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HomeMy WebLinkAbout2012 - Proof of PublicationPROOF 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of January, 2012. ammy my hand and seal thisQQ day of ., , 2012. ZOI _.. . L� • �r (seal) ORDINANCE NO. 1 SERIES OF 2012 AN ORDINANCE APPROVING A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, FOR A REZONING FROM SKI BASE RECREATION DISTRICT TO SKI BASE RECREATION 2 DISTRICT, LOCATED AT 598 VAIL VALLEY DRIVE/PART OF TRACT B, VAIL VILLAGE FILING 7, 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, the subject property was annexed into the Town of Vail as part of the original Town boundaries on August 26, 1966 and was zoned Agriculture and Open Space District; and WHEREAS, the subject property was rezoned to Ski Base Recreation District from the Agriculture and Open Space District on February 15, 2000, to facilitate redevelopment as part of the larger Golden Peak development site; and WHEREAS, redevelopment of the subject property anticipated in 2000 never occurred; and WHEREAS, the subject property owner would like to redevelop the subject property and is requesting a rezoning to facilitate said redevelopment separate from the Golden Peak development site; and WHEREAS, on January 30, 2012, the Town of Vail Planning and Environmental Commission held a public hearing on a proposed rezoning from Ski Base Recreation District to Ski Base Recreation 2 District, located at 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 4 -2 -1 (Pratt, Rediker opposed, Cartin recused); 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, 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: Ordinance No. 1, Series of 2012 Section 1. This ordinance adopts the following zone district boundary amendment: A rezoning from the Ski Base Recreation District to the Ski Base Recreation 2 District, located at 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, as further described in Exhibit A of this ordinance. This zone district boundary amendment shall be effective upon the adoption of this ordinance. 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 21st day of February, 2012 and a public hearing for second reading of this Ordinance set for the 6th day of March, 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. 1, Series of 2012 Exhibit A Vail Village Filing Part of Tract B (688 Vail Valley Drive - Ski Clul 150 300 Ordinance No. 1, Series of 2012 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 7th day of March, 2012. Witness my hand and seal this day of c--L— , 2012. Tamm el O�N.OF V Town of Vail puVU '<: • (sett �� SEAL ORDINANCE NO. 1 SERIES OF 2012 AN ORDINANCE APPROVING A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, FOR A REZONING FROM SKI BASE RECREATION DISTRICT TO SKI BASE RECREATION 2 DISTRICT, LOCATED AT 598 VAIL VALLEY DRIVE/PART OF TRACT B, VAIL VILLAGE FILING 7, 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, the subject property was annexed into the Town of Vail as part of the original Town boundaries on August 26, 1966 and was zoned Agriculture and Open Space District; and WHEREAS, the subject property was rezoned to Ski Base Recreation District from the Agriculture and Open Space District on February 15, 2000, to facilitate redevelopment as part of the larger Golden Peak development site; and WHEREAS, redevelopment of the subject property anticipated in 2000 never occurred; and WHEREAS, the subject property owner would like to redevelop the subject property and is requesting a rezoning to facilitate said redevelopment separate from the Golden Peak development site; and WHEREAS, on January 30, 2012, the Town of Vail Planning and Environmental Commission held a public hearing on a proposed rezoning from Ski Base Recreation District to Ski Base Recreation 2 District, located at 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 4 -2 -1 (Pratt, Rediker opposed, Cartin recused); 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, 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 amendment: Ordinance No. 1, Series of 2012 A rezoning from the Ski Base Recreation District to the Ski Base Recreation 2 District, located at 598 Vail Valley Drive /part of Tract B, Vail Village Filing 7, as further described in Exhibit A of this ordinance. This zone district boundary amendment shall be effective upon the adoption of this ordinance. 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 21st day of February, 2012 and a public hearing for second reading of this Ordinance set for the 6th day of March, 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 6th day of March, 2012. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 1, Series of 2012 Exhibit A Vail Village Filing 7 Part of Tract 8 (598 Vail Valley Drive - Ski Clut _ __.. _ .. ....... arsww......r+w,.� wrw.�wr►. �...�..w n. a...w..... �.... w.. «..+.r�.w+.w. IFset M.....,,..s..,...,w.._� app ces aa�sea � xv + , z r nn w yu % Ordinance No. 1, Series of 2012 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of May, 2012. Witness my hand and seal this day of '2012. lei .Ponaldson i of Vail Clerk (seal) P'�QYY ry DiC` •'' L S ;r ORDINANCE NO. 2 Series of 2012 AN ORDINANCE AMENDING CHAPTER 12 -6, RESIDENTIAL DISTRICTS, VAIL TOWN CODE, TO ESTABLISH THE VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the purpose of the amendments is to establish a new zone district to regulate existing townhouse properties in Vail Village that were legally non - conforming in regard to the provisions of the High Density Multiple - Family District; and, WHEREAS, the purpose of the amendments is to establish incentives for the redevelopment of existing townhouse properties in Vail Village; and, WHEREAS, the purpose of the amendments is to preserve the existing character of the townhouse properties in Vail Village and to preserve the existing character of the neighborhood; and, WHEREAS, on November 14, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend the Town's Zoning Regulations and establish the Vail Village Townhouse District, in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for the proposed Zoning Regulation amendments to the Vail Town Council; and, WHEREAS, the Vail Town Council finds and determines that the amendment 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 Code furthers the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 2, Series of 2012 SECTION 1. Table of Contents, Title 12, Zoning Regulations, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethreugh, text that is to be added is bold, and sections of text that are not amended have been omitted): Vail Village Townhouse (VVT) District ... 6J SECTION 2. Section 12 -2 -2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): TOWNHOUSE PROJECT: A building or group of associated buildings consisting of multiple - family dwelling units designed as attached or row dwellings that are treated as one entity for zoning purposes. INDIVIDUALLY PLATTED TOWNHOUSE LOT: A portion of a townhouse project that is subdivided and for zoning purposes is treated as a separate entity from the remainder of the project. SECTION 3. Section 12 -4 -1, Designated, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): The following zone districts are established: Vail Village Townhouse (VVT) District SECTION 4. Chapter 12 -6, Residential Districts, Vail Town Code, is hereby established as follows (text that is to be added is bold): ARTICLE J. VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT 12 -6J -1: PURPOSE: The Vail Village Townhouse District is intended to provide sites for, and maintain the unique character of, existing townhouse properties in the Vail Village Master Plan area of the Town of Vail. The Vail Village Townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year - round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome Ordinance No. 2, Series of 2012 properties that were legally nonconforming in the High Density Multiple Family District. The Vail Village Townhouse District is meant to encourage and provide incentives for redevelopment of existing townhouse properties in accordance with the Vail Village Master Plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), reductions in landscaping area, and changes in parking design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village Master Plan to maintain the unique character of existing townhouse developments in Vail Village. 12 -6J -2: PERMITTED USES: The following uses shall be permitted in the VVT district: Employee housing units, as further regulated by chapter 13 of this title. Multiple - family residential dwellings, including attached and row dwellings and condominium dwellings. 12 -6J -3: CONDITIONAL USES: The following conditional uses shall be permitted in the VVT district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12 -14 -18 of this title. Home child daycare facilities, as further regulated by section 12- 14-12 of this title. Public buildings, grounds and facilities. Public utility and public service uses. Timeshare units. 12 -6J -4: ACCESSORY USES: The following accessory uses shall be permitted in the VVT district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. Ordinance No. 2. Series of 2012 Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12 -6J -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area for a townhouse project shall be ten thousand (10,000) square feet of total site area. Each site shall have a minimum frontage of twenty feet (20'). The minimum lot or site area for individually platted townhouse lots shall be two thousand (2,000) square feet of total site area, each site shall have a minimum frontage of twenty feet (20'). 12 -6J -6: SETBACKS: The minimum setback shall be twenty feet (20') from the front and rear property lines. The minimum setback shall be twenty feet (20') from the side property lines, except the setback shall be zero feet (0') from the side property lines between attached dwelling units. 12 -6J -7: HEIGHT: For a flat roof, the height of buildings shall not exceed forty feet (40'). For a sloping roof, the height of buildings shall not exceed forty three feet (43'). 12 -6J -8: DENSITY CONTROL: The existing number of legally established units on a development site or twenty -five dwelling units per acre of total site area, whichever is greater, shall be allowed. A dwelling unit may include one attached accommodation unit no larger than one -third (1/3) of the total floor area of the dwelling. 12 -6J -9: GROSS RESIDENTIAL FLOOR AREA: Not more than one hundred twenty five (125) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of total site area. Dwelling units in this zone district shall not be entitled to additional gross residential floor area under Section 12 -15 -5: Additional Gross Residential Floor Area (250 Ordinance), or Section 12 -15 -4: Interior Conversions of this title. There shall be no exclusion to gross residential floor area granted for enclosed garage space within individual dwelling units as referenced in Chapter 15 Gross Residential Floor Area. 12- 6J -10: SITE COVERAGE: Site coverage shall not exceed fifty five (55 %) of the total site area. Ordinance No. 2, Series of 2012 4 12- 6J -11: LANDSCAPING AND SITE DEVELOPMENT: At least twenty percent (20 %) of the total site area shall be landscaped. 12- 6J -12: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. Required parking legally established within the street right -of -way may be continued subject to a revocable right -of -way permit issued by the Town of Vail. 12- 6J -13: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Design Review Board and /or Administrator that the proposed new construction, addition, or minor exterior alteration is in compliance with the applicable elements of the Vail Village Master Plan, Vail Village Urban Design Guide Plan, and the Vail Village Design Considerations. SECTION 5. Section 12- 10 -17 -13, Lease Qualifications, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethro ugh text that is to be added is bold, and sections of text that are not amended have been omitted): 1. Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces located in commercial core 1, commercial core 2, commercial core 3, high density multiple - family, Vail Village Townhouse, public accommodations, Lionshead mixed use 1, Lionshead mixed use 2, or special development zone districts and provides sufficient parking for use by employees may apply to the administrator of the town for a permit to lease parking spaces. SECTION 6. Section 12 -13 -4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, is hereby amended in part as follows (text to be deleted is in ctrikethFe g-1 , text that is to be added is bold, and sections of text that are not amended have been omitted): F _ Type III Residential cluster Low density multiple - family Medium density multiple - family High density multiple - family Vail Village Townhouse Public accommodation Commercial core 1 Commercial core 2 Commercial core 3 Commercial service center Arterial business Heavy service Lionshead mixed use 1 Lionshead mixed use 2 Public accommodation 2 The EHU �l may be sold or transferred separately. The EHU is excluded from the calculatio n of GRFA. Ordinance No. 2, Series of 2012 rj na B. Dormitory unit: 200 sq. ft. minimum for each person occupying the EHU. Na Per AA. Dwelling The EHU is chapter I unit: 300 sq. excluded 10 of ft. minimum from the this title and 1,200 calculation as a sq. ft. of density. dwelling maximum. unit. B. Dormitory unit: 200 sq. ft. minimum for each person occupying the EHU. Ski base /recreation Ski base /recreation Special developme Parking district General use 2 it district SECTION 7. Section 12 -15 -2, GRFA Requirements By Zone District, Vail Town Code, is hereby amended in part as follows (text to be deleted is in ctrikethre g text that is to be added is bold, and sections of text that are not amended have been omitted): Zone Districts GRFA Credits (Added To Results Of GRFA Ratio Application Of Percentage) VVT 1.35 of total site area None Vail Village Townhouse SECTION 8. Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethFeUgI4, text that is to be added is bold, and sections of text that are not amended have been omitted): B. Within The Residential Cluster (RC), Low Density Multiple - Family (LDMF), Medium Density Multiple - Family (MDMF), High Density Multiple - Family (HDMF), A-Rd Housing (H), and Vail Village Townhouse (VVT) Districts: SECTION 9. Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethreugh, text that is to be added is bold, and sections of text that are not amended have been omitted): C. Within All Districts Except The Hillside Residential (HR), Single - Family Residential (SFR), Two - Family Residential (R), Two - Family Primary /Secondary (PS), Residential Cluster (RC), Low Density Multiple - Family (LDMF), Medium Density Multiple - Family (MDMF), High Density Multiple - Family (HDMF), ARd Housing (H), and Vail Village Townhouse (VVT) Districts: SECTION 10. Section 12 -15 -4, Interior Conversions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrqug4, text that is to be added is bold, and sections of text that are not amended have been omitted): B. Applicability: Within all zone districts except the single - family residential (SFR), two- family residential (R), aad two- family primary /secondary residential (PS), and Vail Village Townhouse (VVT) districts, dwelling Ordinance No. 2, Series of 2012 6 units that meet or exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satisfied: 1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior space conversion" provision in excess of existing or allowable GRFA including such units located in a special development district; provided, that such GRFA complies with the standards outlined herein. 2. For the purpose of this section, "existing unit" shall mean any dwelling unit that has been constructed prior to August 5, 1997, and has received a certificate of occupancy, or has been issued a building permit prior to August 5, 1997, or has received final design review board approval prior to August 5, 1997. SECTION 11. Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethreugl4, text that is to be added is bold, and sections of text that are not amended have been omitted): B. Applicability: The provisions of this section shall apply to dwelling units in all zone districts except the single - family residential (SFR), two - family residential (R), aPA two- family primary/secondary residential (PS), and Vail Village Townhouse (VVT) districts. SECTION 12. Section 12 -24 -1, Inclusionary Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrewgI4, text that is to be added is bold, and sections of text that are not amended have been omitted): B. This chapter shall apply to all new residential development and redevelopment located within the following zone districts, except as provided in section 12 -24 -5 of this chapter: 2. Vail Village Townhouse (VVT) SECTION 13. Section 14 -8 -1 Site Development Standards, Inclusionary Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethreugh, text that is to be added is bold, and sections of text that are not amended have been omitted): Ordinance No. 2, Series of 2012 � w L C m o ° °-'E Q C N C O mom. o ti m>,d m J O OU .0 C C d V q d a J d R y y Y` d L t u A A o m` N u« W C. in 3 U y o. o _ m X C L A C N w O O O 0] 2 O` y N C 6 CU QQ d N CD C � C O C LL N C � N_ 0 > (nQ *!Z C a O O C J LL d w a y M d a 7 O C_ -O (n O O y L 7 O a N O > C m O O d o = p U M" N � N C C a (C o 0 O N O J N Q N N N •_ 01 > @ O b �V b N Y C U 7 O � l0 r N L O U CL L _ r ` o ¢ Y C Y N 0 0 C J N A C y 7 a O (Q I N O R y N O ► y Y U U-0�Y d O a fry U a £ y o m C JU) R y0 A y d O) y y C m C Y C d C N 2 N .O y t C a y 2 U y fD N . � N N N O a A a 7 _ N ( d C a O/ d >, n. a W 3 d F > >.N o as _ m�N> w y u� O t N d N y IC 10 y@ A R X 7 m y C d O5D _ W C d N 3 a 10 y W � d N C-7 W N O N N 6 Z U C O C a O .'k SECTION 14. 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 15. 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 16. 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 17. 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 21St day of February, 2012 and a public hearing for second reading of this Ordinance set for the 6th day of March, 2012, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 2, Series of 2012 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. 2 Series of �n 2012, on the Town of Vail's web site, www.vailgov.com, on theme t a ay of August, 2012. Witness my hand and seal this day of v 2012. Lor ei aldson T wn of Vail rk O��••�ff)V,q�` :SEAL •'•••...•••' o ' �OL . *0* . ORDINANCE NO. 2 Series of 2012 AN ORDINANCE AMENDING CHAPTER 12 -6, RESIDENTIAL DISTRICTS, VAIL TOWN CODE, TO ESTABLISH THE VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the purpose of the amendments is to establish a new zone district to regulate existing townhouse properties in Vail Village that were legally non - conforming in regard to the provisions of the High Density Multiple - Family District; and, WHEREAS, the purpose of the amendments is to establish incentives forthe redevelopment of existing townhouse properties in Vail Village; and, WHEREAS, the purpose of the amendments is to preserve the existing character of the townhouse properties in Vail Village and to preserve the existing character of the neighborhood; and, WHEREAS, on November 14, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend the Town's Zoning Regulations and establish the Vail Village Townhouse District, in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval, with modifications, forthe proposed Zoning Regulation amendments to the Vail Town Council; and, WHEREAS, the Vail Town Council finds and determines that the amendment 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 Code furthers the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. Table of Contents, Title 12, Zoning Regulations, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strip, text that is to be added is bold, and sections of text that are not amended have been omitted): Vail Village Townhouse (VVT) District ... 6J Ordinance No. 2, Series of 2012 SECTION 2. Section 12 -2 -2, Definitions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethreugb, text that is to be added is bold, and sections of text that are not amended have been omitted): TOWNHOUSE PROJECT: A building or group of associated buildings consisting of multiple - family dwelling units designed as attached or row dwellings that are treated as one entity for zoning purposes. INDIVIDUALLY PLATTED TOWNHOUSE LOT: A portion of a townhouse project that is subdivided and for zoning purposes is treated as a separate entity from the remainder of the project. SECTION 3. Section 12 -4 -1, Designated, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strip#, text that is to be added is bold, and sections of text that are not amended have been omitted): The following zone districts are established: Vail Village Townhouse (VVT) District SECTION 4. Chapter 12 -6, Residential Districts, Vail Town Code, is hereby established as follows (text that is to be added is bold): ARTICLE J. VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT 12 -6J -1: PURPOSE: The Vail Village Townhouse District is intended to provide sites for, and maintain the unique residential character of, existing townhouse properties in the East Gore Creek Sub -Area of the Vail Village Master Plan area. This zone district was specifically developed to only be applied to the properties known at the time of the establishment of this district as the Vail Townhouses Condominium, Vail Row Houses, Vail Trails Chalets, Vail Trails East Condominiums and the Texas Townhomes. The Vail Village Townhouse district is intended to ensure adequate light, air, open space, and other amenities commensurate with townhomes, and to maintain the desirable residential and resort qualities of the zone district by establishing appropriate site development standards. Certain nonresidential uses are permitted as conditional uses, which relate to the nature of Vail as a winter and summer recreation and year -round community and, where permitted, are intended to blend harmoniously with the residential character of the zone district. This zone district was established to regulate existing townhome properties that were legally nonconforming in the High Density Multiple Family District. The Vail Village Townhouse District is meant to encourage and provide incentives for redevelopment of existing townhouse properties in accordance with the Vail Village Master Plan. The incentives in this zone district include addressing both townhouse projects and individually platted townhouse lots, reductions in lot area standards, reductions in setbacks, increases in density, increases in gross residential floor area (GRFA), and changes in parking Ordinance No. 2, Series of 2012 design requirements. More restrictive design considerations have been applied to these properties in accordance with the Vail Village Master Plan to maintain the unique residential character of existing townhouse developments in Vail Village. 12 -6J -2: PERMITTED USES: The following uses shall be permitted in the VVT district: Employee housing units, as further regulated by chapter 13 of this title. Multiple - family residential dwellings, including attached and row dwellings and condominium dwellings. 12 -6J -3: CONDITIONAL USES: The following conditional uses shall be permitted in the VVT district, subjectto issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12 -14 -18 of this title. Home child daycare facilities, as further regulated by section 12 -14 -12 of this title. Public buildings, grounds and facilities. Public utility and public service uses. Timeshare units. 12 -6J -4: ACCESSORY USES: The following accessory uses shall be permitted in the VVT district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12 -14 -12 of this title. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12 -6J -5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area for a townhouse project shall be ten thousand (10,000) square feet of total site area. Each site shall have a minimum frontage of twenty feet (20'). The minimum lot or site area for individually platted townhouse lots shall be two thousand (2,000) square feet of total site area, each site shall have a minimum frontage of twenty feet (20'). 12 -6J -6: SETBACKS: The minimum setback shall be twenty feet (20') from the front and rear Ordinance No. 2, Series of 2012 3 property lines. The minimum setback shall be twenty feet (20') from the side property lines, except the setback shall be zero feet (0') from the side property lines between attached dwelling units. 12 -6J -7: HEIGHT: For a flat roof, the height of buildings shall not exceed thirty feet (35). For a sloping roof, the height of buildings shall not exceed thirty eight feet (38). 12 -6J -8: DENSITY CONTROL: The existing number of legally established units on a development site or twenty -five dwelling units per acre of total site area, whichever is greater, shall be allowed. A dwelling unit may include one attached accommodation unit no larger than one -third (1/3) of the total floor area of the dwelling. 12 -6J -9: GROSS RESIDENTIAL FLOOR AREA: An unlimited amount of gross residential floor area (GRFA) shall be permitted on each site. 12- 6J -10: SITE COVERAGE: Site coverage shall not exceed fifty five (55 %) of the total site area. 12- 6J -11: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30 %) of the total site area shall be landscaped. 12- 6J -12: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. Required parking legally established within the street right -of -way may be continued subject to a revocable right -of -way permit issued by the Town of Vail. 12- 6J -13: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the Design Review Board and /or Administrator that the proposed new construction, addition, or minor exterior alteration is in compliance with the applicable elements of the Vail Village Master Plan, Vail Village Urban Design Guide Plan, and the Vail Village Design Considerations. SECTION 5. Section 12- 10 -17 -13, Lease Qualifications, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethpGugh, text that is to be added is bold, and sections of text that are not amended have been omitted): 1. Any owner, occupant or building manager who owns, occupies or manages ten (10) or more private parking spaces located in commercial core 1, commercial core 2, commercial core 3, high density multiple - family, Vail Village Townhouse, public accommodations, Lionshead mixed use 1, Lionshead mixed use 2, or special development zone districts and provides sufficient parking for use by employees may apply to the administrator of the town for a permit to lease parking spaces. SECTION 6. Section 12 -13 -4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, is hereby amended in part as follows (text to be deleted is in s#ikethreugh, text Ordinance No. 2. Series of 2012 that is to be added is bold, and sections of text that are not amended have been omitted): The EHU is excluded from the calculati on of density. SECTION 7. Section 12 -15 -2, GRFA Requirements By Zone District, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Zone Districts _ GRFA Credits (Added To Results Of GRFA Ratio Application Of Percentao VVT Unlimited Vail Village Townhouse j None SECTION & Section 12 -15 -3, Definition, Calculation, and Exclusions, 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): Ordinance No. 2, Series of 2012 5 i Typ Residential cluster The The n/ n/ Per A. e III Low density EHU EHU is a a chapt Dwelling multiple - family may be exclud er 10 unit: 300 Medium density sold or ed of this sq. ft. multiple - family transfer from title as minimum j High density red the a 1 and multiple - family separat calcula dwelli 3 1,200 Vail Village ely. tion of ng i sq. ft. Townhouse GRFA. unit. ; maximu Public M. accommodation Commercial core 1 B Commercial core 2 Dormitor Commercial core 3 y unit: Commercial service 200 sq. center ft. Arterial business minimum Heavy service for each Lionshead mixed person use 1 occupyin Lionshead mixed g the use 2 EHU. Public accommodation 2 Ski base /recreation i Ski base /recreation 2 Special development district Parking district General use The EHU is excluded from the calculati on of density. SECTION 7. Section 12 -15 -2, GRFA Requirements By Zone District, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that are not amended have been omitted): Zone Districts _ GRFA Credits (Added To Results Of GRFA Ratio Application Of Percentao VVT Unlimited Vail Village Townhouse j None SECTION & Section 12 -15 -3, Definition, Calculation, and Exclusions, 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): Ordinance No. 2, Series of 2012 5 B. Within The Residential Cluster (RC), Low Density Multiple - Family (LDMF), Medium Density Multiple - Family (MDMF), High Density Multiple - Family (HDMF), Arid Housing (H), and Vail Village Townhouse (VVT) Districts: SECTION 9. Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethFough, text that is to be added is bold, and sections of text that are not amended have been omitted): C. Within All Districts Except The Hillside Residential (HR), Single - Family Residential (SFR), Two - Family Residential (R), Two - Family Primary/Secondary (PS), Residential Cluster (RC), Low Density Multiple - Family (LDMF), Medium Density Multiple - Family (MDMF), High Density Multiple - Family (HDMF), Arid Housing (H), and Vail Village Townhouse (VVT) Districts: SECTION 10. Section 12 -15 -4, Interior Conversions, Vail Town Code, is hereby amended in part as follows (text to be deleted is in str+kethFoug#, text that is to be added is bold, and sections of text that are not amended have been omitted): B. Applicability: Within all zone districts except the single - family residential (SFR), two - family residential (R), aP4 two - family primary/secondary residential (PS), and Vail Village Townhouse (VVT) districts, dwelling units that meet or exceed allowable GRFA will be eligible to make interior conversions provided the following criteria are satisfied: 1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior space conversion" provision in excess of existing or allowable GRFA including such units located in a special development district; provided, that such GRFA complies with the standards outlined herein. 2. For the purpose of this section, "existing unit' shall mean any dwelling unit that has been constructed prior to August 5, 1997, and has received a certificate of occupancy, or has been issued a building permit prior to August 5, 1997, or has received final design review board approval prior to August 5, 1997. SECTION 11. Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, is hereby amended in part as follows (text to be deleted is in strikethreugh, text that is to be added is bold, and sections of text that are not amended have been omitted): B. Applicability: The provisions of this section shall apply to dwelling units in all zone districts except the single - family residential (SFR), two- family residential (R), aP4 two - family primary/secondary residential (PS), and Vail Village Townhouse (VVT) districts. SECTION 12. Section 12 -24 -1, Inclusionary Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethFough, text that is to be added is bold, and sections of text that are not amended have been omitted): B. This chapter shall apply to all new residential development and redevelopment located within the following zone districts, except as provided in section 12 -24 -5 of Ordinance No. 2, Series of 2012 6 this chapter: 2. Vail Village Townhouse (VVT) SECTION 13. Section 14 -8 -1 Site Development Standards, Inclusionary Zoning, Vail Town Code, is hereby amended in part as follows (text to be deleted is in stFikethreugh, text that is to be added is bold, and sections of text that are not amended have been omitted): Ordinance No. 2, Series of 2012 7 Zone Max. Districts Architectural Projection Min. Min. Min. Into Setback Min. Max. EHU Building I Deck Deck Max. Site Land - Density (Allowance Setbacks (Ground (Not Coverage scape Level) Ground Area Setback Level) Setback Residential Districts Min. Lot Size (Buildable Area In Sq. Ft.) Min. Max. Min. Square Building Frontage Area Height VVT Vail Existing Type III 20' front May May 4' 55% 30% 1o,000 sq. ft. Village number of and Type 20' rear project project for Townhous 'legally IV, Type 20' not not comprehensive e established ''IV -IZ, sides more more development units or 25 'Type VII- I,0' 'than the than the site; 2,000 sq. per acre of '.IZ :between ;lesser lesser ft. for total site !attached 'of 10' or of 5' or individually area. dwelling '/Z the 1/2 the platted !units required required townhouse lots', setback setback I Ordinance No. 2, Senes of 2012 8 20' n/a 140' flat R Lc Lof SECTION 14. 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 15. 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 16. 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 17. 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 May, 2012 and a public hearing for second reading of this Ordinance set for the 215` day of August, 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 21St day of August, 2012. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 2. Series of 2012 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 5th day of April, 2012. s my hand and seal this S day of , 2012. i am gei Town of V I Deputy (seal) • S�i • i M ORDINANCE NO. 3 SERIES OF 2012 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, DISPATCH SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2012 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 2012 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2011, adopting the 2012 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 2012 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 173,950 Capital Projects Fund 9,537,904 Real Estate Transfer Tax Fund 14,241,661 Conference Center Fund 8,885,000 Dispatch Services Fund 133,159 Heavy Equipment Fund 330,000 Total $33,301,674 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. 3, Series of 2012 . 3 part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of April, 2012, and a public hearing shall be held on this Ordinance on the 17th day of April, 2012, 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. 3, Series of 2012 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. 4 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 7th day of March, 2012. Witness my hand and seal this day of L?�� , 2012. Tammy'Nsael Town of Vail De ty' rSt `� ' ORDINANCE NO. 4 SERIES 2012 AN ORDINANCE AUTHORIZING THE SALE OF A PORTION OF THE REAL PROPERTY LOCATED AT 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO (THE "TOWN HALL PROPERTY ") TO VAIL MOB, LLC FOR THE PURCHASE PRICE OF $5 MILLION, 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 Vail Town Charter; WHEREAS, the Town Council finds and determines that the sale of a portion of the real property located at 75 South Frontage Road, Vail, Colorado, consisting of 0.566 acres located on the western half of the site, as generally described in Exhibit A, attached hereto and incorporated herein by this reference, and which will be more particularly set forth in a purchase and sale agreement, to Vail MOB, LLC, will enable beneficial redevelopment of the site to include private improvements and a new Town Hall; WHEREAS, the Town Council commissioned both a real estate appraisal of the portion of real property to be sold and a study to consider the economic impact on the Town of the redevelopment of the adjoining real property; WHEREAS, based on the real estate appraisal and two economic impact studies, the Town Council finds and determines that the purchase price of $5 million for the purchase of a portion of the real property located at 75 South Frontage Road, Vail, Colorado, is fair and equitable; WHEREAS, the Town Council finds and determines that the sale of a portion of the real property located at 75 South Frontage Road, Vail, Colorado to Vail MOB, LLC for the purchase price of $5 million is in the best interest of the public health, safety and welfare; and WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the sale of real property by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the sale of a portion of the real property located at 75 South Frontage Road, Vail, Colorado, as generally described in Exhibit A attached hereto and incorporated herein by this reference, to Vail MOB, LLC, for the purchase price of $5 million, in accordance with the terms of a purchase and sale agreement to be negotiated by Town staff and thereafter approved by resolution of the Town Council. 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 6th day of March, 2012 and a public hearing for second reading of this Ordinance set for the 20th day of March, 2012, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andy Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of March, 2012. ATTEST: Lorelei Donaldson, Town Clerk 2 Andy 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. 4 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 5th day of April, 2012. Witness my hand and seal this s day of , 2012. Tammy e Depu (seal) ORDINANCE NO. 4 SERIES 2012 AN ORDINANCE AUTHORIZING THE SALE OF A PORTION OF THE REAL PROPERTY LOCATED AT 75 SOUTH FRONTAGE ROAD, VAIL, COLORADO (THE TOWN HALL PROPERTY) TO VAIL MOB, LLC FOR THE PURCHASE PRICE OF $5 MILLION, 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 Vail Town Charter; WHEREAS, the Town Council finds and determines that the sale of a portion of the real property located at 75 South Frontage Road, Vail, Colorado, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property "), to Vail MOB, LLC, will enable beneficial redevelopment of the site to include private improvements and a new Town Hall; WHEREAS, currently the Property is owned by the Vail, Colorado, Municipal Building Authority (the "Authority "), a Colorado non - profit corporation; WHEREAS, the Authority was originally incorporated in 1970, and then again in 1985, with the purpose of financing the construction of Town facilities on the Property; WHEREAS, pursuant to Article III, Section 3 of the Authority's Articles of Incorporation, the Authority is authorized to convey real property to the Town once any outstanding debt on such real property is fully satisfied; WHEREAS, pursuant to Article XI of the Authority's Articles of Incorporation, all property of the Authority must be conveyed to the Town and to no other party; WHEREAS, in 1985, in accordance with Article III, Section 3 of its Articles of Incorporation, the Authority conveyed the other half of the real property located at 75 South Frontage Road, Vail, Colorado, to the Town, because the outstanding debt on such property had been fully satisfied; WHEREAS, similarly, all outstanding debt on the Property has been fully satisfied; WHEREAS, on or about March 22, 2012, the Authority conveyed the Property to the Town in accordance with Article III, Section 3 of its Articles of Incorporation; WHEREAS, the Town Council accepted such conveyance by Resolution No. 15, Series of 2012; WHEREAS, the Town Council commissioned both a real estate appraisal of the portion of real property to be sold and a study to consider the economic impact on the Town of the redevelopment of the adjoining real property; WHEREAS, based on the real estate appraisal and the economic impact study, the Town Council finds and determines that the purchase price of $5 million for the purchase the Property is fair and equitable; WHEREAS, the Town Council finds and determines that the sale of the Property to Vail MOB, LLC for the purchase price of $5 million is in the best interest of the public health, safety and welfare; WHEREAS, the Town Council finds and determines that the sale of the property to Vail MOB, LLC will ensure the long -term presence of the existing world class health care and medical research facilities in the Town of Vail; and WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the sale of real property by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the sale of a portion of the real property located at 75 South Frontage Road, Vail, Colorado, more particularly described in Exhibit A attached hereto and incorporated herein by this reference, to Vail MOB, LLC, for the purchase price of $5 million, in accordance with the terms of a purchase and sale agreement to be negotiated by Town staff and thereafter approved by resolution of the Town Council. 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. 2 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 6th day of March, 2012 and a public hearing for second reading of this Ordinance set for the P day of April, 2012, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andy Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of April, 2012. ATTEST: Lorelei Donaldson, Town Clerk 3 Andy Daly, Mayor j • 1 4 !!•y 1 .yip. i ► A M I to N N LU VI N 7 = =04 W�z� to Qz 0 0 ae IL 1 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 7th day of March, 2012. Witness my hand and seal this 7 +� day of j rA_ , 2012. ,- Tammy el Town of Vai ep Clerk al) 14 Op V'9 SEAL two 96"See ORDINANCE NO. 5 SERIES OF 2012 AN ORDINANCE AMENDING SECTION 3 -3 -2 ( "APPOINTMENT OF BOARD MEMBERS "), AND SECTION 3 -3 -3, ( "MEMBERSHIP; TERMS "), VAIL TOWN CODE, RELATING TO ELIGIBILITY AND TERMS OF MEMBERS OF THE ARTS BOARD, 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, pursuant to a recommendation from the Town of Vail Arts Board (the "Board "), the Council desires to amend the terms of the Art Board ordinance to reduce the Board's members, to clarify Board member requirements, and to eliminate required participation from persons serving on other Town boards; and WHEREAS, the Council has determined that the passage of this ordinance preserves the public property, health, welfare, peace and safety of the Town of Vail, and the amendments set forth in this ordinance are in the best interest of the Town, its guests and its inhabitants. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 3 -3 -2, Vail Town Code, is hereby amended as follows: (Text that is to be deleted is str+skRR. Text that is to be added is bold). The Town Council hereby appoints the Vail Arts Board composed of nine (9) 1) members who shall act in accordance with the Charter, this Chapter, the direction of the Town Council, the ordinances of the Town and shall be appointed and serve as provided in this Chapter. Section 2. Section 3 -3 -3, Vail Town Code, is hereby amended as follows: (Text that is to be deleted is s riskOR. Text that is to be added is bold). The Arts Board shall consist of nine (9) tea) members appointed by the Town Council. , aPA Fnembe . In addition, the Arts Board may consist of honorary advisory members who shall not have the power to vote on issues which come before the Board. The number and term of such advisory members shall be at the discretion of the Town Council. All members of the Arts Board shall be individuals who have demonstrated interest or expertise in architecture, art criticism, art education, art history, foreign arts, graphic arts, interior design, landscape architecture, Town planning, or other art- and design - related fields, or who have demonstrated a strong interest in the visual arts and civic improvement. All members shall either be residents of the Town, or own property within Ordinance No. _, Series of 2012 the Town. The terms of the eight (8) members at of the Arts Board shall be two (2) thFee -(3) years on an overlapping basis and shall expire on March 31 of the year of termination. 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 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 6th day of March, 2012 and a public hearing for second reading of this Ordinance set for the 20th day of March, 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. _, Series of 2012 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 5th day of April, 2012. Witness my hand and seal this day of , 2012. C Tammy l4nel Town of Vail Dept Clerk (seal) SEA • ORDINANCE NO. 6 SERIES OF 2012 ORDINANCE NO. 6, SERIES OF 2012, AN ORDINANCE AMENDING SECTION 12- 7H -3, PERMITTEDAND CONDITIONAL USES, FIRST FLOOR OR STREET LEVEL, ADDING "TEMPORARY BUSINESS OFFICE" AS A CONDITIONAL USE IN THE LIONSHEAD MIXED USE 1 DISTRICT, 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 Vail Town Charter; WHEREAS, the Vail Town Council found that the redevelopment of Lionshead would cause the displacement of business offices: and WHEREAS, the Vail Town Council found that the preservation of business offices within the town was necessary to maintain established community qualities and economic values and prevent their relocation outside of the town; and WHEREAS, the Vail Town Council adopted Ordinance No. 26, Series of 2004, on November 16, 2004, which established "temporary business office" as a conditional use in the Lionshead Mixed Use 1 District and created a definition for the land use in order to maintain business offices within the town on a temporary basis; and WHEREAS, Ordinance No. 26, Series of 2004, contained a provision in Section 2 causing the Ordinance to become null and void and the temporary business office to cease being a conditional use on December 31, 2008; and WHEREAS, the Vail Town Council adopted Ordinance No. 22, Series of 2007, on August 7, 2007, which amended the definition for temporary business office and established use specific criteria and standards for the land use within Chapter 16, Ordinance No. 6, Series of 2012 Conditional Use Permits, Vail Town Code; and WHEREAS, Section 12 -2 -2 Definitions of Words, Vail Town Code, defines a temporary business office as, "An office for the conduct of general business and service activities and transactions for a limited time period to accommodate the temporary displacement of an existing business office within the town of Vail due to redevelopment construction activities." 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; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its March 5, 2012 public hearing, and has submitted its recommendation to the Vail Town Council; and 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; and 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; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. Ordinance No. 6, Series of 2012 2 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 reestablish temporary business office as a conditional use within the Lionshead Mixed Use 1 District. (Text that is to be deleted is stfiekee. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 12 -7H -3 (in part) is hereby amended as follows: 12 -7H -3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk -up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12 -3-4 of this title. B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accommodation units. Attached accommodation units. Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. Lodges. Major arcades. Ordinance No. 6, Series of 2012 3 Multiple - family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Temporary business offices. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12 -3-4 of this title. 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. 6, Series of 2012 4 Y � INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3`d day of April, 2012, and a public hearing for second reading of this Ordinance set for the 17th day of April, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 6, Series of 2012 9 Andrew P. Daly, Mayor ORDINANCE NO. 3 SERIES OF 2012 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, DISPATCH SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2012 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 2012 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2011, adopting the 2012 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 2012 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 188,950 Capital Projects Fund 9,917,904 Real Estate Transfer Tax Fund 14,241,661 Conference Center Fund 8,885,000 Dispatch Services Fund 133,159 Heavy Equipment Fund 330,000 Total $33,696,674 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. 3, Series of 2012 part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of April, 2012, and a public hearing shall be held on this Ordinance on ".1 '1 t,- , --;I ..F Fh.. T....... ..F \ /.,.I r 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 18th day of April, 2012. Witness my hand and seal this PSf! day of , 2012. 