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Home My WebLink About2013 - 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 2013, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of , October, 2013. � TT Witness my hand and seal this day of V , 2013. Tammy Nag Actin of Vail (seal) ORDINANCE NO. 1 SERIES 2013 AN ORDINANCE ADDING A NEW SECTION 2 -1-4 TO THE VAIL TOWN CODE, TO ENSURE ADEQUATE FUNDING FOR THE TOWN'S LONG - RANGE CAPITAL PROGRAM 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, on November 6, 2012, the registered electors of the Town of Vail voted to amend Section 9.4 of the Vail Town Charter, relating to the Town's long -range capital program; WHEREAS, Section 9.4 of the Vail Town Charter now requires that each annual budget include a long -range capital program, with the percentage of revenues to be allocated to the long -range capital program as established by ordinance of the Town Council; and WHEREAS, to ensure adequate funding for the Town's long -range capital program, the Council determines that certain aspects of the former Section 9.4 of the Vail Town Charter should be adopted by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Vail Town Code is hereby amended by the addition of the following new Section 2 -1 -4: 2 -1-4: CAPITAL PROGRAM: Pursuant to Section 9.4 of the Vail Town Charter, each annual budget shall include a long -range capital program. To ensure adequate funding for the long -range capital program, at least thirty -eight percent (38 %) of all sales tax revenues received by the Town shall be used for capital improvements, open space acquisition, or open space improvements, or for the payment of debt service to finance the same, unless otherwise approved by not less than five (5) affirmative votes of the Town Council. Section 2. 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 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 Ordinance No. 1. Series of 2013 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of October, 2013 and a public hearing for second reading of this Ordinance set for the 151h day of October, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of October, 2013. ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 1. Series of 2013 2 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. 1 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 1&th day of , October, 2013. t! Witness my hand and seal this. � day of (' -� , 2013. ANa I Acting Town of Vail er ORDINANCE NO. 1 SERIES 2013 AN ORDINANCE ADDING A NEW SECTION 2 -1-4 TO THE VAIL TOWN CODE, TO ENSURE ADEQUATE FUNDING FOR THE TOWN'S LONG - RANGE CAPITAL PROGRAM 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, on November 6, 2012, the registered electors of the Town of Vail voted to amend Section 9.4 of the Vail Town Charter, relating to the Town's long -range capital program; WHEREAS, Section 9.4 of the Vail Town Charter now requires that each annual budget include a long -range capital program, with the percentage of revenues to be allocated to the long -range capital program as established by ordinance of the Town Council; and WHEREAS, to ensure adequate funding for the Town's long -range capital program, the Council determines that certain aspects of the former Section 9.4 of the Vail Town Charter should be adopted by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Vail Town Code is hereby amended by the addition of the following new Section 2 -1 -4: 2 -1-4: CAPITAL PROGRAM: Pursuant to Section 9.4 of the Vail Town Charter, each annual budget shall include a long -range capital program. To ensure adequate funding for the long -range capital program, at least thirty -eight percent (38 %) of all sales tax revenues received by the Town shall be used for capital improvements, open space acquisition, or open space improvements, or for the payment of debt service to finance the same, unless otherwise approved by not less than five (5) affirmative votes of the Town Council. Section 2. 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 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 Ordinance No. 1. Series of 2013 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of October, 2013 and a public hearing for second reading of this Ordinance set for the 15th day of October, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of October, 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 1. Series of 2013 2 I PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 2 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 16th day of January, 2013. my hand and seal this )6:t ay of� , 2013. L Tammy a OF VAlL. Town of Vail D Wtv Clerk r O• • • • Q e ORDINANCE NO. 2 SERIES 2013 AN ORDINANCE AMENDING SECTION 6 -3C -6 OF THE VAIL TOWN CODE TO RECONCILE THE VAIL TOWN CODE WITH THE NEWLY ENACTED SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION (AMENDMENT 64) WHEREAS, Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section 16 regarding the personal use and regulation of marijuana; WHEREAS, Amendment 64 permits the possession, use, display, purchase or transportation of marijuana accessories and one ounce or less of marijuana by persons 21 years of age and older; WHEREAS, Amendment 64 allows possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale; WHEREAS, Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of 