Town of Vail, except signage permitted and approved by Title 11, Sign Regulations, Vail Town Code. Section 8. Loading and delivery in Vail Village is not permitted on Village Center Road, Meadow Drive from Vail Valley Drive to Willow Bridge Road, Willow Bridge Road from Meadow Drive to Gore Creek Drive, and Gore Creek Drive from Willow Bridge Road to Vail Valley Drive on August 24, 2011 through August 25, 2011, as further detailed in Exhibit E. Section 9. 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. Ordinance No. 17, Series of 2011, second reading Section 10. 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. Section 11. The amendment of any provision of the 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. Section 12. 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 2nd day of August, 2011. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 17, Series of 2011, second reading PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of August, 2011. Witness my hand and seal this 3day of , 2011. mmy Na I Town o ail Deputy Cler ORDINANCE NO. 18 SERIES OF 2011 AN ORDINANCE FOR ZONE DISTRICT BOUNDARY AMENDMENTS, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, FOR A REZONING FROM TWO-FAMILY PRIMARY/SECONDARY DISTRICT TO OUTDOOR RECREATION DISTRICT, LOCATED AT 2846 BASINGDALE BOULEVARD/LOT 1, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION (RUDER CEMETERY); A REZONING FROM MEDIUM DENSITY MULTIPLE FAMILY DISTRICT TO OUTDOOR RECREATION DISTRICT, LOCATED AT 715 NORTH FRONTAGE ROAD (RED SANDSTONE PARK)/PART OF LOT 9, BLOCK 2, VAIL POTATO PATCH; A REZONING FROM RESIDENTIAL CLUSTER DISTRICT TO NATURAL AREA PRESERVATION DISTRICT, LOCATED AT 1448 BUFFEHR CREEK ROAD/PARCEL G, RESIDENCES AT BRIAR PATCH SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, zone district boundaries may be amended pursuant to the provisions of Section 12-3-7, Amendment, Vail Town Code; and WHEREAS, in the late 1800's Jacob and Mary Ruder homesteaded along Gore Creek and a family burial site was established on the Ruder's Ranch in the location today known as 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery); and WHEREAS, on June 26, 1991, a warranty deed was signed by Timothy Garton (recorded on July 6, 1992) that transferred the ownership of 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery) to the Town of Vail; and WHEREAS, in the spring of 2011, Bob Ruder, local resident and descendent of Jacob and Mary Ruder, expressed his family's desire that the Town of Vail maintain the existing cemetery in a naturalistic condition into the future; and WHEREAS, on June 27, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a proposed rezoning from Two -Family Primary/Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder cemetery), and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 6-0-0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery) is not an appropriate location for future residential development, but the subject property is the appropriate location for open space uses such as a cemetery; and Ordinance No. 18, Series of 2011 WHEREAS, for years the Town of Vail maintained a public parking lot on private property with the property owner's consent at 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park); and WHEREAS, on July 30, 2010, the Vail Town Council approved Resolution No. 20, Series of 2010, authorizing the Town of Vail to purchase the property know as 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch for the purpose of owning and maintaining the existing public parking lot for Red Sandstone Park; and WHEREAS, on July 11, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a rezoning from Medium Density Multiple Family District to Outdoor Recreation District, located at 715 North Frontage Road (parking lot of Red Sandstone Park)/Part of Lot 9, Block 2, Vail Potato Patch, and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 5-0-0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park) is not an appropriate location for future residential development, but instead the subject property is the appropriate location for open space and recreational uses such as a public park; and WHEREAS, on July 25, 2011, the Town of Vail Planning and Environmental Commission held a public hearing and approved a major subdivision application amending the Residences at Briar Patch plat. In part, the approved plat established Parcel G, Residences at Briar Patch. Parcel G is the steep hillside portion of common area Parcel F, Residences at Briar Patch, which is located directly above Lions Ridge Loop and the Timber Ridge employee housing development site; and WHEREAS, Parcel G, Residences at Briar Patch, is a geologically sensitive area with excessive slopes (>30%) and rockfall hazards; and WHEREAS, on July 25, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a rezoning from Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr Creek Road/Parcel G, Residences at Briar Patch Subdivision, and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 5-1-0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 1448 Buffehr Creek Road/Parcel G, Residences at Briar Patch is not an appropriate location for future residential development, but instead the subject property is the appropriate location for open space and rockfall hazard mitigation; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council finds that the amendments are consistent with the adopted goals, Ordinance No. 18, Series of 2011 objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council finds that the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. This ordinance adopts the following zone district boundary amendments: 1. A rezoning from Two -Family Primary/Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder cemetery). This zone district boundary amendment shall be effective upon the adoption of this ordinance. 2. A rezoning from Medium Density Multiple Family District to Outdoor Recreation District, located at 715 North Frontage Road (parking lot of Red Sandstone Park)/Part of Lot 9, Block 2, Vail Potato Patch. This zone district boundary amendment shall be effective upon the adoption of this ordinance. 3. A rezoning from Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr Creek Road/Parcel G, Residences at Briar Patch Subdivision, and setting forth details in regard thereto. This zone district boundary amendment shall be effective upon the adoption of this ordinance and the recording of the associated Fifth Amendment to the Residences at Briar Patch final plat. 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 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 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. Ordinance No. 18, Series of 2011 Section 4. The amendment of any provision of the 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. Section 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 ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of August, 2011 and a public hearing for second reading of this Ordinance set for the 16th day of August, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor of the Town of Vail, Colorado ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 18, Series of 2011 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 17th day of August, 2011. Witness my hand and seal this f ��` day of A , 2011. 0 mmy Na e (seal) ORDINANCE NO. 18 SERIES OF 2011 AN ORDINANCE FOR ZONE DISTRICT BOUNDARY AMENDMENTS, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, FOR A REZONING FROM TWO-FAMILY PRIMARY/SECONDARY DISTRICT TO OUTDOOR RECREATION DISTRICT, LOCATED AT 2846 BASINGDALE BOULEVARD/LOT 1, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION (RUDER CEMETERY); A REZONING FROM MEDIUM DENSITY MULTIPLE FAMILY DISTRICT TO OUTDOOR RECREATION DISTRICT, LOCATED AT 715 NORTH FRONTAGE ROAD (RED SANDSTONE PARK)/PART OF LOT 9, BLOCK 2, VAIL POTATO PATCH; A REZONING FROM RESIDENTIAL CLUSTER DISTRICT TO NATURAL AREA PRESERVATION DISTRICT, LOCATED AT 1448 BUFFEHR CREEK ROAD/PARCEL G, RESIDENCES AT BRIAR PATCH SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, zone district boundaries may be amended pursuant to the provisions of Section 12-3-7, Amendment, Vail Town Code; and WHEREAS, in the late 1800's Jacob and Mary Ruder homesteaded along Gore Creek and a family burial site was established on the Ruder's Ranch in the location today known as 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery); and WHEREAS, on June 26, 1991, a warranty deed was signed by Timothy Garton (recorded on July 6, 1992) that transferred the ownership of 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery) to the Town of Vail; and WHEREAS, in the spring of 2011, Bob Ruder, local resident and descendent of Jacob and Mary Ruder, expressed his family's desire that the Town of Vail maintain the existing cemetery in a naturalistic condition into the future; and WHEREAS, on June 27, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a proposed rezoning from Two -Family Primary/Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder cemetery), and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 6-0-0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery) is not an appropriate location for future residential development, but the subject property is the appropriate location for open space uses such as a cemetery; and Ordinance No. 18, Series of 2011 WHEREAS, for years the Town of Vail maintained a public parking lot on private property with the property owner's consent at 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park); and WHEREAS, on July 30, 2010, the Vail Town Council approved Resolution No. 20, Series of 2010, authorizing the Town of Vail to purchase the property know as 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch for the purpose of owning and maintaining the existing public parking lot for Red Sandstone Park; and WHEREAS, on July 11, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a rezoning from Medium Density Multiple Family District to Outdoor Recreation District, located at 715 North Frontage Road (parking lot of Red Sandstone Park)/Part of Lot 9, Block 2, Vail Potato Patch, and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 5-0-0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park) is not an appropriate location for future residential development, but instead the subject property is the appropriate location for open space and recreational uses such as a public park; and WHEREAS, on July 25, 2011, the Town of Vail Planning and Environmental Commission held a public hearing and approved a major subdivision application amending the Residences at Briar Patch plat. In part, the approved plat established Parcel G, Residences at Briar Patch. Parcel G is the steep hillside portion of common area Parcel F, Residences at Briar Patch, which is located directly above Lions Ridge Loop and the Timber Ridge employee housing development site; and WHEREAS, Parcel G, Residences at Briar Patch, is a geologically sensitive area with excessive slopes (>30%) and rockfall hazards; and WHEREAS, on July 25, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a rezoning from Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr Creek Road/Parcel G, Residences at Briar Patch Subdivision, and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 5-1-0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 1448 Buffehr Creek Road/Parcel G, Residences at Briar Patch is not an appropriate location for future residential development, but instead the subject property is the appropriate location for open space and rockfall hazard mitigation; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council finds that the amendments are consistent with the adopted goals, Ordinance No. 18. Series of 2011 objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council finds that the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. This ordinance adopts the following zone district boundary amendments: 1. A rezoning from Two -Family Primary/Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder cemetery). This zone district boundary amendment shall be effective upon the adoption of this ordinance. 2. A rezoning from Medium Density Multiple Family District to Outdoor Recreation District, located at 715 North Frontage Road (parking lot of Red Sandstone Park)/Part of Lot 9, Block 2, Vail Potato Patch. This zone district boundary amendment shall be effective upon the adoption of this ordinance. 3. A rezoning from Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr Creek Road/Parcel G, Residences at Briar Patch Subdivision, and setting forth details in regard thereto. This zone district boundary amendment shall be effective upon the adoption of this ordinance and the recording of the associated Fifth Amendment to the Residences at Briar Patch final plat. 