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 18th day of April, 2012. l Witness my hand and seal this — day of 2012. T my e own of Vail ut Cler (seal) c9o)i4�A ORDINANCE NO. 6 SERIES OF 2012 ORDINANCE NO. 6, SERIES OF 2012, AN ORDINANCE AMENDING SECTION 12- 7H-3, PERMITTED AND CONDITIONAL USES, FIRST FLOOR OR STREET LEVEL, ADDING "TEMPORARY BUSINESS OFFICE" AS A CONDITIONAL USE IN THE LIONSHEAD MIXED USE 1 DISTRICT, 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 Vail Town Charter; WHEREAS, the Vail Town Council found that the redevelopment of Lionshead would cause the displacement of business offices: and WHEREAS, the Vail Town Council found that the preservation of business offices within the town was necessary to maintain established community qualities and economic values and prevent their relocation outside of the town; and WHEREAS, the Vail Town Council adopted Ordinance No. 26, Series of 2004, on November 16, 2004, which established "temporary business office" as a conditional use in the Lionshead Mixed Use 1 District and created a definition for the land use in order to maintain business offices within the town on a temporary basis; and WHEREAS, Ordinance No. 26, Series of 2004, contained a provision in Section 2 causing the Ordinance to become null and void and the temporary business office to cease being a conditional use on December 31, 2008; and WHEREAS, the Vail Town Council adopted Ordinance No. 22, Series of 2007, on August 7, 2007, which amended the definition for temporary business office and established use specific criteria and standards for the land use within Chapter 16, Ordinance No. 6, Series of 2012 Conditional Use Permits, Vail Town Code; and WHEREAS, Section 12 -2 -2 Definitions of Words, Vail Town Code, defines a temporary business office as, "An office for the conduct of general business and service activities and transactions for a limited time period to accommodate the temporary displacement of an existing business office within the town of Vail due to redevelopment construction activities." 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; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its March 5, 2012 public hearing, and has submitted its recommendation to the Vail Town Council; and 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; and 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; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. Ordinance No. 6, Series of 2012 2 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 reestablish temporary business office as a conditional use within the Lionshead Mixed Use 1 District. (Text that is to be deleted is StFi6keR. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 12 -7H -3 (in part) is hereby amended as follows: 12 -7H -3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: A. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk -up teller facilities. Child daycare centers. Eating and drinking establishments. Employee housing units, as further regulated by chapter 13 of this title. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. B. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accommodation units. Attached accommodation units. Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. Financial institutions, other than banks. Liquor stores. Lodges. Major arcades. Ordinance No. 6. Series of 2012 3 Multiple - family residential dwelling units, timeshare units, fractional fee clubs, and lodge dwelling units. Temporary business offices. Theaters. Additional uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions of section 12 -3 -4 of this title. 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. 6, Series of 2012 11 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of April, 2012, and a public hearing for second reading of this Ordinance set for the 17th day of April, 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 17th day of April, 2012. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 6, Series of 2012 Andrew P. Daly, Mayor r 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 20th day of June, 2012. Witness my hand and seal thi —day of wf)4 12012. amm gel I Deputy Clerk (seal) 2• y ' 3 ' Q+ • O .� O: ORDINANCE NO. 7 Series of 2012 AN ORDINANCE REPEALING AND REENACTING THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO ARTICLE 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION OF ONE EXISTING FRACTIONAL FEE CLUB UNIT TO ONE DWELLING UNIT, LOCATED AT 16 VAIL ROAD (THE SEBASTIAN) / A PORTION OF LOTS M, N, AND O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Ordinance No. 16, Series of 2004, established the approved development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn; and WHEREAS, amendments to a Special Development District are permitted pursuant to the parameters set forth for such in Section 12- 9A -10, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on May 14, 2012 to consider the proposed amendment in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval, with conditions, to the Vail Town Council by a vote of 7 -0 -0; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12 -9A -8, 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 WHERAS, the Town Council finds that the special development district amendment does comply with the standards listed Article 12 -9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; and WHEREAS, the Vail Town Council finds that the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS, the Vail Town Council finds that the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds that the special development district amendment does promote 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; and WHEREAS, the Vail Town Council finds that temporary approval of this amendment will have no negative effect on parking since the existing penthouse dwelling unit can not yet be occupied; and Ordinance No. 7, Series of 2012 first reading 1 WHEREAS, the approval of this special development district amendment, and the development standards in regard thereto, shall not establish precedence or entitlements elsewhere within the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. PURPOSE The purpose of this ordinance is to amend Phase IV of Special Development District No. 6 to increase the number of dwelling units from one to two and decrease the number of fractional fee club units from 50 to 49 for the purpose of converting a fractional fee club unit to a dwelling unit. Section 2. Section 2, Development Standards, of Ordinance No. 16, Series of 2004, is hereby amended as follows (all additions are illustrated with bold italics, deletions are illustrated with 640ketheuo, and text not affected has been omitted): Density -- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee Club Units The number of units permitted in Phase IV shall not exceed the following: Dwelling Units — 4- 2 Accommodation Units - 100 Fractional Fee Club Units — 58 49 Type III Employee Housing Units -18 (38 employee beds totaling 9,618 square feet of floor area) 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. 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. 7, Series of 2012 first reading 2 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19'h day of June, 2012 and a public hearing for second reading of this Ordinance set for the 3`d day of July, 2012, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 7, Series of 2012 first reading 3 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. 7 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 9t" day of July, 2012. �L Witness my hand and seal this day of , 2012. <Z�2 Tow my Na eputy Clerk ocov-&� ORDINANCE NO. 7 Series of 2012 AN ORDINANCE REPEALING AND REENACTING THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO ARTICLE 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION OF ONE EXISTING FRACTIONAL FEE CLUB UNIT TO ONE DWELLING UNIT, LOCATED AT 16 VAIL ROAD (THE SEBASTIAN) / A PORTION OF LOTS M, N, AND O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Ordinance No. 21, Series of 2001, established the approved development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn; and WHEREAS, Ordinance No. 16, Series of 2004, amended the approved development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn; and WHEREAS, amendments to a Special Development District are permitted pursuant to the parameters set forth for such in Section 12- 9A -10, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on May 14, 2012 to consider the proposed amendment in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval, with conditions, to the Vail Town Council by a vote of 7 -0 -0; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12 -9A -8, 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 WHERAS, the Town Council finds that the special development district amendment does comply with the standards listed Article 12 -9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; and WHEREAS, the Vail Town Council finds that the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS, the Vail Town Council finds that the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds that the special development district amendment does promote the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a mannerthat conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council finds that temporary approval of this amendment will have no negative effect on parking since the existing penthouse dwelling unit can not yet be Ordinance No. 7, Series of 2012 second reading 1 occupied; and WHEREAS, the approval of this special development district amendment, and the development standards in regard thereto, shall not establish precedence or entitlements elsewhere within the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. PURPOSE The purpose of this ordinance is to amend Phase IV of Special Development District No. 6 to increase the number of dwelling units from one to two and decrease the number of fractional fee club units from 50 to 49 for the purpose of converting a fractional fee club unit to a dwelling unit. The Approved Development Plans for Phases I, III & V remain approved and unchanged for the development of Special Development District NO.6 within the Town of Vail, unless they have otherwise expired. Only the Approved Development Plan for Phase IV, the Vail Plaza Hotel is hereby amended and adopted. Section 2. AMENDMENT PROCEDURES FULFILLED. PLANNING COMMISSION REPORT The approval procedures described in Section 12 -9A of the Vail Town Code have been fulfilled, and the Vail Town Council has received the recommendation of the Planning & Environmental Commission for a major amendment to the Approved Development Plan for Special Development District No.6, Vail Village Inn, Phase IV, Vail Plaza Hotel. Requests for amendments to the Approved Development Plan shall follow the procedures outlined in Section 12 -9A of the Vail Town Code. Section 3. SPECIAL DEVELOPMENT DISTRICT NO. 6 The Special Development District and the major amendment to the Approved Development Plan for Phase IV are established to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Vail Comprehensive Plan. Special Development District No.6 is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning &Environmental Commission, and has been established since there are significant aspects of the Special Development Distri ct that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. DEVELOPMENT STANDARDS - SPECIAL DEVELOPMENT DISTRICT NO.6, VAIL VILLAGE INN, PHASE IV, VAIL PLAZA HOTEL A. Development Plan- - The Approved Development Plan for Special Development District No.6, Vail Village Inn, Phase IV, Vail Plaza Hotel shall include the following plans and materials prepared by Zehren and Associates, Inc., dated July 6, 2004 and stamped approved by the Town of Vail, dated July 20, 2004: (as may be further revised by the Town of Vail Design Review Board) A. Site Illustrative Plan Ordinance No. 7, Series of 2012 second reading 2 B. Site Vignettes Key Plan (noted "for illustration purposes only') C. Site Vignettes D. Site Plan (revised) E. Level Minus Two F. Level Minus One G. Level Zero H. Level One I. Level One &1/2 J. Level Two K. Level Three L. Level Four M. Level Five N. Level Six O. Roof Plan P. Roof Plan (Mechanical Equipment) Q. Street Sections (Vail Road Elevation /North Frontage Road Elevation) R. Plaza Sections (South Plaza Elevation /East Plaza Elevation) S. Building A Elevations T. Building A Sections U. Building B Elevations V. Building B Sections W. Building Height Plan 1 (Absolute Heights/ Interpolated Contours) X. Building Height Plan 2 (Maximum Height Above Grade /Interpolated Contours) Y. Pool Study (Pool Sections) Z. Vail Road Setback Study AA. Loading and Delivery plan BB. Street Entry Studies (Vail Road /South Frontage Road) CC. Sun Study DD. Landscape Improvements Plan EE. Off -site Improvements Plan B. Permitted Uses- - The permitted uses in Phase IV of Special Development District No. 6 shall be as set forth in Section 12 -7 of the Vail Town Code. C. Conditional Uses- - Conditional uses for Phase IV shall be set forth in Section 12 -7A -3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12 -16 of the Town of Vail Zoning Regulations. D. Density -- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee Club Units The number of units permitted in Phase IV shall not exceed the following: Dwelling Units - 2 Accommodation Units - 100 Fractional Fee Club Units - 49 Type III Employee Housing Units -18 (38 employee beds totaling 9,618 square feet of floor area) E. Density -- Floor Area The gross residential floor area (GRFA), common area and commercial square Ordinance No. 7, Series of 2012 second reading 3 footage permitted for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. F. Setbacks- - Required setbacks for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. The front setback along Vail Road shall be a minimum of 16'. G. Height- - The maximum building height for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. For the purposes of SDD No.6, Phase IV, calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of sloping roof unless otherwise specified in Approved Development Plans. H. Site Coverage - The maximum allowable site coverage for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. I. Landscaping- - The minimum landscape area requirement for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. J. Parking and Loading- - The required number of off - street parking spaces and loading /delivery berths for Phase IV shall be provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. In no instance shall Vail Road or the South Frontage Road be used for loading /delivery or guest drop- off /pick -up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the Zoning Regulations or ordinances of the Town. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail. Section 5. APPROVAL AGREEMENTS FOR SPECIAL DEVELOPMENT DISTRICT NO.6. PHASE IV. VAIL PLAZA HOTEL 1. That the Developer coordinates efforts with the owners of the Gateway Building, Phase Il, Phase III and Phase V to create a below ground accessway for loading and delivery to the adjoining properties within the District from the Vail Plaza Hotel to resolve potential loading and delivery concerns. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. The intent of this condition is to create an interconnected underground loading and delivery system accessible to all of Special Development District No.6, Vail Village Inn. Ordinance No. 7, Series of 2012 second reading 4 2. That the Developer submits detailed civil engineering drawings of the required off -site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, Vail Road landscape median improvements, etc.) as identified on the off -site improvements plan to the Town of Vail Public Works Department for review and approval, prior to application for a building permit. 3. That the Developer submits the following plans to the Department of Community Development, for review and approval, as a part of the building permit application for the hotel: a. An Erosion Control and Sedimentation Plan; b. Construction Staging and Phasing Plan; c. A Stormwater Management Plan; d. A Site Dewatering Plan; and e. A Traffic Control Plan. 4. That the developer records a public pedestrian easement between the hotel and the Phase III Condominiums and between the Phase V Building property lines. The easement shall be prepared by the developer and submitted for review and approval of the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 5. That the Developer records a deed - restriction, which the Town is a party to, on the Phase IV property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provision for vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit. 6. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 7. That the Developer posts a bond with the Town of Vail to provide financial security for the 125% of the total cost of the required off -site public improvements The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the Developer, in cooperation with the Town of Vail Public Works Department to design and construct a left -turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left -turns from the loading /delivery. The construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 9. That the Developer provides a centralized loading /delivery facility for the use of all owners and tenants within Special Development District No.6. Access or use of the facility shall not be unduly restricted for Special Development District No.6. The loading /delivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and /or private loading /delivery programs, sanctioned by the Town of Vail, to mitigate loading /delivery impacts Ordinance No. 7, Series of 2012 second reading 5 upon the Vail Village loading /delivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail and /or others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 10. That the Developer executes a Developer Improvement Agreement to cover the completion of the required off -site improvements, prior to the issuance of a building permit. 11. That the Developer records Type III deed - restrictions of each of the required employee housing units, with the Eagle County Clerk & Recorder's Office, prior to the issuance of a Temporary Certificate of Occupancy. 12. That the required Type III deed - restricted employee housing units not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 13. That the Developer submits a copy of an approved access permit from the Colorado Department of Transportation verifying acceptance of the access points illustrated, as designed, on the Approved Development Plan, dated July 6, 2004. 14. That the Developer shall contribute a one time payment to the Town of Vail in the amount of $35,000 for the East Meadow Drive Art in Public Places archway project, or other Town of Vail approved East Meadow Drive Art in Public Places project, (the "Projects ") as a means of mitigating development impacts associated with the construction of the Vail Plaza Hotel. Said payment shall be submitted to the Town of Vail Public Works Department, prior to the issuance of a building permit for the Vail Plaza Hotel. Should the Town fail to commence with the design and construction of the Projects within one year of the date of the issuance of a Temporary Certificate of Occupancy for the Vail Plaza Hotel, the one -time payment of $35,000 shall be refunded to the Developer. Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the 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 7. 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 8. 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. 7, Series of 2012 second reading 6 Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of June, 2012 and a public hearing for second reading of this Ordinance set for the 3rd day of July, 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`d day of July, 2012. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 7, Series of 2012 second 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. 8 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 7th day of June, 2012. c Witness my hand and seal this -7 day of , 2012. Ta ti=eputy To C „ �yo•NM0/ ORDINANCE NO. 8 SERIES OF 2012 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP TO REZONE THE VAIL GOLF COURSE CLUBHOUSE PARCEL FROM THE OUTDOOR RECREATION DISTRICT TO THE GENERAL USE DISTRICT, LOCATED AT 1778 SUNBURST DRIVEIVAIL GOLF COURSE CLUBHOUSE PARCEL, 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 Vail Town Charter; WHEREAS, zone district boundaries shown on the Official Zoning Map may be amended pursuant to the provisions of Section 12 -3 -7, Amendment, Vail Town Code; WHEREAS, the Vail Golf Course clubhouse and parking lot are located on separate parcels. The Vail Golf Course clubhouse site is located in the Outdoor Recreation District and the parking lot is located in the General Use District. The purpose of this ordinance is to consolidate the Vail Golf Course clubhouse and parking lot into the same zone district; WHEREAS, on November 8, 2011, the Vail electorate approved ballot question #1 which re- allocated conference center funds, in part, for the "Expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center, including multi -use community space." The purpose of this ordinance is also to facilitate the expansion and improvement of the Vail Golf Course clubhouse in response to the November 8, 2011, election; WHEREAS, on May 14, 2012, the Planning and Environmental Commission held a public hearing and approved, with conditions, a final plat establishing the Vail Golf Course Clubhouse Parcel. At that same hearing, the Planning and Environmental Commission held a public hearing and forwarded a recommendation of approval for the rezoning of the Vail Golf Course Clubhouse Parcel from the Outdoor Recreation District to the General Use District by a vote of 4 -3 -0; WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find 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 find that the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development Ordinance No. 8, Series of 2012 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. Pursuant to Section 12 -3 -7, Amendment, Vail Town Code, this ordinance adopts amendments to the zone district boundaries shown on the Official Zoning Map to rezone the Vail Golf Course Clubhouse Parcel, located at 1778 Sunburst Drive, from the Outdoor Recreation District to the General Use District as further described in Exhibit A of this ordinance. This amendment to the Official Zoning Map shall be effective upon the adoption of this ordinance. 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 5th day of June, 2012, and a public hearing for second reading of this Ordinance set for the 19th day of June, 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. 8, Series of 2012 ►I Vail Golf Course Clubhc (1775 Sunburst Drive) e Feet 0 125 250 L t Mo6fied: Apnl 20, 2012 TOWN Of V!17 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 18th day of July, PAQPA Witness my hand and seal this day of--s:b\ , 2012. i Town uty er ( seal) re VA1L � •• o O• • Ga • O • •O CO�- ORDINANCE NO. 9 SERIES OF 2012 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 2012 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 2012 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2011, adopting the 2012 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 2012 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 412,774 Capital Projects Fund 605,000 Real Estate Transfer Tax Fund 12,000 Dispatch Services Fund 260,000 Heavy Equipment Fund 170,000 Total $ 1,459,774 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. 9, Series of 2012 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 17th day of July, 2012, and a public hearing shall be held on this Ordinance on the 7th day of August, 2012, 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 Ordinance No. 9, Series of 2012 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- STORAGEID ESKTOPS $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- STORAGEID ESKTOPS $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- STORAGEID ESKTOPS $IWCAMPBELLIDESKTOPIEVERVAIL REZONING -3 . DOCX °y 4 i a01 t _ c _ ` � o ` ,•� ��,�:. tµJ't Cpl _ A 'V 0.1; l` � � ���s •• � '1� A�� �•fl�, °y 4 a01 t _ _ ` � o ` ,•� ��,�:. tµJ't Cpl _ 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 9� Seel >: �ORAD 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- STORAGEID ESKTOPS$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- STORAGEID ESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL SDD -3.DOC B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots Glen 1 G0FnMeFGial Sete C D 9.100 I YGR Tract K E .R 8.322 Dedicated Open Space 32.078 Roads 4.700 TOTAL 97955- 96.155 Development Plan -- Required -- Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development e.ea D 6 i17u Town Gou ►sib A development plan for Development Area E shall be established through the review and approval of a design review application and /or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12 -9A, Vail Town Code. Permitted Uses D. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses 3 IIVWS- STORAGEID ESKTOPS$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, GleR LyeR Gommern-i-al Cite Throe riuiellinn , RitS, tun of T-GWR -Gede Density- -Floor Area D. AFea PI,GlGn Lyen i�emmeFGial Cite The development_ plan far Chic. �ents, ' Commercial Square Footage FequiFeFneat6-. 4 1128/2012 IIVWS- STORAGEID ESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL SDD -3.DOC Development Plans Site specific development plans are approved for Area A. and Area ^ The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The developmeRt plan AFea D aFe rempFised ef these plans- sub.m.itted by the Glen Lyon 0 . The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, and Millrace IV., and Area ^ 1116 a FeqUiFeFneRtG-. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks Height E. ATea -v. GleR I pion CommeFG+ial Cite 51% of the roof shall have a height between 32 anri ill! feet 49% of the roof area shell have a height under 32 feet. R the peFmet f the building for Area f1 height__' �, height Site Coverage AFea D; No meFe than 0 Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50 %), and in Areas C and D, sixty percent (60 %), of the area shall be landscaped unless otherwise indicated on the site specific development plans. 5 11!28%2012 IIVWS- STORAGEID ESKTOPS$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 D�In TAFea Il a manhole OR the hreweni seniiGe line shall he nrnYided H-. IInr Area D the hrewen/ management _hall n_+ enero+e the hreweFy 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 Umite. in Are. D shall only he alle wei) +n f n . Additional Amenities and Approval Agreements for Special Development District No. 4. 6 11!28/2012 IIVWS- STORAGEID ESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL SDD -3.D0C ■ ■. ._ .- ... wa W- Mom Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and DevelepmeRt AFea --o; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls D�In TAFea Il a manhole OR the hreweni seniiGe line shall he nrnYided H-. IInr Area D the hrewen/ management _hall n_+ enero+e the hreweFy 4-.G. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J-. H. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and 1). K. two emnleyee dwelling Umite. in Are. D shall only he alle wei) +n f n . Additional Amenities and Approval Agreements for Special Development District No. 4. 6 11!28/2012 IIVWS- STORAGEID ESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL SDD -3.D0C The develepment plan for this area has expired. See - QFdiRanse- PkG-.-B-, 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 shall -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- STORAGEID ESKTOPS$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- STORAGEID ESKTOPS$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 -,<' day 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- STORAGEID ESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL PARKING -3.DOC 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- STORAGEID ESKTOPS$IWCAMPBELLIDESKTOPIEVER VAIL PARKING -3.DOC Core Area Parking Map 11 Lionshead J r- gas IRE. Commercial Core Area I ---L-----j F.. jExhib2itAJ 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. 10 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 5th day of September, 2012. L Witness my hand and seal this _ � day of �Q�'Yl d� 2012. . �-A-P a e ail D (seal) �O. S v, . . ORDINANCE NO. 10 SERIES OF 2012 ORDINANCE NO. 10, SERIES OF 2012, AN ORDINANCE AMENDING CHAPTER 12- 22, VIEW CORRIDORS AND SECTION 14- 10 -3C, SITE PLANNING, VAIL TOWN CODE TO ALLOW FOR THE MAINTENANCE OF ADOPTED VIEW CORRIDORS IMPACTED BY VEGETATION, 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 Vail Town Charter; WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the purpose of the amendments is to establish regulations allowing for the maintenance of adopted view corridors negatively impacted by vegetation; and, 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; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended denial of these amendments at its August 13, 2012 public hearing, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council adopted Ordinance No. 18, Series of 1992, on August 4, 1992, which amended the Vail Village Urban Design Consideration and created a new chapter in the Vail Town Code to provide for the protection of certain views within the Town of Vail; and WHEREAS, the Vail Town Council finds that the preservation of the Town's adopted view corridors may require the maintenance of vegetation negatively affecting the established purpose for a view corridor: and 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; and 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 Ordinance No. 10. Series of 2012 residential community of the highest quality; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. 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 Chapter 12 -22, View Corridors, and Section 14- 10 -3C, Vail Town Code to allow for the maintenance of adopted view corridors negatively impacted by vegetation. (Text that is to be deleted is StF . Text that is to be added is bold. Sections of text that are not amended may be omitted.) SECTION 2. Chapter 12 -22 (in part) is hereby amended as follows: 12 -22 -3: VEGETATION; MAINTENANCE: The maintenance of vegetation through limbing and pruning may be necessary for preservation of the view corridors set forth in this Chapter. The removal of vegetation shall only be permitted when said vegetation is found to be detrimental to the view corridor purposes set forth in this Chapter, as determined by the Design Review Board. Mitigation of vegetation removal may require replacement to preserve and enhance the landscape character of the area. 12 -22 -6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS. (in part) No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with this section. An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, or by application of any resident or property owner in the town, or by the administrator or his /her designee. Ordinance No. 10. Series of 2012 C. Criteria For Encroachment: No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria. 1. That the literal enforcement of this chapter seGUOR 42 22 3 of thi8 Ghaptw would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. SECTION 3. Section 14 -10 -3C (in part) is hereby amended as follows: C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased, er those essential for creating defensible space, and those found to impact view corridors as further regulated by Chapter 12 -22, View Corridors, Vail Town Code. Mitigation may be required for tree removal. 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 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 Ordinance No. 10, Series of 2012 3 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 September, 2012, and a public hearing for second reading of this Ordinance set for the 18th day of September, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 10. Series of 2012 0 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. 10 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 19th day of September, 2012. 3 ess my hand and seal this day of , 2012. Clerk (seal) '• G • t • • C�ADO ••,: ORDINANCE NO. 10 SERIES OF 2012 ORDINANCE NO. 10, SERIES OF 2012, AN ORDINANCE AMENDING CHAPTER 12- 22, VIEW CORRIDORS AND SECTION 14- 10 -3C, SITE PLANNING, VAIL TOWN CODE TO ALLOW FOR THE MAINTENANCE OF ADOPTED VIEW CORRIDORS IMPACTED BY VEGETATION, 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 Vail Town Charter; WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; and, WHEREAS, the purpose of the amendments is to establish regulations allowing for the maintenance of adopted view corridors negatively impacted by vegetation; and, 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; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended denial of these amendments at its August 13, 2012 public hearing, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council adopted Ordinance No. 18, Series of 1992, on August 4, 1992, which amended the Vail Village Urban Design Consideration and created a new chapter in the Vail Town Code to provide for the protection of certain views within the Town of Vail; and WHEREAS, the Vail Town Council finds that the preservation of the Town's adopted view corridors may require the maintenance of vegetation negatively affecting the established purpose for a view corridor: and 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; and 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 Ordinance No. 10, Series of 2012 residential community of the highest quality; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. 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 Chapter 12 -22, View Corridors, and Section 14- 10 -3C, Vail Town Code to allow for the maintenance of adopted view corridors negatively impacted by vegetation. (Text that is to be deleted is sfriskeR. Text that is to be added is bold. Sections of text that are not amended may be omitted.) SECTION 2. Chapter 12 -22 (in part) is hereby amended as follows: 12 -22 -3: VEGETATION; MAINTENANCE: The maintenance of vegetation through limbing and pruning may be necessary for preservation of the view corridors set forth in this Chapter. The removal of vegetation shall only be permitted when said vegetation is found to be detrimental to the view corridor purposes set forth in this Chapter, as determined by the Design Review Board. Mitigation of vegetation removal may require replacement to preserve and enhance the landscape character of the area. 12 -22 -6: ENCROACHMENTS INTO EXISTING VIEW CORRIDORS: (in part) No part of a structure shall be permitted to encroach into any view corridor set forth in this chapter unless an encroachment is approved in accordance with this section. An application for approval to encroach into an existing view corridor may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, or by application of any resident or property owner in the town, or by the administrator or his /her designee. Ordinance No. 10. Series of 2012 K C. Criteria For Encroachment.- No encroachment into an existing view corridor shall be permitted unless the applicant demonstrates by clear and convincing evidence that the encroachment meets all of the following criteria: 1. That the literal enforcement of this chapter ses-tian 42 22 -3 of ihiS Ghaeter would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would not be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would not be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant complies with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will not diminish the integrity or quality nor compromise the original purpose of the preserved view. SECTION 3. Section 14 -10 -3C (in part) is hereby amended as follows: C. Removal of trees, shrubs, and other native vegetation shall be limited to removal of those essential for development of the site, those identified as diseased, er those essential for creating defensible space, and those found to impact view corridors as further regulated by Chapter 12 -22, View Corridors, Vail Town Code. Mitigation may be required for tree removal. 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 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 Ordinance No. 10, Series of 2012 3 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 September, 2012, and a public hearing for second reading of this Ordinance set for the 18th day of September, 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 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of September, 2012. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 10. Series of 2012 0 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. 11 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 19th day of September, 2012. Witness my hand and seal this day of Town of Vail Clerk - � (seal) 0°W•N••• °••F: N '•9i • EAR, ) -A. � ORDINANCE NO. 11 SERIES OF 2012 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, 2013, 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. 11, Series 2012 -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, on November 1, 2011, the Vail Town Council extended the temporary approval of the subject sign regulations until November 19, 2012, through the adoption of Ordinance No. 23, 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. 23, Series of 2011, sign regulations from November 19, 2012, to November 19, 2013, 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): Ordinance No. 11, Series 2012 -2- 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 0 E. Special Provisions: a 1. An informational and directional sign shall onlybe 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 maybe appealed to the Design Review Board, pursuant to this Title. Ordinance No. 11, Series 2012 -3- F. Expiration: The provisions of this section shall expire on November 19, 2013. 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 18`h day of September, 2012, and a public hearing for second reading of this Ordinance set for the 2nd day of October, 2012, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andy Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 11, Series 2012 -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. 11 Series of 2012, on the Town of Vail's web site, www.vailqov.com, on the 3rd day of October, 2012. Witness my hand and seal this � —day of �J[�jI'O /lam , 2012. (seal) �NN•OF� SEAL eoZ ..... ORP W •�0 ORDINANCE NO. 11 SERIES OF 2012 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, 2013, 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. 11, Series 2012 -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, on November 1, 2011, the Vail Town Council extended the temporary approval of the subject sign regulations until November 19, 2012, through the adoption of Ordinance No. 23, 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. 23, Series of 2011, sign regulations from November 19, 2012, to November 19, 2013, 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 thatthe 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): Ordinance No. 11, Series 2012 -2- 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 0 1. E. Special Provisions: 0 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 maybe appealed to the Design Review Board, pursuant to this Title. Ordinance No. 11, Series 2012 -3- F. Expiration: The provisions of this section shall expire on November 19, 2013. 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 18th day of September, 2012, and a public hearing for second reading of this Ordinance set for the 2nd day of October, 2012, 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 2nd day of October, 2012. Andrew P. Daly, Mayor Ordinance No. 11, Series 2012 -4- ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 11, Series 2012 -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. 12 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 17th day of October, 2012. Witness my hand and seal this. day of 6,k4L) � , 2012. Tammy el ail g (seal) �O�•�•1.OF SEAL ORDINANCE NO. 12 SERIES OF 2012 AN ORDINANCE REPEALING AND REENACTING CHAPTER 10 -1, BUILDING CODES, VAIL TOWN CODE, ADOPTING BY REFERENCE THE 2012 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL PERFORMANCE CODE, 2011 EDITION OF THE NATIONAL ELECTRICAL CODE, 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS AND WITH REGARD TO THE ABOVE - DESCRIBED CODES, ADOPTING CERTAIN APPENDICES, SETTING FORTH CERTAIN AMENDMENTS THERETO, 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 Vail Town Charter; WHEREAS, the 2009 International Building Code currently adopted by the Town of Vail has been replaced and requiring use of the 2009 International Building Code causes new buildings to meet out of date standards that limit their compatibility with technological advancements; and WHEREAS, the 2012 Editions of the International Building Code, the International Residential Code, the International Fire Code, the International Mechanical Code, the International Plumbing Code, the International Fuel Gas Code, the International Energy Conservation Code, the International Performance Code, the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings and the 2011 Edition of the National Electric Code have been published; and WHEREAS, the Building and Fire Code Appeals Board of the Town of Vail has recommended adoption of the Building Codes as set forth in this ordinance and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed repealing and reenacting Chapter 10 -1, Building Codes, further the development objectives of the Town of Vail; and WHEREAS, the 2011 edition of the National Electrical Code is required by the State of Colorado; and Ordinance No. 12, Series of 2012 WHEREAS, by adopting the 2012 Editions of the International Building Codes the Town of Vail will establish the most current standards for the removal of barriers for person with disabilities; and WHEREAS, the Vail Town Council finds that the repealing and reenacting Chapter 10 -1, Building Codes, promote the health, safety, and general welfare of the Town of Vail and promote the coordinated and harmonious development of the Town of Vail 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. Chapter 10 -1, Building Codes, Vail Town Code, is hereby repealed and reenacted to read as follows: CHAPTER1 BUILDING CODES SECTION: 10 -1 -1: Preamble 10 -1 -2. Codes Adopted By Reference 10 -1 -3: Amendments to International Building Code 10 -1 -4: Amendments to International Residential Code 10 -1 -5: Amendments to International Fire Code 10 -1 -6: Amendments to International Mechanical Code 10 -1 -7: Amendments to International Plumbing Code 10 -1 -8: Amendments to International Fuel Gas Code 10 -1 -9 Amendments to the International Energy Conservation Code 10 -1 -10 Amendments to the Uniform Code for the Abatement of Dangerous Buildings 10 -1 -11: Copies of Codes Available 10 -1 -12: Penalties 10 -1 -1: PREAMBLE: The Charter of the Town of Vail and the statutes of the State of Colorado provide that standard codes may be adopted by reference with amendments and the Town of Vail wishes to adopt the 2012 editions of the International Building Code, the International Residential Code, the International Fire Code, the International Mechanical Code, the International Plumbing Code, the International Fuel Gas Code, the International Energy Conservation Code, the International Performance Code, 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings and the 2011 edition of the National Electric Code. Ordinance No. 12, Series of 2012 2 10 -1 -2: CODES ADOPTED BY REFERENCE: A. Building Code: The International Building Code, 2012 Edition including Appendix Chapters B, C, E, G, J and K, and the International Residential Code, 2012 Edition including Appendix Chapters F and G are hereby adopted by reference. The International Building Code, 2012 Edition and the International Residential Code, 2012 Edition are published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. B. Fire Code: The International Fire Code, 2012 Edition including Appendix Chapters A, B, C, D, E, G, H and J as amended is hereby adopted by reference. The International Fire Code, 2012 Edition is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. C. Mechanical Code: The International Mechanical Code, 2012 Edition is hereby adopted by reference. The International Mechanical Code, 2012 Edition is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478 -5795. D. Plumbing Code: The International Plumbing Code, 2012 Edition is hereby adopted by reference. The International Plumbing Code, 2012 Edition is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, II 60478- 5795. E. International Fuel Gas Code: The International Fuel Gas Code, 2012 Edition is hereby adopted by reference. The International Fuel Gas Code, 2012 Edition is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, 11 60478-5795. F. Energy Code. The International Energy Conservation Code, 2012 Edition is hereby adopted by reference. The International Energy Conservation Code, 2012 Edition is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, 11 60478-5705. G. Electrical Code: The National Electrical Code, 2011 Edition is hereby adopted by reference. The National Electrical Code, 2011 Edition is published by the National Fire Protection Association Inc., 1 Batterymarch Park, Quincy, MA 02269. H. Performance Code: The International Performance Code, 2012 Edition is hereby adopted by reference. The International Performance Code, 2012 Edition is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478 -5795. Ordinance No. 12, Series of 2012 3 I. Abatement Code: The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, is hereby adopted by reference. The Uniform Code for the Abatement of Dangerous Buildings is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, 11 60478-5795. 