21 years and to prohibit the open and public consumption of marijuana by persons of any age; and WHEREAS, it is the desire of the Vail Town Council to pass legislation reconciling the Vail Town Code with to Amendment 64 and to clarify and codify the Town's prohibition of medical marijuana businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 6 -3C -6 of the Vail Town Code is hereby amended to read as follows: 6 -3C -6: Possession of Marijuana, Marijuana Products and Marijuana Accessories Cannabis: A. Definitionsed: " MARIJUANA: +aslades -all parts of the plant of the genus cannabis s ativa-� whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds, or its resin, including marijuana concentrate, but the tern does not include industrial hemp, nor does it include Ordinance No. 2, Series of 2013 1 stalks of said plant, fiber produced from its stalks, oil or cake made from the seeds of said plant, OF any etheF GOMpound OF manufaGtWe, Ga4t-, deFo yat'ye, Fnbd ire, nr pFepaFatien ef its ma4u Fe -stalks eXGept th tranted theFetrem, fibeF Gil OF �rGVn� Gake or the sterilized seed of such plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product. MARIJUANA PRODUCTS: Concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. MARIJUANA ACCESSORIES: Equipment, products, or materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. OPENLY OR PUBLICLY: The consumption or growing of marijuana in a place commonly or usually open to or accessible by the general public, or to which members of the general public may resort, including without limitation public ways, streets, sidewalks, alleys, bicycle paths, trails, golf courses, public buildings, parks, open spaces, parking lots, shopping centers, places of business usually open to the general public, and automobiles or other vehicles in or upon any such place or places, but excluding the interior or enclosed yard area of private homes, residences, condominiums or apartments. For purposes of this Section, "openly or publicly" expressly includes the consumption or growing of marijuana in any place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee. B. Unlawful Acts Designated: It is shall be unlawful: feF aRy pefsen te- 1. For any person to use, display, purchase, transport possess or transfer nGt more than one ounce of marijuana in the Town. cannabis, without dOGUFneRted legal allthOFffity to do Sei-GF 2. For any person to possess, grow, process or transport in the Town more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants. A person may possess the marijuana produced by these plants, provided that such possession is limited to the premises where the plants were grown and further provided that the growing takes place in an enclosed locked space and is not conducted openly or publicly Ordinance No. 2, Series of 2013 2 or made available for sale. Openly and publidy display, 3. For a person under the age of twenty -one (21) to use, display, purchase, transport, possess or transfer marijuana, marijuana products or marijuana accessories anywhere in the Town. 4. For a person twenty -one (21) years of age or older to use, display, purchase, transport, possess or transfer marijuana, marijuana products or marijuana accessories in the Town for any reason other than personal use. 5. For a person twenty -one (21) years of age or older to purchase on behalf of, transfer to, or otherwise assist a person under the age of twenty -one (21) in obtaining marijuana, marijuana products or marijuana accessories in the Town. 6. For any person to openly or publicly consume or grow marijuana or to consume marijuana in a manner that endangers others in the Town. C. Penalty. 1. Violations of this Section shall be punishable as set forth in Title 1, Chapter 4 of this Code. 2. It shall be an affirmative defense to a prosecution under this Section that a person is in possession of a valid registry identification card authorizing the medicinal use of marijuana issued by the State, so long as consumption or use does not occur in a public place. 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. Ordinance No. 2, Series of 2013 3 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 15th day of January, 2013 and a public hearing for second reading of this Ordinance set for the 5th day of February, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 2, Series of 2013 4 Andrew P. Daly, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 2 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 7th day of February, 2013. tS Witness my hand and seal this day of , 2013. J ammy Town of V iep (seal) #OF Vq/ ORDINANCE NO. 2 SERIES 2013 AN ORDINANCE AMENDING SECTION 6 -3C -6 OF THE VAIL TOWN CODE TO RECONCILE THE VAIL TOWN CODE WITH THE NEWLY ENACTED SECTION 16 OF ARTICLE XVIII.OF THE COLORADO CONSTITUTION (AMENDMENT 64) WHEREAS, Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section 16 regarding the personal use and regulation of marijuana; WHEREAS, Amendment 64 permits the possession, use, display, purchase or transportation of marijuana accessories and one ounce or less of marijuana by persons 21 years of age and older; WHEREAS, Amendment 64 allows possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale; WHEREAS, Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of 