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 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 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. Ordinance No. 18, Series of 2011 Section 4. The amendment of any provision of the 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. Section 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 ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of August, 2011 and a public hearing for second reading of this Ordinance set for the 16th day of August, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Richard D. Cleveland, Mayor INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 16th day of August, 2011. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 18, Series of 2011 Richard D. Cleveland, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19, Series of 2011, on the Town of Vail's web site, www.vail.gov.com, on the 5th day of October, 2011. Witness my hand and seal this S day of ^ , 2011. Tammy Nage Town of Vail I (seal) ORDINANCE NO. 19 Series of 2011 AN ORDINANCE REPEALING AND REENACTING SPECIAL DEVELOPMENT DISTRICT NO. 29, THE VALLEY PHASE II, PURSUANT TO SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE EXCHANGE OF THE ON-SITE EMPLOYEE HOUSING UNIT (EHU) REQUIREMENT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 12-13-5, EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM, VAIL TOWN CODE; LOCATED AT 1460 BUFFEHR CREEK ROAD, UNIT G/ LOT G, CROSSVIEW AT VAIL, PHASE 3, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, amendments to a Special Development District are permitted pursuant to parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on September 26, 2011 to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a recommendation of approval with conditions to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum; and WHEREAS, Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, was established in order to provide an option for employee housing deed restrictions to be removed in exchange for a new deed restriction and/or payment to the Town of Vail; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 29, complies with the review criteria outlined in Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Development District No. 29, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed amendments to Special Development District No. 29, which removes the on-site employee housing requirement, thus allowing the applicant to exchange the deed restriction in accordance with Section 12-13-5, Employee Housing Unit Ordinance No. 19, Series 2011 Deed Restriction Exchange Program, Vail Town Code; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Special Development District No. 29, as established by Ordinance No. 17, Series of 1993, and amended by Ordinance No. 6, Series of 1997, is hereby repealed and reenacted as follows: [Note: All additions are illustrated with bold and deletions are illustrated with striket#reugh.4 Section 1. Amendment Procedures Fulfilled, Planning Commission Report The Town Council finds that all procedures set forth in Chapter 48.40 Article 12-9A(Special Development Districts) of the Vail Municipal Code have been fulfilled, and the Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 29. Section 2. Purposes Special Development District No. 29 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of the standards of the Residential Cluster zone district. Section 3. Special Development District No. 29 Established Special Development District No. 29 (SDD No. 29) is established for the development on two parcels of land. Tract A (upper development area) consists of .880 acres and Tract B-2 (lower development area) consists of 2.418 acres. Section 4. Development Plan A. The development plan for SDD No. 29 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Parkwood Realty and consists of the following documents: Final plat of The Valley, Phase II, a resubdivision of Tracts A and B, a part of parcel A, Lion's Ridge Subdivision Filing No. 2, completed by Intermountain Engineering, Limited dated July 8, 1993. Ordinance No. 19, Series 2011 2 2. Structural engineering drawings by Ray T. Davis dated July 7, 1993. 3. Soils report for Tracts A-1 and A-2 by Koechlein Consulting Engineers dated June 21, 1993. 4. Site plan of the lower development area (Tract B-2) by Randy Hodges dated April 24, 1993, (Sheet number 1.) 5. Site plan for the upper development area (Tract A) by Randy Hodges dated November 6, 1991, (Sheet number 4.) 6. Detailed analysis of the retaining walls, driveway, prototypical building sections and regrading for the upper development area (Tract A) by Randy Hodges dated July 12, 1992, (Two sheets, unnumbered.) 7. Hazard analysis letters by Nicholas Lampiris, PhD, dated September 18, 1992 (two letters) and January 22, 1993. 8. A landscape plan by Randy Hodges dated April 23, 1993, (Sheet number 2.) 9. A drainage plan by Range West, Inc. dated January 28, 1993. 10. Elevations of the seven single family homes to be constructed in the lower development area (Tract 8-2), (Sheet numbers 7, 9, 11, 13, 15, 17.) These sheets correspond to homes A,B,C,D,E, and F. 11. Floor plans and elevations of residence G, by Randy Hodges dated September 1, 1993 sheet numbers 1, G2, G2a, and G3. This home is to be constructed in the lower development area (Tract B-2), and shall include a Type III employee housing unit, having 534- 433 square feet. Prior to issuance of a building permit for Residence G, the applicant shall sign a deed restriction on a form provided by the Community Development Department which shall conform to all requirements for a Type III employee housing unit, This employee housing unit may be relocated off-site in accordance with Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. 12. Other general submittal documents that define the development standards of the Special Development District. 13. Topographic survey, dated 1/27/97 identifying the proposed building envelope for Tract A. B. The development plan shall adhere to the following: Ordinance No. 19, Series 2011 3 I . Acreage: The site is made up of two parcels: Tract A and 8-2, The Valley, Phase II. Site A is made up of. 860 acres and site B-2 is made up of 2.418 acres. 2. Permitted Uses: a. Tract A 1. Single Family residential dwellings 2. Two Family residential dwellings 3. Primary/Secondary residential dwellings 4. Open Space 5. Public and private roads b. Tract B-2 1. Single Family residential dwellings 2. Open Space 3. Public and private roads 3. Conditional Uses: a. Public utility and public service uses b. Bed and Breakfasts as further regulated by Section 12-14-18 18-58 31 c. Type II EHU, located on Tract A 4. Accessory Uses: a. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family residential uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12- 14-12; c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof; 5. Setbacks: The setbacks shall be those shown on the site plans for Tract A and Tract 8-2, or as provided for with the building envelopes. 6. Density: Approval of this development plan shall permit nine (9) Single Family dwelling units, two (2) units located on Tract A and seven (7) dwelling units located on Tract B-2. 7. Building Height: Building height shall be 33 feet for a sloping roof. Ordinance No. 19, series 2011 4 8. Parking: Parking shall comply with the requirements of Section 18.52 (Off - Street Parking and Loading). Each unit shall have a minimum of two enclosed parking spaces. 9. GRFA: GRFA for Tracts A and B-2 shall conform to paragraph 11(E) of this ordinance. 10. Landscaping: The area of the site to be landscaped shall be as indicated on the landscape plan. A detailed landscape plan shall be submitted to the Design Review Board for their approval. The Design Review Board approved final landscape plan shall provide at least the minimum number of trees and shrubs shown on the plan prepared by Randy Hodges dated April 23, 1993 reviewed by the Planning and Environmental Commission on July 12, 1993. 11. Design Requirements: At time of DRS submittal, the applicant shall submit drawings that meet the following requirements: a. The buildings on Tract A shall be "benched -in" into the hillside and stepped with the natural contours of the site. Site excavation should be no more than necessary to accommodate the proposed development. Extensive site grading to create a flat building site shall not be permitted. In order to ensure compliance with the above, finished grades on the north, east and west elevations of buildings shall not deviate more than 4 feet from existing grade at any point. b. The Buildings on Tract A shall be designed with the internal hazard mitigation recommended by Mr. Nick Lampiris in his hazard analysis dated September 18, 1992 (two letters) and January 22, 1993. c. The Buildings on Tract A shall be designed with a turn -around using the apron in front of the garage. The garage and apron may be located at any point along the southern edge of the envelope. The Fire Department shall require that 35 feet be provided between the front of the garage door and the far edge of pavement of the driveway. There shall be a minimum height of 12.5 feet of clearance in the turnaround area to allow for fire truck maneuvering. d. The sod areas shall align with the existing sod areas of Grouse Glen located to the west of Tract B-2 and the sod type shall match Grouse Glen. e. The GRFA of the proposal shall comply with the following chart: The GRFA Ordinance No. 19, Series 2011 5 allocated for each residence in the lower development area (TractB-2) and in the upper development area (Tract A) may be modified up to 50 square feet per unit as long as the total GRFA for each tract does not exceed the maximum of 15,111 square feet for the lower development area (Tract B-2) and 5993 (6,4 52 159) for the upper development area (Tract A). Lower development area (Tract B-2): Base FIGGIC* 6redet GRFA A 444-6 225 29412082 463 B U41-6 225 2844 2115 443 C 44845 225 2979 2051 493 D 249 225 2373 2100 436 E 4675 225 4Q99 1937 492 F 2457 225 2382 2409 483 G 1867-489—* 459 264-6 2417* 459 Total 43623 15,111 Upper development area (Tract A): Tract A-1 3784 Tract A-2 2813 Tract A TOTAL 5993 469 6443 6597 499 *Includes EHU square footage that may be absorbed into Residence G. Golumn ar, long as the GRFA doer, Fiet emn-eed- the total shown for A;arh trant r:r_srrrcrrt:� .. H: r-7—Mr-M _57Yff? --. — - _.. 0 f. Prior to excavation of either building site on Tract A, the applicant shall either document that all excavation will occur on-site or shall provide letters from adjacent property owners allowing the excavation to encroach. g. Prior to June 1, 1997, the existing viewing deck on Tract A must be removed. h. The existing driveway cut for Tract A shall be shown on the final plat as the only permitted access to the site. 12. Recreation Amenities Tax: The recreation amenities tax is $.30 per square foot. Ordinance No. 19, Series 2011 6 Y 13. Drainage Plan: Prior to issuance of any building permits within this SDD, the applicant shall provide a drainage plan which meets the standards of the Town Engineer. 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 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 6. The amendment of any provision of the 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. Section 7. 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 4th day of October, 2011 and a public hearing for second reading of the Ordinance set for the 18th day of October, 2011 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Attest: Lorelei Donaldson, Town Clerk Ordinance No. 19, Series 2011 7 Richard D. Cleveland, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 19th day of October, 2011. Witness my hand and seal this )— day of C^\JI�P�� , 2011. y el �N•OF Town Deputy (sea SEAL �MORPV ORDINANCE NO. 19 Series of 2011 AN ORDINANCE REPEALING AND REENACTING SPECIAL DEVELOPMENT DISTRICT NO. 29, THE VALLEY PHASE II, PURSUANT TO SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE EXCHANGE OF THE ON-SITE EMPLOYEE HOUSING UNIT (EHU) REQUIREMENT IN ACCORDANCE WITH THE PROVISIONS OF SECTION 12-13-6, EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM, VAIL TOWN CODE; LOCATED AT 1460 BUFFEHR CREEK ROAD, UNIT G/ LOT G, CROSSVIEW AT VAIL, PHASE 3, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, amendments to a Special Development District are permitted pursuant to parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on September 26, 2011 to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a recommendation of approval with conditions to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum; and WHEREAS, Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, was established in order to provide an option for employee housing deed restrictions to be removed in exchange for a new deed restriction and/or payment to the Town of Vail; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 29, complies with the review criteria outlined in Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Development District No. 29, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed amendments to Special Development District No. 29, which removes the on-site employee housing requirement, thus allowing the applicant to Ordinance No. 19, Series 2011, second reading I exchange the deed restriction in accordance with Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Special Development District No. 29, as established by Ordinance No. 17, Series of 1993, and amended by Ordinance No. 6, Series of 1997, is hereby repealed and reenacted as follows: Section 1. Amendment Procedures Fulfilled, Planning Commission Report The Town Council finds that all procedures set forth in Article 12-9A (Special Development Districts) of the Vail Municipal Code have been fulfilled, and the Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 29. Section 2. Purposes Special Development District No. 29 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of the standards of the Residential Cluster zone district. Section 3. Special Development District No. 29 Established Special Development District No. 29 (SDD No. 29) is established for the development on two parcels of land. Tract A (upper development area) consists of .880 acres and Tract B-2 (lower development area) consists of 2.418 acres. Section 4. Development Plan A. The development plan for SDD No. 29 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Parkwood Realty and consists of the following documents: 1. Final plat of The Valley, Phase ll, a resubdivision of Tracts A and B, a part of parcel A, Lion's Ridge Subdivision Filing No. 2, completed by Intermountain Engineering, Limited dated July 8, 1993. Ordinance No. 19, Series 2011, second reading 2 2. Structural engineering drawings by Ray T. Davis dated July 7, 1993. 