10 -1 -3: AMENDMENTS TO INTERNATIONAL BUILDING CODE: The following amendments are hereby made to the International Building Code, 2012 Edition: SECTION 101.1 — TITLE: Title is amended as follows: These regulations shall be known as the Building Code of The Town of Vail, hereinafter referred to as "this code." SECTION 101.4 — REFERENCED CODES: Section 101.4, Referenced Codes, is hereby amended to read as follows: The other codes listed in 101.4.1 through 101.4.7 and referenced elsewhere in this code shall not be considered part of this code. SECTION 105.1.1 — ANNUAL PERMIT: Delete section in its entirety SECTION 105.2 — WORK EXEMPT FROM PERMIT: Section 105.2, Work exempt from permit, is hereby amended as follows: Item 2: Fences not over 6 feet. Note: Fences required per IBC section 3109 are not exempt from a permit. SECTION 1503.7- SNOWGUARDS/ RETENTION: With the addition of this new section to read as follows: The design of snow retention devices /snow guards shall be designed by a licensed engineer or as determined by the Building Official. SECTION 1505.6 — FIRE RETARDANT TREATED WOOD SHINGLES AND SHAKES: This section is deleted in its entirety and shall be replaced with the following text: All roof coverings and roof assemblies shall comply with Section 14- 10 -5F, which requires Class A roof coverings or Class A roof assemblies for all structures within the Town of Vail. Wood shingles and shake coverings or assemblies are prohibited except where exempted for replacement or repair per Section 14- 10 -5f, Vail Town Code. SECTION 1510.4 — ROOF COVERING: This section is amended to read as follows: Existing wood shingles or wood shakes shall be removed prior to installation of a new roof covering. SECTION 1510.7- SNOW RETENTION. With the addition of this new section to read as follows: Roofs shall be designed to prevent accumulations of snow from shedding onto exterior balconies, decks, pedestrian and vehicular exits from buildings, stairways, Ordinance No. 12, Series of 2012 4 sidewalks, streets, alleys, areas directly above or in front of gas and electrical utility meters, or adjacent properties. The design of snow retention devices shall be provided by a licensed structural engineer or as determined by the Building Official. Exception: Roof areas with a horizontal dimension of no more than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to any intersecting vertical surface. SECTION 1603.2- BOULDER WALLS: With the addition of this new section to read as follows: Boulder or rock walls more than four feet tall shall be designed by a licensed engineer. SECTION 1604.1.1- HAZARD AREA REQUIREMENTS: With the addition of this new section to read as follows: All new construction and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazards shall be designed as required by Chapter 12 -21, Hazard Regulations. SECTION 1608.2- GROUND SNOW LOADS: This section is to be deleted in its entirety and shall be replaced with the following text: Designs for roof snow loads shall be as follows: Roof pitches of less than 4:12 shall be designed to carry a one hundred (100) pound per square foot snow load and roof pitches of 4:12 and greater shall be designed to carry an eighty (80) pound per square foot snow load. There is no allowance for pitch reduction nor is there a requirement to increase loading due to wind, valleys, snow drifting or type of roof covering. Any modification for snow load design shall be accomplished using section 1604.1. SECTION 1608.2.1 - ALTERNATIVE ROOF SYSTEMS: With the addition of this new section to read as follows: Alternative roof systems shall be designed to carry a roof snow load resulting from a ground snow load of one hundred forty five (145) pound per square foot. All provisions of Section 1608 shall apply to the analysis of the roof structure except for reductions for unobstructed slippery surfaces. A licensed engineer shall be responsible for determining increased localized snow loading due to architectural building features. SECTION 1803.2.1- SOILS REPORT: With the addition of this new section to read as follows: Site specific soils and foundation investigation reports shall be prepared by a Registered Soils Engineer for the completion of construction documents. Assumption and open -hole investigations are allowed for additions to an existing building of less than two thousand (2,000) square feet of floor area. TABLE 2902.1- MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES: This Table is amended read as follows: Ordinance No. 12. Series of 2012 5 Footnote f is amended as follows: Drinking fountains are not required for an occupant load of 100 or less, or in A -2, B, M occupancies regardless of occupant load. 2. Footnote g is hereby added to read: Service sinks are recommended, but not required in B or M occupancies with an occupant load of 50 or less if a lavatory is provided. SECTION 2406.4.5 GLAZING AND WET SURFACES: Exception amended to read as follows: Exception: Glazing that is more than sixty (60) inches (1524mm) measured horizontally and in a straight line from the water's edge of a bathtub, shower, hot tub, spa, whirlpool or swimming pool. SECTION 2902.2- SEPARATE FACILITIES: Exception 2 and 3 of this section are amended to read as follows: Exception 2: Separate facilities shall not be required in structures or tenant spaces with a total occupant load including both employees and customers of 30 or less. Exception 3: Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or less 10 -1 -4: AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE: The following amendments are hereby made to the International Residential Code, 2012 Edition: SECTION 101.1 — TITLE: Title is amended read as follows: These regulations shall be known as the Building Code of The Town of Vail, hereinafter referred to as "this code." SECTION R102 — APPLICABILITY: Section R102.4, Referenced Codes and Standards, is hereby amended by adding the following text: Reference to other codes such as Plumbing, Mechanical and Electrical shall refer only to the currently adopted code of that type. SECTION R105.2- WORK EXEMPT FROM PERMIT: This section is hereby amended to read as follows: Item 2, Fences not over six (6) feet (2134 mm) high. SECTION R301.2.4- FLOODPLAIN CONSTRUCTION: This section is to be deleted in its entirety and shall be replaced with the following text: Buildings and structures constructed in flood hazard areas are subject to Chapter 12 -21, Hazard Regulations, Vail Town Code. SECTION R313.2- ONE AND TWO FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS: This section is to be deleted in its entirety and replaced with the following Ordinance No. 12, Series of 2012 6 text: An automatic residential fire sprinkler system shall be required as determined by the Vail Fire and Emergency Services Criteria for Requirements to Install Fire Sprinkler Systems. SECTION R313.2.1- DESIGN AND INSTALLATION: This section is to be deleted in its entirety and replaced with the following text: Automatic residential fire sprinkler systems shall be designed and installed in accordance to the International Fire Code, 2012 Edition, Section 903 and Vail Fire and Emergency Services Fire Sprinkler Installation Standards. SECTIONS R1004.3 and R1005.2- DECORATIVE SHROUDS: These sections are to be amended to add Exception: Decorative shrouds that are not listed and labeled for use with the specific factory built fireplace shall be permitted when the decorative shroud complies with the requirements of Section R1003.9.1. CHAPTER 4 thru CHAPTER 7- These chapters are to be deleted in their entirety and replaced with the following text: All structural elements and design shall conform to International Building Code as amended by the Town of Vail. Exception: Section R612 shall still apply. CHAPTER 8- Sections R802 thru R804 are to be deleted in their entirety.. CHAPTER 9- This chapter is to be deleted in its entirety and replaced with the following text entirety and amend to read: Roofing systems shall conform to the International Building Code as amended by the Town of Vail. CHAPTER 11 thru CHAPTER 43- These Chapters are to be deleted in their entirety and replaced with the following text: Reference to other codes such as Plumbing, Mechanical, Energy, and Electrical respectively. 10 -1 -5: AMENDMENTS TO THE INTERNATIONAL FIRE CODE The following amendments are hereby made to the International Fire Code, 2012 Edition: SECTION 101.1 — TITLE: Title is hereby amended as follows: These regulations shall be known as the Fire Code of the Town of Vail, hereinafter referred to as "this code." SECTION 102.7- REFERENCED CODES AND STANDARDS: This section is to be deleted in its entirety and shall be replaced with the following text: The codes and standards referenced in this code shall be those listed in Chapter 80 and Vail Fire and Emergency Services Standards as approved by the Vail Fire Code Official and as Ordinance No. 12, Series of 2012 7 published on the Town of Vail web site at www.vailgov.com. Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where codes and standards are adopted by other governmental jurisdictions, and where differences occur between provisions of this code and the adopted standards, the more stringent of the two shall apply. Fire sprinkler standards, fire alarm standards, commissioning standards and related standards shall be published and available for review. SECTION 202 - DEFINITIONS: Amend to add this new section to read as follows: Tampering: Any alteration, damage, misuse or deactivation and /or any similar actions that render inoperable any fire protection, fire detection or life safety system without express written approval of Vail Fire and Emergency Services. [See Section 901.8] SECTION 308.1.4 - OPEN -FLAME COOKING DEVICES: Amend this section to add the following language as follows: Exception 4. Listed or AIG certified natural gas appliances. SECTION 312.4- ELECTRIC METERS, GAS METERS AND PIPING: Amend to add this new section to read as follows: Above ground electric meters, gas meters, regulators and piping shall be protected from damage by ice or snow and if exposed to vehicular damage due to proximity to alleys, driveways or parking areas shall be protected from such potential damage in accordance with section 312.1 of this code SECTION 503.1- Fire Apparatus Access Roads -WHERE REQUIRED: Amend this section to add the following language as follows: Refer to Title 14, Development Standards, Vail Town Code for additional requirements. SECTION 507.5.7- MOUNTAIN HYDRANTS: Amend to add this new section to read as follows: Fire hydrants are considered "Mountain Hydrants" when they are placed such that the center point of the discharge outlet is not less than thirty -six (36) inches above finish grade. New fire hydrants and fire hydrants replaced or relocated in locations other than in a heated sidewalk or in immediate proximity thereto, such that snow accumulation is likely shall be placed as Mountain Hydrants. SECTION 510.1- EMERGENCY RESPONDER RADIO COVERAGE IN BUILDINGS: Amend this section to add the following language as follows: See Chapter 10 -3, In- Buildings Public Safety Radio System Coverage, Vail Town Code, for additional requirements. SECTION 901.6.1- STANDARDS: This section is to be deleted in its entirety and shall be replaced with the following text: Fire protection systems shall be installed, inspected, tested and maintained in accordance with the referenced standards listed in Table Ordinance No. 12, Series of 2012 8 901.6.1 and in accordance with Vail Fire and Emergency Services Fire Sprinkler Installation Standards. SECTION 901.11 LIFE SAFETY REPORTS: Amend to add this new section to read as follows: A Life Safety Report shall be approved by the Vail Fire Code Official prior to issuance of a building permit for all buildings fifty -five (55) feet or greater in height, measured from fire department access to the highest occupied floor level, inaccessible buildings or where the building is employing a performance based design. Elements of the Life Safety Report shall include, but are not limited to: exiting, travel distances, smoke control, smoke management, fire alarm and detection, fire sprinkler systems, standpipe systems, fire pumps, and other elements directly related to fire and life safety. SECTION 902 - DEFINITIONS: Amend this section to add the following language as follows: False Alarms: See Title 4, Business and License Regulations, Vail Town Code. SECTION 903.2.10- GROUP S -2 ENCLOSED PARKING GARAGES: Delete the following: Exception: Enclosed parking garages located beneath Group R -3 occupancies. SECTION 903.3.1.3- Delete and amend to: NFPA 13R SINGLE FAMILY / DUPLEX SPRINKLER SYSTEMS: This section is to be deleted in its entirety and shall be replaced with: the following text; Where a fire sprinkler system is required by this code, automatic sprinkler systems shall be installed in a one and two- family dwelling or townhouse shall be installed throughout in accordance with NFPA 13R and Vail Fire and Emergency Services Installation Standards. SECTION 903.3.5.1.1- LIMITED AREA SPRINKLER SYSTEMS: Delete section in its entirety. SECTION 903.4- SPRINKLER SYSTEM SUPERVISION AND ALARMS: This section is hereby amended as follows: Delete Exceptions 1 through 7. APPENDIX B - FIRE FLOW REQUIREMENTS: Amend this section to read as follows: The maximum reduction for sprinkled buildings shall be not greater than 50 %. Ordinance No. 12, Series of 2012 9 APPENDIX D- FIRE APPARATUS ACCESS ROADS: Amend this section by adding the following language as follows: This section is for reference only but may be used in performance based design. Refer to Title 14, Development Standards, Vail Town Code. APPENDIX G- CYROGENICS: Weight and Volume Tables: Amend this section to add the following language as follows: Use as reference only. 10 -1 -7: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE: The following amendments are hereby made to the International Plumbing Code, 2012 Edition: SECTION 101.1- TITLE: This section is hereby amended to read as follows: These regulations shall be known as the Plumbing Code of the Town of Vail hereinafter referred to as "this code." SECTION 101.2- SCOPE: This section is hereby amended to read as follows: Delete exception in its entirety. 10 -1 -8 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE: The following amendments are hereby made to the International Fuel Gas Code, 2012 Edition: SECTION 101.1- TITLE: This section is hereby amended to read as follows: These regulations shall be known as the Fuel Gas Code of the Town of Vail, hereinafter referred to as "this code ". SECTION 101.2- SCOPE: This section is hereby amended to read as follows: Delete Exceptions in its entirety. SECTION 303.3- PROHIBITED LOCATIONS: This section is hereby amended to read as follows: Delete Exception 2, 3 and 4 in their entirety. SECTION 304,11- COMBUSTION AIR DUCTS: This section is hereby amended to read as follows: Item 8. Combustion air intake openings located on the exterior of a building shall be at least sixty (60) inches above the adjoining ground or at least thirty -six (36) inches above the roof. SECTION 304.1- GENERAL: This section is hereby amended to include the following text: New construction shall be considered unusually tight construction as defined by this code. Ordinance No. 12, Series of 2012 10 SECTION 406.4.1 -TEST PRESSURE: This section is hereby amended to read as follows: The test shall include an air, carbon dioxide or nitrogen pressure test at which time the gas piping shall withstand a pressure of not less than 10 Pressure Per Square Inch Gauge (69 kPa). For welded pipe and for piping carrying gas pressure exceeding fourteen (14) inch water column, the test shall be at least sixty (60) Pressure Per Square Inch Gauge (414 kPa). SECTION 406.4.2- TEST DURATION: This section is hereby amended to read as follows: Test duration shall not be less than fifteen (15) minutes for threaded pipe. For welded pipe and piping carrying gas pressure exceeding fourteen (14) inch water column the duration shall not be less than thirty (30) minutes. SECTION 409.7- NATURAL GAS EMERGENCY GENERATORS: With the addition of this new section to read as follows: Gas emergency generators shall have a dedicated gas line connected on the supply side of the main gas shutoff valve and marked as supplying an emergency generator per NFPA 110.7.9.7 & 7.9.8. This valve shall have a monitored tamper switch. SECTION 411.4- FIRE PITS: With the addition of this new section to read as follows: Fire pits serving any residential units require automatic shut -off controls with a maximum timer of thirty (30) minutes and may only be served by a three quarter inch (3/4 ") gas pipe. SECTION 501.8 - EQUIPMENT NOT REQUIRED TO BE VENTED: This section is hereby amended to read as follows: Delete item 8 and 10. SECTION 503.6.4- GAS VENT TERMINATIONS: This section is amended with the addition of the following text: Item 8. Gas appliance vent terminations located on the exterior of a building shall be at least sixty (60) inches above the adjoining ground or at least thirty -six (36) inches above the roof. SECTION 603- LOG LIGHTERS: This section is hereby amended with the addition of the following text: Log lighters are prohibited in the Town of Vail. SECTION 621.2- PROHIBITED USES: The section is herby amended with the addition of the following text: Log lighters are prohibited in the Town of Vail. 10 -1 -9: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE: The following amendments are hereby made to the International Energy Conservation Code, 2012 Edition. Ordinance No. 12, Series of 2012 11 SECTION 101.1- TITLE: This section is hereby amended to read as follows: These regulations shall be known as the Energy Conservation Code of the Town of Vail hereinafter referred to as "this code." TABLE 402.1.1- INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENTS: This table to be revised by the addition of Footnote j to read as follows; The fenestration U- factor for the Town of Vail shall be 0.30 for all new one and two family dwelling units and amend footnote h to read as follows: Cavity plus continuous insulation shall not be required. SECTION 402.4.2.1 TESTING OPTION: This section is hereby amended with the addition of the following text: The testing agency shall be approved by the Building Official. SECTION 403.9.3- POOL COVERS: The Exception to this section is hereby deleted in its entirety. SECTION 403.6- EQUIPMENT SIZING (MANDATORY): This section is hereby amended to read as follows: Heating equipment shall be sized in accordance with ASHRAE, 2004 Edition, Chapter 17 for residential occupancies and Chapter 18 for nonresidential occupancies. All gas fired boilers and furnaces shall have a minimum efficiency of ninety -two percent (92 %) AFUE. 10 -1 -10: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION: The following amendments are hereby made to the Uniform Code for the Abatement of Dangerous Buildings 1997 Edition: SECTION 301- GENERAL: This section is herby amended to read as follows: For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code. BUILDING CODE: is the International Building Code as adopted and amended by the Town of Vail. DANGEROUS BUILDING: is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. 10 -1 -11: COPIES OF CODES AVAILABLE: Copies of all the codes adopted by this Chapter and all amendments thereto shall be available for inspection at the office of the Town Clerk. Ordinance No. 12, Series of 2012 12 10 -1 -12: PENALTIES-. A. Any person who violates any of the provisions of the Codes adopted by this Chapter or fails to comply therewith or who violates or fails to comply with any order made thereunder or who builds in violation of any detailed statements, specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder or within the time fixed therein shall be guilty of a misdemeanor and subject to penalty as provided in Section 1 -4 -1 of this Code. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violation or defects within a reasonable time and each day that the prohibited conditions are maintained shall constitute a separate offense. B. The Town of Vail may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief in the District Court in and for the County of Eagle for any violation of any of the provisions of this Chapter. (1997 Code: Ord. 25(1991) § Section 2. The Codes adopted by this Ordinance shall be effective for all Building Permit Applications received by the Town of Vail, Community Development Department, Building Safety and Inspection Services on or after January 1, 2013. 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. 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 Ordinance No. 12, Series of 2012 13 part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of October, 2012 and a public hearing for second reading of this Ordinance set for the 16th day of October, 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 16th day of October, 2012. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 12, Series of 2012 14 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 17th day of October, 2012. Witness my hand and seal this. day of act -C� , 2012. Tamm el Town of V ep� N•OF•� I) .• i :SEAL: ''•••.....•••' o COLOR Z ORDINANCE NO. 13 SERIES OF 2012 AN ORDINANCE AMENDING THE CONSTRUCTION SIGN PROVISIONS AND REPEALING THE TEMPORARY SITE DEVELOPMENT SIGN PROVISIONS OF TITLE 11, SIGN REGULATIONS, 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, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth the procedures for amending the Town's Sign Regulations; and, WHEREAS, the purpose of these amendments is to allow additional content to be displayed on construction signs; WHEREAS, the purpose of these amendments is to clarify the sign type, design, and landscaping requirements for construction signs; WHEREAS, the temporary site development sign provisions of Title 11, Sign Regulations, Vail Town Code, were associated with the Town of Vail sponsored "Vail's Billion Dollar Renewal" communications program which began in 2005 and has since been discontinued. Therefore, the temporary site development signs provisions of Title 11, Sign Regulations, Vail Town Code, are no longer applicable or relevant; WHEREAS, the purpose of these amendments is to clarify the Sign Regulations by repealing Section 11 -7 -6, Temporary Site Development Signs, Vail Town Code; WHEREAS, on September 24, 2012, the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend the construction sign and temporary site development sign provisions of Title 11, Sign Regulations, Vail Town Code, in accordance with the provisions of the Vail Town Code; and, WHEREAS, on September 24, 2012, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for these Sign Regulation amendments to the Vail Town Council; and, WHEREAS, the Vail Town Council finds and determines that these 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; Ordinance No. 13, Series 2012 - 1 - WHEREAS, the Vail Town Council finds and determines that these amendments furthers the general and specific purposes of the sign regulations; and WHEREAS, the Vail Town Council finds and determines that these amendments 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. Chapter 11 -7, Other Signs, Vail Town Code, shall be amended as follows (text to be deleted is in stFikethFo gh, text that is to be added is bold, and sections of text that are not amended have been omitted): 14 7 C• TEMPORARY SITE DE—VEI OP44ENT SIGNS.: Size.: Any site development sign sha# not eXGeed " tWG inGheS by • (42";* rr 22. Alum.-hoe.r. Qne 6@n per- bu#4qg Arentage upon a site n. 4. Lighting.: Not peFmiffed.- (4) P-rejeGt name. (2) gugding peFmit number- (3) GentaGt k4feFnqatien. Only one name, one phone nungbeF and one e n9ad (4) PhysiGa 66. Ordinance No. 13, Series 2012 -2- (4) Staff approved development slegap& (2) Brief faGtUal deGG049n Of the PR#9Gt (3) "b846 addFOSS. (5) P-MP98ed GOMP19tiOn date. 11 -743 6: CONSTRUCTION SIGNS: A. Description: A sign permitted to identify and describe a project under construction . 1. S49 -Area: In all residential zone districts, the area of any construction sign shall not exceed eight (8) square feet. In all other zone districts, the area of any construction sign shall not exceed twenty (20) square feet, with a horizontal dimension no greater than ten feet (10). 2. Height. The top of a construction sign shall be no higher than eight feet (8) from grade. 3. Number.- One sign per construction site. 4. Location: .4 is@p shag be plaGed paFallel to the 94949r- W—alf be mounted on the GORStrur--tion Construction signs shall be mounted parallel and flush to the building wall or construction fence adjacent to the street or major pedestrianway to which the construction site abuts. 5. Lighting: Not permitted. 6. Type of Sign: Construction signs shall not be freestanding signs. 7. Design: Subject to design review. 8. Landscaping: Not applicable. 9. Display Duration: Construction signs may be displayed upon issuance of the associated building permit(s) and shall be removed prior to the issuance of a certificate of occupancy. Ordinance No. 13, Series 2012 -3- .. Now 10. Content. No content other than listed below shall be included on a construction sign: a. Construction signs shall include the following information: (1) Physical address of the construction site. (2) Building permit number(s). (3) Construction project name(s). (4) One emergency contact, including one individual and business name, one telephone number and one e-mail address. b. Construction signs may include the following additional information: (1) One business logo of the emergency contact. (2) Brief factual description of the construction project. (3) One website address. (4) One quick response (QR) code. (4) An artist rendering of the finished construction project. (5) Proposed construction completion date. 11. Special Provisions: Signs identifying dangerous or hazardous conditions associated with a construction site are exempt from design review as further regulated by Section 11 -9 -1, Exempt Signs, of this title. 11 -744 13: Promotional Event Posters: 11 -745 14: Public Parking And Loading Signs For Private Property., 11 -7-46 15: Ski Base Area Signs: 11 -7 -4716: Informational And Directional Sign For Public Parking On Private Property. 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. 13, Series 2012 -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. 13 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 7th day of November, 2012. Witness my hand and seal this day of , 2012. Tamm el it De (seal) ORDINANCE NO. 13 SERIES OF 2012 AN ORDINANCE AMENDING THE CONSTRUCTION SIGN PROVISIONS AND REPEALING THE TEMPORARY SITE DEVELOPMENT SIGN PROVISIONS OF TITLE 11, SIGN REGULATIONS, 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, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth the procedures for amending the Town's Sign Regulations; and, WHEREAS, the purpose of these amendments is to allow additional content to be displayed on construction signs; WHEREAS, the purpose of these amendments is to clarify the sign type, design, and landscaping requirements for construction signs; WHEREAS, the temporary site development sign provisions of Title 11, Sign Regulations, Vail Town Code, were associated with the Town of Vail sponsored "Vail's Billion Dollar Renewal" communications program which began in 2005 and has since been discontinued. Therefore, the temporary site development signs provisions of Title 11, Sign Regulations, Vail Town Code, are no longer applicable or relevant; WHEREAS, the purpose of these amendments is to clarify the Sign Regulations by repealing Section 11 -7 -6, Temporary Site Development Signs, Vail Town Code; WHEREAS, on September 24, 2012, the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend the construction sign and temporary site development sign provisions of Title 11, Sign Regulations, Vail Town Code, in accordance with the provisions of the Vail Town Code; and, WHEREAS, on September 24, 2012, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for these Sign Regulation amendments to the Vail Town Council; and, WHEREAS, the Vail Town Council finds and determines that these 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; Ordinance No. 13, Series 2012 - 1 - WHEREAS, the Vail Town Council finds and determines that these amendments furthers the general and specific purposes of the sign regulations; and WHEREAS, the Vail Town Council finds and determines that these amendments 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. Chapter 11 -7, Other Signs, Vail Town Code, shall be amended as follows (text to be deleted is in strikethFOUgh, text that is to be added is bold, and sections of text that are not amended have been omitted): M M- .. Ordinance No. 13, Series 2012 -2- 11 -74-3 6: CONSTRUCTION SIGNS: A. Description: A sign permitted to identify and describe a project under construction . 1. Size -Area: In all residential zone districts, the area of any construction sign shall not exceed eight (8) square feet. In all other zone districts, the area of any construction sign shall not exceed twenty (20) square feet, with a horizontal dimension no greater than ten feet (10). 2. Height: The top of a construction sign shall be no higher than eight feet (8') from grade. 3. Number.- One sign per construction site. 4. Location: be mounted on the GenstFuc4ion fenGe. Construction signs shall be mounted parallel and flush to the building wall or construction fence adjacent to the street or major pedestrianway to which the construction site abuts. 5. Lighting: Not permitted. 6. Type of Sign: Construction signs shall not be freestanding signs. 7. Design: Subject to design review. 8. Landscaping: Not applicable. 9. Display Duration: Construction signs may be displayed upon issuance of the associated building permit(s) and shall be removed prior to the issuance of a certificate of occupancy. Ordinance No. 13, Series 2012 -3- ., 10. Content: No content other than listed below shall be included on a construction sign: a. Construction signs shall include the following information: (1) Physical address of the construction site. (2) Building permit number(s). (3) Construction project name(s). (4) One emergency contact, including one individual and business name, one telephone number and one e-mail address. b. Construction signs may include the following additional information: (1) One business logo of the emergency contact. (2) Brief factual description of the construction project. (3) One website address. (4) One quick response (QR) code. (4) An artist rendering of the finished construction project. (5) Proposed construction completion date. 11. Special Provisions: Signs identifying dangerous or hazardous conditions associated with a construction site are exempt from design review as further regulated by Section 11 -9 -1, Exempt Signs, of this title. 11- 74413: Promotional Event Posters: 11 -7--5 14: Public Parking And Loading Signs For Private Property. 11- 7-615: Ski Base Area Signs: 11 -74 -716: Informational And Directional Sign For Public Parking On Private Property: 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. 13, Series 2012 -4- 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 16th day of October, 2012, and a public hearing for second reading of this Ordinance set for the 6 h day of November, 2012, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of November, 2012. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 13, Series 2012 Andrew P. Daly, Mayor -5- . , , 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 herewith are repealed to the extent only of such inconsistency. construed to revise any bylaw, order, resolution or ordinance, repealed. parts thereof, inconsistent This repealer shall not be or part thereof, theretofore INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16' day of October, 2012, and a public hearing for second reading of this Ordinance set for the 6 h day of November, 2012, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 13, Series 2012 Andrew P. Daly, Mayor -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. 14 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 7th day of November, 2012. Witness my hand and seal this -71 day of d 2012. Tammy agel ail De erk (seal) OF VAlL... O� O ORDINANCE NO. 14 Series of 2012 AN ORDINANCE REPEALING AND RE- ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 34, FLAUM — THE VALLEY PHASE V, 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, Ordinance No. 2, Series of 1997, established Special Development District No. 34, Flaum — The Valley Phase V (the "District ") and the District was subsequently amended by Ordinance No. 9, Series of 2006; WHEREAS, the Planning and Environmental Commission (the "PEC ") of the Town of Vail has held a public hearing on the proposed amendments in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of these amendments at its October 8, 2012, public hearing, and has submitted its recommendation to the Vail Town Council; 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; WHEREAS, the purpose of this ordinance is to amend the gross residential floor area (GRFA) provisions of the District; WHERAS, the purpose of this ordinance is to "clean -up" the unclear, outdated, and inconsistent provisions of the District; Ordinance No. 14, Series 2012 Page 1 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. 34, Flaum — The Valley Phase V, is hereby repealed and re- established to read as follows: SECTION 1. 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. 34. SECTION 2. Special Development District No. 34 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space, employee housing, and promote the objectives of the Town's Zoning ordinance. 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 standard zoning on the area. SECTION 3. Special Development District No. 34 is established for the development of a parcel of land comprising 1.81 acres (lots 3 and 4, the Valley Phase V) and shall be referred to as "SDD No. 34 ". SECTION 4. The Town Council finds that the development plan for SDD No. 34 meets each of the standards set forth in Article 12 -9A, Special Development District, Vail Town Code. In accordance with Article 12 -9A, Special Development Districts, Vail Town Code, the development plan for SDD No. 34 is approved. SECTION 5. The zone district underlying SDD No. 34 is Residential Cluster (RC). The uses allowed in SDD No. 34 shall be limited to those uses indicated on the development plan and those uses allowed by right, and those uses allowed by conditional use, Chapter 12 -6E, Residential Cluster District, Vail Town Code. Ordinance No. 14, Series 2012 Page 2 SECTION 6. In addition to the Approved Development Plan described in Section 7 herein, the following development standards have been submitted to the Planning and Environmental Commission for its consideration, and the Planning and Environmental Commission has forwarded its recommendation of conditional approval to the Town Council, and the Development Plan is hereby approved by the Town Council. The development standards for this SDD shall be those prescribed by the Residential Cluster (RC) zone district unless specifically addressed herein. The following are the specific development standards for SDD No. 34: Base Information Underlying Zoning: Lot area: Development Standard Number of Lots: Dwelling units: Density: Employee Housing Units (EHU) Buildable Area: Site Coverage: RC (Residential Cluster) 1.81 acres or 79,002 sq. ft. Maximum Allowance /Limitation 3 single family lots 3 single - family dwelling units 1.66 dwelling units /acre 1 Type II EHU per lot allowed. Per approved development plan and building envelopes. 25% of lot area (per lot) GRFA: The combined area of the dwelling unit and any associated Type II EHU shall not exceed 3,800 sq. ft. per lot. Type II EHU GRFA: Garage Area: A Type II EHU constructed in this special development district shall be calculated as GRFA. 600 sq. ft. garage allowed per dwelling unit (exclusive of the EHU). EHU Garage Area: 1 enclosed parking space required per EHU per lot, which must be deed restricted for use by EHU only. Up to 400 sq. ft. GRFA garage deduction allowed per EHU per lot. Ordinance No. 14, Series 2012 Page 3 Setbacks: Per building envelopes delineated on development plan. No GRFA is permitted within 20' of the front property line. Garage area is allowed within 20' from the front property line within the established building envelopes. Parking: Per Chapter 12 -10, Off - street Parking and Loading, Vail Town Code. Exterior Lighting: Per Section14 -10 -7, Exterior Lighting, Vail Town Code. Building Height: 30' for a flat roof, 33' for a sloping roof SECTION 7. SDD No. 34 is subject to the following additional conditions: The development plan shall be that plan entitled "Flaum Residence," prepared by Pierce, Segerberg, & Associates, Architects, dated 11/11/96, with the latest revision on 1/10/97. 2. Trash collection shall be typical residential curbside collection and dumpsters shall not be permitted on these lots or in the adjacent right - of- way. 3. This site shall be limited to one curbcut for all three lots as depicted on the development plan. The entire curbcut shall be developed upon initial construction on any of these three lots. 4. The applicant shall submit a mitigation plan for the rockfall hazard which shall be reviewed and approved by the applicant's geologist prior to Design Review Board approval for construction of homes on these lots. 5. This approval shall become void if the construction of at least one lot is not commenced within three years of the final approval of the SDD. The developer must meet the requirements of Section 12- 9A -12, Time Requirements, Vail Town Code. 6. The recreational amenities tax for this development shall be assessed at the rate required for the Residential Cluster (RC) zone district, as provided for in Chapter 2 -5, Recreational Amenities Tax Chapter, Vail Town Code. Ordinance No. 14, Series 2012 Page 4 7. All retaining walls on -site shall conform to existing sede Vail Town Code requirements. No retaining wall shall exceed 3' in the first 20' from the front property line on these lots. 8. All development standards contained in this ordinance site shall be noted on the development plan and the final plat for this development. Those notes shall include the following note regarding development within building envelopes: "All future development will be restricted to the area within the platted building envelopes. The only development permitted outside the platted building envelopes shall be landscaping, driveways and retaining walls associated with driveway construction. At -grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one -half (1/2) the distance between the building envelope and the property line, or may project not more than 5 feet (6) nor more than one —fourth (1/4) the minimum required dimension between buildings." 9. One employee housing unit (EHU) is required for the entire development which must be provided prior to, or in conjunction with, the Building Permit for the third dwelling unit constructed on -site. The employee housing requirements of this special development district may be met within the district or off -site. All employee housing units constructed within SDD No. 34 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. 10. As mitigation for impacts to large trees on -site, 21 additional trees will be provided on -site (7 additional trees per lot). These trees shall have a minimum caliper of 3" for deciduous trees or a minimum height of 8' for conifers and shall be provided at the time of construction on individual lots. SECTION 8. The owners, jointly and severally, agree with the following requirement, which is a part of the Town's approval of the SDD No. 34: All previous approvals and development plans, including the County Approved PUD for the subject property, are hereby null and void. SECTION 9. Amendments to the approved development plan shall be reviewed pursuant to Section 12- 9A -10, Amendment Procedure, Vail Town Code. 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, Ordinance No. 14, Series 2012 Page 5 subsections, sentences, clauses or phrases be declared invalid. SECTION 11. 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 12. 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 13. 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 November, 2012, and a public hearing for second reading of this Ordinance set for the 20th day of November, 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. 14, Series 2012 Page 6 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 2012, on the Town of Vail's web site, www.vailgov.com, on the21st day of November, 2012. 10l't Witness my hand and seal this day of�- , 2012. amm agel ail De (seal) -4�' rO '•. r • . Q. ORDINANCE NO. 14 Series of 2012 AN ORDINANCE REPEALING AND RE- ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 34, FLAUM — THE VALLEY PHASE V, 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, Ordinance No. 2, Series of 1997, established Special Development District No. 34, Flaum — The Valley Phase V (the "District') and the District was subsequently amended by Ordinance No. 9, Series of 2006; WHEREAS, the Planning and Environmental Commission (the "PEC ") of the Town of Vail has held a public hearing on the proposed amendments in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of these amendments at its October 8, 2012, public hearing, and has submitted its recommendation to the Vail Town Council; 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; WHEREAS, the purpose of this ordinance is to amend the gross residential floor area (GRFA) provisions of the District; WHERAS, the purpose of this ordinance is to "clean -up" the unclear, outdated, and inconsistent provisions of the District; Ordinance No. 14, Series 2012 Page 1 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. 34, Flaum — The Valley Phase V, is hereby repealed and re- established to read as follows: SECTION 1. 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. 34. SECTION 2. Special Development District No. 34 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space, employee housing, and promote the objectives of the Town's Zoning ordinance. 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 standard zoning on the area. SECTION 3. Special Development District No. 34 is established for the development of a parcel of land comprising 1.81 acres (lots 3 and 4, the Valley Phase V) and shall be referred to as "SDD No. 34 ". SECTION 4. The Town Council finds that the development plan for SDD No. 34 meets each of the standards set forth in Article 12 -9A, Special Development District, Vail Town Code. In accordance with Article 12 -9A, Special Development Districts, Vail Town Code, the development plan for SDD No. 34 is approved. SECTION 5. The zone district underlying SDD No. 34 is Residential Cluster (RC). The uses allowed in SDD No. 34 shall be limited to those uses indicated on the development plan and those uses allowed by right, and those uses allowed by conditional use, Chapter 12 -6E, Residential Cluster District, Vail Town Code. Ordinance No. 14, Series 2012 Page 2 SECTION 6. In addition to the Approved Development Plan described in Section 7 herein, the following development standards have been submitted to the Planning and Environmental Commission for its consideration, and the Planning and Environmental Commission has forwarded its recommendation of conditional approval to the Town Council, and the Development Plan is hereby approved by the Town Council. The development standards for this SDD shall be those prescribed by the Residential Cluster (RC) zone district unless specifically addressed herein. The following are the specific development standards for SDD No. 34: Base Information Underlying Zoning: Lot area: Development Standard Number of Lots: Dwelling units: Density: Employee Housing Units (EHU) Buildable Area: Site Coverage: RC (Residential Cluster) 1.81 acres or 79,002 sq. ft. Maximum Allowance /Limitation 3 single family lots 3 single - family dwelling units 1.66 dwelling units /acre 1 Type II EHU per lot allowed. Per approved development plan and building envelopes. 25% of lot area (per lot) GRFA: The combined area of the dwelling unit and any associated Type II EHU shall not exceed 3,800 sq. ft. per lot. Type II EHU GRFA: Garage Area: A Type II EHU constructed in this special development district shall be calculated as GRFA. 600 sq. ft. garage allowed per dwelling unit (exclusive of the EHU). EHU Garage Area: 1 enclosed parking space required per EHU per lot, which must be deed restricted for use by EHU only. Up to 400 sq. ft. GRFA garage deduction allowed per EHU per lot. Ordinance No. 14, Series 2012 Page 3 Setbacks: Per building envelopes delineated on development plan. No GRFA is permitted within 20' of the front property line. Garage area is allowed within 20' from the front property line within the established building envelopes. Parking: Per Chapter 12 -10, Off - street Parking and Loading, Vail Town Code. Exterior Lighting: Per Section14 -10 -7, Exterior Lighting, Vail Town Code. Building Height: 30' for a flat roof, 33' for a sloping roof SECTION 7. SDD No. 34 is subject to the following additional conditions: The development plan shall be that plan entitled "Flaum Residence," prepared by Pierce, Segerberg, & Associates, Architects, dated 11/11/96, with the latest revision on 1/10/97. 2. Trash collection shall be typical residential curbside collection and dumpsters shall not be permitted on these lots or in the adjacent right - of- way. 3. This site shall be limited to one curbcut for all three lots as depicted on the development plan. The entire curbcut shall be developed upon initial construction on any of these three lots. 4. The applicant shall submit a mitigation plan for the rockfall hazard which shall be reviewed and approved by the applicant's geologist prior to Design Review Board approval for construction of homes on these lots. 5. This approval shall become void if the construction of at least one lot is not commenced within three years of the final approval of the SDD. The developer must meet the requirements of Section 12- 9A -12, Time Requirements, Vail Town Code. 6. The recreational amenities tax for this development shall be assessed at the rate required for the Residential Cluster (RC) zone district, as provided for in Chapter 2 -5, Recreational Amenities Tax Chapter, Vail Town Code. Ordinance No. 14, Series 2012 Page 4 7. All retaining walls on -site shall conform to existing sede Vail Town Code requirements. No retaining wall shall exceed 3' in the first 20' from the front property line on these lots. 8. All development standards contained in this ordinance site shall be noted on the development plan and the final plat for this development. Those notes shall include the following note regarding development within building envelopes: "All future development will be restricted to the area within the platted building envelopes. The only development permitted outside the platted building envelopes shall be landscaping, driveways and retaining walls associated with driveway construction. At -grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one -half (1/2) the distance between the building envelope and the property line, or may project not more than 5 feet (6) nor more than one —fourth (1/4) the minimum required dimension between buildings." 9. One employee housing unit (EHU) is required for the entire development which must be provided prior to, or in conjunction with, the Building Permit for the third dwelling unit constructed on -site. The employee housing requirements of this special development district may be met within the district or off -site. All employee housing units constructed within SDD No. 34 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. 10. As mitigation for impacts to large trees on -site, 21 additional trees will be provided on -site (7 additional trees per lot). These trees shall have a minimum caliper of 3" for deciduous trees or a minimum height of 8' for conifers and shall be provided at the time of construction on individual lots. SECTION 8. The owners, jointly and severally, agree with the following requirement, which is a part of the Town's approval of the SDD No. 34: All previous approvals and development plans, including the County Approved PUD for the subject property, are hereby null and void. SECTION 9. Amendments to the approved development plan shall be reviewed pursuant to Section 12- 9A -10, Amendment Procedure, Vail Town Code. 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, Ordinance No. 14, Series 2012 Page 5 subsections, sentences, clauses or phrases be declared invalid. SECTION 11. 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 12. 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 13. 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 November, 2012, and a public hearing for second reading of this Ordinance set for the 20th day of November, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of November, 2012. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 14, Series 2012 Ludwig Kurz, Mayor ProTem Page 6 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 17th day of October, 2012. t Witness my hand and seal this day of o , 2012. m agel own of V eputy ORDINANCE NO. 15 SERIES OF 2012 AN ORDINANCE AMENDING TITLE 7, VAIL TOWN CODE BY THE ADDITION OF CHAPTER 10 REGARDING COMMERCIAL TRANSPORTATION 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 Council finds that hindering transportation within the Town is of public concern and efficient police regulation of such a crime would preserve the general welfare of the citizens and guests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. Title 7 is hereby amended by the addition of Chapter 10, COMMERCIAL TRANSPORTATION REGULATIONS to read as follows: Chapter 10 COMMERCIAL TRANSPORTATION REGULATIONS 7 -10 -1: PURPOSE: The purpose of this Chapter is to protect the safety of pedestrians and motorists in the Town by reducing congestion in skier drop -off locations and monitoring the significant increase in hotel and motel shuttles. 7 -10 -2: DEFINITIONS: Ordinance No. 15, Series of 2012 AUTOMATED VEHICLE IDENTIFICATION TRANSPONDER (AVI): A transponder issued by the Town to each motor vehicle in a Commercial Operator's fleet, which allows the Town to record the timing of and the number of trips made by each motor vehicle through the Town. BUS OPERATORS: Commercial Operators engaged in the business of providing passenger transportation in motor vehicles having a capacity of twenty -six (26) or more persons, or as otherwise defined by the Colorado Public Utilities Commission, except for Commercial Operators regulated by the federal government, such as Greyhound. COMMERCIAL OPERATOR: A person or entity operating motor vehicles upon Town roadways in connection with any activity involving passenger transportation for a profit, regardless of whether operating as an employee or independent contractor, or whether operating under a company name, including without limitation Bus Operators, Hotel and Motel Operators, Luxury Limousine Operators and taxis; but excluding universities, non- profit organizations, hospitals, ambulance services, or governmental units (including local, state and federal agencies), construction and maintenance contractors, suppliers and service providers not primarily engaged in passenger transportation, and mail delivery systems such as Federal Express, United Parcel Service and the U.S. Post Office. For purposes of this Chapter, transportation companies with common ownership or common control, or those acting on behalf of or in concert with another company, will be treated as one Commercial Operator. CRUISING: Operation of a motor vehicle upon Town roadways or facilities by a Commercial Operator for the purposes of soliciting or attempting to solicit passengers in any location other then in the loading or staging areas specifically authorized for such use in these regulations. DWELL TIME: The period of time during which a motor vehicle remains upon areas specifically authorized for loading or staging. TRANSPORTATION YEAR: November 1 through October 31 of the following year. HOTEL AND MOTEL OPERATORS: Commercial Operators engaged in the business of providing temporary or short-term lodging and associated services to the public and transporting passengers to facilities used for temporary or short-term lodging. Ordinance No. 15, Series of 2012 INFREQUENT USER: A Commercial Operator that does not transport passengers to and from the Town more than two (2) days during a Transportation Year. LOADING AND UNLOADING AREAS: Those areas authorized for passenger loading and unloading as shown on a map on file with the Town Manager and available for inspection during regular business hours. LUXURY LIMOUSINE OPERATORS: Commercial Operators engaged in the business of providing charter transportation to the public in vehicles with a manufacturer's rated maximum capacity of six (6) to twelve (12) persons including the driver, or as defined by the Colorado Public Utilities Commission. OVERSIZED VEHICLE: A vehicle that has a seating capacity for sixteen (16) or more including the driver, but less than twenty -six (26) seats. REPLACEMENT VEHICLE: A vehicle intended by a Commercial Operator to replace a vehicle that had been registered for that Transportation Year, but was subsequently destroyed or sold. 7 -10 -3: PERMIT REQUIRED: A. Every Commercial Operator other than an Infrequent User shall register with the Town and obtain a permit at least thirty (30) days prior to each Transportation Year. The Town shall issue a permit to the vehicles of any Commercial Operator who agrees to continuously satisfy the terms and conditions of this Chapter. B. Each application for a permit under this Chapter shall be accompanied by a permit fee, which shall be established each year in an amount determined by the Town Manager. C. Each permit shall be individually numbered. D. The permit shall be permanently affixed to the vehicle front windshield on the lower passenger's side window for each permit and visible to the public. E. If a permit is damaged, a new permit will be issued only when the remains of the damaged permit are filed with the Town. Ordinance No. 15, Series of 2012 7 -10-4: DOCUMENTS REQUIRED: Commercial Operators requiring authorization by or registration with the Colorado Public Utilities Commission or the federal government shall submit to the Town current copies of such authorizations, registrations and tariffs issued to the Commercial Operator by those agencies. 7 -10 -5: INSURANCE: A. Policies: Commercial Operators shall submit certificates of insurance in a form acceptable to the Town with the following coverages: comprehensive general liability insurance policy with limits of not less than $150,000 for any one person injured in any one accident and $600,000 for injury to two or more persons in a single occurrence; motor vehicle insurance in such minimum amounts as required by the Colorado Public Utilities Commission; and the statutory required workers' compensation insurance coverages on all employees. B. Additional Insured: The Town shall be named as an additional insured on the general liability and motor vehicle liability policies. C. Certificates: The Commercial Operator shall furnish certificates to the Town prior to commencing operations evidencing that the insurance is in full force and effect during the term of the operating privilege and that the Town shall be notified by the insurers, in writing, at least ten (10) days prior to any cancellation of the policy. 7 -10 -6: INDEMNIFICATION: By registering with the Town, each Commercial Operator agrees to indemnify, defend, and save the Town and its respective agents, officers, and representatives and employees harmless from and against any and all judgments, penalties, liability or loss, including costs and reasonable attorney fees resulting from claims or court actions, whether civil, criminal or in equity, arising directly or indirectly out of acts of the Commercial Operator, its agents, employees or servants, or through any injury or casualty occurring in the Town as a result of said loss. li elel:I W14i 6 Ordinance No. 15, Series of 2012 Commercial Operators shall abide by the following rules of conduct: A. Demeanor: Commercial Operators shall be courteous to the public and to other Commercial Operators and their employees. The Commercial Operator's employees shall be clean, efficient and neat in appearance. Commercial Operators shall not allow employees in public to use improper language or to act in a loud or boisterous or otherwise improper manner. Commercial Operators shall not engage in open, notorious and public disputes, disagreements or conflicts tending to deteriorate the quality of passenger transportation services of Commercial Operators or their competitors or incompatible with the best interests of customer service in the Town. B. Deception: It shall be a violation of this ordinance for a Commercial Operator to deceive or attempt to deceive the public through false representations concerning its prices or services or those of any other passenger transportation provider. C. Obedience to Signs: Commercial Operators shall obey all posted regulatory signs in the Town. D. Unattended Vehicles: It is unlawful for any Commercial Operator to leave a motor vehicle unattended upon Town streets or facilities. A motor vehicles left without a driver or that causes an obstruction of traffic may be immediately towed at the Commercial Operator's expense. In addition, the Town shall have the authority to require a Commercial Operator to move its motor vehicle for efficient traffic movement or pedestrian safety. E. Passenger Loading, Pick -up and Drop -off: The Town may designate specific pick -up and drop -off locations on Town facilities such as the Village Transportation Center and Lionshead Parking Structure. The Town may restrict waiting, parking of Commercial Operator's vehicles, pick -up and drop -off locations on Town streets. These areas will be in a map maintained on file in the office of the Town Manager and available for inspection during regular business hours. F. Cruising: It is unlawful for Commercial Operators to engage in cruising. G. Double Parking: Double parking of motor vehicles by Commercial Operators on Town roadways is prohibited. H. Vehicle Idle Time: Commercial Operators are encourage to turn off their vehicles during dwell time. If it is not practicable to turn off a vehicle due to extreme cold, Ordinance No. 15, Series of 2012 Commercial Operators are encouraged to limit any vehicle idling time to fifteen minutes or less. Oversized Vehicles: To ensure efficient traffic movement and protect pedestrian safety, the Town may restrict oversized vehicles from certain areas of the Town, and such restrictions shall be indicated by appropriate signage. 7 -10 -8: AVI TRANSPONDERS: A. The Chief of Police may, at any time after the effective date of the ordinance codified in this Chapter, determine that each vehicle in every Commercial Operator's fleet should be equipped with an AVI Transponder. If such a determination is made, the Town shall provide written notice to all permitted Commercial Operators that an AVI Transponder will be required by a date certain, not less than thirty (30) days following the date of the notice. B. An AVI Transponder may be purchased from the Town for a fee established by the Town Manager. C. The Commercial Operator is responsible for the care, maintenance, and upkeep of each of its AVI Transponders. D. Except as otherwise permitted, an AVI Transponder shall remain affixed to the vehicle to which it is assigned. An AVI Transponder may only be transferred to a Replacement Vehicle upon written approval of and reassigned by the Town. An AVI Transponder shall not be transferred between or among vehicles within the fleet of a Commercial Operator and the use by a Commercial Operator of an AVI Transponder issued to a different Commercial Operator is strictly prohibited. E. The Town may deactivate an AVI Transponder in the event of misuse. 7 -10 -9: VIOLATION; PENALTY. A. First Violation: A first violation of this Chapter shall result in the issuance of a Warning Notice to the Commercial Operator. The Warning Notice may be delivered by hand delivery, via facsimile, or forwarded by regular mail to the Commercial Operator and the registered owner of the transportation company. Ordinance No. 15, Series of 2012 B. Second Violation: Upon a second violation during a Transportation Year, the Commercial Operator will receive a Warning Notice in the same manner as described in subsection A hereof. C. Third Violation: Upon a third violation during a Transportation Year, a Commercial Operator's operating privileges in the Town shall be suspended for a period of seven (7) days. The Town shall give the Commercial Operator five (5) days prior written notice of the effective date for the suspension of said privileges. Failure to comply with the terms of the suspension shall be cause for issuance of an additional violation and revocation of operating privileges for a period of one (1) year. D. Revocation: Upon a fourth violation during a Transportation Year, the operating privileges of a Commercial Operator shall be revoked for a period of one (1) year. Commercial Operators whose operating privileges have been revoked shall be denied access to Town roadways. A Commercial Operator whose operating privileges have been revoked for other than willful violations of this Chapter may request a meeting with the Town Manager to demonstrate that such Commercial Operator has remedied or is making a good faith attempt to remedy its failure to satisfy the requirements of this Chapter. The Town Manager or designee may reverse the revocation and reinstate the permit if good cause is shown for reinstatement. E. Emergency Suspension: Notwithstanding any other provision herein, the Town Manager or designee may summarily suspend, without prior notice, the operating privileges of a Commercial Operator, if the Town Manager or designee has reasonable grounds to believe that the public health, safety or welfare requires such emergency suspension. F. Additional Penalties. Violations of this Chapter shall also be subject to the penalties contained in Chapter 4 of Title 1 of this Code. The imposition of any one penalty contained in this Section shall not preclude the imposition of any other penalty allowed by law. 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 Ordinance No. 15, Series of 2012 % 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 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 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. Section 5. 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 16th day of October, 2012, and a public hearing for second reading of this Ordinance set for the 6th day of November, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 15, Series of 2012 Andrew P. Daly, Town 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 2012, 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 � o� , 2012. •N'' • SEAL �UO 6R ORDINANCE NO. 16 SERIES OF 2012 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, 2013 THROUGH DECEMBER 31, 2013 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 2013 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, 2013, and ending on the 31s` day of December, 2013: FUND AMOUNT General Fund $39,619,292 Capital Projects Fund 14,767,900 Real Estate Transfer Tax Fund 4,274,378 Vail Marketing Fund 317,100 Heavy Equipment Fund 3,100,044 Dispatch Services Fund 2,494,275 Health Insurance Fund 4,020,000 Total 68,592,989 Less Interfund Transfers 6,748,441 Net Expenditure Budget 61,844,548 Ordinance No. 16, Series of 2012 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2013 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 6th day of November, 2012. A public hearing shall be held hereon on the 4th day of December, 2012, 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. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 16, series of 2012 Andrew P. Daly, Mayor a READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of December 2012. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 16, series of 2012 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. 17 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 21st day of November, 2012. Witness my hand and seal thisday of 0 >� y�w�lo��� , 2012. Ta y Na T Deputy Clerk eal) AIN 0 0. Vj , w ORDINANCE NO. 17 SERIES OF 2012 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2012 TAX YEAR AND PAYABLE IN THE 2013 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 2012 year and payable in the 2013 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 2013 fiscal year, the Town Council hereby levies a property tax of 4.766 mills upon each dollar of the total assessed valuation of $851,426,830 for the 2012 tax year of all taxable property within the Town, which will result in a gross tax levy of $4,057,545 calculated as follows: Base mill levy 4.690 $3,993,191 Abatement levy .076 64,354 Total mill levy 4.766 4 4 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 17, Series of 2012 } 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 20th day of November, 2012. A public hearing shall be held hereon at 6 P.M. on the 4th day of December, 2012, 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 17, Series of 2012 Ludwig Kurz, Mayor Pro Tern a . 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 5th day of December, 2012. T= Witness my hand and seal this S day of 1',�� , 2012. T my wn of Vail putt' Cl rk SEAL . •. cO; ORAO ORDINANCE NO. 17 SERIES OF 2012 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2012 TAX YEAR AND PAYABLE IN THE 2013 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 2012 year and payable in the 2013 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 2013 fiscal year, the Town Council hereby levies a property tax of 4.766 mills upon each dollar of the total assessed valuation of $851,396,920 for the 2012 tax year of all taxable property within the Town, which will result in a gross tax levy of $4,057,405 calculated as follows: Base mill levy 4.690 $3,993,051 Abatement levy .076 64.354 Total mill levy --4-7M 057.405 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, 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 Ordinance 17. Series of 2012 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 20th day of November, 2012. A public hearing shall be held hereon at 6 P.M. on the 4th day of December, 2012, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Ludwig Kurz, Mayor Pro Tern ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of December 2012. ATTEST: Lorelei Donaldson, Town Clerk Ordinance 17, Series of 2012 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. 20 Series of 2012, on the Town of Vail's web site, www.vailqov.com, on the 5th day of December, 2012. Witness my hand and seal this day of lo,�, 2012. C(se Tam el T n of Vail uty Cler ORDINANCE NO. 20 SERIES OF 2012 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, AND REAL ESTATE TRANSFER TAX FUND OF THE 2012 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 2012 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2011, adopting the 2012 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 2012 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 206,075 Capital Projects Fund 628,000 Real Estate Transfer Tax Fund 21,660 Total $ 855,735 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 Ordinance No. 20, Series of 2012 w 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 4th day of December, 2012, and a public hearing shall be held on this Ordinance on the 18th day of December, 2012, 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. 20, Series of 2012 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. 20 Series of 2012, on the Town of Vail's web site, www.vail.gov.com, on the 19th day of December, 2012. Witness my hand and seal this �kday of 12012. a my / ��•pF Vq�� Town Deputy Q k �O' ' (s ORDINANCE NO. 20 SERIES OF 2012 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, AND REAL ESTATE TRANSFER TAX FUND OF THE 2012 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 2012 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 21, Series of 2011, adopting the 2012 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 2012 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 206,075 Capital Projects Fund 778,000 Real Estate Transfer Tax Fund 21.660 Total $ 1,005,735 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 Ordinance No. 20, Series of 2012 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 4th day of December, 2012, and a public hearing shall be held on this Ordinance on the 18th day of December, 2012, 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 18th day of December 2012. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 20, Series of 2012 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. 21 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 8th day of May, 2013. Witness my hand and seal this day of , 2013. ORDINANCE NO. 21 SERIES OF 2012 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR AMENDMENTS TO SECTION 12 -813-7, HEIGHT, VAIL TOWN CODE, TO ESTABLISH AN ALLOWABLE BUILDING HEIGHT FOR GOLF COURSE CLUBHOUSES WITHIN THE OUTDOOR RECREATION DISTRICT, AND TO ALLOW FOR AMENDMENTS TO SECTION 12 -2 -2, DEFINITIONS, VAIL TOWN CODE, TO DEFINE THE TERMS GOLF COURSE AND GOLF COURSE CLUBHOUSES, 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, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; WHEREAS, golf courses are permitted uses within the Outdoor Recreation District pursuant to Ordinance No. 19, Series of 1995, and Section 12 -813-2, Permitted Uses, Vail Town Code; WHEREAS, golf course clubhouses are an accessory building and use customarily incidental and accessory to a golf course that are necessary for the operation thereof. Therefore, golf course clubhouses are conditional uses within the Outdoor Recreation District pursuant to Section 12 -813-3, Conditional Uses, Vail Town Code; WHEREAS, golf course clubhouses are an accessory building and use with unique and special characteristics that must be regulated differently than other accessory buildings and uses within the Outdoor Recreation District in order to achieve the development objectives of the Town; WHEREAS, it is necessary to define the terms "golf course" and "golf course clubhouse" in the Town of Vail Zoning Regulations in order to clarify the intent of this ordinance; WHEREAS, the purpose of this amendment is to establish an allowable building height specifically for golf course clubhouses within the Outdoor Recreation District; WHEREAS, on October 22, 2012, and on November 12, 2012, the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend Section 12 -813-7, Height, Vail Town Code, in accordance with the provisions of the Vail Town Code; Ordinance No. 21, Series 2012 -1- WHEREAS, on November 12, 2012, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the amendment; NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 12 -2 -2, Definitions, Vail Town Code, shall be amended as follows (text that is to be added is bold italics and sections of text that are not amended have been omitted): Golf Course: A recreational facility primarily used for the playing of golf, exclusive of miniature golf, including holes consisting of separate tees, fairways, and greens, as well as related support facilities such as clubhouses, driving ranges, shelters, and other similar buildings and uses customarily incidental and accessory to a golf course. Golf Course Clubhouse: The principal building associated with a golf course, which contains facilities typically available in such buildings, including pro shops, administrative offices, locker rooms, restrooms, golf cart storage, eating and drinking establishments, meeting rooms, banquet facilities, community space and other similar uses. Section 2. Section 12 -86 -7, Height, Vail Town Code, shall be amended as follows (text that is to be added is bold italics): 12 -813-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed twenty one feet (21'). For a sloping roof, the height of buildings shall not exceed twenty four feet (24'). For golf course clubhouses, the height of a flat or mansard roof shall not exceed thirty feet (30') and the height of a sloping roof shall not exceed thirty -three feet (33'). Section 3. Pursuant to Section 12 -3 -7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The 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; b. The amendments further the general and specific purposes of the Zoning Regulations; and, c. The amendments promote the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that Ordinance No. 21, Series 2012 -2- 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 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. 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 7th day of May, 2013, and a public hearing for second reading of this Ordinance set for the 21 st day of May, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 21, Series 2012 -3- I 1 . 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 2012, on the Town of Vail's web site, www.vail-gov.com, on the 22nd day of May, 2013. Witness my hand and seal this,-.,2p day of , 2013. TO�q, Tommy gel •••.........�ti Tov1� nrof ail Depcxt ;��r k • •G •D el •- ORDINANCE NO. 21 SERIES OF 2012 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR AMENDMENTS TO SECTION 12 -813-7, HEIGHT, VAIL TOWN CODE, TO ESTABLISH AN ALLOWABLE BUILDING HEIGHT FOR GOLF COURSE CLUBHOUSES WITHIN THE OUTDOOR RECREATION DISTRICT, AND TO ALLOW FOR AMENDMENTS TO SECTION 12 -2 -2, DEFINITIONS, VAIL TOWN CODE, TO DEFINE THE TERMS GOLF COURSE AND GOLF COURSE CLUBHOUSES, 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, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending the Town's Zoning Regulations; WHEREAS, golf courses are permitted uses within the Outdoor Recreation District pursuant to Ordinance No. 19, Series of 1995, and Section 12 -813-2, Permitted Uses, Vail Town Code; WHEREAS, golf course clubhouses are an accessory building and use customarily incidental and accessory to a golf course that are necessary for the operation thereof. Therefore, golf course clubhouses are conditional uses within the Outdoor Recreation District pursuant to Section 12 -813-3, Conditional Uses, Vail Town Code; WHEREAS, golf course clubhouses are an accessory building and use with unique and special characteristics that must be regulated differently than other accessory buildings and uses within the Outdoor Recreation District in order to achieve the development objectives of the Town; WHEREAS, it is necessary to define the terms "golf course" and "golf course clubhouse" in the Town of Vail Zoning Regulations in order to clarify the intent of this ordinance; WHEREAS, the purpose of this amendment is to establish an allowable building height specifically for golf course clubhouses within the Outdoor Recreation District; WHEREAS, on October 22, 2012, and on November 12, 2012, the Town of Vail Planning and Environmental Commission held a public hearing on the application to amend Section 12 -813-7, Height, Vail Town Code, in accordance with the provisions of the Vail Town Code; Ordinance No. 21, series 2012 -1- WHEREAS, on November 12, 2012, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the amendment; NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 12 -2 -2, Definitions, Vail Town Code, shall be amended as follows (text that is to be added is bold italics and sections of text that are not amended have been omitted): Golf Course: A recreational facility primarily used for: 1) the playing of golf, exclusive of miniature golf, including holes consisting of separate tees, fairways, and greens, and 2) Nordic skiing; as well as related support facilities such as clubhouses, driving ranges, shelters, and other similar buildings and uses customarily incidental and accessory to a golf course, Golf Course Clubhouse: The principal building associated with a golf course, which contains facilities typically available in such buildings, including pro shops, administrative offices, locker rooms, restrooms, golf cart storage, eating and drinking establishments, meeting rooms, banquet facilities, community space and other similar uses. Section 2. Section 12 -813-7, Height, Vail Town Code, shall be amended as follows (text that is to be added is bold italics): 12 -813-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed twenty one feet (21'). For a sloping roof, the height of buildings shall not exceed twenty four feet (24'). For golf course clubhouses, the height of a flat or mansard roof shall not exceed thirty feet (30') and the height of a sloping roof shall not exceed thirty -three feet (33'). Section 3. Pursuant to Section 12 -3 -7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The 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; b. The amendments further the general and specific purposes of the Zoning Regulations; and, c. The amendments promote the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that Ordinance No. 21, Series 2012 -2- 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 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. 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 7th day of May, 2013, and a public hearing for second reading of this Ordinance set for the 21 st day of May, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 21, Series 2012 -3- INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21St day of May, 2013. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 21, Series 2012 Andrew P. Daly, Mayor -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. 22 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 8th day of May, 2013. Witness my hand and seal this day of , 2013. m6ofVwn ' D eputy Clerk (seal) 0.Q!� L NIZ SEAL c °� oRAOo ORDINANCE NO. 22 SERIES OF 2012 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF THE VAIL GOLF COURSE PARKING LOT FROM THE GENERAL USE DISTRICT TO THE OUTDOOR RECREATION DISTRICT, LOCATED AT 1775 SUNBURST DRIVE /LOT 3, SUNBURST FILING 3, 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, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; WHEREAS, the subject property, Lot 3, Sunburst Filing 3, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, (the "subject property ") is part of the Vail Golf Course; WHEREAS, the subject property is the site of a portion of the existing golf course parking lot; WHEREAS, the adjacent unplatted Vail Golf Course property (the "adjacent unplatted Vail Golf Course property ") is the site of the remainder of the golf course parking lot, clubhouse, driving range, starter's shack, numerous golf holes, various accessory buildings, and winter Nordic facilities; WHEREAS, in 1972, the Vail Golf Course, including the subject property and the adjacent unplatted Vail Golf Course property, were annexed into the Town of Vail through Ordinance No. 5, Series of 1972. While it is not clear from the Town's archives, the adjacent unplatted Vail Golf Course property appears to have been subsequently zoned Agriculture District; WHEREAS, in 1973, the Town of Vail approved a final plat for the Sunburst at Vail Subdivision which included the subject property; WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations for the Town of Vail. In establishing comprehensive regulations, this ordinance created 12 new zone districts including the Agriculture and Open Space District. The adjacent unplatted Vail Golf Course property site was subsequently rezoned to the Agriculture and Open Space District. This ordinance also established Special Development District No. 1 for the Sunburst Development, which included the subject property; Ordinance No. 22, Series 2012 -1- WHEREAS, on August 16, 1977, the Town of Vail adopted Ordinance No. 17, Series of 1977, which rezoned the subject property from Special Development District No. 1 to the Public Use District; WHEREAS, on September 14, 1977, the Town of Vail approved the Sunburst Filing 2 plat which established the subject property as Lot 3. On December 20, 1977, the Town of Vail approved the final plat for Sunburst Filing 3, a re- subdivision of Sunburst Filing 2; WHEREAS, in January of 1984, the Town of Vail purchased the Vail Golf Course property from the Pulis Ranch; WHEREAS, on October 4, 1994, the Town of Vail adopted Ordinance No. 21, Series of 1994. In part, this ordinance repealed the Public Use District and reestablished it as the General Use District. This ordinance also established a new zone district named the Outdoor Recreation District; WHEREAS, on November 7, 1995, the Vail Town Council adopted Ordinance No. 19, Series of 1995, which rezoned 67 properties to the Natural Area Preservation District, Outdoor Recreation District, or General Use District. Certain areas of the Vail Golf Course, including the adjacent unplatted Vail Golf Course property, were rezoned from the Agriculture and Open Space District to the new Outdoor Recreation District. This ordinance also amended the Outdoor Recreation District to allow "golf course" as a permitted use. WHEREAS, the subject property and the adjacent unplatted Vail Golf Course property are currently zoned different districts, General Use District and Outdoor Recreation District respectively; WHEREAS, the purpose of this ordinance is rezone the subject property to be the same district as the adjacent unplatted Vail Golf Course property; WHEREAS, on October 22, 2012, and on November 12, 2012, the Town of Vail Planning and Environmental Commission held a public hearing on the zone district boundary amendment to rezone the golf course parking lot, located at 1775 Sunburst Drive /lot 3, Sunburst Filing 3, from General Use District to Outdoor Recreation District; WHEREAS, on November 12, 2012, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the zone district boundary amendment; 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 amendment as further described in Exhibit A: Ordinance No. 22, Series 2012 -2- A rezoning of Lot 3, Sunburst Filing 3, from the General Use District to the Outdoor Recreation District. Section 2. Pursuant to Section 12 -3 -7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The zone district boundary 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. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 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 7th day of May, 2013, and a public hearing for second reading of this Ordinance set for the 21 st day of May, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordinance No. 22, Series 2012 -3- Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk ordinance No. 22, Series 2012 -4- Exhibit A Ordinance No. 22, Series 2012 -5- N 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. 22 Series of 2012, on the Town of Vail's web site, www.vail-gov.com, on the 22nd day of May, 2013. Witness my hand and seal this ' day of , 2013. lTam age l TOti,I/ ..... Town�f Vail Deut Jerk .I sea •• O O D < C. O' ' ORDINANCE NO. 22 SERIES OF 2012 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF THE VAIL GOLF COURSE PARKING LOT FROM THE GENERAL USE DISTRICT TO THE OUTDOOR RECREATION DISTRICT, LOCATED AT 1775 SUNBURST DRIVE /LOT 3, SUNBURST FILING 3, 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, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; WHEREAS, the subject property, Lot 3, Sunburst Filing 3, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, (the "subject property") is part of the Vail Golf Course; WHEREAS, the subject property is the site of a portion of the existing golf course parking lot; WHEREAS, the adjacent unplatted Vail Golf Course property (the "adjacent unplatted Vail Golf Course property ") is the site of the remainder of the golf course parking lot, clubhouse, driving range, starter's shack, numerous golf holes, various accessory buildings, and winter Nordic facilities; WHEREAS, in 1972, the Vail Golf Course, including the subject property and the adjacent unplatted Vail Golf Course property, were annexed into the Town of Vail through Ordinance No. 5, Series of 1972. While it is not clear from the Town's archives, the adjacent unplatted Vail Golf Course property appears to have been subsequently zoned Agriculture District; WHEREAS, in 1973, the Town of Vail approved a final plat for the Sunburst at Vail Subdivision which included the subject property; WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations for the Town of Vail. In establishing comprehensive regulations, this ordinance created 12 new zone districts including the Agriculture and Open Space District. The adjacent unplatted Vail Golf Course property site was subsequently rezoned to the Agriculture and Open Space District. This ordinance also established Special Development District No. 1 for the Sunburst Development, which included the subject property; Ordinance No. 22, Series 2012 -1- WHEREAS, on August 16, 1977, the Town of Vail adopted Ordinance No. 17, Series of 1977, which rezoned the subject property from Special Development District No. 1 to the Public Use District; WHEREAS, on September 14, 1977, the Town of Vail approved the Sunburst Filing 2 plat which established the subject property as Lot 3. On December 20, 1977, the Town of Vail approved the final plat for Sunburst Filing 3, a re- subdivision of Sunburst Filing 2; WHEREAS, in January of 1984, the Town of Vail purchased the Vail Golf Course property from the Pulis Ranch; WHEREAS, on October 4, 1994, the Town of Vail adopted Ordinance No. 21, Series of 1994. In part, this ordinance repealed the Public Use District and reestablished it as the General Use District. This ordinance also established a new zone district named the Outdoor Recreation District; WHEREAS, on November 7, 1995, the Vail Town Council adopted Ordinance No. 19, Series of 1995, which rezoned 67 properties to the Natural Area Preservation District, Outdoor Recreation District, or General Use District. Certain areas of the Vail Golf Course, including the adjacent unplatted Vail Golf Course property, were rezoned from the Agriculture and Open Space District to the new Outdoor Recreation District. This ordinance also amended the Outdoor Recreation District to allow "golf course" as a permitted use. WHEREAS, the subject property and the adjacent unplatted Vail Golf Course property are currently zoned different districts, General Use District and Outdoor Recreation District respectively; WHEREAS, the purpose of this ordinance is rezone the subject property to be the same district as the adjacent unplatted Vail Golf Course property; WHEREAS, on October 22, 2012, and on November 12, 2012, the Town of Vail Planning and Environmental Commission held a public hearing on the zone district boundary amendment to rezone the golf course parking lot, located at 1775 Sunburst Drive /lot 3, Sunburst Filing 3, from General Use District to Outdoor Recreation District; WHEREAS, on November 12, 2012, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the zone district boundary amendment; 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 amendment as further described in Exhibit A: Ordinance No. 22, Series 2012 -2- A rezoning of Lot 3, Sunburst Filing 3, from the General Use District to the Outdoor Recreation District. Section 2. Pursuant to Section 12 -3 -7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The zone district boundary 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. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 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 7th day of May, 2013, and a public hearing for second reading of this Ordinance set for the 21st day of May, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordinance No. 22, Series 2012 -3- Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21St day of May, 2013. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 22, Series 2012 -4- Exhibit A Ordinance No. 22, Series 2012 -5- a 1 r w 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 5th day of December, 2012. Witness my hand and seal this St,day of I�.a_c�,... �,� , 2012. Q 0eal) T my age 0. T wn of Va eputy Clerk ORDINANCE NO. 23 SERIES 2012 AN ORDINANCE APPROVING A FRANCHISE AGREEMENT WITH COMCAST OF COLORADO VI, LLC FOR THE PROVISION OF CABLE SERVICES IN THE TOWN OF VAIL WHEREAS, the Town and TCI Cablevision (the predecessor of Comcast Colorado VI, LLC) entered into a franchise agreement on January 5, 1995 to allow TCI Cablevision to provide cable service to subscribers of such service in the Town of Vail, which franchise agreement expired on January 4, 2010; WHEREAS, on April 2, 2007 and again on December 20, 2010, the Town received from Comcast Colorado VI, LLC ( "Comcast ") an application for renewal of its franchise agreement with the Town; WHEREAS, during negotiations of a new franchise agreement, the existing franchise agreement was extended several times; WHEREAS, during negotiations of a new franchise agreement, the Town discovered performance and technical issues that necessitated resolution prior to the approval of a new franchise agreement; WHEREAS, in July 2011, the Town and Comcast entered into a Compliance Agreement to resolve the performance and technical issues; WHEREAS, by July 2012, the performance and technical issues were resolved and the Compliance Agreement was fully performed; WHEREAS, Article 12 of the Vail Town Charter authorizes the Town Council to grant franchises for a term not to exceed twenty (20) years; WHEREAS, the procedures for renewal of franchise agreements for the provision of cable services is set forth in Chapter 5 of Title 8 of the Vail Town Code; and WHEREAS, the Town Council finds and determines that the franchise agreement with Comcast for the provision of cable services in the Town, in the form attached hereto and incorporated herein by this reference, complies with Article 12 of the Vail Town Charter and Chapter 5 of Title 8 of the Vail Town Code, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Franchise Agreement between the Town and Comcast is hereby approved in substantially the form attached hereto, subject to final approval by the Town Attorney, for a term of ten (10) years, commencing on January 1, 2013. Ordinance No. 23, Series of 2012 1 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 and the inhabitants thereof. Section 4. 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 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 4th day of December, 2012 and a public hearing for second reading of this Ordinance set for the 18th day of December, 2012, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andy Daly, Mayor r_NA -m' 1 Lorelei Donaldson, Town Clerk Ordinance No. 23, Series of 2012 2 J FRANCHISE AGREEMENT TABLE OF CONTENTS SECTION1. DEFINITIONS ......................................................................... ..............................1 SECTION2. GRANT OF FRANCHISE ...................................................... ..............................4 2.1 Grant ............................................................................................... ..............................4 2.2 Use of Public Ways ........................................................................ ..............................5 2.3 Term ............................................................................................... ..............................5 2.4 Effective Date ................................................................................ ..............................5 2.5 Competitive Equity ........................................................................ ..............................6 2.6 Familiarity with Agreement and Acceptance ................................. ..............................6 SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS ........... ..............................6 3.1 Franchise Fee ................................................................................. ..............................6 3.2 Payments ........................................................................................ ..............................7 3.3 Audits ............................................................................................. ..............................7 3.4 Additional Commitments Not Franchise Fees ............................... ..............................7 3.5 Payment on Termination ................................................................ ..............................7 3.6 Service Packages ............................................................................ ..............................8 3.7 Tax Liability ................................................................................... ..............................8 SECTION 4. ADMINISTRATION AND REGULATION 4.1 Rates and Charges .................. ............................... 4.2 No Rate Discrimination ......... ............................... 4.3 Time Limits Strictly Construed ............................. 4.4 Performance Evaluations ....... ............................... 4.5 Late Fees and Disconnection . ............................... ................... ..............................8 ................... ..............................8 ................... ..............................8 ................... ..............................8 ................... ..............................8 ................... ..............................9 SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS ......... ..............................9 5.1 Indemnification .............................................................................. ..............................9 5.2 Indemnification Procedures and Defense ...................................... ..............................9 5.3 Insurance ....................................................................................... .............................10 5.4 Letter of Credit ............................................................................. ..............................1 l 5.5 Performance Bond ......................................................................... .............................12 SECTION 6. CUSTOMER SERVICE ......................................................... .............................12 6.1 Service Availability ...................................................................... .............................12 6.2 Customer Service Standards ......................................................... .............................12 6.3 Customer Privacy .......................................................................... .............................12 6.4 Customer Service Agreement and Manual ................................... .............................13 SECTION7. RECORDS ............................................................................... .............................13 7.1 Required Records .......................................................................... .............................13 7.2 Proprietary Information ................................................................. .............................14 7.3 Copies of Federal and State Reports ............................................. .............................14 SECTION8. PROGRAMMING .................................................................. .............................14 8.1 Broad Programming Categories .................................................... .............................14 8.2 Obscenity ...................................................................................... .............................15 8.3 Services for the Disabled .............................................................. .............................15 8.4 Parental Control Device ................................................................ .............................15 8.5 Complimentary Cable Service ...................................................... .............................15 SECTION9. ACCESS ................................................................................... .............................16 9.1 Access Channels ........................................................................... .............................16 9.2 Triggers for Additional Access Channels ..................................... .............................16 9.3 Underutilized Access Channels .................................................... .............................16 9.4 Access Channel Location .............................................................. .............................16 9.5 Access Channel Promotion ........................................................... .............................17 9.6 PEG Fee ........................................................................................ .............................17 9.7 Return Lines .................................................................................. .............................17 SECTION 10. USE OF PUBLIC WAYS ..................................................... .............................17 10.1 Construction and Maintenance .................................................... .............................17 10.2 Location and Movement of Facilities .......................................... .............................18 10.3 Acquisition of Facilities .............................................................. .............................19 10.4 Reservation of Public Ways ........................................................ .............................19 10.5 Discontinued Facilities ................................................................ .............................19 10.6 Use of Conduit or Ducts .............................................................. .............................20 10.7 Undergrounding .......................................................................... .............................20 10.8 Tree Trimming ............................................................................ .............................20 10.9 GIS Mapping ............................................................................... .............................21 SECTION 11. CABLE SYSTEM DESIGN AND TECHNICAL STANDARDS ..................21 11.1 Technical Performance ................................................................ .............................21 11.2 Cable System Performance Testing ............................................ .............................21 11.3 Standby Power ............................................................................. .............................21 SECTION 12. VIOLATIONS AND REVOCATION ................................. .............................21 12.1 Procedure for Remedying Violations .......................................... .............................21 12.2 Alternative Remedies .................................................................. .............................22 12.3 Liquidated Damages .................................................................... .............................22 11127120!2 Q: I USERSIVAILICOMCASTIAGRWRANCHISE- FINAL.DOC 12.4 Revocation ................................................................................... .............................23 12.5 Purchase of the Cable System ..................................................... .............................24 SECTION13. TRANSFER ........................................................................... .............................24 13.1 Transfer of Ownership or Control ............................................... .............................24 SECTION14. MISCELLANEOUS ............................................................. .............................25 14.1 Cumulative Rights ....................................................................... .............................25 14.2 Costs to be Borne by Comcast .................................................... .............................25 14.3 Binding Effect ............................................................................. .............................25 14.4 Modification ................................................................................ .............................26 14.5 Governing Law and Venue .......................................................... .............................26 14.6 No Joint Venture ......................................................................... .............................26 14.7 Waiver ......................................................................................... .............................26 14.8 Severability .................................................................................. .............................26 14.9 Force Majeure ............................................................................. .............................26 14.10 Entire Agreement ...................................................................... .............................26 14.11 Notices ....................................................................................... .............................26 11127/2012 Q: I USERSIVA1VCOMCAS7MGRTRANCHISE- FINAL -DOC h FRANCHISE AGREEMENT This Franchise Agreement ( "Agreement ") is made between the Town of Vail, Colorado, a Colorado home rule municipality (the "Town ") and Comcast of Colorado VI, LLC ( "Comcast "), on this day of , 2012. WHEREAS, the Town, having determined that the financial, legal, and technical ability of Comcast is reasonably sufficient to provide the services, facilities, and equipment necessary to meet the future cable - related needs of the community, desires to enter into this Agreement with Comcast for the operation and maintenance of a cable system on the terms and conditions set forth herein. NOW THEREFORE, the Town and Comcast agree as follows: SECTION 1. DEFINITIONS For purposes of this Agreement, the following terms shall have the following meanings, provided that terms not defined, or those defined, but not capitalized within the text, shall be given their common and ordinary meaning, and the word "shall" is always mandatory: "Access" includes Public Access, Educational Access and Governmental Access, collectively and means the availability for Noncommercial use by various governmental and educational agencies, institutions and organizations in the community of particular channels on the Cable System to receive and distribute Video Programming to subscribers as permitted under applicable law. "Access Channel" means any Channel designated for Access purposes or otherwise made available to facilitate Access programming. "Affiliate" when used in connection with Comcast means any Person who owns or controls, is owned or controlled by, or is under common ownership or control of Comcast. "Bad Debt" means amounts lawfully owed by a Customer and accrued as revenues on the books of Comcast, but not collected after reasonable efforts by Comcast. "Basic Service" means any Cable Service Tier that includes, at a minimum, the retransmission of local television Broadcast Signals and PEG Access Channels required in this Franchise and any additional programming added by the Town and made available to all Customers in the Franchise Area. 