3. Soils report for Tracts A-1 and A-2 by Koechlein Consulting Engineers dated June 21, 1993. 4. Site plan of the lower development area (Tract B-2) by Randy Hodges dated April 24, 1993, (Sheet number 1.) 5. Site plan for the upper development area (Tract A) by Randy Hodges dated November 6, 1991, (Sheet number 4.) 6. Detailed analysis of the retaining walls, driveway, prototypical building sections and regrading for the upper development area (Tract A) by Randy Hodges dated July 12, 1992, (Two sheets, unnumbered.) 7. Hazard analysis letters by Nicholas Lampiris, PhD, dated September 18, 1992 (two letters) and January 22, 1993. 8. A landscape plan by Randy Hodges dated April 23, 1993, (Sheet number 2.) 9. A drainage plan by Range West, Inc. dated January 28, 1993. 10. Elevations of the seven single family homes to be constructed in the lower development area (Tract 8-2), (Sheet numbers 7, 9, 11, 13, 15, 17.) These sheets correspond to homes A,B,C,D,E, and F. 11. Floor plans and elevations of residence G, by Randy Hodges dated September 1, 1993 sheet numbers 1, G2, G2a, and G3. This home is to be constructed in the lower development area (Tract B-2), and shall include a Type III employee housing unit, having 433 square feet. Prior to issuance of a building permit for Residence G, the applicant shall sign a deed restriction on a form provided by the Community Development Department which shall conform to all requirements for a Type III employee housing unit. This employee housing unit may be relocated off-site in accordance with Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. 12. Other general submittal documents that define the development standards of the Special Development District. 13. Topographic survey, dated 1/27/97 identifying the proposed building envelope for Tract A. B. The development plan shall adhere to the following: 1. Acreage: The site is made up of two parcels: Tract A and 8-2, The Valley, Ordinance No. 19, Series 2011, second reading 3 Phase II. Site A is made up of . 860 acres and site B-2 is made up of 2.418 acres. 2. Permitted Uses: a. Tract A 1. Single Family residential dwellings 2. Two Family residential dwellings 3. Primary/Secondary residential dwellings 4. Open Space 5. Public and private roads b. Tract B-2 1. Single Family residential dwellings 2. Open Space 3. Public and private roads 3. Conditional Uses: a. Public utility and public service uses b. Bed and Breakfasts as further regulated by Section 12-14-18 c. Type II EHU, located on Tract A 4. Accessory Uses: a. Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family residential uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12; c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof; 5. Setbacks: The setbacks shall be those shown on the site plans for Tract A and Tract 8-2, or as provided for with the building envelopes. 6. Density: Approval of this development plan shall permit nine (9) Single Family dwelling units, two (2) units located on Tract A and seven (7) dwelling units located on Tract B-2. 7. Building Height: Building height shall be 33 feet for a sloping roof. 8. Parking: Parking shall comply with the requirements of Section 18.52 (Off - Street Parking and Loading). Each unit shall have a minimum of two enclosed Ordinance No. 19, Series 2011, second reading 4 parking spaces. 9. GRFA: GRFA for Tracts A and B-2 shall conform to paragraph 11(E) of this ordinance. 10. Landscaping: The area of the site to be landscaped shall be as indicated on the landscape plan. A detailed landscape plan shall be submitted to the Design Review Board for their approval. The Design Review Board approved final landscape plan shall provide at least the minimum number of trees and shrubs shown on the plan prepared by Randy Hodges dated April 23, 1993 reviewed by the Planning and Environmental Commission on July 12, 1993. 11. Design Requirements: At time of DRS submittal, the applicant shall submit drawings that meet the following requirements: a. The buildings on Tract A shall be "benched -in" into the hillside and stepped with the natural contours of the site. Site excavation should be no more than necessary to accommodate the proposed development. Extensive site grading to create a flat building site shall not be permitted. In order to ensure compliance with the above, finished grades on the north, east and west elevations of buildings shall not deviate more than 4 feet from existing grade at any point. b. The Buildings on Tract A shall be designed with the internal hazard mitigation recommended by Mr. Nick Lampiris in his hazard analysis dated September 18, 1992 (two letters) and January 22, 1993. c. The Buildings on Tract A shall be designed with a turn -around using the apron in front of the garage. The garage and apron may be located at any point along the southern edge of the envelope. The Fire Department shall require that 35 feet be provided between the front of the garage door and the far edge of pavement of the driveway. There shall be a minimum height of 12.5 feet of clearance in the turnaround area to allow for fire truck maneuvering. d. The sod areas shall align with the existing sod areas of Grouse Glen located to the west of Tract B-2 and the sod type shall match Grouse Glen. e. The GRFA of the proposal shall comply with the following chart: The GRFA allocated for each residence in the lower development area (TractB-2) and in the upper development area (Tract A) may be modified up to 50 square feet Ordinance No. 19, Series 2011, second reading cJ per unit as long as the total GRFA for each tract does not exceed the maximum of 15,111 square feet for the lower development area (Tract B-2) and 6597 for the upper development area (Tract A). Lot GRFA Lower development area (Tract B-2): A 2082 B 2115 C 2051 D 2100 E 1937 F 2409 G 2417* TOTAL 15,111 Upper development area (Tract A): Tract A-1 3784 Tract A-2 2813 Tract A TOTAL 6597 *Includes EHU square footage that may be absorbed into Residence G. f. Prior to excavation of either building site on Tract A, the applicant shall either document that all excavation will occur on-site or shall provide letters from adjacent property owners allowing the excavation to encroach. g. Prior to June 1, 1997, the existing viewing deck on Tract A must be removed. h. The existing driveway cut for Tract A shall be shown on the final plat as the only permitted access to the site. 12. Recreation Amenities Tax: The recreation amenities tax is $.30 per square foot. 13. Drainage Plan: Prior to issuance of any building permits within this SDD, the applicant shall provide a drainage plan which meets the standards of the Town Engineer. 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 effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this Ordinance No. 19, Series 2011, second reading 6 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 6. The amendment of any provision of the 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. Section 7. 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 4th day of October, 2011 and a public hearing for second reading of the Ordinance set for the 18th day of October, 2011 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of October, 2011. Richard D. Cleveland, Mayor Attest: Ordinance No. 19, Series 2011, second reading 7 Lorelei Donaldson, Town Clerk Ordinance No. 19, Series 2011, second reading PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 19th day of October, 2011. Witness my hand and seal this 14-1- day of ACk—C)b—e4,--- 2011. SEAL :. 0 00 �LORP' ORDINANCE NO. 21 SERIES OF 2011 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2012 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2012, and ending on the 31" day of December, 2012: FUND AMOUNT General Fund 30,208,465 Capital Projects Fund 14,823,374 Real Estate Transfer Tax Fund 5,683,946 Vail Marketing Fund 317,100 Debt Service Fund 2,281,275 Heavy Equipment Fund 2,797,255 Health Insurance Fund 3,805,000 Dispatch Services Fund 2,445,205 Total 62,361,620 Less Interfund Transfers 8,576,542 Net Expenditure Budget 53,785,078 Ordinance No. 21, Series of 2011 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21, Series of 2011, on the Town of Vail's web site, www.vail.gov.com, on the 2nd day of November, 2011. Witness my hand and seal this day of ;.a��/ , 2011. TWVail ownty CIi�� ,�pWN'�, L eal) • L• O�ORAD4. ORDINANCE NO. 21 SERIES OF 2011 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2012 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2012, and ending on the 31s` day of December, 2012: FUND AMOUNT General Fund 30,208,465 Capital Projects Fund 15,075,374 Real Estate Transfer Tax Fund 5,683,946 Vail Marketing Fund 317,100 Debt Service Fund 2,281,275 Heavy Equipment Fund 2,797,255 Health Insurance Fund 3,855,000 Dispatch Services Fund 2,445,205 Total 62,663,620 Less Interfund Transfers (8,576,542) Net Expenditure Budqet 54.087.078 Ordinance No. 21, Series of 2011 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2012 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. 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 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. 5. 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. 6. 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. 7. 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, this 18th day of October, 2011. A public hearing shall be held hereon on the 1st day of November, 2011, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 21, Series of 2011 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 1st day of November 2011. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 21, Series of 2011 a 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2012 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. 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 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. 5. 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. 6. 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. 7. 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, this 18th day of October, 2011. A public hearing shall be held hereon on the 1 st day of November, 2011, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 21, Series of 2011 f c: PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 23, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 19th day of October, 2011. t Witness my hand and seal this �_ day of2011. amm I ,SOWN O,� ail Deputy �••t•1) .,�,_ .