'Broadcast Signal' means a television or radio signal transmitted over the air to a wide geographic audience, and received by a Cable System off -the -air by antenna, microwave, satellite dishes or any other means. "Cable Act" means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, as amended by the Telecommunications Act of 1996, and any amendments thereto. "Cable Operator" means any Person or group of Persons, including Comcast, who provides Cable Service over the Cable System and directly or through one or more Affiliates owns a significant interest in such Cable System or who otherwise controls or is responsible for, through any arrangement, the management and operation of the Cable System. 1 1112712012 Q: I USERSIVAILICOMCASTIAGRTRANCHISE- FINAL.DOC "Cable Service" means the one -way transmission to Customers of Video Programming, or other programming service and Customer interaction, if any, that is required for the selection or use of such Video Programming or other programming service. "Cable System" means Comcast's facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment, designed to provide Cable Service that includes Video Programming and provided to Customers in the Franchise Area. "Channel" means a portion of the frequency band capable of carrying a Video Programming Service or combination of Video Programming Services, whether by analog or digital signal, on a twenty -four (24) hour per day basis or a portion thereof. "Customer" means a Person who lawfully receives Cable Service from the Cable System with Comcast's express permission. "Designated Access Provider" means an entity designated by the Town to manage or co- manage Public, Educational or Governmental Access Channels and facilities. The Town may be a Designated Access Provider. "Dwelling Unit" means any building or portion thereof that has independent living facilities, including provisions for cooking, sanitation and sleeping, and that is designed for residential occupancy. "Educational Access" means Access where Schools are the primary users having editorial control over programming and services. "Emergency" means any condition constituting a clear and present danger to life or property. "Expanded Basic Service" means cable programming services not included in the Basic Service and excluding premium or pay - per -view services. "FCC" means the Federal Communications Commission or its lawful successor. "Fiber Optic" means a transmission medium of optical fiber cable, along with all associated electronics and equipment capable of carrying electric lightwave pulses. "Franchise Area" means the area within the jurisdictional boundaries of the Town, including any areas hereafter annexed by Town. "Franchise Fee" includes any tax, fee or assessment of any kind imposed by the Town on Comcast or Customers, or both solely because of their status as such, but excluding: (i) any tax, fee or assessment of general applicability (including any such tax, fee, or assessment on both utilities and Cable Operators or their services, but not including a tax, fee, or assessment that is unduly discriminatory against Cable Operators or cable Customers); (ii) capital costs that are required by the Agreement to be incurred by Comcast for Access facilities; (iii) requirements or charges incidental to the awarding or enforcing of the Agreement, including but not limited to, payments for bonds, letters of credit, insurance, indemnification, penalties or liquidated damages; or (iv) any fee imposed under Title 17, United States Code. "Governmental Access" means Access where governmental institutions or their designees are the primary users having editorial control over programming and services. "Gross Revenue" means all revenue derived directly or indirectly by Comcast or its Affiliates from the operation of the Cable System in the Franchise Area, including without limitation 2 11/27/2012 Q: I USERSWAIL ICOMCAS7 'AGRIFRANCHISE- FINAL.DOC monthly and other fees charged Customers for Cable Service including Basic Service, Expanded Basic Service, any expanded Tiers of Cable Service, other Tiers of Cable Service, optional Premium Service, pay - per -view and per - program Channels, Cable Service installation, disconnection, reconnection and change -in- service fees, Leased Access Channel fees, remote control rental fees, late fees and administrative fees, consideration received by Comcast from programmers for carriage of Cable Service on the Cable System and recognized as revenue under generally accepted accounting principles ( "GAAP "), revenues from rentals of converters or other Cable System equipment, advertising sales revenues (including local, regional and a pro rata share of national advertising carried on the Cable System in the Franchise Area but excluding commissions paid to an unaffiliated agency), revenues from program guides, additional outlet fees, revenue from the sale or carriage of other Cable Service, and revenues from home shopping. Gross Revenue does not include (i) to the extent consistent with GAAP, Bad Debt, provided, however, that any part of such Bad Debt that is written off but subsequently collected shall be included in Gross Revenue in the period collected; or (ii) any taxes on services furnished by Comcast that are imposed directly on any Customer or user by the State, Town or other governmental unit and that are collected by Comcast on behalf of said governmental unit; or (iii) capital costs or contributions required by this Franchise. Franchise Fees are not a tax and are therefore included in Gross Revenue. "Headend" or "Hub" means a facility for signal reception and dissemination on a Cable System, including cable, antennas, wires, satellite dishes, monitors, switchers, modulators, processors for Broadcast Signals or other signals, and all other related equipment and Facilities. "Incremental Costs" means Comcast's direct and actual material and labor cost (excluding profit) of constructing, relocating or placing additional facilities for the Town, excluding the costs that Comcast would otherwise incur to construct, relocate or place facilities for Comcast including, but not limited to, trenching, pipe bedding, backfilling, compacting, restoring the surface, and other charges, costs or expenses. "Institutional Network" means that part of the Cable System facilities or capacity designated for use by non - residential Customers including communications to, from and among government agencies, schools, libraries and other public agencies. "Interconnect" or "Interconnection" means the provision of Access Channel programming to a geographically contiguous cable system, including technical, engineering, physical, and other necessary components to accomplish, complete and adequately maintain such provisioning. "Late fee" means and includes any assessment, charge, cost, fee or sum, however characterized, that Comcast imposes upon a Customer solely for late payment of a bill is a late fee. "Leased Access Channel" means any Channel or portion of a Channel commercially available for programming in accordance with Section 612 of the Cable Act. "Noncommercial" means, in the context of Access Channels, those particular products and services that are not promoted or sold in order to generate revenue that exceeds the costs of operations for the Town or any Designated Access Provider. This term shall not be interpreted to prohibit an Access Channel operator or programmer from soliciting and receiving contributions used to produce and transmit Video Programming on an Access Channel, or from acknowledging a contribution, in the manner of the Corporation for Public Broadcasting or some similar manner, subject to applicable law. 3 1112712012 Q:1 USERSIVAILICOMCASTIAGRIFRANCHISE- FINAL.DOC "Person" means any natural person, lawful trustee, successor, assignee, transferee, or personal representative, sole proprietorship, partnership, joint venture, association, or limited liability entity or corporation, or any other form of entity or organization. "Public Access" means Access where any member of the general public may be a programmer on a nondiscriminatory basis, subject to operating rules formulated by the Town or its designee. Such rules shall not be designed to control the content of public access programming. Such rules may also address the extent to which and manner in which members of the general public who are not residents of the Town may be programmers on the Access Channel. "Public Way" means land in the Franchise Area acquired for or dedicated to the public and maintained under public authority, including but not limited to public streets, roads, highways, avenues, lanes, alleys, bridges, sidewalks, easements, and similar public property. "Residential Subscriber" means any Person who receives Cable Service delivered to a Dwelling Unit, excluding such multiple Dwelling Units billed on a bulk - billing basis. "Standard Installation" means a one hundred twenty five (125) foot drop connecting to the exterior demarcation point. "State" means the State of Colorado. "Tier" means a category of Cable Service provided by Comcast for which a separate rate is charged. "Video Programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, or cable programming provider primarily consisting of full motion video and audio. SECTION 2. GRANT OF FRANCHISE 2.1 Grant (A) The Town hereby grants to Comcast a nonexclusive authorization to make reasonable and lawful use of the Public Ways to construct, operate, maintain, reconstruct, repair and upgrade the Cable System for the purpose of providing Cable Service, subject to this Agreement and applicable law. Comcast shall provide Cable Service, as authorized by this Agreement, in the Franchise Area in accordance with line extension and density provisions as provided herein. The franchise granted by this Agreement is subject to all prior rights, interests, easements, or franchises granted by Town or its predecessors to any Person to any property or Public Way, including the right of the Town to use same for any purpose it lawfully deems fit. This Agreement conveys limited rights and interests in only those Public Ways in which the Town has an actual interest; it is not a warranty of title or interest in any property. (B) Comcast shall comply with the Vail Town Code and the lawful exercise of the Town's police power. Subject to the Town's lawful exercise of its police power, in the event of a conflict between the Vail Town Code and the Agreement, the Agreement shall govern. Comcast acknowledges that the Town may enforce or modify its generally applicable regulatory policies by lawful exercise of the Town's police powers throughout the term of this Agreement, and Comcast agrees to comply with such lawful enforcement or modifications. Comcast reserves the right to challenge provisions of any ordinance, rule, regulation or other enactment of the Town that conflicts with its contractual rights under the Franchise, either now or in the future. This 4 11/17/1011 Q:1 USERSI VAILICOMCAS7I4GRTRANCHISE- FINAL.DOC Agreement shall not be interpreted to prevent the Town from imposing other conditions, to the extent permitted by law. (C) No rights shall pass to Comcast by implication. Without limiting the foregoing, by way of example and not limitation, this Agreement shall not be a substitute for: any other permit or authorization required for the privilege of transacting and carrying on a business within the Town that is required by the Town; any permit, agreement or authorization required by the Town for Public Way users in connection with operations on or in Public Ways or public property; or any permits or agreements for occupying any other property to which access is not specifically granted by this Agreement. (D) This Agreement is an express authorization to provide Cable Service only. This Agreement is not a bar to the imposition of any lawful conditions on Comcast with respect to non -Cable Service, telecommunications services or information services, whether similar, different or the same as the condition specified herein. This Agreement does not relieve Comcast of any obligation it may have to obtain from the Town an authorization to provide non - Cable Service, telecommunications services or information services or relieve Comcast of its obligation to comply with any such authorization(s) that may be lawfully required. (E) This Agreement shall have no effect on any obligation of Comcast in effect prior to the effective date of this Agreement to indemnify or insure the Town against acts and omissions occurring during the period that the prior franchise agreement was in effect, nor shall it have any affect upon liability to pay Franchise Fees that were due and owed under a prior franchise. 2.2 Use of Public Ways (A) Subject to the Vail Town Code, as amended, Comcast may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, through, below and along the Public Ways, such wires, cables, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the Cable System. (B) Comcast shall install Cable System facilities in a manner that minimizes interference with the use of the Public Ways by others. To protect public health, safety and welfare, the Town may: require that Cable System facilities be installed at a particular time, at a specific place or in a particular manner as a condition of access to a particular Public Ways; deny access if Comcast is not willing to comply with Town's requirements; remove, or require removal of, any facility that is not installed in compliance with the requirements established by Town, or that is installed without prior Town approval of the time, place or manner of installation and charge Comcast for all the costs associated with removal; and require Comcast to cooperate with others to minimize adverse impacts on the Public Ways through joint trenching and other arrangements. 2.3 Term This Agreement shall have a term of ten (10) years, beginning on the Effective Date. 2.4 Effective Date The Effective Date of this Agreement shall be January 1, 2013. 1112712012 Q: I USERSI VAILICOMCAS7IAGRIFRANCHISE- FINAL.DOC 2.5 Competitive Equity (A) Comcast acknowledges and agrees that the Town reserves the right to grant additional franchises to provide Cable Service in the Franchise Area; provided that if any such franchise is granted by the Town which, in the reasonable opinion of Comcast, contains more favorable or less burdensome Material Terms and Conditions than this Agreement, the Town agrees that, within ninety (90) days of Comcast's request, the parties shall amend this Franchise to insure that the regulatory and financial burdens on each entity are materially equivalent. "Material Terms and Conditions" includes without limitation: Franchise Fees; insurance coverage amounts; System build -out requirements; Public, Education and Government Access Channels and support; customer service standards; required reports and related record keeping; and notice and opportunity to cure breaches. The parties agree that this Subsection does not require a word for word identical franchise or authorization for a competitive entity if the regulatory and financial burdens on each entity are materially equivalent. (B) If an application for a new cable franchise is filed with the Town proposing to serve the Franchise Area, in whole or in part, the Town shall make a good faith effort to provide notice of such application upon Comcast prior to acting on the application. (C) Notwithstanding any provisions to the contrary, at any time that a facilities -based Cable Services provider, legally authorized by state or Federal law, makes Cable Services or multiple Channels of Video Programming within the Franchise Area available for purchase by Customers without a franchise or other similar lawful authorization granted by the Town, then Comcast may seek modification pursuant to subsection (A) hereof, or the term of this Franchise shall, upon ninety (90) days written notice from Comcast, be shortened so that the Franchise shall be deemed to expire on a date six (6) months from the first day of the month following the date of Comcast's notice; provided, however, that if the provision of Cable Services or Video Programming by the other facilities -based Cable Services Provider within the Franchise Area is being legally challenged by the Town, the term of this Franchise shall remain unaffected until such legal challenge is concluded. 2.6 Familiarity with Agreement and Acceptance (A) Comcast acknowledges and warrants that it has carefully read and fully comprehends the terms of this Agreement and that it has fully considered the requirements of this Agreement, and finds that the same are commercially practicable at this time and consistent with all local, State and federal laws and regulations currently in effect. (B) By executing this Agreement, Comcast: (1) acknowledges and accepts the Town's legal right to issue and enforce the Agreement; (2) agrees that it will not oppose the Town's lawful intervention in any legal or regulatory proceeding affecting the Cable System; (3) accepts and agrees to comply with every provision of this Agreement; and (4) agrees that the Agreement was negotiated in compliance with applicable law, and that it will not raise any claim to the contrary. SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS 3.1 Franchise Fee As compensation for the use of the Public Ways, Comcast shall pay as a Franchise Fee to Town, for the duration of this Agreement, an amount equal to five percent (5 %) of Comcast's Gross Revenue. 6 11/27/2012 Q: I USERSI VAIL I COMCASTI AGR I FRANCHISE - FINAL. DOC 3.2 Payments (A) Franchise Fee payments to Town shall be computed quarterly for the preceding calendar quarter ending March 31, June 30, September 30, and December 31. Each quarterly payment shall be due and payable no later than thirty (30) days after said dates. For untimely payments, Comcast shall pay, in addition to the payment or sum due, interest from the due date at the rate of eight percent (8 %) per annum until the date the Town receives the payment. (B) No acceptance of payment shall be construed as an accord by Town that the amount paid is the correct amount, nor shall an acceptance of payment be construed as a release of any claim Town may have against Comcast. The period of limitation for recovery of Franchise Fees payable hereunder shall be three (3) years from the date on which payment by Comcast was due or such shorter period of time if so provided by law. (C) A report prepared by a representative of Comcast showing the basis for the computation of the Franchise Fees paid during that period shall either accompany the Franchise Fee payment or be provided under separate cover within ten days of the report. 3.3 Audits (A) On an annual basis, upon thirty (30) days' prior written notice, the Town may conduct an independent audit of Comcast's financial records necessary to ensure compliance with this Agreement. If Comcast cooperates in making all relevant records available upon request, the Town will in good faith attempt to complete each audit within six (6) months, and the audit period shall not be any greater than the previous three (3) years. (B) Additional amounts due to the Town as a result of the audit shall be paid within sixty (60) days following written notice to Comcast. If a Franchise Fee underpayment is discovered as the result of an audit, Comcast shall pay, in addition to the amount due, interest at the maximum allowed rate as provided under State law calculated from the date the underpayment was originally due until the date the Town receives the payment. (C) If the audit shows that Franchise Fees have been underpaid by five percent (5 %) or more in a calendar year, Comcast shall pay the actual cost of the audit in a total amount not to exceed $10,000. 3.4 Additional Commitments Not Franchise Fees No term of this Agreement shall affect Comcast's obligation to pay Franchise Fees. Although the total sum of Franchise Fee payments and additional commitments set forth elsewhere in this Agreement may total more than five percent (5 %) of Gross Revenue in any twelve -month period, Comcast agrees that the additional commitments regarding PEG funding and Access Channels are not Franchise Fees, nor are they to be offset or credited against Franchise Fee payments unless specifically provided by applicable law. 3.5 Payment on Termination Within one hundred twenty (120) days of termination of this Agreement, Comcast shall file with the Town a financial statement, certified by an independent certified public accountant, showing the Gross Revenue received by Comcast since the end of the previous fiscal year. Within forty five (45) days of the filing of the certified statement with the Town, Comcast shall pay any unpaid amounts as indicated. If Comcast fails to satisfy its remaining financial obligations as 11/27/2012 Q. I USERSIVAILICOMCASnAGRIFRANCHISE- FINAL.DOC required in this Agreement, the Town may do so by utilizing the funds available in a Letter of Credit or other security provided by Comcast. 3.6 Service Packages If Comcast offers bundled Cable Service and non -Cable Service to Customers, Comcast shall fairly and reasonably allocate revenue with regard to Cable Service. 3.7 Tax Liability The Franchise Fees shall be in addition to all taxes or other levies or assessments now or hereafter required to be paid by businesses by any applicable law including without limitation sales, use, utility and other taxes, and business license fees. SECTION 4. ADMINISTRATION AND REGULATION 4.1 Rates and Charges (A) Comcast's rates and charges for Cable Service shall be subject to regulation by Town to the full extent authorized by applicable federal, State and local laws. Customer billing shall be itemized by service pursuant to FCC Regulation, 47 C.F.R. § 76.1619 or as amended. (B) Comcast will use best efforts to maintain with the Town a current schedule of applicable rates charged for Cable Service provided under this Agreement. The Town recognizes that such rates change periodically, and if the Town clerk has reason to believe that the schedule of rates on file is not up to date, then upon three (3) days advance request, Comcast shall provide the Town with a current and complete schedule of applicable rates and charges for Cable Service provided to Customers in the Town. Nothing in this Subsection shall be construed to require Comcast to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with promotional campaigns. 4.2 No Rate Discrimination All Comcast rates and charges shall be published (in the form of a publicly - available rate card), made available to the public, and shall be non - discriminatory as to all Persons of similar classes, under similar circumstances. Nothing herein shall be construed to prohibit: (1) The temporary reduction or waiving of rates or charges in conjunction with promotional campaigns; (2) The offering of reasonable discounts to similarly situated Persons; or (3) The offering of bulk discounts for multiple Dwelling Units. 4.3 Time Limits Strictly Construed When this Agreement sets forth a time for any act to be performed by Comcast, such time shall be deemed to be of the essence, and any failure of Comcast to perform within the allotted time may be considered a breach of this Agreement. 4.4 Performance Evaluations Special evaluation sessions may be held at any time upon written request and upon not less than thirty (30) days prior notice by the Town during the term of this Agreement. All such evaluation sessions shall be open to the public. Topics that may be discussed at any evaluation session may include those issues surrounding Comcast's failure to comply with the terms of the Agreement 1112712012 Q: I USERSIYAILICOMCASTIAGRIFRANCH ISE- FINAL.DOC provided that nothing in this Subsection shall be construed as requiring the renegotiation of this Agreement or any term or provision therein and further provided that this Subsection need not be followed before other legal or equitable remedies within this Agreement. 4.5 Late Fees and Disconnection Comcast's late fee and disconnection policies and practices shall be nondiscriminatory, and such policies and practices, and any fees imposed pursuant to this Subsection, shall apply equally throughout the Franchise Area without regard to the neighborhood or income level of the Customers. SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS 5.1 Indemnification (A) Comcast, at its own expense, shall indemnify, defend and hold harmless the Town, its officers, officials, boards, commissions, agents, representatives and employees, from any action or claim for injury, damage, loss, liability, settlement, proceeding, judgment, or cost or expense, including court and appeal costs and attorney fees and expenses, arising from any casualty or accident to Person or property, including, without limitation, copyright infringement, defamation, and all other damages in any way arising out of, or by reason of, any construction, excavation, erection, operation, maintenance, repair or reconstruction, or any other act done under this Agreement, by or for Comcast, its authorized agents, or by reason of any neglect or omission of Comcast, its authorized agents or its employees. Comcast shall consult and cooperate with the Town while conducting its defense of the Town. (B) The provisions of this Section 5 shall survive the termination of this Agreement unless superseded by indemnification provisions in a new franchise or in federal or state law. (C) Subject to applicable law, Comcast shall indemnify the Town for any damages, including but not limited to damages incurred as a result of delay, payable by the Town related to Comcast's failure to properly install, remove, adjust or relocate any of its facilities in the Public Ways in accordance with any lawful relocation required by the Town. (D) Comcast shall also indemnify, defend and hold the Town harmless for any claim for injury, damage, loss, liability, cost and expense, including court and appeal costs and attorney fees and expenses in any way arising out of any failure by Comcast to secure consents from the owners, authorized distributors or franchisees /licensors of programs to be delivered by the Cable System, provided however, that Comcast will not be required to indemnify the Town for any claims arising out of the use of Access Channels by the Town or its Designated Access Provider or use by the Town of the emergency alert system. 5.2 Indemnification Procedures and Defense (A) If a claim or action arises, the Town or any other indemnified party shall promptly tender the defense of the claim or action to Comcast, which defense shall be at Comcast's expense. The Town may participate in the defense of a claim and Comcast may not agree to any settlement of claims without the Town's written approval, which shall not be unreasonably withheld. (B) The fact that Comcast carries out any activities under this Agreement through independent contractors shall not constitute an avoidance of or defense to Comcast's duty of defense and indemnification. 9 11/27/2012 Q: I USERSIVAILICOMCASTIAGRIFRANCHISE- FINAL.DOC (C) If separate representation is necessary, such as a conflict of interest between the Town and the counsel selected by Comcast to represent the Town, Comcast shall select other counsel. 5.3 Insurance (A) Comcast shall maintain at all times in full force and effect at its own expense each of the following policies of insurance: (1) Commercial General Liability coverage for bodily injury, personal injury, and property damage with limits of no less than two million dollars ($2,000,000) per occurrence. The general aggregate limit shall be no less than five million dollars ($5,000,000). (2) Commercial Automobile Liability Insurance with minimum combined single limits of at least three million dollars ($3,000,000) each occurrence and five million dollars ($5,000,000) aggregate with respect to each of Comcast's owned, hired and non - owned, or any other vehicles assigned to or used in any activities authorized under or used in conjunction with this Agreement. (3) Employer's Liability with limits of at least one million dollars ($1,000,000). (4) Workers' Compensation insurance shall be maintained during the life of this Agreement to comply with State law for all employees. (B) Each policy shall provide that the insurance shall not be canceled or terminated so as to be out of compliance with these requirements without forty-five (45) days' prior written notice, and ten (10) days' notice for nonpayment of any premium. Comcast shall maintain continuous uninterrupted insurance coverage, in at least the amounts required, until all work required to be performed under the terms of this Agreement is satisfactorily completed and, in the case of Commercial General Liability Insurance, for at least one (1) year after termination of this Agreement. A failure of Comcast to comply with any claim reporting provisions or any breach of an insurance policy warranty shall not affect coverage afforded under the policy to protect the Town. However, if coverage is not afforded under these circumstances, Comcast shall indemnify the Town for losses the Town otherwise would have been covered for as an additional insured. (C) All insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against the Town, its officers, officials, agents, and employees for any claims arising out of Comcast's work or service. Comcast shall be responsible for deductibles or self - insured retention. (D) All policies shall contain, or shall be endorsed so that: (1) The Town and its officers, officials, boards, commissions, agents, representatives, and employees are to be covered as, and have the rights of, additional insureds with respect to liability arising out of activities performed by, or on behalf of, Comcast under this Agreement or applicable law, or in the construction, operation, upgrade, maintenance, repair, replacement or ownership of the Cable System; (2) Comcast's insurance coverage shall be primary insurance with respect to the Town and its officers, officials, boards, commissions, agents, volunteers and employees. Any insurance or self insurance maintained by the Town or its officers, officials, boards, 10 11/27/2012 Q:1 USERSIVAILICOMCASTIAGRTRANCHISE- FINAL.DOC commissions, agents, representatives, volunteers or employees shall be in excess of Comcast's insurance and shall not contribute to it, provided the occurrence arises out of Comcast's negligence; and (3) Comcast's insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability. (E) Comcast shall furnish the Town with certificates of insurance and an endorsement reflecting additional insured status. The certificates for each insurance policy are to be on standard forms or such forms as are consistent with standard industry practices, and are to be received and approved by the Town at the time of acceptance of this Agreement by Comcast with existing insurance coverage to be maintained by Comcast until that date. Comcast hereby warrants that its insurance policies satisfy the requirements of this Agreement. (F) The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on liability or indemnification. 5.4 Letter of Credit (A) On the Effective Date, Comcast shall provide to the Town as security for the faithful performance by Comcast of all provisions of this Agreement, a letter of credit from a financial institution satisfactory to the Town in the amount of fifty thousand dollars ($50,000) (the "Initial Letter of Credit "). If, on December 31, 2014, Comcast is in compliance with this Agreement, including without limitation the Customer Service Standards, the Town shall release the Initial Letter of Credit, and Comcast shall provide the performance bond required by Section 5.5 hereof. (B) At any time during the term of this Agreement after the Initial Letter of Credit has been released by the Town, if there is a claim by the Town of an uncured breach by Comcast of a provision of this Franchise, then the Town may require and Comcast shall reestablish and provide, as quickly as possible, but no later than thirty (30) days after a request from the Town, a letter of credit from a financial institution satisfactory to the Town in the amount of fifty thousand dollars ($50,000). (C) After completion of the procedures set forth in Section 12.1 or other applicable provisions of this Franchise, the letter of credit may be drawn upon by the Town for purposes that include, but are not limited to the following: (1) Failure of Comcast to pay the Town sums due under this Agreement; (2) Reimbursement of costs borne by the Town to correct violations not corrected by Comcast; and (3) Liquidated damages assessed against Comcast as provided in this Agreement. (D) The Town shall give Comcast written notice of any withdrawal under this Subsection upon such withdrawal. Within ten (10) days following receipt of such notice, Comcast shall restore the letter of credit to the amount required under this Agreement. 11 11/27/2012 Q.• I USERSI VAILICOMCAS7I4GRIFRANCHISE- FINAL.DOC 5.5 Performance Bond Within seven (7) days of the release of the Initial Letter of Credit, Comcast shall provide a performance bond to the Town in the amount of fifty thousand dollars ($50,000) to ensure the faithful performance of its responsibilities under this Agreement and applicable law, including, by way of example and not limitation, its obligations to relocate and remove its facilities and to restore property. Comcast may be required to obtain additional bonds, such as generally applicable construction bonds, in accordance with the Vail Town Code. All bonds shall be in a form approved by the Town Attorney. Comcast shall pay all premiums or costs associated with maintaining the bonds, and shall keep the same in full force and effect at all times. SECTION 6. CUSTOMER SERVICE 6.1 Service Availability (A) Except as otherwise provided herein, Comcast shall provide a standard aerial installation of Cable Service within seven (7) days of a request by any Person in the Franchise Area. Standard Installations shall be done within seven (7) days of a request for service. Comcast shall provide such service: (1) With no extension charge except as specifically authorized by this Agreement; (2) At a non - discriminatory installation charge for a Standard Installation and with additional charges for non - Standard Installations computed according to a non- discriminatory methodology for such installations; and (3) At non - discriminatory monthly rates for all Customers, excepting commercial Customers, Multiple Dwelling Unit Bulk Customers and other lawful exceptions to uniform pricing. (B) No Person shall be refused service arbitrarily. However, for non - Standard Installations or a density of less than twenty five (25) residences per 5280 aerial cable- bearing strand feet of trunk or distribution cable, or sixty (60) residences per 5280 underground trench feet of trunk or distribution cable, Cable Service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements. Comcast may require that the payment of the capital contribution in aid of construction be borne by such potential Customers and be paid in advance. 6.2 Customer Service Standards Comcast shall comply with the Customer service standards in 47 C.F.R. §§ 76.309, 76.1602, 76.1603 and 76.1619, and any local standards adopted in accordance with applicable law. Comcast acknowledges the Town's ability to enact customer service standards that exceed those enacted by the FCC and the Town acknowledges Comcast's right to recover the costs associated with complying with such standards. Comcast shall not enter into a contract with any Customer that is in any way inconsistent with the terms of this Agreement, or the requirements of any applicable Customer service standards. 6.3 Customer Privacy Comcast shall comply with privacy rights of Customers in accordance with applicable law. 12 11/27/2012 Q:1 USERSI VAILICOMCASTI AGRIFRANCHISE- FINAL.DOC 6.4 Customer Service Agreement and Manual (A) Comcast shall provide to Customers an accurate, comprehensive service agreement and customer installation packet for use in establishing Customer service. This material shall, at a minimum, contain the following: (1) Comcast's procedure for investigation and resolution of Customer complaints; (2) Services to be provided and rates for such services; (3) Billing procedures; (4) Service termination procedure; (5) A complete statement of the Customer's right to privacy; (6) Equipment policy; and, (7) The name, address and phone number of the Customer service department that is responsible for handling questions and complaints for Comcast. (B) A copy of the current installation packet shall be available to each Customer: (1) at the time of initial installation and at any time the packet is requested by the Customer. SECTION 7. RECORDS 7.1 Required Records (A) Comcast shall at all times maintain: (1) Access to a full and complete set of plans, records and maps showing the location of all Cable System facilities in Public Ways; (2) A copy of all FCC filings on behalf of Comcast, its parent corporations or Affiliates that relate to the operation of the Cable System in the Franchise Area; (3) A list of Comcast's rates and Channel line -ups; and, (4) Financial records as required by Section 3 hereof. (B) The Town, upon reasonable prior written notice to Comcast, may review Comcast's records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area which are reasonably necessary to monitor and enforce Comcast's compliance with this Agreement, including without limitation any records required to be kept in a public file by Comcast pursuant to FCC rules and regulations. All such records shall be retained by Comcast for at least three (3) years. Comcast shall not deny the Town access to any of Comcast's records on the basis that Comcast's records are under the control of any parent corporation, Affiliate or a third party. The Town may request in writing copies of such records that are reasonably necessary, and Comcast shall provide such copies within thirty (30) days at Comcast's sole expense. If the requested records are too voluminous, or for security reasons cannot be copied or removed, then Comcast may request, in writing within ten (10) days of receipt of such request, that the Town inspect them at Comcast's local offices or at one of Comcast's offices more convenient to Town or its duly authorized agent. If any records of Comcast are not kept in such office and not made available to the Town upon written request, and if the Town determines that an examination of such records is necessary for the enforcement 13 1112712012 Q. I USERSAVAILICOMCASTAAGRWRANCHISE- FINAL.DOC of this Agreement, then all reasonable travel expenses incurred in making such examination shall be paid by Comcast. (C) Comcast shall maintain at its business office, in a file available for public inspection during regular business hours, those documents required pursuant to FCC rules and regulations. (D) Comcast shall keep an accurate and comprehensive compilation of any and all Customer complaints received and Comcast's actions in response to those complaints, in a manner consistent with the privacy rights of Customers. Comcast shall provide an executive summary report to the Town on an annual basis within one hundred twenty (120) days of the end of each year that shall include the following information: (1) Nature, date and type of Customer complaints escalated to Comcast by the Town in writing and date complaints were resolved; (2) Average response time for service calls; (3) Phone activity report; (4) A summary of the previous year's activities regarding the development of the Cable System, including, beginning and ending plant miles constructed; (5) An annual report of the company on Form 10 -K that is filed with the U.S. Securities and Exchange Commission; and, (6) A copy of all Comcast's rules and regulations applicable to Customers. 7.2 Proprietary Information If Comcast provides records to the Town, the Town agrees to keep confidential any proprietary information to the extent permitted by law. Comcast shall be responsible for clearly and conspicuously identifying the work proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under applicable law. 7.3 Copies of Federal and State Reports Within thirty (30) days of the Town's written request, Comcast shall submit to the Town copies of any pleading, application, notification, communication or document of any kind, submitted by Comcast or an Affiliate to any federal, State or local court, regulatory agency or other government body if such documents relate to the operations of the Cable System. Comcast shall not claim confidential, privileged or proprietary rights to such documents, unless under federal, State, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or State agency. With respect to all other reports, documents and notifications provided to any federal, State or local regulatory agency as a routine matter in the due course of operating the Cable System, Comcast shall make such documents available to the Town upon the Town's written request. SECTION 8. PROGRAMMING 8.1 Broad Programming Categories (A) Comcast shall provide at least the following initial broad categories of programming to the extent such categories are reasonably available. • Educational programming; 14 11/27/2012 Q. I USERSIVAI LICOMCASTIAGRIFRANCH ISE- F/NAL.DOC • News, weather and information; • Sports; • General entertainment including movies; • Foreign language programming; • Children's programming; • Family oriented programming; • Arts, culture, performing arts programming; • Science and documentary programming; • National /international news; and • Local /regional news. (B) Comcast shall not delete or so limit as to effectively delete any broad category of programming within its control without prior written notice to the Town. (C) In the event of a modification proceeding under federal law, the mix and quality of Cable Service provided by Comcast shall follow the guidelines of Federal law. 8.2 Obscenity Comcast shall not transmit, or permit to be transmitted, over any Channel subject to its editorial control any programming which is obscene under applicable federal, State or local laws. 8.3 Services for the Disabled In providing Cable Service to the disabled, Comcast shall comply with the Americans With Disabilities Act, as amended. 8.4 Parental Control Device Upon request by any Customer, Comcast shall make available at no charge a parental control device to enable a Customer to control access to both the audio and video portions of any Channels. Comcast shall inform its Customers of the availability of the device at the time of their initial subscription and upon request. 8.5 Complimentary Cable Service Comcast, upon request, shall provide without charge, a Standard Installation and one outlet of Basic Service to those buildings now existing, acquired or hereafter constructed that are either owned and occupied or leased and occupied by the Town, its designee or other governmental entity, including without limitation fire stations, police stations, libraries, schools and the Access studio, provided that they are already served or are within one hundred twenty -five (125) feet of the Cable System. The Cable Service provided shall not be distributed beyond the originally installed outlet without authorization from Comcast, which shall not be unreasonably withheld. In the case of leased facilities, the recipient of service is responsible for securing approval for appropriate right of entry suitable to Comcast in its reasonable discretion. The Cable Service provided shall not be used for commercial purposes or in golf course clubhouses. For new hookups, Comcast shall not provide an outlet to such buildings where a non - Standard Installation 15 11/27/2012 Q. I USERSIVAILICOMCASTIAGRWRANCHISE- FINAL.DOC is required, unless the Town or building owner /occupant agrees to pay the cost of the non - Standard Installation. SECTION 9. ACCESS 9.1 Access Channels (A) Comcast shall provide, at no charge, two (2) Public, Educational or Governmental (PEG) Access Channels. (B) The Town may delegate management of the PEG Access Channels to a Designated Access Provider. (C) All PEG Access Channels provided for in this Agreement shall be carried system -wide in the Franchise Area, and shall be provided on the Basic Service tier unless otherwise agreed to by the parties. (D) The technical quality of the PEG Access Channels shall not be lower than the quality of other Channels on the same tier of service, at the same technical quality that programming is provided to Comcast by the Town or its Designated Access Provider. (E) The Town shall establish and enforce rules for use of the PEG Access Channels to assure nondiscriminatory access to the Channels to similarly situated users; and to promote use and viewership of the channels, consistent with applicable law. PEG Access Channels may not be used for commercial purposes. (F) Comcast may not exercise any editorial control over the content of programming on the PEG Access Channels. 9.2 Triggers for Additional Access Channels The Town may require Comcast to make available up to one (1) additional Access Channel when the Access Channels required by Subsection 9.1 are used for locally scheduled original programming for at least forty eight (48) hours per week between 9:00 a.m. and midnight during any consecutive ten (10) week period, and then Comcast shall make available, upon written request, within six (6) months, one additional Access Channel for Access Programming purposes. The programming of any additional Access Channel shall contain distinct and non - repetitive programming of the other Access Channels. 9.3 Underutilized Access Channels Comcast and the Town agree that it is their mutual goal to fully and efficiently use the Channel capacity of the Cable System, which may include allowing Comcast to use underutilized Access Channels. If Comcast believes that any Access Channel is underutilized, Comcast may file a request with the Town to use that Access Channel. The Town shall in its sole discretion render a decision regarding the matter within six (6) months of receiving the request. Should the Town find that the Access Channel may be used by Comcast, then Comcast may begin using such Channel thirty (30) days after receipt of the decision, until such time as the Town requires that the Channel again be available for Access purposes in accordance with Subsection 9.2. 9.4 Access Channel Location (A) Comcast shall use its best efforts to minimize the movement of Access Channel assignments. Comcast shall provide to the Town a minimum of ninety (90) days prior written 16 11/27/2012 Q: I USERSIYAILICOMCASMGRTRANCHISE- FINAL.DOC notice, prior to any relocation of its Access Channels, unless the change is required by federal law, in which case Comcast shall give the Town the maximum notice possible. Comcast shall pay the Town two thousand dollars ($2,000) per Access Channel, per move. (B) Comcast, at Comcast's expense, shall include notice of Access Channel changes in its regular monthly billing. 9.5 Access Channel Promotion Upon request, and when space is available, Comcast shall provide the Town the opportunity to include one bill insertion per year. The Town shall be responsible for the costs of printing its bill insertions, the cost of inserting the information into Comcast's bills and for any incremental postage costs. Comcast shall be provided an opportunity to review all bill insertions. 9.6 PEG Fee (A) Within ninety (90) days of a written request by the Town, Comcast shall collect and provide to Town an amount equal to twenty -five cents ($0.25) per Residential Subscriber per month as capital support for PEG access ( "PEG Fee "). Comcast shall make PEG Fee payments quarterly, no later than thirty (30) days following the end of the quarter. The Town has the right to reduce or increase the PEG Fee up to a maximum of fifty cents ($0.50) per Residential Subscriber per month, after holding a public hearing and inviting public comment on the matter. The Town shall notify Comcast in writing of any changes to the PEG Fee at least sixty (60) days prior to such change. (B) To the extent permitted by law, the PEG Fee may be itemized on Customer billing statements and recovered from Customers over the term of this Agreement. Comcast shall not be responsible for paying the PEG Fee with respect to gratis or Bad Debt accounts. 9.7 Return Lines (A) Comcast shall maintain the return lines from all existing Access broadcast facilities to the Headend in order to enable the distribution of programming to Customers on the Access Channels. Comcast shall continuously maintain these return lines throughout the term of the Agreement, unless any of these locations are no longer used in the future to originate Access programming. (B) Within eighteen (18) months of written request by the Town, Comcast shall construct and maintain additional return lines to other locations in the Franchise Area; provided however, that Comcast's construction costs shall be paid by the Town or its Designated Access Provider. (C) Return Lines shall be maintained by Comcast in the same manner as the rest of the Cable System so that Access Channels may be viewed at the same quality that is provided by the Town or its Designated Access Provider. SECTION 10. USE OF PUBLIC WAYS 10.1 Construction and Maintenance (A) The Cable System shall be constructed and maintained so as not to interfere with sewers, water pipes, or any other property of Town, or with any other pipes, wires, conduits, pedestals, structures or other facilities installed in Public Ways. 17 11/1712012 Q: I USERSI VAI LICOMCASTIAGRIFRANCHISE- FINAL.DOC (B) In its maintenance and construction of the Cable System, Comcast shall comply with the Vail Town Code. All construction and maintenance of Comcast's facilities within Public Ways shall, regardless of who performs the construction, be and remain Comcast's responsibility. (C) Comcast's contractors and subcontractors shall be licensed and bonded in accordance with the Town's ordinances, regulations and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Comcast. Comcast shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by it, and shall ensure that all such work is performed in compliance with this Agreement and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Comcast's responsibility to ensure that contractors, subcontractors or other Persons performing work on Comcast's behalf are familiar with the requirements of this Agreement and other applicable laws governing the work performed by them. (D) Comcast shall give reasonable notice to private property owners of construction work in adjacent Public Ways. (E) If Comcast disturbs, alters, or damages any public or private property, Comcast shall at its own expense replace and restore any such Public Way or property to a condition equal to the condition of the property existing immediately prior to the disturbance. (F) The Town may inspect any of Comcast's facilities or construction upon at least twenty- four (24) hours' notice, or, in case of emergency, without prior notice, and the Town may charge Comcast generally applicable inspection fees therefor. If an unsafe condition is found, the Town, in addition to taking any other action permitted under applicable law, may order Comcast to make necessary repairs and alterations to correct the unsafe condition by a time the Town establishes. The Town may correct, inspect, administer and repair the unsafe condition if Comcast fails to do so, and to charge Comcast therefor. (G) On notice from Town that any work is being conducted contrary to this Agreement, or in violation of the terms of any applicable law or permit, the work may immediately be stopped by Town. The stop work order shall: be in writing; be given to the Person doing the work or posted on the work site; be sent to Comcast by mail; indicate the nature of the alleged violation or unsafe condition; and establish conditions under which work may be resumed. 10.2 Location and Movement of Facilities (A) After the Town or any franchisee or permittee of the Town notifies Comcast of a proposed Public Way excavation, or design of any project impacting facilities in the Public Way, Comcast shall, at Comcast's expense, mark on the surface all of its located underground facilities within the area of the proposed excavation in accordance with applicable law. (B) The Town may remove or disconnect Comcast's facilities and equipment located in the Public Way or on any other property of the Town in the case of an emergency. Except in an emergency, the Town shall provide reasonable notice to Comcast prior to taking such action and shall provide Comcast with the opportunity to perform such action. Following notice by the Town, Comcast shall remove, replace, relocate, modify or disconnect any of its facilities in a Public Way or on any other property of the Town, except that the Town shall provide at least ninety (90) days written notice of any major capital improvement project that would require the removal, relocation, replacement, modification or disconnection of Comcast's facilities or 18 11/27/2012 Q. I USERSIVAILICOMCASTIAGRIFRANCHISE- FINAL.DOC equipment. If Comcast fails to complete this work within the time prescribed and to the Town's satisfaction, the Town may cause such work to be done at Comcast's expense. Comcast shall remit payment to Town within thirty (30) days of receipt of an itemized list of those costs. (C) If the Town requires Comcast to relocate its facilities located in a Public Way, the Town shall make a reasonable effort to provide Comcast with an alternate location within the Public Way. If funds are generally made available to users of the Public Way for such relocation, Comcast shall be entitled to its pro rata share of such funds. (C) At the request of any Person holding a valid permit and upon reasonable advance notice, Comcast shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The cost of such temporary change may be charged by Comcast to the permit holder, and Comcast may require the estimated payment in advance. Such payment is an exchange between Comcast and the permittee, and the Town will not be the administrator of these transactions. 10.3 Acquisition of Facilities Upon Comcast's acquisition of Cable System related facilities in any Public Way, or upon the addition or annexation to the Town of any area in which Comcast owns or operates any facility, such facilities shall be subject to the terms of this Agreement. The Town acknowledges that inclusion of revenue from Customers affected by annexation to the Town will require ninety (90) days to make changes in the billing system affecting those Customers. 10.4 Reservation of Public Ways Nothing in this Agreement shall prevent the Town from constructing any public improvement, or from permitting other utilities the use of the Public Ways. If the Cable System interferes with the construction, maintenance or repair of any Public Way or public improvement, the Cable System shall be removed or relocated in the area the Town directs. If the Town requires Comcast to relocate its facilities located within the Public Way, the Town shall make a reasonable effort to provide Comcast with an alternate location within the Public Way. All such removal or relocation shall be preceded by sixty (60) days written notice or such additional time as may be provided by Town. Should Comcast fail to remove, adjust or relocate its facilities by the date established by the Town, the Town may effect such removal, adjustment or relocation at Comcast's sole expense. If funds are generally made available to users of the Public Way for such relocation, Comcast shall be entitled to its pro rata share of such funds. 10.5 Discontinued Facilities (A) When Comcast intends to discontinue using any facility within a Public Way, Comcast shall submit to Town a complete description of the facility and the date on which Comcast intends to discontinue using the facility. Comcast may remove the facility or request that the Town allow it to remain in place. Notwithstanding Comcast's request that any such facility remain in place, the Town may require Comcast to remove the facility from the Public Way or modify the facility to protect the public health, welfare, safety and convenience. The Town may require Comcast to perform a combination of modification and removal of the facility. (B) Comcast shall complete such removal or modification in accordance with a schedule set by the Town. Until Comcast removes or modifies the facility as directed by the Town, or until the rights to and responsibility for the facility are accepted by another Person having authority to 19 11/27/2012 Q: I USERSI VAIL ICOMCAS71AGRIFRANCHISE- FINAL.DOC construct and maintain such facility, Comcast shall be responsible for the facility, as well as maintenance of the Public Way, in the same manner and degree as if the facility were in active use, and Comcast shall retain all liability for such facility. (C) If Comcast abandons any facilities, the Town may choose to use such facilities for any purpose whatsoever. 10.6 Use of Conduit or Ducts (A) The Town may install or affix and maintain wires and equipment owned by the Town for Town purposes in or upon any of Comcast's ducts or conduits in the Public Ways, without charge to the Town, to the extent space therein or thereon is reasonably available, and pursuant to all applicable ordinances and codes. For purposes of this Subsection, "Town purposes" includes, but is not limited to, the use of the structures and installations for fire, police, traffic, water, telephone, or signal systems, but not for Cable Service in competition with Comcast. Comcast shall not deduct the value of such use of its facilities from its Franchise Fee payments or from other fees payable to the Town. (B) Comcast acknowledges that the Public Ways have a finite capacity for containing conduit and facilities. Therefore, Comcast agrees that when the Town determines it is impracticable to permit construction of an underground conduit system by any other Person which may at the time have authority to construct or maintain conduits or ducts in the Public Ways, but excluding Persons providing Cable Service in competition with Comcast, the Town may require Comcast to afford to such Person the right to use Comcast's surplus ducts or conduits in common with Comcast, pursuant to the terms and conditions of an agreement for use of surplus ducts or conduits entered into by Comcast and the other Person. Nothing herein shall require Comcast to enter into an agreement with such Person if, in Comcast's reasonable determination, such an agreement will compromise the integrity of the Cable System. 10.7 Undergrounding Where electric and telephone utility wiring is underground, all Cable System lines, wiring and equipment shall also be placed underground with other wireline service at no expense to the Town. Related equipment, such as pedestals, shall be placed in accordance with applicable Town requirements. In areas where either electric or telephone utility wiring are aerial, Comcast may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation. 10.8 Tree Trimming Comcast may prune or cause to be pruned, using proper pruning practices, any tree in any Public Way which interferes with the Cable System. Comcast shall comply with all Town requirements regarding tree trimming. Except in emergencies, Comcast may not prune trees at a point below thirty (30) feet above sidewalk grade without seven (7) days prior written notice to the owner or occupant of the premises abutting the Public Way in or over which the tree is growing. The owner or occupant of the abutting premises may prune such tree at his or her own expense during this one (1) week period. If the owner or occupant fails to do so, Comcast may prune such tree at its own expense. For purposes of this Subsection, emergencies exist when it is necessary to prune to protect the public or Comcast's facilities from imminent danger only. 20 11/27/2012 Q: I USERSIVAILICOMCASTIAGRIFRANCHISE- FINAL.DOC 10.9 GIS Mapping Comcast shall provide the Town with records of Comcast's trunk and distribution facilities in the Franchise Area in a standard geographic information (GIS) format within thirty (30) days of receipt of written request or longer if agreed to by the parties. SECTION 11. CABLE SYSTEM DESIGN AND TECHNICAL STANDARDS 11.1 Technical Performance The technical performance of the Cable System shall meet or exceed all applicable technical standards authorized or required by law, including FCC technical standards as they may be amended from time to time, regardless of the transmission technology utilized. The Town shall have the authority provided by law to enforce compliance with these technical standards. 11.2 Cable System Performance Testing (A) Comcast shall, at its expense, perform all tests on the Cable System required by the FCC (including FCC required test points located in the Franchise Area) and shall maintain written records of its test results in accordance with FCC requirements. Copies of such test results shall be provided to the Town upon request. (B) All required tests may be witnessed by representatives of the Town. Upon request, Comcast will notify the Town before any required technical proof -of- performance or other testing occurs. (C) Comcast shall promptly take all necessary measures to correct any performance deficiencies and prevent their recurrence. Sites shall be re- tested within five (5) days following correction until correction has been confirmed and satisfactory results are obtained. 11.3 Standby Power Comcast shall provide standby power generating capacity at the Cable System Headend capable of providing at least twelve (12) hours of emergency operation. Comcast shall maintain standby power supplies that will supply back -up power of at least two (2) hours duration throughout the distribution networks, and four (4) hours duration at all nodes and hubs. SECTION 12. VIOLATIONS AND REVOCATION 12.1 Procedure for Remedying Violations (A) If the Town believes that Comcast has failed to perform any material obligation of this Agreement, the Town shall notify Comcast in writing, stating with specificity, the nature of the alleged violation. Comcast shall have thirty (30) days from the receipt of such notice to: (1) Respond to the Town, contesting the Town's assertion that a violation has occurred, or notifying the Town that violation cannot be cured within thirty (30) days because of the nature of the alleged violation, and requesting a hearing in accordance with Subsection (B), below; or (2) Cure the violation. (B) If Comcast does not cure the violation within thirty (30) days, or denies the violation and requests a hearing, the Town shall set a public hearing on the violation. The Town shall provide not less than seven (7) days prior written notice of the hearing. At the hearing, Comcast shall be 21 1112712012 Q: I USERSIVAI LICOMCAS7IAGRIFRANCH ISE- F1NAL.DOC provided an opportunity to be heard, to present and question witnesses, and to present evidence in its defense. (C) If, after considering the evidence presented at the public hearing, the Town Council determines that a violation exists, the Town may order Comcast to remedy the violation within fourteen (14) days or within such other reasonable timeframe agreed to by the parties. If Comcast does not remedy the violation within such time to the Town's reasonable satisfaction, the Town may: (1) Assess and collect monetary damages in accordance with this Agreement; (2) Terminate this Agreement; and /or, (3) Pursue any other legal or equitable remedy available under this Agreement or applicable law. 12.2 Alternative Remedies (A) No provision of this Agreement shall bar the right of either party to seek or obtain judicial relief from a violation of any provision of the Agreement or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of other remedies identified in this Agreement nor the exercise thereof shall be deemed to bar or otherwise limit the right of either party to recover monetary damages, as allowed under applicable law, or to seek and obtain judicial enforcement of obligations by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. (B) The Town does not waive any right, immunity, limitation or protection otherwise available to the Town, its officers, officials, Boards, commissions, agents, or employees under any law, including without limitation Section 635A of the Cable Act. Comcast shall not have any monetary recourse against the Town, or its officers, officials, Board, commissions, agents or employees for any loss, costs, expenses or damages arising out of any provision of this Agreement or the enforcement thereof, subject to applicable law. 12.3 Liquidated Damages (A) The Town and Comcast recognize the delays, expense and unique difficulties involved in proving in a legal proceeding the actual loss suffered by the Town as a result of a violation by Comcast of this Agreement. Accordingly, instead of requiring such proof of actual loss, the Town and Comcast agree that Comcast shall pay to the Town the sums set forth in this Subsection. Such amounts are agreed by both parties to be a reasonable estimate of the actual damages the Town would suffer in the event of Comcast's violation. (B) In addition to any other remedy, the Town in its sole discretion may, after following the procedures as provided in this Section 12.1, charge to and collect from Comcast the following liquidated damages per day, for each day, or part thereof, the violation continues: (1) For failure to provide data, documents, reports or information or to cooperate with the Town during an application process or Cable System review or as otherwise provided herein: one hundred fifty dollars ($150). (2) For failure to make timely PEG Fee or Franchise Fee payments: two hundred fifty dollars ($250). 22 11/27/2012 Q:1 USERSI VAILICOMCASMGRWRANCHISE- FINAL.DOC (3) For failure to comply with any other provision of this Agreement or Customer Service Standards or the Vail Town Code: one hundred fifty dollars ($150). (C) Each violation shall be considered a separate violation for which separate liquidated damages can be imposed. In no event shall liquidated damages be imposed for a period greater than 120 days. (D) Comcast shall have thirty (30) days to pay the liquidated damages. If not so paid, the Town may draw on any bond or Letter of Credit. The Town shall give Comcast written notice of any such draw, and within seven (7) days of such notice, Comcast shall restore the bond or Letter of Credit to the amount required under this Agreement. 12.4 Revocation (A) The franchise provided by this Agreement may be revoked and all rights and privileges rescinded if a material breach of the Agreement is not cured, or in the event that: (1) Comcast attempts to evade any material provision of this Agreement or to practice any fraud or deceit upon the Town or Customers; (2) Comcast makes a material misrepresentation of fact in the negotiation of this Agreement; (3) Comcast abandons the Cable System, or terminates the Cable System's operations; (4) Comcast fails to restore service to the Cable System after three (3) consecutive days of an outage or interruption in service; except in the case of an emergency or during a force majeure occurrence, or when approval of such outage or interruption is obtained from the Town; or (5) Comcast becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt, there is an assignment for the benefit of Comcast's creditors, or all or part of Cable System is sold under an instrument to secure a debt and is not redeemed by Comcast within thirty (30) days from said sale. (B) Additionally, the franchise granted in this Agreement may be revoked one hundred twenty (120) days after the appointment of a receiver or trustee to conduct the business of Comcast, at the option of the Town and subject to applicable law, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless directed otherwise by a court of competent jurisdiction. (C) If there is a foreclosure or other involuntary sale of the whole or any part of the plant, property and equipment of Comcast, the Town may serve notice of revocation on Comcast and to the purchaser at the sale, and the rights and privileges of Comcast under this Agreement shall be revoked thirty (30) days after service of such notice, unless: (1) The Town has approved the transfer of the Agreement, in accordance with the procedures set forth in this Agreement and as provided by law; and (2) The transferee has agreed to assume and be bound by all terms of this Agreement. 23 1112712012 Q: I USERSIVAILICOMCASTL4GRWR9NCHISE- FINAL.DOC 12.5 Purchase of the Cable System If at any time this Agreement lawfully terminates, the Town shall have the option to purchase the Cable System; provided that nothing in this Agreement shall limit or expand the Town's right of eminent domain under State law. SECTION 13. TRANSFER 13.1 Transfer of Ownership or Control (A) The Cable System and this Agreement shall not be sold, assigned, transferred, leased or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger or consolidation; nor shall title thereto, either legal or equitable, or any right, interest or property therein pass to or vest in any Person or entity without the prior written consent of the Town, which consent shall be by the Town Council, acting by ordinance or resolution. (B) Comcast shall promptly notify the Town of any actual or proposed change in control of Comcast. The word "control" as used herein is defined as an acquisition of 51% or greater ownership interest in Comcast. Such change of control of Comcast shall make this Agreement subject to cancellation unless and until the Town has consented in writing. (C) The parties to the transfer shall make a written request to the Town for its approval of a sale or transfer or change in control and shall furnish all information required by law. (D) In seeking the Town's consent to any transfer, the proposed transferee or controlling entity shall indicate whether it: (1) Has ever been convicted or held liable for acts involving deceit including any violation of federal, State or local law or regulations, or is currently under an indictment, investigation or complaint charging such acts; (2) Has ever had a judgment in an action for fraud, deceit, or misrepresentation entered against the proposed transferee by any court of competent jurisdiction; (3) Has pending any material legal claim, lawsuit, or administrative proceeding arising out of or involving a Cable System or the provision of Cable Services; (4) Is financially solvent, by submitting financial data including financial statements that are audited by a certified public accountant who may also be an officer of the transferee or controlling entity, along with any other data that is lawfully required; and (5) Has the financial, legal and technical capability to enable it to maintain and operate the Cable System for the remaining term of the Agreement. (E) The proposed transferee shall provide complete information regarding any potential impact of the transaction on Customer rates and service, as well as any other documentation reasonably related to the proposed transaction and consistent with applicable law which, in the reasonable discretion of the Town are necessary to understand the proposed transaction. (F) The Town shall act on the request within one hundred twenty (120) days of receipt of the FCC Form 394 application and all information expressly required by this Agreement and applicable law, provided it has received a complete application. Subject to the foregoing, if the Town fails to render a final decision on the request within one hundred twenty (120) days, such 24 11/27/2012 Q: I USERSWAIL ICOMCASTIAGRIFRANCHISE- FINAL.DOC request shall be deemed granted unless the requesting party and the Town agree to an extension of time. (G) Within thirty (30) days of any transfer, Comcast shall file with the Town a copy of the deed, agreement, lease or other written instrument evidencing such transfer, certified correct by Comcast and the transferee, and the transferee shall file its written acceptance agreeing to be bound by all terms of this Agreement, subject to applicable law. In the event of a change in control in which Comcast is not replaced by another entity, Comcast will continue to be bound by all terms of the Agreement, subject to applicable law, and will not be required to file an additional written acceptance. The approval of any transfer shall not waive any rights of Town to subsequently enforce noncompliance issues relating to this Agreement. If a change of control involves an entity that was not an Affiliate prior to the contemplated transaction, the Town's consent shall be required for such change in control. (H) In reviewing a transfer request, the Town may inquire into the legal, technical and financial qualifications of the transferee, and Comcast shall assist the Town in so inquiring. The Town may condition said transfer upon such terms as it deems reasonably appropriate, consistent with applicable law and reasonably related to the qualifications of the prospective transferee to comply with this Agreement or the resolution of outstanding and unresolved issues of noncompliance with this Agreement by Comcast. (1) Notwithstanding anything to the contrary in this Subsection, the prior approval of the Town shall not be required for any sale, assignment or transfer of the Agreement or the Cable System to an intracompany entity controlling, controlled by or under the same common control as Comcast, provided that the proposed assignee or transferee shall show financial responsibility as may be determined necessary by the Town and shall agree in writing to comply with all provisions of the Agreement. Further, Comcast may pledge the assets of the Cable System for the purpose of financing without the consent of the Town; provided that such pledge of assets shall not mitigate Comcast's responsibilities to meet its obligations under this Agreement. SECTION 14. MISCELLANEOUS 14.1 Cumulative Rights Subject to applicable law, all rights and remedies given to the Town or retained by the Town in this Agreement shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the Town, at law or in equity, and such rights and remedies shall not be exclusive, but every right and remedy given by this Agreement or otherwise existing may be exercised as often and in such order as deemed expedient by the Town, and the exercise of one right or remedy shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 14.2 Costs to be Borne by Comcast Comcast shall pay for all costs of publication of this Agreement, and any and all notices prior to any public meeting or hearing provided for pursuant to this Agreement in accordance with the Vail Town Code or Charter. 14.3 Binding Effect This Agreement shall be binding upon the parties hereto, their permitted successors, transferees and assigns. 25 11/27/2012 Q. I USERS) VAI LICOMCASTIAGRIFRANCH /SE- FINAL.DOC 14.4 Modification This Agreement may be modified only by written agreement between the parties. 14.5 Governing Law and Venue This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Colorado, the Cable Act, as amended, any applicable rules, regulations and orders of the FCC, as amended, and any other applicable local, State and federal laws, rules, and regulations. The venue for any dispute related to a violation of this Agreement shall be in an appropriate state court of competent jurisdiction in Eagle County, Colorado. 14.6 No Joint Venture Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner that would indicate any such relationship with the other. 14.7 Waiver The failure of either party at any time to require performance by the other of any provision hereof shall in no way affect the right of the other party hereafter to enforce the same. Nor shall the waiver by either party of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. 14.8 Severability If any provision of this Agreement is determined to be illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such determination shall have no effect on the validity of any other provision of this Agreement. 14.9 Force Majeure Comcast shall not be held in violation of this Agreement for any act caused by circumstances reasonably beyond the ability of Comcast to anticipate and control, including war, riots, civil disturbances, floods, severe adverse weather conditions or other natural catastrophes, labor stoppages or power outages exceeding back -up power supplies. 14.10 Entire Agreement This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersede all prior oral and written negotiations between the parties. 14.11 Notices Each party shall maintain and file with the other a local address for the service of notices by mail. All notices shall be sent to such respective address, and such notices shall be effective upon the date of mailing. On the Effective Date, the following are the addressed on file: Comcast: Comcast 8000 East Iliff Avenue Denver, CO 80231 With a copy to: Comcast 281 Metcalf Road, Suite 110 Avon, CO 81620 26 11/27/2012 Q: I USERSIVA ILICOMCASMGRWRANCHISE- FINAL.DOC Attn: Government Affairs Attn: General Manager The Town: Town of Vail 75 South Frontage Road Vail, CO 81657 Attn: Town Manager 27 11/27/2012 Q.• I USERSI VAILICOMCASMGRIFRANCHISE- FINAL.DOC IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth above. TOWN OF VAIL, COLORADO Andy Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk APPROVED AS TO FORM: J. Matthew Mire, Town Attorney COMCAST OF COLORADO VI, LLC By: Its: STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2012, by as of Comcast of Colorado VI LLC. My commission expires: (SEAL) Notary Public 28 11/27/2012 Q: I USERSWAILICOMCASTIAGRIFRANCHISE- FINAL.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. 23 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 19th day of December, 2012. Witness my hand and seal this day of %eel/ , 2012. r�� T my Na T wn of ep Clerk ORDINANCE NO. 23 SERIES 2012 AN ORDINANCE APPROVING A FRANCHISE AGREEMENT WITH COMCAST OF COLORADO VI, LLC FOR THE PROVISION OF CABLE SERVICES IN THE TOWN OF VAIL WHEREAS, the Town and TCI Cablevision (the predecessor of Comcast Colorado VI, LLC) entered into a franchise agreement on January 5, 1995 to allow TCI Cablevision to provide cable service to subscribers of such service in the Town of Vail, which franchise agreement expired on January 4, 2010; WHEREAS, on April 2, 2007 and again on December 20, 2010, the Town received from Comcast Colorado VI, LLC ( "Comcast ") an application for renewal of its franchise agreement with the Town; WHEREAS, during negotiations of a new franchise agreement, the existing franchise agreement was extended several times; WHEREAS, during negotiations of a new franchise agreement, the Town discovered performance and technical issues that necessitated resolution prior to the approval of a new franchise agreement; WHEREAS, in July 2011, the Town and Comcast entered into a Compliance Agreement to resolve the performance and technical issues; WHEREAS, by July 2012, the performance and technical issues were resolved and the Compliance Agreement was fully performed; WHEREAS, Article 12 of the Vail Town Charter authorizes the Town Council to grant franchises for a term not to exceed twenty (20) years; WHEREAS, the procedures for renewal of franchise agreements for the provision of cable services is set forth in Chapter 5 of Title 8 of the Vail Town Code; and WHEREAS, the Town Council finds and determines that the franchise agreement with Comcast for the provision of cable services in the Town, in the form attached hereto and incorporated herein by this reference, complies with Article 12 of the Vail Town Charter and Chapter 5 of Title 8 of the Vail Town Code, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Franchise Agreement between the Town and Comcast is hereby approved in substantially the form attached hereto, subject to final approval by the Town Attorney, for a term of ten (10) years, commencing on January 1, 2013. Ordinance No. 23, Series of 2012 1 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 and the inhabitants thereof. Section 4. 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 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 4th day of December, 2012 and a public hearing for second reading of this Ordinance set for the 18th day of December, 2012, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of December, 2012. ATTEST: Andrew P. Daly, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 23, Series of 2012 2 FRANCHISE AGREEMENT TABLE OF CONTENTS SECTION1. DEFINITIONS ......................................................................... ..............................1 SECTION2. GRANT OF FRANCHISE ...................................................... ..............................4 2.1 Grant ............................................................................................... ..............................4 2.2 Use of Public Ways ........................................................................ ..............................5 2.3 Term ............................................................................................... ..............................5 2.4 Effective Date ................................................................................ ..............................5 2.5 Competitive Equity ........................................................................ ..............................6 2.6 Familiarity with Agreement and Acceptance ................................. ..............................6 SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS ........... ..............................6 3.1 Franchise Fee ................................................................................. ..............................6 3.2 Payments ........................................................................................ ..............................7 3.3 Audits ............................................................................................. ..............................7 3.4 Additional Commitments Not Franchise Fees ............................... ..............................7 3.5 Payment on Termination ................................................................ ..............................7 3.6 Service Packages ............................................................................ ..............................8 3.7 Tax Liability ................................................................................... ..............................8 SECTION 4. ADMINISTRATION AND REGULATION ......................... ..............................8 4.1 Rates and Charges .......................................................................... ..............................8 4.2 No Rate Discrimination ................................................................. ..............................8 4.3 Time Limits Strictly Construed ...................................................... ..............................8 4.4 Performance Evaluations ............................................................... ..............................8 4.5 Late Fees and Disconnection ......................................................... ..............................9 SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS ......... ..............................9 5.1 Indemnification .............................................................................. ..............................9 5.2 Indemnification Procedures and Defense ...................................... ..............................9 5.3 Insurance ....................................................................................... .............................10 5.4 Letter of Credit .............................................................................. .............................11 5.5 Performance Bond ......................................................................... .............................12 SECTION6. CUSTOMER SERVICE ......................................................... .............................12 6.1 Service Availability ...................................................................... .............................12 6.2 Customer Service Standards ......................................................... .............................12 6.3 Customer Privacy .......................................................................... .............................12 6.4 Customer Service Agreement and Manual ................................... .............................13 SECTION7. RECORDS ............................................................................... .............................13 7.1 Required Records .......................................................................... .............................13 7.2 Proprietary Information ................................................................. .............................14 7.3 Copies of Federal and State Reports ............................................. .............................14 SECTION8. PROGRAMMING .................................................................. .............................14 8.1 Broad Programming Categories .................................................... .............................14 8.2 Obscenity ...................................................................................... .............................15 8.3 Services for the Disabled .............................................................. .............................15 8.4 Parental Control Device ................................................................ .............................15 8.5 Complimentary Cable Service ...................................................... .............................15 SECTION9. ACCESS ................................................................................... .............................16 9.1 Access Channels ........................................................................... .............................16 9.2 Triggers for Additional Access Channels ..................................... .............................16 9.3 Underutilized Access Channels .................................................... .............................16 9.4 Access Channel Location .............................................................. .............................16 9.5 Access Channel Promotion ........................................................... .............................17 9.6 PEG Fee ........................................................................................ .............................17 9.7 Return Lines .................................................................................. .............................17 SECTION 10. USE OF PUBLIC WAYS ..................................................... .............................18 10.1 Construction and Maintenance .................................................... .............................18 10.2 Location and Movement of Facilities .......................................... .............................18 10.3 Acquisition of Facilities .............................................................. .............................19 10.4 Reservation of Public Ways ........................................................ .............................19 10.5 Discontinued Facilities ................................................................ .............................19 10.6 Use of Conduit or Ducts .............................................................. .............................20 10.7 Undergrounding .......................................................................... .............................20 10.8 Tree Trimming ............................................................................ .............................20 10.9 GIS Mapping ............................................................................... .............................21 SECTION 11. CABLE SYSTEM DESIGN AND TECHNICAL STANDARDS ..................21 11.1 Technical Performance ................................................................ .............................21 11.2 Cable System Performance Testing ............................................ .............................21 11.3 Standby Power ............................................................................. .............................21 SECTION 12. VIOLATIONS AND REVOCATION ................................. .............................21 12.1 Procedure for Remedying Violations .......................................... .............................21 12.2 Alternative Remedies .................................................................. .............................22 12.3 Liquidated Damages .................................................................... .............................22 12/13/2012 Q: I USERSI VAILICOMCASTIAGRIFRANCHISE FINAL -3.DOC 12.4 Revocation ................................................................................... .............................23 12.5 Purchase of the Cable System ..................................................... .............................24 SECTION13. TRANSFER ........................................................................... .............................24 13.1 Transfer of Ownership or Control ............................................... .............................24 SECTION 14. MISCELLANEOUS ............................................................. .............................25 14.1 Cumulative Rights ....................................................................... .............................25 14.2 Costs to be Borne by Comcast .................................................... .............................26 14.3 Binding Effect ............................................................................. .............................26 14.4 Modification ................................................................................ .............................26 14.5 Governing Law and Venue .......................................................... .............................26 14.6 No Joint Venture ......................................................................... .............................26 14.7 Waiver ......................................................................................... .............................26 14.8 Severability .................................................................................. .............................26 14.9 Force Majeure ............................................................................. .............................26 14.10 Entire Agreement ...................................................................... .............................26 14.11 Notices ....................................................................................... .............................27 12/13/2012 Q: I USERSIVAILICOMCAS7IAGRTRANCHISE FINAL -3.DOC FRANCHISE AGREEMENT This Franchise Agreement ( "Agreement ") is made between the Town of Vail, Colorado, a Colorado home rule municipality (the "Town ") and Comcast of Colorado VI, LLC ( "Comcast "), on this day of , 2012. WHEREAS, the Town, having determined that the financial, legal, and technical ability of Comcast is reasonably sufficient to provide the services, facilities, and equipment necessary to meet the future cable- related needs of the community, desires to enter into this Agreement with Comcast for the operation and maintenance of a cable system on the terms and conditions set forth herein. NOW THEREFORE, the Town and Comcast agree as follows: SECTION 1. DEFINITIONS For purposes of this Agreement, the following terms shall have the following meanings, provided that terms not defined, or those defined, but not capitalized within the text, shall be given their common and ordinary meaning, and the word "shall" is always mandatory: "Access" includes Public Access, Educational Access and Governmental Access, collectively and means the availability for Noncommercial use by various governmental and educational agencies, institutions and organizations in the community of particular channels on the Cable System to receive and distribute Video Programming to subscribers as permitted under applicable law. "Access Channel" means any Channel designated for Access purposes or otherwise made available to facilitate Access programming. "Affiliate" when used in connection with Comcast means any Person who owns or controls, is owned or controlled by, or is under common ownership or control of Comcast. "Bad Debt" means amounts lawfully owed by a Customer and accrued as revenues on the books of Comcast, but not collected after reasonable efforts by Comcast. "Basic Service" means any Cable Service Tier that includes, at a minimum, the retransmission of local television Broadcast Signals and PEG Access Channels required in this Franchise and any additional programming added by the Town and made available to all Customers in the Franchise Area. "Broadcast Signal" means a television or radio signal transmitted over the air to a wide geographic audience, and received by a Cable System off -the -air by antenna, microwave, satellite dishes or any other means. "Cable Act" means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, as amended by the Telecommunications Act of 1996, and any amendments thereto. "Cable Operator" means any Person or group of Persons, including Comcast, who provides Cable Service over the Cable System and directly or through one or more Affiliates owns a significant interest in such Cable System or who otherwise controls or is responsible for, through any arrangement, the management and operation of the Cable System. 