• sea • L ORDINANCE NO. 23 SERIES OF 2011 AN ORDINANCE EXTENDING AMENDMENTS TO CHAPTER 11-7, OTHER SIGNS, SIGN REGULATIONS, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR INFORMATIONAL AND DIRECTIONAL SIGNS FOR PUBLIC PARKING ON PRIVATE PROPERTY AND ALLOWING THE ADMINISTRATOR TO APPROVE SAID SIGNS SUBJECT TO REVIEW, TO NOVEMBER 19, 2012, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, on August 21, 1973, the Council adopted Ordinance No.9, Series of 1973, establishing sign regulations in the Town of Vail; WHEREAS, the general purpose of the established sign regulations is to promote the health, safety, morals, and general welfare of the Town of Vail and to promote the coordinated and harmonious design and placement of the signs in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, Ordinance No. 9, Series of 1973, established sign application procedures for all signs erected in the Town of Vail to be subject to design review by the Administrator and/or Design Review Board; WHEREAS, the Council has received input from private property owners expressing concern that the adopted Sign Regulations prevent certain types of informational and directional signs for public parking on private property from being erected within the Town; WHEREAS, conflicts currently exist between the Town's adopted master plan policies for public parking and the adopted regulations outlined within the Municipal Code of the Town of Vail; WHEREAS, in response to said input the Council instructed Town Staff to prepare an emergency ordinance proposing an amendment to certain provisions of the adopted Sign Regulations to allow the Administrator to approve an informational and directional sign for public parking on private property; Ordinance No. 23, Series 2011 - 1 - WHEREAS, on January 4, 2011, the Vail Town Council adopted Ordinance No. 2, Series of 2011, an ordinance amending Chapter 11-7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the administrator to approve said signs subject to review, and setting forth details in regard thereto, and declaring an emergency; WHEREAS, On May 17, 2011, the Vail Town Council extended the temporary approval of the subject sign regulations until November 21, 2011, through the adoption of Ordinance No. 12, Series of 2011; WHEREAS, the Town of Vail is currently engaged in a guest services enhancement program that includes options for signage and wayfinding enhancements; WHEREAS, opportunities exist to incorporate informational and directional signs for public parking on private property into the signage and wayfinding enhancements; WHEREAS, granting an extension to Ordinance No. 12, Series of 2011, sign regulations from November 21, 2011, to November 19, 2012, will allow for said opportunities to be fully explored and incorporated if appropriate; WHEREAS, it is not the intent of this ordinance to circumvent or otherwise alter the desired policy outcomes of the Town's adopted Sign Regulations whereby signs no longer achieve the general and specific purposes of the Regulations; WHEREAS, the Town Council finds that the passage of this ordinance preserves the public property, health, welfare, peace or safety of the Town of Vail, and WHEREAS, in order to properly administer the purpose and intent of Title 11, Sign Regulations of the Vail Town Code, the Town Council finds that it should take this action and adopt the amended regulations and procedures as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Title 11, Sign Regulations, Chapter 7, Other Signs, shall be amended as follows: Section 1. Chapter 11-7, Other Signs, Vail Town Code, shall be amended to add the following section (Additions to text shown in bold): 11-7-16: INFORMATIONAL AND DIRECTIONAL SIGN FOR PUBLIC PARKING ON PRIVATE PROPERTY. A. Description: An informational and directional sign shall be described as a portable sign with the intended use of directing the public to private Ordinance No. 23, Series 2011 -2- property locations where vehicle parking is available for daily and /or hourly use by the public and advertising the daily and /or hourly rate. B. Applicability. An informational and directional sign shall only be allowed for property having obtained approval from the Town for daily and/or hourly use of parking spaces by the public. C. Number and Location: Subject to review and approval of the Administrator. D. Size and Design: All informational and directional signs shall comply with the standards prescribed in Exhibit A, as applicable: Exhibit A: Informational and directional sign for public parking on private property C b- W E. Special Provisions: 1. An informational and directional sign shall only be displayed when the daily use of parking spaces are available to the public. 2. The daily and or hourly rate shall be displayed and remain current at all times. 3. The penalty for violating any provision of this regulation shall be the revocation of the approval and the immediate removal of the sign upon written notice from the Administrator. Any action of the Administrator may be appealed to the Design Review Board, pursuant to this Title. 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 affect the validity of the remaining portions of this ordinance; and the Town Council hereby Ordinance No. 23, Series 2011 -3- 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 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. Section 4. 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 18th day of October, 2011, and a public hearing for second reading of this Ordinance set for the 1St day of November, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson Town Clerk Ordinance No. 23, Series 2011 -4- S PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 23, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of November, 2011. Witness my hand and seal this CXA�day of ,:�:, 2011. J TaTM,yNI To eputy Clerk-�:s(seal) OF ORDINANCE NO. 23 SERIES OF 2011 AN ORDINANCE EXTENDING AMENDMENTS TO CHAPTER 11-7, OTHER SIGNS, SIGN REGULATIONS, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR INFORMATIONAL AND DIRECTIONAL SIGNS FOR PUBLIC PARKING ON PRIVATE PROPERTY AND ALLOWING THE ADMINISTRATOR TO APPROVE SAID SIGNS SUBJECT TO REVIEW, TO NOVEMBER 19, 2012, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, on August 21, 1973, the Council adopted Ordinance No.9, Series of 1973, establishing sign regulations in the Town of Vail; WHEREAS, the general purpose of the established sign regulations is to promote the health, safety, morals, and general welfare of the Town of Vail and to promote the coordinated and harmonious design and placement of the signs in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, Ordinance No. 9, Series of 1973, established sign application procedures for all signs erected in the Town of Vail to be subject to design review by the Administrator and/or Design Review Board; WHEREAS, the Council has received input from private property owners expressing concern that the adopted Sign Regulations prevent certain types of informational and directional signs for public parking on private property from being erected within the Town; WHEREAS, conflicts currently exist between the Town's adopted master plan policies for public parking and the adopted regulations outlined within the Municipal Code of the Town of Vail; WHEREAS, in response to said input the Council instructed Town Staff to prepare an emergency ordinance proposing an amendment to certain provisions of the adopted Sign Regulations to allow the Administrator to approve an informational and directional sign for public parking on private property; Ordinance No. 23, Series 2011 -1- WHEREAS, on January 4, 2011, the Vail Town Council adopted Ordinance No. 2, Series of 2011, an ordinance amending Chapter 11-7, Other Signs, Sign Regulations, Vail Town Code, to establish regulations for informational and directional signs for public parking on private property and allowing the administrator to approve said signs subject to review, and setting forth details in regard thereto, and declaring an emergency; WHEREAS, On May 17, 2011, the Vail Town Council extended the temporary approval of the subject sign regulations until November 21, 2011, through the adoption of Ordinance No. 12, Series of 2011; WHEREAS, the Town of Vail is currently engaged in a guest services enhancement program that includes options for signage and wayfinding enhancements; WHEREAS, opportunities exist to incorporate informational and directional signs for public parking on private property into the signage and wayfinding enhancements; WHEREAS, granting an extension to Ordinance No. 12, Series of 2011, sign regulations from November 21, 2011, to November 19, 2012, will allow for said opportunities to be fully explored and incorporated if appropriate; WHEREAS, it is not the intent of this ordinance to circumvent or otherwise alter the desired policy outcomes of the Town's adopted Sign Regulations whereby signs no longer achieve the general and specific purposes of the Regulations; WHEREAS, the Town Council finds that the passage of this ordinance preserves the public property, health, welfare, peace or safety of the Town of Vail, and WHEREAS, in order to properly administer the purpose and intent of Title 11, Sign Regulations of the Vail Town Code, the Town Council finds that it should take this action and adopt the amended regulations and procedures as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAI L, COLORADO THAT: Title 11, Sign Regulations, Chapter 7, Other Signs, shall be amended as follows: Section 1. Chapter 11-7, Other Signs, Vail Town Code, shall be amended to add the following section (Additions to text shown in bold): 11-7-16: INFORMATIONAL AND DIRECTIONAL SIGN FOR PUBLIC PARKING ON PRIVATE PROPERTY.- Ordinance ROPERTY: Ordinance No. 23, Series 2011 -2- A. Description: An informational and directional sign shall be described as a portable sign with the intended use of directing the public to private property locations where vehicle parking is available for daily and /or hourly use by the public and advertising the daily and /or hourly rate. B. Applicability. An informational and directional sign shall only be allowed for property having obtained approval from the Town for daily and/or hourly use of parking spaces by the public. C. Number and Location: Subject to review and approval of the Administrator. D. Size and Design: All informational and directional signs shall comply with the standards prescribed in Exhibit A, as applicable: Exhibit A: Informational and directional sign for public parking on private property E. Special Provisions: 1. An informational and directional sign shall only be displayed when the daily use of parking spaces are available to the public. 2. The daily and or hourly rate shall be displayed and remain current at all times. 3. The penalty for violating any provision of this regulation shall be the revocation of the approval and the immediate removal of the sign upon written notice from the Administrator. Any action of the Administrator may be appealed to the Design Review Board, pursuant to this Title. 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 affect the Ordinance No. 23, Series 2011 -3- 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 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. Section 4. 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 18th day of October, 2011, and a public hearing for second reading of this Ordinance set for the 1St day of November, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson Town Clerk Ordinance No. 23, Series 2011 -4- INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 1St day of November, 2011. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 23, Series 2011 -5- PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 24 Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 17th day of November, 2011. c Witness my hand and seal this / �ri day of %��1 px�n�,� , 2011. ammy Depu ORDINANCE NO. 24 SERIES OF 2011 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTIO] OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2011 TAX YEAR Ar PAYABLE IN THE 2012 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2011 year and payable in the 2012 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2012 fiscal year, the Town Council hereby levies a property tax of 4.74 mills upon each dollar of the total assessed valuation of $857,842,810 for the 2011 tax year of all taxable property within the Town, which will result in a gross tax levy of $4,065,849 calculated as follows: Base mill levy 4.690 $4,023,282 Abatement levy .050 42,567 Total mill levy 4.740 4 065 849 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 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 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. 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, Ordinance 24, Series of 2011 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. 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, this 15th day of November, 2011. A public hearing shall be held hereon at 6 P.M. on the 6th day of December, 2011, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance 24, Series of 2011 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 24 Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 6th day of December, 2011. Witness my hand and seal this l�rt day of� Ta my a Town o ai Deputy Clerk • �.