11/13/1011 Q: I USERSIVAILICOMCASTIAGRIFRANCHISE FINAL -3.DOC "Cable Service" means the one -way transmission to Customers of Video Programming, or other programming service and Customer interaction, if any, that is required for the selection or use of such Video Programming or other programming service. "Cable System" means Comcast's facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment, designed to provide Cable Service that includes Video Programming and provided to Customers in the Franchise Area. "Channel" means a portion of the frequency band capable of carrying a Video Programming Service or combination of Video Programming Services, whether by analog or digital signal, on a twenty -four (24) hour per day basis or a portion thereof. "Customer" means a Person who lawfully receives Cable Service from the Cable System with Comcast's express permission. "Designated Access Provider" means an entity designated by the Town to manage or co- manage Public, Educational or Governmental Access Channels and facilities. The Town may be a Designated Access Provider. "Dwelling Unit" means any building or portion thereof that has independent living facilities, including provisions for cooking, sanitation and sleeping, and that is designed for residential occupancy. "Educational Access" means Access where Schools are the primary users having editorial control over programming and services. "Emergency" means any condition constituting a clear and present danger to life or property. "Expanded Basic Service" means cable programming services not included in the Basic Service and excluding premium or pay - per -view services. "FCC" means the Federal Communications Commission or its lawful successor. "Fiber Optic" means a transmission medium of optical fiber cable, along with all associated electronics and equipment capable of carrying electric lightwave pulses. "Franchise Area" means the area within the jurisdictional boundaries of the Town, including any areas hereafter annexed by Town. "Franchise Fee" includes any tax, fee or assessment of any kind imposed by the Town on Comcast or Customers, or both solely because of their status as such, but excluding: (i) any tax, fee or assessment of general applicability (including any such tax, fee, or assessment on both utilities and Cable Operators or their services, but not including a tax, fee, or assessment that is unduly discriminatory against Cable Operators or cable Customers); (ii) capital costs that are required by the Agreement to be incurred by Comcast for Access facilities; (iii) requirements or charges incidental to the awarding or enforcing of the Agreement, including but not limited to, payments for bonds, letters of credit, insurance, indemnification, penalties or liquidated damages; or (iv) any fee imposed under Title 17, United States Code. "Governmental Access" means Access where governmental institutions or their designees are the primary users having editorial control over programming and services. "Gross Revenue" means all revenue derived directly or indirectly by Comcast or its Affiliates from the operation of the Cable System in the Franchise Area, including without limitation 2 11/13/1011 Q: I USERSIVAILICOMCASPAGRIFRANCHISE FINAL -3.DOC monthly and other fees charged Customers for Cable Service including Basic Service, Expanded Basic Service, any expanded Tiers of Cable Service, other Tiers of Cable Service, optional Premium Service, pay - per -view and per - program Channels, Cable Service installation, disconnection, reconnection and change -in- service fees, Leased Access Channel fees, remote control rental fees, late fees and administrative fees, consideration received by Comcast from programmers for carriage of Cable Service on the Cable System and recognized as revenue under generally accepted accounting principles ( "GAAP "), revenues from rentals of converters or other Cable System equipment, advertising sales revenues (including local, regional and a pro rata share of national advertising carried on the Cable System in the Franchise Area but excluding commissions paid to an unaffiliated agency), revenues from program guides, additional outlet fees, revenue from the sale or carriage of other Cable Service, and revenues from home shopping. Gross Revenue does not include (i) to the extent consistent with GAAP, Bad Debt, provided, however, that any part of such Bad Debt that is written off but subsequently collected shall be included in Gross Revenue in the period collected; or (ii) any taxes on services furnished by Comcast that are imposed directly on any Customer or user by the State, Town or other governmental unit and that are collected by Comcast on behalf of said governmental unit; or (iii) capital costs or contributions required by this Franchise. Franchise Fees are not a tax and are therefore included in Gross Revenue. "Headend" or "Hub" means a facility for signal reception and dissemination on a Cable System, including cable, antennas, wires, satellite dishes, monitors, switchers, modulators, processors for Broadcast Signals or other signals, and all other related equipment and Facilities. "Incremental Costs" means Comcast's direct and actual material and labor cost (excluding profit) of constructing, relocating or placing additional facilities for the Town, excluding the costs that Comcast would otherwise incur to construct, relocate or place facilities for Comcast including, but not limited to, trenching, pipe bedding, backfilling, compacting, restoring the surface, and other charges, costs or expenses. "Institutional Network" means that part of the Cable System facilities or capacity designated for use by non - residential Customers including communications to, from and among government agencies, schools, libraries and other public agencies. "Interconnect" or "Interconnection" means the provision of Access Channel programming to a geographically contiguous cable system, including technical, engineering, physical, and other necessary components to accomplish, complete and adequately maintain such provisioning. "Late fee" means and includes any assessment, charge, cost, fee or sum, however characterized, that Comcast imposes upon a Customer solely for late payment of a bill is a late fee. "Leased Access Channel" means any Channel or portion of a Channel commercially available for programming in accordance with Section 612 of the Cable Act. "Noncommercial" means, in the context of Access Channels, those particular products and services that are not promoted or sold in order to generate revenue that exceeds the costs of operations for the Town or any Designated Access Provider. This term shall not be interpreted to prohibit an Access Channel operator or programmer from soliciting and receiving contributions used to produce and transmit Video Programming on an Access Channel, or from acknowledging a contribution, in the manner of the Corporation for Public Broadcasting or some similar manner, subject to applicable law. 12113/2012 Q: I USERSIVAILICOMCASnAGRIFRANCHISE FINAL -3.DOC "Person" means any natural person, lawful trustee, successor, assignee, transferee, or personal representative, sole proprietorship, partnership, joint venture, association, or limited liability entity or corporation, or any other form of entity or organization. "Public Access" means Access where any member of the general public may be a programmer on a nondiscriminatory basis, subject to operating rules formulated by the Town or its designee. Such rules shall not be designed to control the content of public access programming. Such rules may also address the extent to which and manner in which members of the general public who are not residents of the Town may be programmers on the Access Channel. "Public Way" means land in the Franchise Area acquired for or dedicated to the public and maintained under public authority, including but not limited to public streets, roads, highways, avenues, lanes, alleys, bridges, sidewalks, easements, and similar public property. "Residential Subscriber" means any Person who receives Cable Service delivered to a Dwelling Unit, excluding such multiple Dwelling Units billed on a bulk - billing basis. "Standard Installation" means a one hundred twenty five (125) foot drop connecting to the exterior demarcation point. "State" means the State of Colorado. "Tier" means a category of Cable Service provided by Comcast for which a separate rate is charged. "Video Programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station, or cable programming provider primarily consisting of full motion video and audio. SECTION 2. GRANT OF FRANCHISE 2.1 Grant (A) The Town hereby grants to Comcast a nonexclusive authorization to make reasonable and lawful use of the Public Ways to construct, operate, maintain, reconstruct, repair and upgrade the Cable System for the purpose of providing Cable Service, subject to this Agreement and applicable law. Comcast shall provide Cable Service, as authorized by this Agreement, in the Franchise Area in accordance with line extension and density provisions as provided herein. The franchise granted by this Agreement is subject to all prior rights, interests, easements, or franchises granted by Town or its predecessors to any Person to any property or Public Way, including the right of the Town to use same for any purpose it lawfully deems fit. This Agreement conveys limited rights and interests in only those Public Ways in which the Town has an actual interest; it is not a warranty of title or interest in any property. (B) Comcast shall comply with the Vail Town Code and the lawful exercise of the Town's police power. Subject to the Town's lawful exercise of its police power, in the event of a conflict between the Vail Town Code and the Agreement, the Agreement shall govern. Comcast acknowledges that the Town may enforce or modify its generally applicable regulatory policies by lawful exercise of the Town's police powers throughout the term of this Agreement, and Comcast agrees to comply with such lawful enforcement or modifications. Comcast reserves the right to challenge provisions of any ordinance, rule, regulation or other enactment of the Town that conflicts with its contractual rights under the Franchise, either now or in the future. This 4 12/13/2012 Q: I USERSIVAILICOMCAS7"u4GRIFRANCHISE FINAL -3.DOC Agreement shall not be interpreted to prevent the Town from imposing other conditions, to the extent permitted by law. (C) No rights shall pass to Comcast by implication. Without limiting the foregoing, by way of example and not limitation, this Agreement shall not be a substitute for: any other permit or authorization required for the privilege of transacting and carrying on a business within the Town that is required by the Town; any permit, agreement or authorization required by the Town for Public Way users in connection with operations on or in Public Ways or public property; or any permits or agreements for occupying any other property to which access is not specifically granted by this Agreement. (D) This Agreement is an express authorization to provide Cable Service only. This Agreement is not a bar to the imposition of any lawful conditions on Comcast with respect to non -Cable Service, telecommunications services or information services, whether similar, different or the same as the condition specified herein. This Agreement does not relieve Comcast of any obligation it may have to obtain from the Town an authorization to provide non - Cable Service, telecommunications services or information services or relieve Comcast of its obligation to comply with any such authorization(s) that may be lawfully required. (E) This Agreement shall have no effect on any obligation of Comcast in effect prior to the effective date of this Agreement to indemnify or insure the Town against acts and omissions occurring during the period that the prior franchise agreement was in effect, nor shall it have any affect upon liability to pay Franchise Fees that were due and owed under a prior franchise. 2.2 Use of Public Ways (A) Subject to the Vail Town Code, as amended, Comcast may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, through, below and along the Public Ways, such wires, cables, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of the Cable System. (B) Comcast shall install Cable System facilities in a manner that minimizes interference with the use of the Public Ways by others. To protect public health, safety and welfare, the Town may: require that Cable System facilities be installed at a particular time, at a specific place or in a particular manner as a condition of access to a particular Public Ways; deny access if Comcast is not willing to comply with Town's requirements; remove, or require removal of, any facility that is not installed in compliance with the requirements established by Town, or that is installed without prior Town approval of the time, place or manner of installation and charge Comcast for all the costs associated with removal; and require Comcast to cooperate with others to minimize adverse impacts on the Public Ways through joint trenching and other arrangements. 2.3 Term This Agreement shall have a term of ten (10) years, beginning on the Effective Date. 2.4 Effective Date The Effective Date of this Agreement shall be January 1, 2013. 12113/2012 Q. I USERYVAIL ICOMCASTAGRTRANCHISE FINAL -3.DOC 2.5 Competitive Equity (A) Comcast acknowledges and agrees that the Town reserves the right to grant additional franchises to provide Cable Service in the Franchise Area; provided that if any such franchise is granted by the Town which, in the reasonable opinion of Comcast, contains more favorable or less burdensome Material Terms and Conditions than this Agreement, the Town agrees that, within ninety (90) days of Comcast's request, the parties shall amend this Franchise to insure that the regulatory and financial burdens on each entity are materially equivalent. "Material Terms and Conditions" includes without limitation: Franchise Fees; insurance coverage amounts; System build -out requirements; Public, Education and Government Access Channels and support; customer service standards; required reports and related record keeping; and notice and opportunity to cure breaches. The parties agree that this Subsection does not require a word for word identical franchise or authorization for a competitive entity if the regulatory and financial burdens on each entity are materially equivalent. (B) If an application for a new cable franchise is filed with the Town proposing to serve the Franchise Area, in whole or in part, the Town shall make a good faith effort to provide notice of such application upon Comcast prior to acting on the application. (C) Notwithstanding any provisions to the contrary, at any time that a facilities -based Cable Services provider, legally authorized by state or Federal law, makes Cable Services or multiple Channels of Video Programming within the Franchise Area available for purchase by Customers without a franchise or other similar lawful authorization granted by the Town, then Comcast may seek modification pursuant to subsection (A) hereof, or the term of this Franchise shall, upon ninety (90) days written notice from Comcast, be shortened so that the Franchise shall be deemed to expire on a date six (6) months from the first day of the month following the date of Comcast's notice; provided, however, that if the provision of Cable Services or Video Programming by the other facilities -based Cable Services Provider within the Franchise Area is being legally challenged by the Town, the term of this Franchise shall remain unaffected until such legal challenge is concluded. 2.6 Familiarity with Agreement and Acceptance (A) Comcast acknowledges and warrants that it has carefully read and fully comprehends the terms of this Agreement and that it has fully considered the requirements of this Agreement, and finds that the same are commercially practicable at this time and consistent with all local, State and federal laws and regulations currently in effect. (B) By executing this Agreement, Comcast: (1) acknowledges and accepts the Town's legal right to issue and enforce the Agreement; (2) agrees that it will not oppose the Town's lawful intervention in any legal or regulatory proceeding affecting the Cable System; (3) accepts and agrees to comply with every provision of this Agreement; and (4) agrees that the Agreement was negotiated in compliance with applicable law, and that it will not raise any claim to the contrary. SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS 3.1 Franchise Fee As compensation for the use of the Public Ways, Comcast shall pay as a Franchise Fee to Town, for the duration of this Agreement, an amount equal to five percent (5 %) of Comcast's Gross Revenue. 12/13/2012 Q: IUSERSIVAILICOMCAST AGRIFRANCHISE FINAL -3.DOC 3.2 Payments (A) Franchise Fee payments to Town shall be computed quarterly for the preceding calendar quarter ending March 31, June 30, September 30, and December 31. Each quarterly payment shall be due and payable no later than thirty (30) days after said dates. For untimely payments, Comcast shall pay, in addition to the payment or sum due, interest from the due date at the rate of eight percent (8 %) per annum until the date the Town receives the payment. (B) No acceptance of payment shall be construed as an accord by Town that the amount paid is the correct amount, nor shall an acceptance of payment be construed as a release of any claim Town may have against Comcast. The period of limitation for recovery of Franchise Fees payable hereunder shall be three (3) years from the date on which payment by Comcast was due or such shorter period of time if so provided by law. (C) A report prepared by a representative of Comcast showing the basis for the computation of the Franchise Fees paid during that period shall either accompany the Franchise Fee payment or be provided under separate cover within ten days of the report. 3.3 Audits (A) On an annual basis, upon thirty (30) days' prior written notice, the Town may conduct an independent audit of Comcast's financial records necessary to ensure compliance with this Agreement. If Comcast cooperates in making all relevant records available upon request, the Town will in good faith attempt to complete each audit within six (6) months, and the audit period shall not be any greater than the previous three (3) years. (B) Additional amounts due to the Town as a result of the audit shall be paid within sixty (60) days following written notice to Comcast. If a Franchise Fee underpayment is discovered as the result of an audit, Comcast shall pay, in addition to the amount due, interest at the maximum allowed rate as provided under State law calculated from the date the underpayment was originally due until the date the Town receives the payment. (C) If the audit shows that Franchise Fees have been underpaid by five percent (5 %) or more in a calendar year, Comcast shall pay the actual cost of the audit in a total amount not to exceed $10,000. 3.4 Additional Commitments Not Franchise Fees No term of this Agreement shall affect Comcast's obligation to pay Franchise Fees. Although the total sum of Franchise Fee payments and additional commitments set forth elsewhere in this Agreement may total more than five percent (5 %) of Gross Revenue in any twelve -month period, Comcast agrees that the additional commitments regarding PEG funding and Access Channels are not Franchise Fees, nor are they to be offset or credited against Franchise Fee payments unless specifically provided by applicable law. 3.5 Payment on Termination Within one hundred twenty (120) days of termination of this Agreement, Comcast shall file with the Town a financial statement, certified by an independent certified public accountant, showing the Gross Revenue received by Comcast since the end of the previous fiscal year. Within forty five (45) days of the filing of the certified statement with the Town, Comcast shall pay any unpaid amounts as indicated. If Comcast fails to satisfy its remaining financial obligations as 7 12/13/2012 Q: I USERSIVAIL ICOMCASTIAGRIFRANCHISE FINAL -3.DOC required in this Agreement, the Town may do so by utilizing the funds available in a Letter of Credit or other security provided by Comcast. 3.6 Service Packages If Comcast offers bundled Cable Service and non -Cable Service to Customers, Comcast shall fairly and reasonably allocate revenue with regard to Cable Service. 3.7 Tax Liability The Franchise Fees shall be in addition to all taxes or other levies or assessments now or hereafter required to be paid by businesses by any applicable law including without limitation sales, use, utility and other taxes, and business license fees. SECTION 4. ADMINISTRATION AND REGULATION 4.1 Rates and Charges (A) Comcast's rates and charges for Cable Service shall be subject to regulation by Town to the full extent authorized by applicable federal, State and local laws. Customer billing shall be itemized by service pursuant to FCC Regulation, 47 C.F.R. § 76.1619 or as amended. (B) Comcast will use best efforts to maintain with the Town a current schedule of applicable rates charged for Cable Service provided under this Agreement. The Town recognizes that such rates change periodically, and if the Town clerk has reason to believe that the schedule of rates on file is not up to date, then upon three (3) days advance request, Comcast shall provide the Town with a current and complete schedule of applicable rates and charges for Cable Service provided to Customers in the Town. Nothing in this Subsection shall be construed to require Comcast to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with promotional campaigns. 4.2 No Rate Discrimination All Comcast rates and charges shall be published (in the form of a publicly - available rate card), made available to the public, and shall be non - discriminatory as to all Persons of similar classes, under similar circumstances. Nothing herein shall be construed to prohibit: (1) The temporary reduction or waiving of rates or charges in conjunction with promotional campaigns; (2) The offering of reasonable discounts to similarly situated Persons; or (3) The offering of bulk discounts for multiple Dwelling Units. 4.3 Time Limits Strictly Construed When this Agreement sets forth a time for any act to be performed by Comcast, such time shall be deemed to be of the essence, and any failure of Comcast to perform within the allotted time may be considered a breach of this Agreement. 4.4 Performance Evaluations Special evaluation sessions may be held at any time upon written request and upon not less than thirty (30) days prior notice by the Town during the term of this Agreement. All such evaluation sessions shall be open to the public. Topics that may be discussed at any evaluation session may include those issues surrounding Comcast's failure to comply with the terms of the Agreement 1211312012 Q: I USERSI VAILICOMCAST AGRIFRANCHISE FINAL -3.DOC provided that nothing in this Subsection shall be construed as requiring the renegotiation of this Agreement or any term or provision therein and further provided that this Subsection need not be followed before other legal or equitable remedies within this Agreement. 4.5 Late Fees and Disconnection Comcast's late fee and disconnection policies and practices shall be nondiscriminatory, and such policies and practices, and any fees imposed pursuant to this Subsection, shall apply equally throughout the Franchise Area without regard to the neighborhood or income level of the Customers. SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS 5.1 Indemnification (A) Comcast, at its own expense, shall indemnify, defend and hold harmless the Town, its officers, officials, boards, commissions, agents, representatives and employees, from any action or claim for injury, damage, loss, liability, settlement, proceeding, judgment, or cost or expense, including court and appeal costs and attorney fees and expenses, arising from any casualty or accident to Person or property, including, without limitation, copyright infringement, defamation, and all other damages in any way arising out of, or by reason of, any construction, excavation, erection, operation, maintenance, repair or reconstruction, or any other act done under this Agreement, by or for Comcast, its authorized agents, or by reason of any neglect or omission of Comcast, its authorized agents or its employees. Comcast shall consult and cooperate with the Town while conducting its defense of the Town. (B) The provisions of this Section 5 shall survive the termination of this Agreement unless superseded by indemnification provisions in a new franchise or in federal or state law. (C) Subject to applicable law, Comcast shall indemnify the Town for any damages, including but not limited to damages incurred as a result of delay, payable by the Town related to Comcast's failure to properly install, remove, adjust or relocate any of its facilities in the Public Ways in accordance with any lawful relocation required by the Town. (D) Comcast shall also indemnify, defend and hold the Town harmless for any claim for injury, damage, loss, liability, cost and expense, including court and appeal costs and attorney fees and expenses in any way arising out of any failure by Comcast to secure consents from the owners, authorized distributors or franchisees /licensors of programs to be delivered by the Cable System, provided however, that Comcast will not be required to indemnify the Town for any claims arising out of the use of Access Channels by the Town or its Designated Access Provider or use by the Town of the emergency alert system. 5.2 Indemnification Procedures and Defense (A) If a claim or action arises, the Town or any other indemnified party shall promptly tender the defense of the claim or action to Comcast, which defense shall be at Comcast's expense. The Town may participate in the defense of a claim and Comcast may not agree to any settlement of claims without the Town's written approval, which shall not be unreasonably withheld. (B) The fact that Comcast carries out any activities under this Agreement through independent contractors shall not constitute an avoidance of or defense to Comcast's duty of defense and indemnification. 12/13/2012 Q: I USERSIVAILICOMCASTIAGRIFRANCHISE FINAL -3.DOC (C) If separate representation is necessary, such as a conflict of interest between the Town and the counsel selected by Comcast to represent the Town, Comcast shall select other counsel. 5.3 Insurance (A) Comcast shall maintain at all times in full force and effect at its own expense each of the following policies of insurance: (1) Commercial General Liability coverage for bodily injury, personal injury, and property damage with limits of no less than two million dollars ($2,000,000) per occurrence. The general aggregate limit shall be no less than five million dollars ($5,000,000). (2) Commercial Automobile Liability Insurance with minimum combined single limits of at least three million dollars ($3,000,000) each occurrence and five million dollars ($5,000,000) aggregate with respect to each of Comcast's owned, hired and non - owned, or any other vehicles assigned to or used in any activities authorized under or used in conjunction with this Agreement. (3) Employer's Liability with limits of at least one million dollars ($1,000,000). (4) Workers' Compensation insurance shall be maintained during the life of this Agreement to comply with State law for all employees. (B) Each policy shall provide that the insurance shall not be canceled or terminated so as to be out of compliance with these requirements without forty -five (45) days' prior written notice, and ten (10) days' notice for nonpayment of any premium. Comcast shall maintain continuous uninterrupted insurance coverage, in at least the amounts required, until all work required to be performed under the terms of this Agreement is satisfactorily completed and, in the case of Commercial General Liability Insurance, for at least one (1) year after termination of this Agreement. A failure of Comcast to comply with any claim reporting provisions or any breach of an insurance policy warranty shall not affect coverage afforded under the policy to protect the Town. However, if coverage is not afforded under these circumstances, Comcast shall indemnify the Town for losses the Town otherwise would have been covered for as an additional insured. (C) All insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against the Town, its officers, officials, agents, and employees for any claims arising out of Comcast's work or service. Comcast shall be responsible for deductibles or self - insured retention. (D) All policies shall contain, or shall be endorsed so that: (1) The Town and its officers, officials, boards, commissions, agents, representatives, and employees are to be covered as, and have the rights of, additional insureds with respect to liability arising out of activities performed by, or on behalf of, Comcast under this Agreement or applicable law, or in the construction, operation, upgrade, maintenance, repair, replacement or ownership of the Cable System; (2) Comcast's insurance coverage shall be primary insurance with respect to the Town and its officers, officials, boards, commissions, agents, volunteers and employees. Any insurance or self insurance maintained by the Town or its officers, officials, boards, 10 12/13/2012 Q: I USERSI VAILICOMCASTL4GRIFRANCHISE FINAL -3.DOC commissions, agents, representatives, volunteers or employees shall be in excess of Comcast's insurance and shall not contribute to it, provided the occurrence arises out of Comcast's negligence; and (3) Comcast's insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability. (E) Comcast shall furnish the Town with certificates of insurance and an endorsement reflecting additional insured status. The certificates for each insurance policy are to be on standard forms or such forms as are consistent with standard industry practices, and are to be received and approved by the Town at the time of acceptance of this Agreement by Comcast with existing insurance coverage to be maintained by Comcast until that date. Comcast hereby warrants that its insurance policies satisfy the requirements of this Agreement. (F) The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on liability or indemnification. 5.4 Letter of Credit (A) On the Effective Date, Comcast shall provide to the Town as security for the faithful performance by Comcast of all provisions of this Agreement, a letter of credit from a financial institution satisfactory to the Town in the amount of fifty thousand dollars ($50,000) (the "Initial Letter of Credit "). If, on December 31, 2014, Comcast is in compliance with this Agreement, including without limitation the Customer Service Standards, the Town shall release the Initial Letter of Credit, and Comcast shall provide the performance bond required by Section 5.5 hereof. (B) At any time during the term of this Agreement after the Initial Letter of Credit has been released by the Town, if there is a claim by the Town of an uncured breach by Comcast of a provision of this Franchise, then the Town may require and Comcast shall reestablish and provide, as quickly as possible, but no later than thirty (30) days after a request from the Town, a letter of credit from a financial institution satisfactory to the Town in the amount of fifty thousand dollars ($50,000). (C) After completion of the procedures set forth in Section 12.1 or other applicable provisions of this Franchise, the letter of credit may be drawn upon by the Town for purposes that include, but are not limited to the following: (1) Failure of Comcast to pay the Town sums due under this Agreement; (2) Reimbursement of costs borne by the Town to correct violations not corrected by Comcast; and (3) Liquidated damages assessed against Comcast as provided in this Agreement. (D) The Town shall give Comcast written notice of any withdrawal under this Subsection upon such withdrawal. Within ten (10) days following receipt of such notice, Comcast shall restore the letter of credit to the amount required under this Agreement. 11 12/13/2012 Q. I USERSI VAILICOMCASTIAGRIFRANCHISE FINAL- 3.DOC 5.5 Performance Bond Within seven (7) days of the release of the Initial Letter of Credit, Comcast shall provide a performance bond to the Town in the amount of fifty thousand dollars ($50,000) to ensure the faithful performance of its responsibilities under this Agreement and applicable law, including, by way of example and not limitation, its obligations to relocate and remove its facilities and to restore property. Comcast may be required to obtain additional bonds, such as generally applicable construction bonds, in accordance with the Vail Town Code. All bonds shall be in a form approved by the Town Attorney. Comcast shall pay all premiums or costs associated with maintaining the bonds, and shall keep the same in full force and effect at all times. SECTION 6. CUSTOMER SERVICE 6.1 Service Availability (A) Except as otherwise provided herein, Comcast shall provide a standard aerial installation of Cable Service within seven (7) days of a request by any Person in the Franchise Area. Standard Installations shall be done within seven (7) days of a request for service. Comcast shall provide such service: (1) With no extension charge except as specifically authorized by this Agreement; (2) At a non - discriminatory installation charge for a Standard Installation and with additional charges for non - Standard Installations computed according to a non- discriminatory methodology for such installations; and (3) At non - discriminatory monthly rates for all Customers, excepting commercial Customers, Multiple Dwelling Unit Bulk Customers and other lawful exceptions to uniform pricing. (B) No Person shall be refused service arbitrarily. However, for non - Standard Installations or a density of less than twenty five (25) residences per 5280 aerial cable- bearing strand feet of trunk or distribution cable, or sixty (60) residences per 5280 underground trench feet of trunk or distribution cable, Cable Service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements. Comcast may require that the payment of the capital contribution in aid of construction be borne by such potential Customers and be paid in advance. 6.2 Customer Service Standards Comcast shall comply with the Customer service standards in 47 C.F.R. §§ 76.309, 76.1602, 76.1603 and 76.1619, and any local standards adopted in accordance with applicable law. Comcast acknowledges the Town's ability to enact customer service standards that exceed those enacted by the FCC and the Town acknowledges Comcast's right to recover the costs associated with complying with such standards. Comcast shall not enter into a contract with any Customer that is in any way inconsistent with the terms of this Agreement, or the requirements of any applicable Customer service standards. 6.3 Customer Privacy Comcast shall comply with privacy rights of Customers in accordance with applicable law. 12 12/13/2012 Q: I USERSIVAILICOMCAS7IAGRIFRANCHISE FINAL -3.DOC 6.4 Customer Service Agreement and Manual (A) Comcast shall provide to Customers an accurate, comprehensive service agreement and customer installation packet for use in establishing Customer service. This material shall, at a minimum, contain the following: (1) Comcast's procedure for investigation and resolution of Customer complaints; (2) Services to be provided and rates for such services; (3) Billing procedures; (4) Service termination procedure; (5) A complete statement of the Customer's right to privacy; (6) Equipment policy; and, (7) The name, address and phone number of the Customer service department that is responsible for handling questions and complaints for Comcast. (B) A copy of the current installation packet shall be available to each Customer: (1) at the time of initial installation and at any time the packet is requested by the Customer. SECTION 7. RECORDS 7.1 Required Records (A) Comcast shall at all times maintain: (1) Access to a full and complete set of plans, records and maps showing the location of all Cable System facilities in Public Ways; (2) A copy of all FCC filings on behalf of Comcast, its parent corporations or Affiliates that relate to the operation of the Cable System in the Franchise Area; (3) A list of Comcast's rates and Channel line -ups; and, (4) Financial records as required by Section 3 hereof. (B) The Town, upon reasonable prior written notice to Comcast, may review Comcast's records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area which are reasonably necessary to monitor and enforce Comcast's compliance with this Agreement, including without limitation any records required to be kept in a public file by Comcast pursuant to FCC rules and regulations. All such records shall be retained by Comcast for at least three (3) years. Comcast shall not deny the Town access to any of Comcast's records on the basis that Comcast's records are under the control of any parent corporation, Affiliate or a third party. The Town may request in writing copies of such records that are reasonably necessary, and Comcast shall provide such copies within thirty (30) days at Comcast's sole expense. If the requested records are too voluminous, or for security reasons cannot be copied or removed, then Comcast may request, in writing within ten (10) days of receipt of such request, that the Town inspect them at Comcast's local offices or at one of Comcast's offices more convenient to Town or its duly authorized agent. If any records of Comcast are not kept in such office and not made available to the Town upon written request, and if the Town determines that an examination of such records is necessary for the enforcement 13 12/13/2012 Q:1 USERSI VAILICOMCASTIAGRIFRANCNISE FINAL -3.DOC of this Agreement, then all reasonable travel expenses incurred in making such examination shall be paid by Comcast. (C) Comcast shall maintain at its business office, in a file available for public inspection during regular business hours, those documents required pursuant to FCC rules and regulations. (D) Comcast shall keep an accurate and comprehensive compilation of any and all Customer complaints received and Comcast's actions in response to those complaints, in a manner consistent with the privacy rights of Customers. Comcast shall provide an executive summary report to the Town on an annual basis within one hundred twenty (120) days of the end of each year that shall include the following information: (1) Nature, date and type of Customer complaints escalated to Comcast by the Town in writing and date complaints were resolved; (2) Average response time for service calls; (3) Phone activity report; (4) A summary of the previous year's activities regarding the development of the Cable System, including, beginning and ending plant miles constructed; (5) An annual report of the company on Form 10 -K that is filed with the U.S. Securities and Exchange Commission; and, (6) A copy of all Comcast's rules and regulations applicable to Customers. 7.2 Proprietary Information If Comcast provides records to the Town, the Town agrees to keep confidential any proprietary information to the extent permitted by law. Comcast shall be responsible for clearly and conspicuously identifying the work proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under applicable law. 7.3 Copies of Federal and State Reports Within thirty (30) days of the Town's written request, Comcast shall submit to the Town copies of any pleading, application, notification, communication or document of any kind, submitted by Comcast or an Affiliate to any federal, State or local court, regulatory agency or other government body if such documents relate to the operations of the Cable System. Comcast shall not claim confidential, privileged or proprietary rights to such documents, unless under federal, State, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or State agency. With respect to all other reports, documents and notifications provided to any federal, State or local regulatory agency as a routine matter in the due course of operating the Cable System, Comcast shall make such documents available to the Town upon the Town's written request. SECTION 8. PROGRAMMING 8.1 Broad Programming Categories (A) Comcast shall provide at least the following initial broad categories of programming to the extent such categories are reasonably available. • Educational programming; 14 12113/1012 Q: I USERSI VAILICOMCASTIAGRIFRANCHISE FINAL -3.DOC • News, weather and information; • Sports; • General entertainment including movies; • Foreign language programming; • Children's programming; • Family oriented programming; • Arts, culture, performing arts programming; • Science and documentary programming; • National /international news; and • Local /regional news. (B) Comcast shall not delete or so limit as to effectively delete any broad category of programming within its control without prior written notice to the Town. (C) In the event of a modification proceeding under federal law, the mix and quality of Cable Service provided by Comcast shall follow the guidelines of Federal law. 8.2 Obscenity Comcast shall not transmit, or permit to be transmitted, over any Channel subject to its editorial control any programming which is obscene under applicable federal, State or local laws. 8.3 Services for the Disabled In providing Cable Service to the disabled, Comcast shall comply with the Americans With Disabilities Act, as amended. 8.4 Parental Control Device Upon request by any Customer, Comcast shall make available at no charge a parental control device to enable a Customer to control access to both the audio and video portions of any Channels. Comcast shall inform its Customers of the availability of the device at the time of their initial subscription and upon request. 8.5 Complimentary Cable Service Comcast, upon request, shall provide without charge, a Standard Installation and one outlet of Basic Service to those buildings now existing, acquired or hereafter constructed that are either owned and occupied or leased and occupied by the Town, its designee or other governmental entity, including without limitation fire stations, police stations, libraries, schools and the Access studio, provided that they are already served or are within one hundred twenty -five (125) feet of the Cable System. The Cable Service provided shall not be distributed beyond the originally installed outlet without authorization from Comcast, which shall not be unreasonably withheld. In the case of leased facilities, the recipient of service is responsible for securing approval for appropriate right of entry suitable to Comcast in its reasonable discretion. The Cable Service provided shall not be used for commercial purposes or in golf course clubhouses. For new hookups, Comcast shall not provide an outlet to such buildings where a non - Standard Installation 15 12/13/2012 Q. I USERSIVAILICOMCAS7 IAGRIFRANCHISE FINAL -3.DOC is required, unless the Town or building owner /occupant agrees to pay the cost of the non - Standard Installation. SECTION 9. ACCESS 9.1 Access Channels (A) Comcast shall provide, at no charge, two (2) Public, Educational or Governmental (PEG) Access Channels. (B) The Town may delegate management of the PEG Access Channels to a Designated Access Provider. (C) All PEG Access Channels provided for in this Agreement shall be carried system -wide in the Franchise Area, and shall be provided on the Basic Service tier unless otherwise agreed to by the parties. (D) The technical quality of the PEG Access Channels shall not be lower than the quality of other Channels on the same tier of service, at the same technical quality that programming is provided to Comcast by the Town or its Designated Access Provider. (E) The Town shall establish and enforce rules for use of the PEG Access Channels to assure nondiscriminatory access to the Channels to similarly situated users; and to promote use and viewership of the channels, consistent with applicable law. PEG Access Channels may not be used for commercial purposes. (F) Comcast may not exercise any editorial control over the content of programming on the PEG Access Channels. 9.2 Triggers for Additional Access Channels The Town may require Comcast to make available up to one (1) additional Access Channel when the Access Channels required by Subsection 9.1 are used for locally scheduled original programming for at least forty (40) hours per week between 8:00 a.m. and midnight during any consecutive ten (10) week period, and then Comcast shall make available, upon written request, within six (6) months, one additional Access Channel for Access Programming purposes. The programming of any additional Access Channel shall contain distinct and non - repetitive programming of the other Access Channels. 9.3 Underutilized Access Channels Comcast and the Town agree that it is their mutual goal to fully and efficiently use the Channel capacity of the Cable System, which may include allowing Comcast to use underutilized Access Channels. If Comcast believes that any Access Channel is underutilized, Comcast may file a request with the Town to use that Access Channel. The Town shall in its sole discretion render a decision regarding the matter within six (6) months of receiving the request. Should the Town find that the Access Channel may be used by Comcast, then Comcast may begin using such Channel thirty (30) days after receipt of the decision, until such time as the Town requires that the Channel again be available for Access purposes in accordance with Section 9.2. 9.4 Access Channel Location (A) Comcast shall use its best efforts to minimize the movement of Access Channel assignments. Comcast shall provide to the Town a minimum of ninety (90) days prior written 16 12/13/2012 Q: I USERSIVAILICOMCASTIAGRIFRANCHISE FINAL -3.DOC notice, prior to any relocation of its Access Channels, unless the change is required by federal law, in which case Comcast shall give the Town the maximum notice possible. Comcast shall pay the Town two thousand dollars ($2,000) per Access Channel, per move. (B) Comcast, at Comcast's expense, shall include notice of Access Channel changes in its regular monthly billing. 9.5 Access Channel Promotion Comcast shall provide the Town the opportunity to include promotional notices on electronic bills on not more than two occasions per year. Comcast shall be provided an opportunity to review all such promotional notices. The Town shall be responsible for any costs associated with the provision of such notices. 9.6 PEG Fee (A) Within ninety (90) days of a written request by the Town, Comcast shall collect and provide to Town an amount equal to twenty-five cents ($0.25) per Residential Subscriber per month as capital support for PEG access ( "PEG Fee "). Comcast shall make PEG Fee payments quarterly, no later than thirty (30) days following the end of the quarter. The Town has the right to reduce or increase the PEG Fee up to a maximum of fifty cents ($0.50) per Residential Subscriber per month, after holding a public hearing and inviting public comment on the matter. The Town shall notify Comcast in writing of any changes to the PEG Fee at least sixty (60) days prior to such change. (B) Within ninety (90) days of a written request by the Town, Comcast shall collect and provide to the Town a PEG Fee in an amount not to exceed one - quarter -of -one percent (0.25 %) of Gross Revenues derived from the operation of the Cable System to provide Cable Services to any Person who receives Cable Services delivered to a Dwelling Unit in the Franchise Area. (C) The Town may elect to receive PEG Fees calculated under either Subsection (A) or Subsection (B) of this Section, but not both. (D) To the extent permitted by law, the PEG Fee may be itemized on Customer billing statements and recovered from Customers over the term of this Agreement. Comcast shall not be responsible for paying the PEG Fee with respect to gratis or Bad Debt accounts. 9.7 Return Lines (A) Comcast shall maintain the return lines from all existing Access broadcast facilities to the Headend in order to enable the distribution of programming to Customers on the Access Channels. Comcast shall continuously maintain these return lines throughout the term of the Agreement, unless any of these locations are no longer used in the future to originate Access programming. (B) Within eighteen (18) months of a written request by the Town, Comcast shall construct and maintain additional return lines to other locations in the Franchise Area; provided however, that Comcast's construction costs shall be paid by the Town or its Designated Access Provider. (C) Return Lines shall be maintained by Comcast in the same manner as the rest of the Cable System so that Access Channels may be viewed at the same quality that is provided by the Town or its Designated Access Provider. 17 12113/2012 Q. I USERSI VAILICOMCAST AGRTRANCHISE FINAL -3.DOC SECTION 10. USE OF PUBLIC WAYS 10.1 Construction and Maintenance (A) The Cable System shall be constructed and maintained so as not to interfere with sewers, water pipes, or any other property of Town, or with any other pipes, wires, conduits, pedestals, structures or other facilities installed in Public Ways. (B) In its maintenance and construction of the Cable System, Comcast shall comply with the Vail Town Code. All construction and maintenance of Comcast's facilities within Public Ways shall, regardless of who performs the construction, be and remain Comcast's responsibility. (C) Comcast's contractors and subcontractors shall be licensed and bonded in accordance with the Town's ordinances, regulations and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Comcast. Comcast shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by it, and shall ensure that all such work is performed in compliance with this Agreement and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Comcast's responsibility to ensure that contractors, subcontractors or other Persons performing work on Comcast's behalf are familiar with the requirements of this Agreement and other applicable laws governing the work performed by them. (D) Comcast shall give reasonable notice to private property owners of construction work in adjacent Public Ways. (E) If Comcast disturbs, alters, or damages any public or private property, Comcast shall at its own expense replace and restore any such Public Way or property to a condition equal to the condition of the property existing immediately prior to the disturbance. (F) The Town may inspect any of Comcast's facilities or construction upon at least twenty - four (24) hours' notice, or, in case of emergency, without prior notice, and the Town may charge Comcast generally applicable inspection fees therefor. If an unsafe condition is found, the Town, in addition to taking any other action permitted under applicable law, may order Comcast to make necessary repairs and alterations to correct the unsafe condition by a time the Town establishes. The Town may correct, inspect, administer and repair the unsafe condition if Comcast fails to do so, and to charge Comcast therefor. (G) On notice from Town that any work is being conducted contrary to this Agreement, or in violation of the terms of any applicable law or permit, the work may immediately be stopped by Town. The stop work order shall: be in writing; be given to the Person doing the work or posted on the work site; be sent to Comcast by mail; indicate the nature of the alleged violation or unsafe condition; and establish conditions under which work may be resumed. 