�w�s�t • �07 � • I)oL' 2011. ORDINANCE NO. 24 SERIES OF 2011 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2011 TAX YEAR AND PAYABLE IN THE 2012 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2011 year and payable in the 2012 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2012 fiscal year, the Town Council hereby levies a property tax of 4.74 mills upon each dollar of the total assessed valuation of $856,052,080 for the 2011 tax year of all taxable property within the Town, which will result in a gross tax levy of $4,057,451 calculated as follows: Base mill levy 4.690 $4,014,884 Abatement levy .050 42,567 Total mill levy 4.740 4 057 451 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 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 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, Ordinance 24, Series of 2011 `r 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 ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of November, 2011. A public hearing shall be held hereon at 6 P.M. on the 6th day of December, 2011, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of December 2011. ATTEST: Lorelei Donaldson, Town Clerk Ordinance 24, Series of 2011 Andrew P. Daly, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 25 Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 6th day of December, 2011. Witness my hand and seal this day of 2011. a my el Town o ail Deputy erk CkVt4t ORDINANCE NO. 25 Series of 2011 AN ORDINANCE AMENDING CHAPTER 12-15, GROSS RESIDENTIAL FLOOR AREA, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, RELATED TO THE CALCULATION OF GROSS RESIDENTIAL FLOOR AREA (GRFA) WHEN THE BASEMENT LEVEL OF A STRUCTURE INCLUDES A GARAGE OR EMPLOYEE HOUSING UNIT (EHU) IN THE HILLSIDE RESIDENTIAL, SINGLE-FAMILY RESIDENTIAL, TWO-FAMILY RESIDENTIAL, AND TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL, RESIDENTIAL CLUSTER, LOW DENSITY MULTIPLE -FAMILY, MEDIUM DENSITY RESIDENTIAL, HIGH DENSITY MULTIPLE - FAMILY, AND HOUSING DISTRICTS AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and, WHEREAS, the members of the Vail Town Council of the Town (the "Council") have been duly elected and qualified; and, WHEREAS, the purpose of the proposed amendments is to create consistency and equity in the calculation of gross residential floor area between residential dwellings with, and residential dwellings without, garages or employee housing units on the lowest level of the structure; and, WHEREAS, the Planning and Environmental Commission (the "PEC") of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its October 24, 2011 public hearing, and has submitted its recommendation to the Vail Town Council; and, WHEREAS, the Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and, WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and, WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated Ordinance No. 25, Series 2011 and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-15-3-A-1, Definitions Enumerated, Vail Town Code, (in part) is hereby amended as follows (text to be deleted is in stFikethFG6igh, text that is to be added is bold, and sections of text that are not amended have been omitted): a. GRFA shall be calculated by measuring the total square footage of a building as set forth in the definition above. Excluded areas as set forth herein, shall then each be deducted from the total square footage. Section 2. Section 12-15-3-A-1, Definitions Enumerated, Vail Town Code, (in part) is hereby amended as follows (text to be deleted is in s#irikethreug#, text that is to be added is bold, and sections of text that are not amended have been omitted): (6) Basements: On the lowest level of a structure, the total percentage of all exterior wall surfaces of the structure as a whole (interior party walls are not considered exterior walls for the purposes of this section) that are unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest levelL& exterior walls. The deduction shall be applied to all horizontal areas on the lowest level of a structure, including garages and employee housing units also deducted from the calculation of GRFA elsewhere in this title; but the deduction does not apply to any crawlspace or attic. Section 3. Section Section 12-15-3-B-1, Definitions Enumerated, Vail Town Code, (in part) is hereby amended as follows (text to be deleted is in strikethrqugI4, text that is to be added is bold, and sections of text that are not amended have been omitted): a. GRFA shall be calculated by measuring the total square footage of a building as set forth in the definition above. Excluded areas as set forth herein, shall then Ordinance No. 25, Series 2011 2 each be deducted from the total square footage. Section 4. Section Section 12-15-3-B-1, Definitions Enumerated, Vail Town Code, (in part) is hereby amended as follows (text to be deleted is in c+rikethre „h text that is to be added is bold, and sections of text that are not amended have been omitted): (6) Basements: On the lowest level of a structure, the total percentage of all exterior wall surfaces of the structure as a whole (interior party walls are not considered exterior walls for the purposes of this section) that are unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level's exterior walls. The deduction shall be applied to all horizontal areas on the lowest level of a structure, including garages and employee housing units also deducted from the calculation of GRFA elsewhere in this title; but the deduction does not apply to any crawlspace or attic. 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 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 6. 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. Section 7. The amendment of any provision of the 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. Ordinance No. 25, Series 2011 3 . 4. Section 8. 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 6th day of December, 2011 and a public hearing for second reading of this Ordinance set for the 20th day of December, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST.- Lorelei TTEST: Lorelei Donaldson, Town Clerk Ordinance No. 25, Series 2011 4 Andrew P. Daly, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 25 Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 21 st day of December, 2011. Witness my hand and seal this �Iday of 12011. T mmy (seal) Town of V ' p COF ORDINANCE NO. 25 Series of 2011 AN ORDINANCE AMENDING CHAPTER 12-15, GROSS RESIDENTIAL FLOOR AREA, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, RELATED TO THE CALCULATION OF GROSS RESIDENTIAL FLOOR AREA (GRFA) WHEN THE BASEMENT LEVEL OF A STRUCTURE INCLUDES A GARAGE OR EMPLOYEE HOUSING UNIT (EHU) IN THE HILLSIDE RESIDENTIAL, SINGLE-FAMILY RESIDENTIAL, TWO-FAMILY RESIDENTIAL, AND TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL, RESIDENTIAL CLUSTER, LOW DENSITY MULTIPLE -FAMILY, MEDIUM DENSITY RESIDENTIAL, HIGH DENSITY MULTIPLE - FAMILY, AND HOUSING DISTRICTS AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and, WHEREAS, the members of the Vail Town Council of the Town (the "Council') have been duly elected and qualified; and, WHEREAS, the purpose of the proposed amendments is to create consistency and equity in the calculation of gross residential floor area between residential dwellings with, and residential dwellings without, garages or employee housing units on the lowest level of the structure; and, WHEREAS, the Planning and Environmental Commission (the "PEC') of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its October 24, 2011 public hearing, and has submitted its recommendation to the Vail Town Council; and, WHEREAS, the Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and, WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and, WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated Ordinance No. 25, Series 2011 Page 1 and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-15-3-A-1, Definitions Enumerated, Vail Town Code, (in part) is hereby amended as follows (text to be deleted is in s#ke#K4u9#, text that is to be added is bold, and sections of text that are not amended have been omitted): a. GRFA shall be calculated by measuring the total square footage of a building as set forth in the definition above. Excluded areas as set forth herein, shall then each be deducted from the total square footage. Section 2. Section 12-15-3-A-1, Definitions Enumerated, Vail Town Code, (in part) is hereby amended as follows (text to be deleted is in stFkethfGu9h, text that is to be added is bold, and sections of text that are not amended have been omitted): (6) Basements: On the lowest level of a structure, the total percentage of all exterior wall surfaces of the structure as a whole (interior party walls are not considered exterior walls for the purposes of this section) that are unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest leveler exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level's exterior walls. The deduction shall be applied to all horizontal areas on the lowest level of a structure, including garages and employee housing units also deducted from the calculation of GRFA elsewhere in this title; but the deduction does not apply to any crawlspace or attic. Section 3. Section Section 12-15-3-B-1, Definitions Enumerated, Vail Town Code, (in part) is hereby amended as follows (text to be deleted is in stf+kethFOU914, text that is to be added is bold, and sections of text that are not amended have been omitted): a. GRFA shall be calculated by measuring the total square footage of a building as set forth in the definition above. Excluded areas as set forth herein, shall then Ordinance No. 25, Series 2011 Page 2 each be deducted from the total square footage. Section 4. Section Section 12-15-3-B-1, Definitions Enumerated, Vail Town Code, (in part) is hereby amended as follows (text to be deleted is in stFike#hFeug#, text that is to be added is bold, and sections of text that are not amended have been omitted): (6) Basements: On the lowest level of a structure, the total percentage of all exterior wall surfaces of the structure as a whole (interior party walls are not considered exterior walls for the purposes of this section) that are unexposed and below existing or finished grade, whichever is more restrictive, shall be the percentage of the horizontal area of the lowest level deducted from the GRFA calculations. The percentage deduction calculations shall be rounded to nearest whole percent. The lowest level's exterior wall surface area shall be measured from the finished floor elevation of that level to the underside of the structural floor members of the floor/ceiling assembly above. For the purposes of these calculations, retaining walls and site walls shall not be considered part of the lowest level's exterior walls. The deduction shall be applied to all horizontal areas on the lowest level of a structure, including garages and employee housing units also deducted from the calculation of GRFA elsewhere in this title; but the deduction does not apply to any crawlspace or attic. 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 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 6. 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. Section 7. The amendment of any provision of the 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. Ordinance No. 25, Series 2011 Page 3 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 26 Series of 2011, on the Town of Vail's web site, www.vailqov.com, on the 6t" day of December, 2011. Witness my hand and seal this L Ta my Na el Tow o ail Deputy Clerk day of t,- ✓ , 2011. \N N,0 OLNADO, 4- aw ORDINANCE NO. 26 SERIES OF 2011 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HEAVY EQUIPMENT FUND, HEALTH INSURANCE FUND AND CONFERENCE CENTER FUND OF THE 2011 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 2011 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 2010, adopting the 2011 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 2011 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 200,262 Capital Projects Fund (228,146) Real Estate Transfer Tax Fund (197,862) Heavy Equipment Fund 130,000 Health Insurance Fund 350,000 Conference Center Fund 615,000 Total $ 869,254 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. 26, Series of 2011 41 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 6th day of December, 2011, and a public hearing shall be held on this Ordinance on the 20th day of December, 2011, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 26, Series of 2011 Andrew P. Daly, Mayor Section 8. 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 6th day of December, 2011 and a public hearing for second reading of this Ordinance set for the 20th day of December, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 20th day of December, 2011. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 25, Series 2011 Page 4 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 26 Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 21st day of December, 2011. Witness my hand and seal this day of 12011. ammy wn of z• •Cr ORDINANCE NO. 26 SERIES OF 2011 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HEAVY EQUIPMENT FUND, HEALTH INSURANCE FUND AND CONFERENCE CENTER FUND OF THE 2011 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 2011 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 2010, adopting the 2011 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 2011 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 220,262 Capital Projects Fund (228,146) Real Estate Transfer Tax Fund (197,862) Heavy Equipment Fund 130,000 Health Insurance Fund 350,000 Conference Center Fund 615.000 Total $ 889,254 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. 26, Series of 2011 r 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 6th day of December, 2011, and a public hearing shall be held on this Ordinance on the 20th day of December, 2011, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 20th day of December 2011. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 26, Series of 2011 Andrew P. Daly, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 27 Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 21st day of December, 2011. Witness my hand and seal this i-& day of c� , 2011. ammyiIDepuiyv—cr;�� (seal) ORDINANCE NO. 27 Series of 2011 AN ORDINANCE REPEALING AND RE-ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 22, GRAND TRAVERSE, PURSUANT TO SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW THE EMPLOYEE HOUSING REQUIREMENTS OF THE SPECIAL DEVELOPMENT DISTRICT TO BE MET OFF-SITE THROUGH THE PROVISIONS OF SECTION 12-13-5, EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Vail Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Planning and Environmental Commission (the "PEC") of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of these amendments at its December 12, 2011, public hearing, and has submitted its recommendation to the Vail Town Council; WHEREAS, Ordinance No. 23, Series of 1988, established Special Development District No. 22 (the "District"), for the following purpose (in part): "...there are significant aspects of Special Development 22 which are difficult to satisfy through the imposition of the standards of the Primary/Secondary zone district. SDD 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single family lots provide the opportunity for a common open space for the subdivision as well as to preserve the southerly ridge line of the property. SDD 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties and the community in general."; WHEREAS, Ordinance No. 13, Series of 1990, amended the District concerning lot size and corresponding gross residential floor area (GRFA), curb cuts, employee dwelling units, and architectural guidelines. Section 5 of that ordinance included the following condition of approval: "G. The development of Special Development District No 22 will have impacts on Ordinance No. 27, Series 2011 Page 1 the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development No. 22 shall provide employee housing on site. The following restrictions shall apply to all employee housing units within SDD No. 22: The developer shall build a minimum of six employee dwelling units within the subdivision... , WHEREAS, the provisions of the District were subsequently amended as follows: • Ordinance No. 9, Series of 1998, concerning lot sizes, number of lots and corresponding development standards, and architecture guidelines. • Ordinance No. 10, Series of 1991, concerning lot size and corresponding gross residential floor area (GRFA) and employee dwelling units and architectural guidelines. • Ordinance No. 32, Series of 1991, providing typographical and wording corrections. Ordinance No. 25, Series of 2005, concerning the elimination of gross residential floor area (GRFA) limitations within the district and the number of lots. January 21, 2008, administratively approved minor amendment modifying the allowable roofing types (i.e. prohibiting wood shakes); WHEREAS, at the time of this ordinance, the six (6) required on-site employee housing units of the District have been constructed at the following addresses: Lot 1, 1402 Moraine Drive; Lot 5, 1410 Moraine Drive; Lot 10, 1420 Moraine Drive; Lot 13, 1426 Moraine Drive; Lot 18, 1700 Lions Ridge Loop; and Lot 24, 1403 Moraine Drive; WHEREAS Ordinance No. 31, Series of 2008, established an employee housing deed -restriction exchange program for the following purpose: "The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows for the release of a deed restriction from an existing employee housing unit in exchange for the conveyance of a free market dwelling unit to the Town of Vail to be deed restricted."; WHEREAS Ordinance No. 10, Series of 2011, amended the employee housing deed -restriction exchange program for the following purpose: "The purpose of this Section is to provide occupied livable, affordable employee Ordinance No. 27, Series 2011 Page 2 housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/ or a fee -in -lieu payment made to the Town of Vail."; WHEREAS, the purpose of this ordinance is to amend the District to allow the employee housing requirements of the district to be met within the district, off-site, or a combination thereof; WHEREAS, the purpose of this ordinance is to amend the District to allow employee housing units to be exchanged in accordance with the procedures outlined in Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; WHERAS, the purpose of this ordinance is to "clean-up" the unclear, outdated, and inconsistent provisions of the District; WHEREAS, based upon the review of the evidence and testimony presented, the Vail Town Council finds that the proposed amend to the District, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code; WHEREAS, based upon the review of the evidence and testimony presented, the Vail Town Council finds that the applicant has demonstrated to the satisfaction of the Council that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and, WHEREAS, based upon the review of the evidence and testimony presented, the Vail Town Council finds that the request is consistent with the development goals and objectives of the Town of Vail Comprehensive Master Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Special Development District No. 22, Grand Traverse, is hereby repealed and re-established to read as follows: SECTION 1. AMENDMENT PROCEDURES FULFILLED, PLANNING AND ENVIRONMENTAL COMMISSION REPORT The approval procedure prescribed in Section 12-9A-10, Amendment Procedures, Vail Town Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 22. Ordinance No. 27, Series 2011 Page 3 SECTION 2. SPECIAL DEVELOPMENT DISTRICT NO. 22 Special Development District No. 22 (SDD 22) and the development plan therefore, are hereby approved for the development of Lots 1 through 19, Block 2, Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres. SECTION 3. PURPOSE Special Development District No. 22 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and meets each of the design standards and criteria as set forth in Section 12-9A-8 of the Vail Town Code. There are significant aspects of Special Development District No. 22 that are difficult to satisfy through the imposition of the standards of the underlying Two -Family Primary/Secondary Residential District. Special Development District No. 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single-family lots provide the opportunity for a common open space for the subdivision as well as the means to preserve the southerly ridge line of the property. Special Development District No. 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties in the community in general. SECTION 4. DEVELOPMENT PLAN A. The development plan for SDD 22 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Dauphinais-Moseley Construction and consists of the following documents: 1. Site development plan, Lionsridge Resubdivision of Lots 1-19, Vail, Colorado, Intermountain Engineering, dated July 7, 1998. 2. Conceptual landscape plan, Intermountain Engineering, dated July 7, 1998. 3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of Lots 1-19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail, County of Eagle, State of Colorado, sheets 1 and 2, Intermountain Engineering Limited, dated April 19, 1989, Amended Final Plat of Dauphinais-Moseley Subdivision Filing No. 1, A Resubdivision of Lots 5, 6, 7, 8, 9 7 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated July 21, 1998, and Amended Final Plat: Ordinance No. 27, Series 2011 Page 4 A Resubdivision of Lot 5, Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated February 3, 2006. 4. Construction, grading and drainage drawings for a resubdivision of Lots 1-19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado, Intermountain Engineering Limited, sheets 1-8, dated March 9, 1989. 5. Soils and Foundation Investigation for Lots 1-24, Lionsridge 5th Filing. 6. Lionsridge Color Palette, Arnold/Gwathmey/Pratt Architects, March 1990. 7. The subdivision plat for Dauphinais-Moseley Subdivision recorded August 23, 1990, July 21, 1998, and February 3, 2006. B. The development standards shall be as follows: 1. Acrea e: The total area of this site is 10.69 acres or 465,650 square feet. 2. Permitted Uses: The following uses shall be permitted in SDD 22: a. Single-family dwellings. b. Open space. c. Public roads. d. Employee housing units as further regulated by Subsection 5D of this ordinance and Chapter 12-13, Employee Housing, Vail Town Code. 3. Conditional Uses: The following conditional uses shall be permitted in SDD 22, subject to the issuance of a conditional use permit in accordance with Chapter 12-16, Conditional Uses, Vail Town Code: a. Public utility and public service uses. b. Public buildings, grounds and facilities. c. Public and private schools. d. Public park and recreation facilities. 4. Accessory Uses: The following accessory uses shall be permitted in SDD 22: a. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily Ordinance No. 27, Series 2011 Page 5 incidental to single-family residential uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12, Home Occupations, Vail Town Code. c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Setbacks: Minimum setbacks shall be as indicated on the approved site development plan by Intermountain Engineering, dated July 7, 1998. A 4 - foot roof overhang shall be allowed in the front setback for Lots 15-19, provided the rear setback is increased by 4 feet. A 4 -foot roof overhang shall be allowed in the rear setback of Lots 20-24, provided the front setback is increased by 4 feet. Roof overhangs shall be allowed to encroach up to 2 feet into the required side setback of 10 feet for each lot. An unenclosed, unroofed, deck or patio within 5 feet of finished grade may encroach into the rear setback by 5 feet for Lots 1-14 and Lots 20-24. No other setback encroachments shall be allowed. 6. Density: Approval of this development plan shall permit a total of 23 single-family dwelling units on the entire property. A maximum of 23 employee housing units shall be permitted on the entire property. 7. Building Height. For a sloping roof, the height of the building shall not exceed 33 feet. The height calculation shall be made by measuring from the existing grade as indicated on the Intermountain Engineering Topographical Survey dated March 13, 1990 or finished grade. Height shall be calculated pursuant to Section 12-2-2, Definitions, Vail Town Code. 8. Site Coverage: Not more than 25 percent of the total site area on each lot shall be covered by buildings. "Site coverage" shall be calculated pursuant to Section 12-2-2, Definitions, Vail Town Code. 9. Parking: Parking shall be provided pursuant to Chapter 12-10, Off Street Parking and Loading, Vail Town Code. Each employee housing unit within SDD 22 shall have at least one enclosed garage parking space. 10. Design Guidelines: The development of each lot shall be guided by the architectural and landscape design guidelines as approved as part of the Special Development District No. 22. The guidelines are as follows: a. Architectural. The architectural design of the buildings upon the site shall be such that buildings relate harmoniously to each other. This is not to imply that each building must look exactly similar to Ordinance No. 27, Series 2011 Page 6 those around it, but that compatibility be achieved through the use of scale, materials and colors, and building shape and form. The overriding concern is that, upon completion, the Special Development District, because of the clustered nature of the small single-family lots situated around common open space, should appear to be an integrated development possessing a common architectural quality, character, and appearance. To this end the following general design criteria shall be followed by the developer and individual lot owners: b. Color. A palette of colors shall be as set forth in the Lionsridge Color Palette from Arnold/Gwathmey/Pratt dated March 1990. Colors are indicated for the use on different types of building materials and elements such as stucco colors, siding colors, metal flashing, windows, accent colors, etc. The palette of colors indicates a range of acceptable colors in order to encourage similarity on one hand, but also diversity within the acceptable range. c. Buildinq Standards and Materials. The following building standards and materials shall be adhered to: (1) Roof. The roof pitch shall be a minimum 8/12 and a maximum of 12/12. A gable, clipped gable or hipped roof shall be mandatory. Dormers shall be allowed. The roofing material shall be synthetic wood shingles with staggered butts. (2) Chimneys. The chimneys shall be stucco with chimney caps of weathered copper. (3) Flues. All flues shall be galvanized or painted sheet metal, painted to match the roof. (4) Main Fascia. The main fascia shall be a solid color stain, with brown, taupe, or gray. (5) Secondary Fascia and Metal Railings above the First Floor. The secondary fascia and metal railings above the first floor shall be a muted accent trim color. (6) Walls. Walls shall be of stucco and horizontal or vertical wood siding. Stucco colors shall be gray, beige or off-white. Wood siding colors shall be gray, brown or taupe. (7) Stone. Residences shall have a minimum of a two foot Ordinance No. 27, Series 2011 Page 7 high stone wainscot in rainbow mix with a sandstone cap around the perimeter of the structure, except under decks where substantially concealed by landscaping. (8) Windows. Windows located within stucco areas shall have a minimum of two inches of relief from the outside wall plane and have a sandstone sill. (9) Outdoor Lighting. Outdoor lighting shall be indirect with a concealed source except for an entry chandelier, two carriage lights and one pilaster light which may be exposed globes with a fixture of black or weathered copper look metal. The maximum number of outdoor lights permitted on each lot shall be 15, as calculated pursuant to Section 14- 10-7, Outdoor Lighting, Vail Town Code, regardless of lot size. (10) Garages. No garage doors shall directly face the street, except on Lot 24 and Lot 14. (11) A residential address/nameplate, if desired by the owner, shall be located on the side of the garage facing the access point to the lot. (12) When the individual landscape plans are designed for individual lots, special care shall be taken in the design of side yard landscaping in order to provide adequate screening between structures. 11. Recreational Amenities Tax: The recreation amenities tax shall be assessed at the rate for a Single -Family Residential District. SECTION 5. CONDITIONS OF APPROVAL A. The development of Special Development District No. 22 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development District No. 22 shall provide a minimum of 6 deed -restricted employee housing units. These required employee housing units may be located within SDD 22, off-site, or a combination thereof. Any required employee housing units located within SDD 22 shall be subject to the restrictions outlined in Subsection 5D of this ordinance. Any required employee housing units located off-site shall be subject to the provisions of Chapter 12-13, Employee Housing, Vail Town Code, as may be amended. The required employee housing units, both on-site and off-site, shall be eligible for exchange in accordance with the procedures outlined in Section 12-13-5, Employee Housing Unit Deed Restriction Ordinance No. 27, Series 2011 Page 8 Exchange Program, Vail Town Code, as may be amended. B. The following restrictions shall apply to all employee housing units, required and non -required, within SDD 22: 1. Each employee housing unit shall have a minimum square footage of 400 square feet not to exceed 800 square feet and shall have a kitchen or kitchenette. The square footage of an employee housing unit shall be measured from the inside face of the walls creating the unit (i.e., not including furring, sheetrock, plaster, and other similar wall finishes). 2. The employee housing units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee housing unit shall be allowed per lot with a maximum of 23 employee housing units allowed. Each employee housing unit shall be incorporated into the structure of the single-family dwelling and shall not be allowed to be separated from the single-family dwelling. Each employee housing unit shall have at least one enclosed garage parking space. This parking space shall not be detached from the single- family garage or structure 3. The employee housing unit shall be leased to full-time employees who work in Eagle County. The employee housing unit shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full-time employee is one who works an average of thirty hours each week. 4. The employee housing unit may not be sold, transferred, or conveyed separately from the single-family dwelling it is a part of. 5. The employee housing unit shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are defined in the Vail Town Code. 6. No later than February 1 of each year, the owner of each employee housing unit within SDD 22 shall submit a sworn affidavit on a form provided by the Town of Vail to the Community Development Department containing the following information: evidence establishing that the employee housing unit has been rented throughout the year by an employee, the rental rate, the employer, and evidence to demonstrate that at least one tenant who resides within the employee housing unit is a full- time employee in Eagle County. 7. All employee housing units within SDD 22 shall be eligible for exchange in accordance with the procedures outlined in Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. Ordinance No. 27, Series 2011 Page 9 8. The provisions of these restrictions may be enforced by the Owner. The provisions of these restrictions may also be enforced by the Town of Vail in accordance with Chapter 12-3, Administration and Enforcement, Vail Town Code. 9. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail and the Owner of the property. C. The architectural and landscape design guidelines shall be incorporated into the subdivision covenants before the final plat is recorded at the Eagle County Clerk and Recorder's Office. The Town Of Vail shall be party to these agreements. SECTION 6. AMENDMENTS Amendments to Special Development District No. 22 shall follow the procedures prescribed in Section 12-9A-10, Amendment Procedures, Vail Town Code. SECTION 7. EXPIRATION The applicant must begin construction of the Special Development District within 3 years from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Town of Vail Planning and Environmental Commission shall review the Special Development District. They shall recommend to the Vail Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. SECTION 8. 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 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. SECTION 10. The amendment of any provision of the Town Code as provided in this ordinance No. 27, Series 2011 Page 10 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. SECTION 11. 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 20th day of December, 2011, and a public hearing for second reading of this Ordinance set for the 3rd day of January, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 27, Series 2011 Page 11 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 127 Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 4th day of January, 2012. Witness my hand and seal this LI day of 2012. ammy el it Dep�yver (seal) ORDINANCE NO. 27 Series of 2011 AN ORDINANCE REPEALING AND RE-ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 22, GRAND TRAVERSE, PURSUANT TO SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW THE EMPLOYEE HOUSING REQUIREMENTS OF THE SPECIAL DEVELOPMENT DISTRICT TO BE MET OFF-SITE THROUGH THE PROVISIONS OF SECTION 12-13-5, EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Vail Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Planning and Environmental Commission (the "PEC") of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of these amendments at its December 12, 2011, public hearing, and has submitted its recommendation to the Vail Town Council; WHEREAS, Ordinance No. 23, Series of 1988, established Special Development District No. 22 (the "District"), for the following purpose (in part): "...there are significant aspects of Special Development 22 which are difficult to satisfy through the imposition of the standards of the Primary/Secondary zone district. SDD 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single family lots provide the opportunity for a common open space for the subdivision as well as to preserve the southerly ridge line of the property. SDD 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties and the community in general."; WHEREAS, Ordinance No. 13, Series of 1990, amended the District concerning lot size and corresponding gross residential floor area (GRFA), curb cuts, employee dwelling units, and architectural guidelines. Section 5 of that ordinance included the following condition of approval: "G. The development of Special Development District No 22 will have impacts on Ordinance No. 27, Series 2011 Page 1 the available employee housing within the Upper Eagle Valley Area. Ih order to help meet this additional employee housing need, the developer of Special Development No. 22 shall provide employee housing on site. The following restrictions shall apply to all employee housing units within SDD No. 22: The developer shall build a minimum of six employee dwelling units within the subdivision..."; WHEREAS, the provisions of the District were subsequently amended as follows: • Ordinance No. 9, Series of 1998, concerning lot sizes, number of lots and corresponding development standards, and architecture guidelines. • Ordinance No. 10, Series of 1991, concerning lot size and corresponding gross residential floor area (GRFA) and employee dwelling units and architectural guidelines. • Ordinance No. 32, Series of 1991, providing typographical and wording corrections. • Ordinance No. 25, Series of 2005, concerning the elimination of gross residential floor area (GRFA) limitations within the district and the number of lots. • January 21, 2008, administratively approved minor amendment modifying the allowable roofing types (i.e. prohibiting wood shakes); WHEREAS, at the time of this ordinance, the six (6) required on-site employee housing units of the District have been constructed at the following addresses: Lot 1, 1402 Moraine Drive; Lot 5, 1410 Moraine Drive; Lot 10, 1420 Moraine Drive; Lot 13, 1426 Moraine Drive; Lot 18, 1700 Lions Ridge Loop; and Lot 24, 1403 Moraine Drive; WHEREAS Ordinance No. 31, Series of 2008, established an employee housing deed -restriction exchange program for the following purpose: "The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows for the release of a deed restriction from an existing employee housing unit in exchange for the conveyance of a free market dwelling unit to the Town of Vail to be deed restricted. WHEREAS Ordinance No. 10, Series of 2011, amended the employee housing deed -restriction exchange program for the following purpose: "The purpose of this Section is to provide occupied livable, affordable employee Ordinance No. 27, Series 2011 Page 2 housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/ or a fee -in -lieu payment made to the Town of Vail."; WHEREAS, the purpose of this ordinance is to amend the District to allow the employee housing requirements of the district to be met within the district, off-site, or a combination thereof; WHEREAS, the purpose of this ordinance is to amend the District to allow employee housing units to be exchanged in accordance with the procedures outlined in Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; WHERAS, the purpose of this ordinance is to "clean-up" the unclear, outdated, and inconsistent provisions of the District; WHEREAS, based upon the review of the evidence and testimony presented, the Vail Town Council finds that the proposed amend to the District, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code; WHEREAS, based upon the review of the evidence and testimony presented, the Vail Town Council finds that the applicant has demonstrated to the satisfaction of the Council that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and, WHEREAS, based upon the review of the evidence and testimony presented, the Vail Town Council finds that the request is consistent with the development goals and objectives of the Town of Vail Comprehensive Master Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Special Development District No. 22, Grand Traverse, is hereby repealed and re-established to read as follows.- SECTION ollows: SECTION 1. AMENDMENT PROCEDURES FULFILLED, PLANNING AND ENVIRONMENTAL COMMISSION REPORT The approval procedure prescribed in Section 12-9A-10, Amendment Procedures, Vail Town Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 22. Ordinance No. 27, Series 2011 Page 3 SECTION 2. SPECIAL DEVELOPMENT DISTRICT NO. 22 Special Development District No. 22 (SDD 22) and the development plan therefore, are hereby approved for the development of Lots 1 through 19, Block 2, Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres. SECTION 3. PURPOSE Special Development District No. 22 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and meets each of the design standards and criteria as set forth in Section 12-9A-8 of the Vail Town Code. There are significant aspects of Special Development District No. 22 that are difficult to satisfy through the imposition of the standards of the underlying Two -Family Primary/Secondary Residential District. Special Development District No. 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single-family lots provide the opportunity for a common open space for the subdivision as well as the means to preserve the southerly ridge line of the property. Special Development District No. 