10.2 Location and Movement of Facilities (A) After the Town or any franchisee or permittee of the Town notifies Comcast of a proposed Public Way excavation, or design of any project impacting facilities in the Public Way, Comcast shall, at Comcast's expense, mark on the surface all of its located underground facilities within the area of the proposed excavation in accordance with applicable law. 18 12/13/2012 Q. I USERSI VAIDCOMCASTIAGRIFRANCHISE FINAL -3.DOC (B) The Town may remove or disconnect Comcast's facilities and equipment located in the Public Way or on any other property of the Town in the case of an emergency. Except in an emergency, the Town shall provide reasonable notice to Comcast prior to taking such action and shall provide Comcast with the opportunity to perform such action. Following notice by the Town, Comcast shall remove, replace, relocate, modify or disconnect any of its facilities in a Public Way or on any other property of the Town, except that the Town shall provide at least ninety (90) days written notice of any major capital improvement project that would require the removal, relocation, replacement, modification or disconnection of Comcast's facilities or equipment. If Comcast fails to complete this work within the time prescribed and to the Town's satisfaction, the Town may cause such work to be done at Comcast's expense. Comcast shall remit payment to Town within thirty (30) days of receipt of an itemized list of those costs. (C) If the Town requires Comcast to relocate its facilities located in a Public Way, the Town shall make a reasonable effort to provide Comcast with an alternate location within the Public Way. If funds are generally made available to users of the Public Way for such relocation, Comcast shall be entitled to its pro rata share of such funds. (C) At the request of any Person holding a valid permit and upon reasonable advance notice, Comcast shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The cost of such temporary change may be charged by Comcast to the permit holder, and Comcast may require the estimated payment in advance. Such payment is an exchange between Comcast and the permittee, and the Town will not be the administrator of these transactions. 10.3 Acquisition of Facilities Upon Comcast's acquisition of Cable System related facilities in any Public Way, or upon the addition or annexation to the Town of any area in which Comcast owns or operates any facility, such facilities shall be subject to the terms of this Agreement. The Town acknowledges that inclusion of revenue from Customers affected by annexation to the Town will require ninety (90) days to make changes in the billing system affecting those Customers. 10.4 Reservation of Public Ways Nothing in this Agreement shall prevent the Town from constructing any public improvement, or from permitting other utilities the use of the Public Ways. If the Cable System interferes with the construction, maintenance or repair of any Public Way or public improvement, the Cable System shall be removed or relocated in the area the Town directs. If the Town requires Comcast to relocate its facilities located within the Public Way, the Town shall make a reasonable effort to provide Comcast with an alternate location within the Public Way. All such removal or relocation shall be preceded by sixty (60) days written notice or such additional time as may be provided by Town. Should Comcast fail to remove, adjust or relocate its facilities by the date established by the Town, the Town may effect such removal, adjustment or relocation at Comcast's sole expense. If funds are generally made available to users of the Public Way for such relocation, Comcast shall be entitled to its pro rata share of such funds. 10.5 Discontinued Facilities (A) When Comcast intends to discontinue using any facility within a Public Way, Comcast shall submit to Town a complete description of the facility and the date on which Comcast 19 12/13/2012 Q: I USERSIVAILICOMCASTL9GRTRANCHISE FINAL -3.DOC intends to discontinue using the facility. Comcast may remove the facility or request that the Town allow it to remain in place. Notwithstanding Comcast's request that any such facility remain in place, the Town may require Comcast to remove the facility from the Public Way or modify the facility to protect the public health, welfare, safety and convenience. The Town may require Comcast to perform a combination of modification and removal of the facility. (B) Comcast shall complete such removal or modification in accordance with a schedule set by the Town. Until Comcast removes or modifies the facility as directed by the Town, or until the rights to and responsibility for the facility are accepted by another Person having authority to construct and maintain such facility, Comcast shall be responsible for the facility, as well as maintenance of the Public Way, in the same manner and degree as if the facility were in active use, and Comcast shall retain all liability for such facility. (C) If Comcast abandons any facilities, the Town may choose to use such facilities for any purpose whatsoever. 10.6 Use of Conduit or Ducts (A) The Town may install or affix and maintain wires and equipment owned by the Town for Town purposes in or upon any of Comcast's ducts or conduits in the Public Ways, without charge to the Town, to the extent space therein or thereon is reasonably available, and pursuant to all applicable ordinances and codes. For purposes of this Subsection, "Town purposes" includes, but is not limited to, the use of the structures and installations for fire, police, traffic, water, telephone, or signal systems, but not for Cable Service in competition with Comcast. Comcast shall not deduct the value of such use of its facilities from its Franchise Fee payments or from other fees payable to the Town. (B) Comcast acknowledges that the Public Ways have a finite capacity for containing conduit and facilities. Therefore, Comcast agrees that when the Town determines it is impracticable to permit construction of an underground conduit system by any other Person which may at the time have authority to construct or maintain conduits or ducts in the Public Ways, but excluding Persons providing Cable Service in competition with Comcast, the Town may require Comcast to afford to such Person the right to use Comcast's surplus ducts or conduits in common with Comcast, pursuant to the terms and conditions of an agreement for use of surplus ducts or conduits entered into by Comcast and the other Person. Nothing herein shall require Comcast to enter into an agreement with such Person if, in Comcast's reasonable determination, such an agreement will compromise the integrity of the Cable System. 10.7 Undergrounding Where electric and telephone utility wiring is underground, all Cable System lines, wiring and equipment shall also be placed underground with other wireline service at no expense to the Town. Related equipment, such as pedestals, shall be placed in accordance with applicable Town requirements. In areas where either electric or telephone utility wiring are aerial, Comcast may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation. 10.8 Tree Trimming Comcast may prune or cause to be pruned, using proper pruning practices, any tree in any Public Way which interferes with the Cable System. Comcast shall comply with all Town requirements 20 12/13/2012 Q.• I USERSIVAILICOMCAS71AGRIFRANCHISE FINAL -3.DOC regarding tree trimming. Except in emergencies, Comcast may not prune trees at a point below thirty (30) feet above sidewalk grade without seven (7) days prior written notice to the owner or occupant of the premises abutting the Public Way in or over which the tree is growing. The owner or occupant of the abutting premises may prune such tree at his or her own expense during this one (1) week period. If the owner or occupant fails to do so, Comcast may prune such tree at its own expense. For purposes of this Subsection, emergencies exist when it is necessary to prune to protect the public or Comcast's facilities from imminent danger only. 10.9 GIS Mapping Comcast shall provide the Town with records of Comcast's trunk and distribution facilities in the Franchise Area in a standard geographic information (GIS) format within thirty (30) days of receipt of written request or longer if agreed to by the parties. SECTION 11. CABLE SYSTEM DESIGN AND TECHNICAL STANDARDS 11.1 Technical Performance The technical performance of the Cable System shall meet or exceed all applicable technical standards authorized or required by law, including FCC technical standards as they may be amended from time to time, regardless of the transmission technology utilized. The Town shall have the authority provided by law to enforce compliance with these technical standards. 11.2 Cable System Performance Testing (A) Comcast shall, at its expense, perform all tests on the Cable System required by the FCC (including FCC required test points located in the Franchise Area) and shall maintain written records of its test results in accordance with FCC requirements. Copies of such test results shall be provided to the Town upon request. (B) All required tests may be witnessed by representatives of the Town. Upon request, Comcast will notify the Town before any required technical proof -of- performance or other testing occurs. (C) Comcast shall promptly take all necessary measures to correct any performance deficiencies and prevent their recurrence. Sites shall be re- tested within five (5) days following correction until correction has been confirmed and satisfactory results are obtained. 11.3 Standby Power Comcast shall provide standby power generating capacity at the Cable System Headend capable of providing at least twelve (12) hours of emergency operation. Comcast shall maintain standby power supplies that will supply back -up power of at least two (2) hours duration throughout the distribution networks, and four (4) hours duration at all nodes and hubs. SECTION 12. VIOLATIONS AND REVOCATION 12.1 Procedure for Remedying Violations (A) If the Town believes that Comcast has failed to perform any material obligation of this Agreement, the Town shall notify Comcast in writing, stating with specificity, the nature of the alleged violation. Comcast shall have thirty (30) days from the receipt of such notice to: 21 1211312012 Q: I USERSIVAILICOMCASTIAGRIFRANCHISE FINAL -3.DOC (1) Respond to the Town, contesting the Town's assertion that a violation has occurred, or notifying the Town that violation cannot be cured within thirty (30) days because of the nature of the alleged violation, and requesting a hearing in accordance with Subsection (B), below; or (2) Cure the violation. (B) If Comcast does not cure the violation within thirty (30) days, or denies the violation and requests a hearing, the Town shall set a public hearing on the violation. The Town shall provide not less than seven (7) days prior written notice of the hearing. At the hearing, Comcast shall be provided an opportunity to be heard, to present and question witnesses, and to present evidence in its defense. (C) If, after considering the evidence presented at the public hearing, the Town Council determines that a violation exists, the Town may order Comcast to remedy the violation within fourteen (14) days or within such other reasonable timeframe agreed to by the parties. If Comcast does not remedy the violation within such time to the Town's reasonable satisfaction, the Town may: (1) Assess and collect monetary damages in accordance with this Agreement; (2) Terminate this Agreement; and /or, (3) Pursue any other legal or equitable remedy available under this Agreement or applicable law. 12.2 Alternative Remedies (A) No provision of this Agreement shall bar the right of either party to seek or obtain judicial relief from a violation of any provision of the Agreement or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of other remedies identified in this Agreement nor the exercise thereof shall be deemed to bar or otherwise limit the right of either party to recover monetary damages, as allowed under applicable law, or to seek and obtain judicial enforcement of obligations by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. (B) The Town does not waive any right, immunity, limitation or protection otherwise available to the Town, its officers, officials, Boards, commissions, agents, or employees under any law, including without limitation Section 635A of the Cable Act. Comcast shall not have any monetary recourse against the Town, or its officers, officials, Board, commissions, agents or employees for any loss, costs, expenses or damages arising out of any provision of this Agreement or the enforcement thereof, subject to applicable law. 12.3 Liquidated Damages (A) The Town and Comcast recognize the delays, expense and unique difficulties involved in proving in a legal proceeding the actual loss suffered by the Town as a result of a violation by Comcast of this Agreement. Accordingly, instead of requiring such proof of actual loss, the Town and Comcast agree that Comcast shall pay to the Town the sums set forth in this Subsection. Such amounts are agreed by both parties to be a reasonable estimate of the actual damages the Town would suffer in the event of Comcast's violation. 22 12/13/2012 Q: I USERSI VAILICOMCASTIAGRIFRANCHISE FINAL -3.DOC (B) In addition to any other remedy, the Town in its sole discretion may, after following the procedures as provided in this Section 12.1, charge to and collect from Comcast the following liquidated damages per day, for each day, or part thereof, the violation continues: (1) For failure to provide data, documents, reports or information or to cooperate with the Town during an application process or Cable System review or as otherwise provided herein: one hundred fifty dollars ($150). (2) For failure to make timely PEG Fee or Franchise Fee payments: two hundred fifty dollars ($250). (3) For failure to comply with any other provision of this Agreement or Customer Service Standards or the Vail Town Code: one hundred fifty dollars ($150). (C) Each violation shall be considered a separate violation for which separate liquidated damages can be imposed. In no event shall liquidated damages be imposed for a period greater than 120 days. (D) Comcast shall have thirty (30) days to pay the liquidated damages. If not so paid, the Town may draw on any bond or Letter of Credit. The Town shall give Comcast written notice of any such draw, and within seven (7) days of such notice, Comcast shall restore the bond or Letter of Credit to the amount required under this Agreement. 12.4 Revocation (A) The franchise provided by this Agreement may be revoked and all rights and privileges rescinded if a material breach of the Agreement is not cured, or in the event that: (1) Comcast attempts to evade any material provision of this Agreement or to practice any fraud or deceit upon the Town or Customers; (2) Comcast makes a material misrepresentation of fact in the negotiation of this Agreement; (3) Comcast abandons the Cable System, or terminates the Cable System's operations; (4) Comcast fails to restore service to the Cable System after three (3) consecutive days of an outage or interruption in service; except in the case of an emergency or during a force majeure occurrence, or when approval of such outage or interruption is obtained from the Town; or (5) Comcast becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt, there is an assignment for the benefit of Comcast's creditors, or all or part of Cable System is sold under an instrument to secure a debt and is not redeemed by Comcast within thirty (30) days from said sale. (B) Additionally, the franchise granted in this Agreement may be revoked one hundred twenty (120) days after the appointment of a receiver or trustee to conduct the business of Comcast, at the option of the Town and subject to applicable law, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless directed otherwise by a court of competent jurisdiction. 23 1211312012 Q: I USERSI VAILICOMCAST'AGRIFRANCHISE FINAL -3.DOC (C) If there is a foreclosure or other involuntary sale of the whole or any part of the plant, property and equipment of Comcast, the Town may serve notice of revocation on Comcast and to the purchaser at the sale, and the rights and privileges of Comcast under this Agreement shall be revoked thirty (30) days after service of such notice, unless: (1) The Town has approved the transfer of the Agreement, in accordance with the procedures set forth in this Agreement and as provided by law; and (2) The transferee has agreed to assume and be bound by all terms of this Agreement. 12.5 Purchase of the Cable System If at any time this Agreement lawfully terminates, the Town shall have the option to purchase the Cable System; provided that nothing in this Agreement shall limit or expand the Town's right of eminent domain under State law. SECTION 13. TRANSFER 13.1 Transfer of Ownership or Control (A) The Cable System and this Agreement shall not be sold, assigned, transferred, leased or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger or consolidation; nor shall title thereto, either legal or equitable, or any right, interest or property therein pass to or vest in any Person or entity without the prior written consent of the Town, which consent shall be by the Town Council, acting by ordinance or resolution. (B) Comcast shall promptly notify the Town of any actual or proposed change in control of Comcast. The word "control" as used herein is defined as an acquisition of 51% or greater ownership interest in Comcast. Such change of control of Comcast shall make this Agreement subject to cancellation unless and until the Town has consented in writing. (C) The parties to the transfer shall make a written request to the Town for its approval of a sale or transfer or change in control and shall furnish all information required by law. (D) In seeking the Town's consent to any transfer, the proposed transferee or controlling entity shall indicate whether it: (1) Has ever been convicted or held liable for acts involving deceit including any violation of federal, State or local law or regulations, or is currently under an indictment, investigation or complaint charging such acts; (2) Has ever had a judgment in an action for fraud, deceit, or misrepresentation entered against the proposed transferee by any court of competent jurisdiction; (3) Has pending any material legal claim, lawsuit, or administrative proceeding arising out of or involving a Cable System or the provision of Cable Services; (4) Is financially solvent, by submitting financial data including financial statements that are audited by a certified public accountant who may also be an officer of the transferee or controlling entity, along with any other data that is lawfully required; and (5) Has the financial, legal and technical capability to enable it to maintain and operate the Cable System for the remaining term of the Agreement. 24 1211312012 Q. I USERSIVAILICOMCASTIAGRIFRANCH ISE FINAL -3.DOC (E) The proposed transferee shall provide complete information regarding any potential impact of the transaction on Customer rates and service, as well as any other documentation reasonably related to the proposed transaction and consistent with applicable law which, in the reasonable discretion of the Town are necessary to understand the proposed transaction. (F) The Town shall act on the request within one hundred twenty (120) days of receipt of the FCC Form 394 application and all information expressly required by this Agreement and applicable law, provided it has received a complete application. Subject to the foregoing, if the Town fails to render a final decision on the request within one hundred twenty (120) days, such request shall be deemed granted unless the requesting party and the Town agree to an extension of time. (G) Within thirty (30) days of any transfer, Comcast shall file with the Town a copy of the deed, agreement, lease or other written instrument evidencing such transfer, certified correct by Comcast and the transferee, and the transferee shall file its written acceptance agreeing to be bound by all terms of this Agreement, subject to applicable law. In the event of a change in control in which Comcast is not replaced by another entity, Comcast will continue to be bound by all terms of the Agreement, subject to applicable law, and will not be required to file an additional written acceptance. The approval of any transfer shall not waive any rights of Town to subsequently enforce noncompliance issues relating to this Agreement. If a change of control involves an entity that was not an Affiliate prior to the contemplated transaction, the Town's consent shall be required for such change in control. (H) In reviewing a transfer request, the Town may inquire into the legal, technical and financial qualifications of the transferee, and Comcast shall assist the Town in so inquiring. The Town may condition said transfer upon such terms as it deems reasonably appropriate, consistent with applicable law and reasonably related to the qualifications of the prospective transferee to comply with this Agreement or the resolution of outstanding and unresolved issues of noncompliance with this Agreement by Comcast. (I) Notwithstanding anything to the contrary in this Subsection, the prior approval of the Town shall not be required for any sale, assignment or transfer of the Agreement or the Cable System to an intracompany entity controlling, controlled by or under the same common control as Comcast, provided that the proposed assignee or transferee shall show financial responsibility as may be determined necessary by the Town and shall agree in writing to comply with all provisions of the Agreement. Further, Comcast may pledge the assets of the Cable System for the purpose of financing without the consent of the Town; provided that such pledge of assets shall not mitigate Comcast's responsibilities to meet its obligations under this Agreement. SECTION 14. MISCELLANEOUS 14.1 Cumulative Rights Subject to applicable law, all rights and remedies given to the Town or retained by the Town in this Agreement shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the Town, at law or in equity, and such rights and remedies shall not be exclusive, but every right and remedy given by this Agreement or otherwise existing may be exercised as often and in such order as deemed expedient by the Town, and the exercise of one right or remedy shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 25 12/13/2012 Q. I USERSIVA ILICOMCASTL4GRIFRANCHISE FINAL -3.DOC 14.2 Costs to be Borne by Comcast Comcast shall pay for all costs of publication of this Agreement, and any and all notices prior to any public meeting or hearing provided for pursuant to this Agreement in accordance with the Vail Town Code or Charter. 14.3 Binding Effect This Agreement shall be binding upon the parties hereto, their permitted successors, transferees and assigns. 14.4 Modification This Agreement may be modified only by written agreement between the parties. 14.5 Governing Law and Venue This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Colorado, the Cable Act, as amended, any applicable rules, regulations and orders of the FCC, as amended, and any other applicable local, State and federal laws, rules, and regulations. The venue for any dispute related to a violation of this Agreement shall be in an appropriate state court of competent jurisdiction in Eagle County, Colorado. 14.6 No Joint Venture Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner that would indicate any such relationship with the other. 14.7 Waiver The failure of either party at any time to require performance by the other of any provision hereof shall in no way affect the right of the other party hereafter to enforce the same. Nor shall the waiver by either party of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. 14.8 Severability If any provision of this Agreement is determined to be illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such determination shall have no effect on the validity of any other provision of this Agreement. 14.9 Force Majeure Comcast shall not be held in violation of this Agreement for any act caused by circumstances reasonably beyond the ability of Comcast to anticipate and control, including war, riots, civil disturbances, floods, severe adverse weather conditions or other natural catastrophes, labor stoppages or power outages exceeding back -up power supplies. 14.10 Entire Agreement This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersede all prior oral and written negotiations between the parties. 26 12113/2012 Q: I USERSI VAIDCOMCASTIAGRWRANCHISE FINAL -3.DOC 14.11 Notices Each party shall maintain and file with the other a local address for the service of notices by mail. All notices shall be sent to such respective address, and such notices shall be effective upon the date of mailing. On the Effective Date, the following are the addressed on file: Comcast: Comcast 8000 East Iliff Avenue Denver, CO 80231 Attn: Government Affairs With a copy to: Comcast 281 Metcalf Road, Suite 110 Avon, CO 81620 Attn: General Manager 27 12/13/2012 Q: I USERSI VAIL ICOMCASTIAGRIFRANCHISE FINAL -3.DOC The Town: Town of Vail 75 South Frontage Road Vail, CO 81657 Attn: Town Manager IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth above. TOWN OF VAIL, COLORADO Andy Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk APPROVED AS TO FORM: J. Matthew Mire, Town Attorney COMCAST OF COLORADO VI, LLC By: Its: STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2012, by as of Comcast of Colorado VI LLC. My commission expires: (SEAL) Notary Public 28 12/13/2012 Q: I USERSIVAIL ICOMCASTIAGRIFRANCHISE FINAL -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. 8 Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 19th day of December, 2012. 1 Witness my hand and seal this day of c� , 2012. � Ta Tow6 I Depu Clerk a pF �OLORP� 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 1 12119/2012 IIVWS- STORAGEID ESKTOPS $ITNAGELIDESKTOPIORDINANCE NO. 8, SERIES OF 2011 EVER VAIL SDD NO. 4 AMENDMENT SECOND READING 121812.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 6tFike- thMwq�4 /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 97.955 96.155 acres may be referred to as "SDD No. 4." 2 12/192012 IIVWS- STORAGEID ESKTOPS $ITNAGELIDESKTOPIORDINANCE NO. 8, SERIES OF 2011 EVER VAIL SDD NO. 4 AMENDMENT SECOND READING 121812.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 Cascade Village Coldstream Condominiums Development Area Acreage A 17.955 B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 9.100 GIeR I YG rmcrni al Site n 1.8 Tract K Dedicated Open Space Roads TOTAL E 8.322 Development Plan -- Required -- Approval Procedure 32.078 4.700 X96.155 Each development area with the exception of Development Areas A a d O 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. Development Area D r.. 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. 3 12/19/2012 IIVWS- STORAGEIDESKTOPS $ITNAGELIDESKTOPIORDINANCE NO. 8, SERIES OF 2011 EVER VAIL SDD NO. 4 AMENDMENT SECOND READING 121812.DOC Conditional Uses D. Area E, Tract K 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 the PFGY660GR6 of Title 12, ZORing Regulations, Vail To Cede- 2 Attar , • Density -- Dwelling Units, D. Area- n , Glen yen Gemmernia,l Site. ThFee dwelliRg -units, MG of Vail Town Code. Density- -Floor Area Series of 1998 f9F ppwxiew; r) Am; 1), Glen LYAR CQMFAAFG;al Sete. The developmeRt plaR dents- , Commercial Square Footage 4 12/192012 IIVWS- STORAGEID ESKTOPS $ITNAGELIDESKTOPIORDINANCE NO. 8, SERIES OF 2011 EVER VAIL SDD NO. 4 AMENDMENT SECOND READING 121812.DOC Development Plans Site specific development plans are approved for Area A. add °r- a-. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plaRS feF AFea D aFe GOFApFired of there plans submitted by the Glen LYOR . 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.- req iirementc._ 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 0 height between 32 and 40 feet. • o under 32 feet .On the perimeterof the - building -#er Area n height is Site Coverage AFea D; No MOM than 0 Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include 5 12/19/2012 IIVWS- STORAGEIDESKTOPS $ITNAGELIDESKTOPIORDINANCE NO. 8, SERIES OF 2011 EVER VAIL SDD NO. 4 AMENDMENT SECOND READING 121812.DOC retention of natural landscape, if appropriate. Areas A and B, fifty percent (50 %), and in Areas C aR9, sixty percent (60 %), of the area shall be landscaped unless otherwise indicated on the site specific development plans. 6 12/19/2012 IIVWS- STORAGEIDESKTOPS $ITNAGELIDESKTOPIORDINANCE NO. 8, SERIES OF 2011 EVER VAIL SDD NO. 4 AMENDMENT SECOND READING 121812.DOC Parking and Loading 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; _,elc,,meRt Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls OM is - Ot. . ' , W. e wz�t,.2. �. 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 9. K. The two employee dwel'*Rg URU OF; Area D shall only be allowe have gar, fiFep!aGe6 that meet the T-GWR Of f Feplases- Additional Amenities and Approval Agreements for Special Development District No. 4. 7 12/19!2012 IIVWS- STORAGEIDESKTOPS $ITNAGELIDESKTOPIORDINANCE NO. 8, SERIES OF 2011 EVER VAIL SDD NO. 4 AMENDMENT SECOND READING 121812.DOC FRY 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; _,elc,,meRt Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls OM is - Ot. . ' , W. e wz�t,.2. �. 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 9. K. The two employee dwel'*Rg URU OF; Area D shall only be allowe have gar, fiFep!aGe6 that meet the T-GWR Of f Feplases- Additional Amenities and Approval Agreements for Special Development District No. 4. 7 12/19!2012 IIVWS- STORAGEIDESKTOPS $ITNAGELIDESKTOPIORDINANCE NO. 8, SERIES OF 2011 EVER VAIL SDD NO. 4 AMENDMENT SECOND READING 121812.DOC ME 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 AFea D, the above FefeFeRGed 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. D east building peF the appFGyed plan fGF the East BuildiRg. IR AFea D 909 6quaFe 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 8 12/19/2012 IIVWS- STORAGEIDESKTOPS SITNAGELIDESKTOPIORDINANCE NO. 8, SERIES OF 2011 EVER VAIL SDD NO. 4 AMENDMENT SECOND READING 121812.DOC and Recorder; provided that, if the Final Plat for the Ever Vail Subdivision has not been 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. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of December, 2012. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk 9 12/19/2012 IIVWS- STORAGEID ESKTOPS $ITNAGELIDESKTOPIORDINANCE NO. 8, SERIES OF 2011 EVER VAIL SDD NO. 4 AMENDMENT SECOND READING 121812.DOC 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. 9 Series of 2011, on the Town of Vail's web site, www.vail_qov.com, on the 19th day of December, 2012. Witness my hand and seal this I day of �Ca,,q 2012. amm y ' a n of V Deputy Clerk �F O• . S L COLOR 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 12/19/2012 IIVWS- STORAGEID ESKTOPS $ITNAGELIDESKTOPIORDINANCE NO. 9, SERIES OF 2011 EVER VAIL COMMERCIAL CORE PARKING SECOND READING 121812.DOC 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 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. 2 12/19/2012 IIVWS- STORAGEID ESKTOPS $ITNAGELIDESKTOPIORDINANCE NO. 9, SERIES OF 2011 EVER VAIL COMMERCIAL CORE PARKING SECOND READING 121812.DOC 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 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. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of December, 2012. Andrew P. Daly, Mayor ATTEST: 12119/2012 IIVWS- STORAGEIDESKTOPS $ITNAGELIDESKTOPIORDINANCE NO. 9, SERIES OF 2011 EVER VAIL COMMERCIAL CORE PARKING SECOND READING 121812.DOC Lorelei Donaldson, Town Clerk 12/19/2012 IIVWS- STORAGEIDESKTOPS $ITNAGELIDESKTOPIORDINANCE NO. 9, SERIES OF 2011 EVER VAIL COMMERCIAL CORE PARKING SECOND READING 121812.DOC Cara Area Parking Asap It Lionshaad Commercial Core Area e a ,� Exhibit 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.vail.qov.com, on the 19th day of December, 2012. Witness my hand and seal this 'day of taw' , 2012. ammy gel ��OF•Vq j '•• it Dep Jerk 00 (spa _ 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 12/19/2012 IIVWS- STORAGEID ESKTOPS $ITNAGELIDESKTOPIORDINANCENO. 7, SERI ES CF 2011, EVER VAI L ZCNI NG SECCND READ NG 121812. DCCX 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; 2 12/19/2012 IIVWS- STORAGEID ESKTOPS $ITNAGELIDESKTOPIORDINANCENO. 7, SERI ES CF 2011, EVER VAI L ZCNI NG SECCND READI NG 121812. DOCX 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 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. 3 12/19/2012 IIVWS- STORAGEIDESKTOPS $ITNAGELIDESKTOPIORDINANCENO. 7, SERI ES CF 2011, EVER VAI L ZCINi NG SECCND READI NG 121812. DCCX 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. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of December, 2012. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk 4 12/19/2012 IIVWS- STORAGEIDESKTOPS $ITNAGELIDESKTOPIORDINANCE NO. 7, SERI ES CF 2011, EVER VAI L ZCNI NG SECOND READI NG 121812. DOCX Ever Vail Proposed Changes to Zoning ;tom; t" R b Existing Zoning � wa o•..+.w ®s«w B0 1125 250 Feet lExhibit A ',�"� a . �.....�.�.+., .. .�•w�r u.ww.rr.w «rr,.��..•...... rw `..rw r.•ww IO L Yad6•d Hpwrtgr Id. IOtI "Will W 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 2012, on the Town of Vail's web site, www.vailgov.com, on the 7th day of November, 2012. Witness my hand and seal this day of p J 39UZ rvj bQ,✓ , 2012. ammy I eputy Clerk (seal) . ORDINANCE NO. 16 SERIES OF 2012 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, 2013 THROUGH DECEMBER 31, 2013 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 2013 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, 2013, and ending on the 31st day of December, 2013: FUND AMOUNT General Fund $31,110,395 Capital Projects Fund 14,597,900 Real Estate Transfer Tax Fund 4,274,378 Vail Marketing Fund 317,100 Heavy Equipment Fund 3,100,044 Dispatch Services Fund 2,494,275 Conference Center Fund 2,100,000 Health Insurance Fund 4,020,000 Total 62,014,092 Less Interfund Transfers 6,748,441 Net Expenditure Budget 55,265,651 Ordinance No. 16, Series of 2012 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2013 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 6th day of November, 2012. A public hearing shall be held hereon on the 4th day of December, 2012, 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. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 16, Series of 2012 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. 15 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 7th day of November, 2012. Witness my hand and seal this day 2012. Tammy INIaigel, Town o eputy (seal) ORDINANCE NO. 15 SERIES OF 2012 AN ORDINANCE AMENDING TITLE 7, VAIL TOWN CODE BY THE ADDITION OF CHAPTER 10 REGARDING COMMERCIAL TRANSPORTATION 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; and WHEREAS, the Council finds that hindering transportation within the Town is of public concern and efficient police regulation of such a crime would preserve the general welfare of the citizens and guests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. Title 7 is hereby amended by the addition of Chapter 10, COMMERCIAL TRANSPORTATION REGULATIONS to read as follows: Chapter 10 COMMERCIAL TRANSPORTATION REGULATIONS 7 -10 -1: PURPOSE: The purpose of this Chapter is to protect the safety of pedestrians and motorists in the Town by reducing congestion in skier drop -off locations and monitoring the significant increase in hotel and motel shuttles. Ordinance No. 15, Series of 2012 7 -10 -2: DEFINITIONS: AUTOMATED VEHICLE IDENTIFICATION TRANSPONDER (AVI): A transponder issued by the Town to each motor vehicle in a Commercial Operator's fleet, which allows the Town to record the timing of and the number of trips made by each motor vehicle through the Town. BUS OPERATORS: Commercial Operators engaged in the business of providing passenger transportation in motor vehicles having a capacity of twenty -six (26) or more persons, or as otherwise defined by the Colorado Public Utilities Commission, except for Commercial Operators regulated by the federal government, such as Greyhound. COMMERCIAL OPERATOR: A person or entity operating motor vehicles upon Town roadways in connection with any activity involving passenger transportation for a profit, regardless of whether operating as an employee or independent contractor, or whether operating under a company name, including without limitation Bus Operators, Hotel and Motel Operators, Luxury Limousine Operators and taxis; but excluding universities, non- profit organizations, hospitals, ambulance services, or governmental units (including local, state and federal agencies), construction and maintenance contractors, suppliers and service providers not primarily engaged in passenger transportation, and mail delivery systems such as Federal Express, United Parcel Service and the U.S. Post Office. For purposes of this Chapter, transportation companies with common ownership or common control, or those acting on behalf of or in concert with another company, will be treated as one Commercial Operator. CRUISING: Operation of a motor vehicle upon Town roadways or facilities by a Commercial Operator for the purposes of soliciting or attempting to solicit passengers in any location other then in the loading or staging areas specifically authorized for such use in these regulations. DWELL TIME: The period of time during which a motor vehicle remains upon areas specifically authorized for loading or staging. HOTEL AND MOTEL OPERATORS: Commercial Operators engaged in the business of providing temporary or short-term lodging and associated services to the public and transporting passengers to facilities used for temporary or short-term lodging. Ordinance No. 15, Series of 2012 INFREQUENT USER: A Commercial Operator that does not transport passengers to and from the Town more than two (2) days during a Transportation Year. LOADING AND UNLOADING AREAS: Those areas authorized for passenger loading and unloading as shown on a map on file with the Town Manager and available for inspection during regular business hours. LUXURY LIMOUSINE OPERATORS: Commercial Operators engaged in the business of providing charter transportation to the public in vehicles with a manufacturer's rated maximum capacity of six (6) to twelve (12) persons including the driver, or as defined by the Colorado Public Utilities Commission. OVERSIZED VEHICLE: A vehicle that is either at least eighty (80) inches in width, or has a seating capacity for sixteen (16) or more including the driver, but less than twenty - six (26) seats. REPLACEMENT VEHICLE: A vehicle intended by a Commercial Operator to replace a vehicle that had been registered for that Transportation Year, but was subsequently destroyed or sold. TRANSPORTATION YEAR: November 1 through October 31 of the following year. 7 -10 -3: PERMIT REQUIRED: A. Every Commercial Operator other than an Infrequent User shall register with the Town and obtain a permit for each vehicle in the Commercial Operator's fleet at least thirty (30) days prior to each Transportation Year. The Town shall issue a permit to the vehicles of any Commercial Operator who agrees to continuously satisfy the terms and conditions of this Chapter. B. Each application for a permit under this Chapter shall be accompanied by a permit fee, which shall be established each year in an amount determined by the Town Manager. C. Each permit shall be individually numbered. D. The permit shall be permanently affixed to the vehicle front windshield on the lower passenger's side window for each permit and visible to the public. E. If a permit is damaged, a new permit will be issued only when the remains of the damaged permit are filed with the Town. Ordinance No. 15, Series of 2012 7 -10-4: DOCUMENTS REQUIRED: Commercial Operators requiring authorization by or registration with the Colorado Public Utilities Commission or the federal government shall submit to the Town current copies of such authorizations, registrations and tariffs issued to the Commercial Operator by those agencies. 7 -10 -5: INSURANCE: A. Policies: Commercial Operators shall submit certificates of insurance in a form acceptable to the Town with the following coverages: comprehensive general liability insurance policy with limits of not less than $150,000 for any one person injured in any one accident and $600,000 for injury to two or more persons in a single occurrence; motor vehicle insurance in such minimum amounts as required by the Colorado Public Utilities Commission; and the statutory required workers' compensation insurance coverages. B. Additional Insured: The Town shall be named as an additional insured on the general liability and motor vehicle liability policies. C. Certificates: The Commercial Operator shall furnish certificates to the Town prior to commencing operations evidencing that the insurance is in full force and effect during the term of the operating privilege and that the Town shall be notified by the insurers, in writing, at least ten (10) days prior to any cancellation of the policy. 7 -10 -6: INDEMNIFICATION: By registering with the Town, each Commercial Operator agrees to indemnify, defend, and save the Town and its respective agents, officers, and representatives and employees harmless from and against any and all judgments, penalties, liability or loss, including costs and reasonable attorney fees resulting from claims or court actions, whether civil, criminal or in equity, arising directly or indirectly out of acts of the Commercial Operator, its agents, employees or servants, or through any injury or casualty occurring in the Town as a result of said loss. Ordinance No. 15, Series of 2012 7 -10 -7: CONDUCT: Commercial Operators shall abide by the following rules of conduct: A. Demeanor: Commercial Operators shall be courteous to the public and to other Commercial Operators and their employees. The Commercial Operator's employees shall be clean, efficient and neat in appearance. Commercial Operators shall not allow employees in public to use improper language or to act in a loud or boisterous or otherwise improper manner. Commercial Operators shall not engage in open, notorious and public disputes, disagreements or conflicts tending to deteriorate the quality of passenger transportation services of Commercial Operators or their competitors or incompatible with the best interests of customer service in the Town. B. Deception: It shall be a violation of this ordinance for a Commercial Operator to deceive or attempt to deceive the public through false representations concerning its prices or services or those of any other passenger transportation provider. C. Obedience to Signs: Commercial Operators shall obey all posted regulatory signs in the Town. D. Unattended Vehicles: It is unlawful for any Commercial Operator to leave a motor vehicle unattended upon Town streets or facilities. A motor vehicles left without a driver or that causes an obstruction of traffic may be immediately towed at the Commercial Operator's expense. In addition, the Town shall have the authority to require a Commercial Operator to move its motor vehicle for efficient traffic movement or pedestrian safety. E. Passenger Loading, Pick -up and Drop -off: The Town may designate specific pick -up and drop -off locations and times at Town facilities such as the Village Transportation Center and Lionshead Parking Structure. The Town may restrict waiting, parking of Commercial Operator's vehicles, pick -up and drop -off locations on Town streets. These areas will be in a map maintained on file in the office of the Town Manager and available for inspection during regular business hours. F. Cruising: It is unlawful for Commercial Operators to engage in cruising. G. Double Parking: Double parking of motor vehicles by Commercial Operators on Town roadways is prohibited. Ordinance No. 15, Series of 2012 H. Vehicle Idle Time: Commercial Operators are encouraged to turn off their vehicles during dwell time. If it is not practicable to turn off a vehicle due to extreme cold, Commercial Operators are encouraged to limit any vehicle idling time to fifteen minutes or less. I. Oversized Vehicles: To ensure efficient traffic movement and protect pedestrian safety, the Town may restrict oversized vehicles from certain areas of the Town, and such restrictions shall be indicated by appropriate signage. 7 -10 -8: AVI TRANSPONDERS: A. The Chief of Police may, at any time after the effective date of the ordinance codified in this Chapter, determine that each vehicle in every Commercial Operator's fleet should be equipped with an AVI Transponder. If such a determination is made, the Town shall provide written notice to all permitted Commercial Operators that an AVI Transponder will be required by a date certain, not less than thirty (30) days following the date of the notice. B. An AVI Transponder may be purchased from the Town for a fee established by the Town Manager. C. The Commercial Operator is responsible for the care, maintenance, and upkeep of each of its AVI Transponders. D. Except as otherwise permitted, an AVI Transponder shall remain affixed to the vehicle to which it is assigned. An AVI Transponder may only be transferred to a Replacement Vehicle upon written approval of and reassigned by the Town. An AVI Transponder shall not be transferred between or among vehicles within the fleet of a Commercial Operator and the use by a Commercial Operator of an AVI Transponder issued to a different Commercial Operator is strictly prohibited. E. The Town may deactivate an AVI Transponder in the event of misuse. 7 -10 -9: VIOLATION; PENALTY. A. First Violation: A first violation of this Chapter shall result in the issuance of a Warning Notice to the Commercial Operator. The Warning Notice may be delivered by Ordinance No. 15, Series of 2012 hand delivery, via facsimile, or forwarded by regular mail to the Commercial Operator and the registered owner of the transportation company. B. Second Violation: Upon a second violation during a Transportation Year, the Commercial Operator will receive a Warning Notice in the same manner as described in subsection A hereof. C. Third Violation: Upon a third violation during a Transportation Year, a Commercial Operator's operating privileges in the Town shall be suspended for a period of seven (7) days. The Town shall give the Commercial Operator five (5) days prior written notice of the effective date of the suspension. If the Commercial Operator contests any of the violations, the Commercial Operator shall, within two (2) days of receipt of the written notice, request a meeting with the Town Manager, and the suspension shall not take effect until the Town Manager or designee has met with the Commercial Operator and given the Commercial Operator the opportunity to be heard on each of the violations. At the conclusion of the meeting, the Town Manager or designee shall determine, in his or her reasonable discretion, whether the violations occurred and whether suspension is appropriate. Failure to comply with the terms of a suspension shall be cause for issuance of an additional violation and revocation of operating privileges for a period of one (1) year. D. Revocation: Upon a fourth violation during a Transportation Year, the operating privileges of a Commercial Operator shall be revoked for a period of one (1) year. The Town shall give the Commercial Operator five (5) days prior written notice of the effective date of the revocation. If the Commercial Operator contests any of the violations, the Commercial Operator shall, within two (2) days of receipt of the written notice, request a meeting with the Town Manager, and the revocation shall not take effect until the Town Manager or designee has met with the Commercial Operator and given the Commercial Operator the opportunity to be heard on each of the violations. At the conclusion of the meeting, the Town Manger or designee shall determine, in his or her reasonable discretion, whether the violations occurred and whether revocation is appropriate. Commercial Operators whose operating privileges have been revoked shall be denied access to Town roadways. Ordinance No. 15, Series of 2012 E. Emergency Suspension: Notwithstanding any other provision herein, the Town Manager or designee may summarily suspend, without prior notice, the operating privileges of a Commercial Operator, if the Town Manager or designee has reasonable grounds to believe that the public health, safety or welfare requires such emergency suspension. F. Additional Penalties. Violations of this Chapter shall also be subject to the penalties contained in Chapter 4 of Title 1 of this Code. The imposition of any one penalty contained in this Section shall not preclude the imposition of any other penalty allowed by law. 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 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 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. Ordinance No. 15, Series of 2012 Section 5. 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 16th day of October, 2012, and a public hearing for second reading of this Ordinance set for the 6th day of November, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Town Mayor F_ "Y *ts Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of November, 2012. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 15, Series of 2012 Andrew P. Daly, Town Mayor