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties in the community in general. SECTION 4. DEVELOPMENT PLAN A. The development plan for SDD 22 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Dauphinais-Moseley Construction and consists of the following documents: 1. Site development plan, Lionsridge Resubdivision of Lots 1-19, Vail, Colorado, Intermountain Engineering, dated July 7, 1998. 2. Conceptual landscape plan, Intermountain Engineering, dated July 7, 1998. 3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of Lots 1-19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail, County of Eagle, State of Colorado, sheets 1 and 2, Intermountain Engineering Limited, dated April 19, 1989, Amended Final Plat of Dauphinais-Moseley Subdivision Filing No. 1, A Resubdivision of Lots 5, 6, 7, 8, 9 7 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated July 21, 1998, and Amended Final Plat.- Ordinance lat: Ordinance No. 27, Series 2011 Page 4 A Resubdivision of Lot 5, Amended Final Plat: Dauphinais-Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated February 3, 2006. 4. Construction, grading and drainage drawings for a resubdivision of Lots 1-19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado, Intermountain Engineering Limited, sheets 1-8, dated March 9, 1989. 5. Soils and Foundation Investigation for Lots 1-24, Lionsridge 5th Filing. 6. Lionsridge Color Palette, Arnold/Gwathmey/Pratt Architects, March 1990. 7. The subdivision plat for Dauphinais-Moseley Subdivision recorded August 23, 1990, July 21, 1998, and February 3, 2006. B. The development standards shall be as follows: 1. Acreage: The total area of this site is 10.69 acres or 465,650 square feet. 2. Permitted Uses: The following uses shall be permitted in SDD 22: a. Single-family dwellings. b. Open space. c. Public roads. d. Employee housing units as further regulated by Subsection 5D of this ordinance and Chapter 12-13, Employee Housing, Vail Town Code. 3. Conditional Uses: The following conditional uses shall be permitted in SDD 22, subject to the issuance of a conditional use permit in accordance with Chapter 12-16, Conditional Uses, Vail Town Code: a. Public utility and public service uses. b. Public buildings, grounds and facilities. c. Public and private schools. d. Public park and recreation facilities. 4. Accessory Uses: The following accessory uses shall be permitted in SDD 22- a. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily Ordinance No. 27, Series 2011 Page 5 incidental to single-family residential uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12, Home Occupations, Vail Town Code. c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Setbacks: Minimum setbacks shall be as indicated on the approved site development plan by Intermountain Engineering, dated July 7, 1998. A 4 - foot roof overhang shall be allowed in the front setback for Lots 15-19, provided the rear setback is increased by 4 feet. A 4 -foot roof overhang shall be allowed in the rear setback of Lots 20-24, provided the front setback is increased by 4 feet. Roof overhangs shall be allowed to encroach up to 2 feet into the required side setback of 10 feet for each lot. An unenclosed, unroofed, deck or patio within 5 feet of finished grade may encroach into the rear setback by 5 feet for Lots 1-14 and Lots 20-24. No other setback encroachments shall be allowed. 6. Density: Approval of this development plan shall permit a total of 23 single-family dwelling units on the entire property. A maximum of 23 employee housing units shall be permitted on the entire property. 7. Building Height: For a sloping roof, the height of the building shall not exceed 33 feet. The height calculation shall be made by measuring from the existing grade as indicated on the Intermountain Engineering Topographical Survey dated March 13, 1990 or finished grade. Height shall be calculated pursuant to Section 12-2-2, Definitions, Vail Town Code. 8. Site Coverage: Not more than 25 percent of the total site area on each lot shall be covered by buildings. "Site coverage" shall be calculated pursuant to Section 12-2-2, Definitions, Vail Town Code. 9. Parking: Parking shall be provided pursuant to Chapter 12-10, Off Street Parking and Loading, Vail Town Code. Each employee housing unit within SDD 22 shall have at least one enclosed garage parking space. 10. Design Guidelines: The development of each lot shall be guided by the architectural and landscape design guidelines as approved as part of the Special Development District No. 22. The guidelines are as follows: a. Architectural. The architectural design of the buildings upon the site shall be such that buildings relate harmoniously to each other. This is not to imply that each building must look exactly similar to Ordinance No. 27, Series 2011 Page 6 those around it, but that compatibility be achieved through the use of scale, materials and colors, and building shape and form. The overriding concern is that, upon completion, the Special Development District, because of the clustered nature of the small single-family lots situated around common open space, should appear to be an integrated development possessing a common architectural quality, character, and appearance. To this end the following general design criteria shall be followed by the developer and individual lot owners: b. Color. A palette of colors shall be as set forth in the Lionsridge Color Palette from Arnold/Gwathmey/Pratt dated March 1990. Colors are indicated for the use on different types of building materials and elements such as stucco colors, siding colors, metal flashing, windows, accent colors, etc. The palette of colors indicates a range of acceptable colors in order to encourage similarity on one hand, but also diversity within the acceptable range. c. Building Standards and Materials. The following building standards and materials shall be adhered to: (1) Roof. The roof pitch shall be a minimum 8/12 and a maximum of 12/12. A gable, clipped gable or hipped roof shall be mandatory. Dormers shall be allowed. The roofing material shall be synthetic wood shingles with staggered butts. (2) Chimneys. The chimneys shall be stucco with chimney caps of weathered copper. (3) Flues. All flues shall be galvanized or painted sheet metal, painted to match the roof. (4) Main Fascia. The main fascia shall be a solid color stain, with brown, taupe, or gray. (5) Secondary Fascia and Metal Railings above the First Floor. The secondary fascia and metal railings above the first floor shall be a muted accent trim color. (6) Walls. Walls shall be of stucco and horizontal or vertical wood siding. Stucco colors shall be gray, beige or off-white. Wood siding colors shall be gray, brown or taupe., (7) Stone. Residences shall have a minimum of a two foot Ordinance No. 27, Series 2011 Page 7 high stone wainscot in rainbow mix with a sandstone cap around the perimeter of the structure, except under decks where substantially concealed by landscaping. (8) Windows. Windows located within stucco areas shall have a minimum of two inches of relief from the outside wall plane and have a sandstone sill. (9) Outdoor Lighting. Outdoor lighting shall be indirect with a concealed source except for an entry chandelier, two carriage lights and one pilaster light which may be exposed globes with a fixture of black or weathered copper look metal. The maximum number of outdoor lights permitted on each lot shall be 15, as calculated pursuant to Section 14- 10-7, Outdoor Lighting, Vail Town Code, regardless of lot size. (10) Garages. No garage doors shall directly face the street, except on Lot 24 and Lot 14. (11) A residential address/nameplate, if desired by the owner, shall be located on the side of the garage facing the access point to the lot. (12) When the individual landscape plans are designed for individual lots, special care shall be taken in the design of side yard landscaping in order to provide adequate screening between structures. 11. Recreational Amenities Tax: The recreation amenities tax shall be assessed at the rate for a Single -Family Residential District. SECTION 5. CONDITIONS OF APPROVAL A. The development of Special Development District No. 22 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development District No. 22 shall provide a minimum of 6 deed -restricted employee housing units. These required employee housing units may be located within SDD 22, off-site, or a combination thereof. Any required employee housing units located within SDD 22 shall be subject to the restrictions outlined in Subsection 5D of this ordinance. Any required employee housing units located off-site shall be subject to the provisions of Chapter 12-13, Employee Housing, Vail Town Code, as may be amended. The required employee housing units, both on-site and off-site, shall be eligible for exchange in accordance with the procedures outlined in Section 12-13-5, Employee Housing Unit Deed Restriction Ordinance No. 27, Series 2011 Page 8 Exchange Program, Vail Town Code, as may be amended. B. The following restrictions shall apply to all employee housing units, required and non -required, within SDD 22: 1. Each employee housing unit shall have a minimum square footage of 400 square feet not to exceed 800 square feet and shall have a kitchen or kitchenette. The square footage of an employee housing unit shall be measured from the inside face of the walls creating the unit (i.e., not including furring, sheetrock, plaster, and other similar wall finishes). 2. The employee housing units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee housing unit shall be allowed per lot with a maximum of 23 employee housing units allowed. Each employee housing unit shall be incorporated into the structure of the single-family dwelling and shall not be allowed to be separated from the single-family dwelling. Each employee housing unit shall have at least one enclosed garage parking space. This parking space shall not be detached from the single- family garage or structure 3. The employee housing unit shall be leased to full-time employees who work in Eagle County. The employee housing unit shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full-time employee is one who works an average of thirty hours each week. 4. The employee housing unit may not be sold, transferred, or conveyed separately from the single-family dwelling it is a part of. 5. The employee housing unit shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are defined in the Vail Town Code. 6. No later than February 1 of each year, the owner of each employee housing unit within SDD 22 shall submit a sworn affidavit on a form provided by the Town of Vail to the Community Development Department containing the following information: evidence establishing that the employee housing unit has been rented throughout the year by an employee, the rental rate, the employer, and evidence to demonstrate that at least one tenant who resides within the employee housing unit is a full- time employee in Eagle County. 7. All employee housing units within SDD 22 shall be eligible for exchange in accordance with the procedures outlined in Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. Ordinance No. 27, Series 2011 Page 9 8. The provisions of these restrictions may be enforced by the Owner. The provisions of these restrictions may also be enforced by the Town of Vail in accordance with Chapter 12-3, Administration and Enforcement, Vail Town Code. 9. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail and the Owner of the property. C. The architectural and landscape design guidelines shall be incorporated into the subdivision covenants before the final plat is recorded at the Eagle County Clerk and Recorder's Office. The Town Of Vail shall be party to these agreements. SECTION 6. AMENDMENTS Amendments to Special Development District No. 22 shall follow the procedures prescribed in Section 12-9A-10, Amendment Procedures, Vail Town Code. SECTION 7. EXPIRATION The applicant must begin construction of the Special Development District within 3 years from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Town of Vail Planning and Environmental Commission shall review the Special Development District. They shall recommend to the Vail Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. SECTION 8. 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 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. SECTION 10. The amendment of any provision of the Town Code as provided in this Ordinance No. 27, Series 2011 Page 10 ordinance shall not affect any right which has accrued, any duty imposed, anj 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. SECTION 11. 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 20th day of December, 2011, and a public hearing for second reading of this Ordinance set for the 3rd day of January, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3 I day of January, 2012. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 27, Series 2011 Page 11 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 27 Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of January, 2012. Witness my hand and seal this day of 12012. Tammy Nagel Town of Vail Deputy Clerk (seal)