21 years and to prohibit the open and public consumption of marijuana by persons of any age; and WHEREAS, it is the desire of the Vail Town Council to pass legislation reconciling the Vail Town Code with to Amendment 64 and to clarify and codify the Town's prohibition of medical marijuana businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 6 -3C -6 of the Vail Town Code is hereby amended to read as follows: 6 -3C -6: Possession of Marijuana, Marijuana Products and Marijuana Accessories Cates: A. Definitionsed: " MARIJUANA: +Rsledes -all parts of the plant of the genus cannabis satiya L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds, or its resin, including marijuana concentrate, but the term does not include industrial hemp, nor does it include Ordinance No. 2, Series of 2013 staffs- of -said fiber produced from its stalks, oil or cake made from the seeds of said plant, , sterilized seed of such plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product. MARIJUANA PRODUCTS: Concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. MARIJUANA ACCESSORIES: Equipment, products, or materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. OPENLY OR PUBLICLY.- The consumption or growing of marijuana in a place commonly or usually open to or accessible by the general public, or to which members of the general public may resort, including without limitation public ways, streets, sidewalks, alleys, bicycle paths, trails, golf courses, public buildings, parks, open spaces, parking lots, shopping centers, places of business usually open to the general public, and automobiles or other vehicles in or upon any such place or places, but excluding the interior or enclosed yard area of private homes, residences, condominiums or apartments. For purposes of this Section, "openly or publicly" expressly includes the consumption or growing of marijuana in any place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee. B. Unlawful Acts Sesigeated: It is shall be unlawful: fGF any peFsen te-. 1. For any person to use, display, purchase, transport possess or transfer net more than one ounce of marijuana in the Town. saF;Rabis, without deGumeRted legal authWity to do so;-ef 2. For any person to possess, grow, process or transport in the Town more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants. A person may possess the marijuana produced by these plants, provided that such possession is limited to the premises where the plants were grown and further provided that the growing takes place in an enclosed locked space and is not conducted openly or publicly Ordinance No. 2, Series of 2013 2 or made available for sale. Openly and pUblidy display, 3. For a person under the age of twenty -one (21) to use, display, purchase, transport, possess or transfer marijuana, marijuana products or marijuana accessories anywhere in the Town. 4. For a person twenty -one (21) years of age or older to use, display, purchase, transport, possess or transfer marijuana, marjuana products or marijuana accessories in the Town for any reason other than personal use. 5. For a person twenty -one (21) years of age or older to purchase on behalf of, transfer to, or otherwise assist a person under the age of twenty -one (21) in obtaining marijuana, marijuana products or marijuana accessories in the Town. 6. For any person to openly or publicly consume or grow marijuana or to consume marijuana in a manner that endangers others in the Town. C. Penalty. 1. Violations of this Section shall be punishable as set forth in Title 1, Chapter 4 of this Code. 2. It shall be an affirmative defense to a prosecution under this Section that a person is in possession of a valid registry identification card authorizing the medicinal use of marijuana issued by the State, so long as consumption or use does not occur in a public place. 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. Ordinance No. 2, Series of 2013 3 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 15th day of January, 2013 and a public hearing for second reading of this Ordinance set for the 5th day of February, 2013, 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 5th day of February, 2013. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 2, Series of 2013 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. 3 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 16th day of January, 2013. Witness my hand and seal this _L�o- day of �� -�+-� , 2013. 1 ammy ag I own of Vail Depu Jerk (se �OF •VAI(••• O• • ORDINANCE NO. 3 SERIES 2013 AN EMERGENCY ORDINANCE ADOPTING A TEMPORARY BAN ON MARIJUANA ESTABLISHMENTS IN THE TOWN, PURSUANT TO THE NEWLY ENACTED SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION (AMENDMENT 64) WHEREAS, Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section 16 regarding the personal use and regulation of marijuana; WHEREAS, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the Town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance "; WHEREAS, it is the desire of the Town Council that Town staff study the effects of such marijuana establishments, considering the Town's existing land use regulations and master plan, and thereafter provide information to the Town Council as to whether such uses should be permitted at any location in the Town; WHEREAS, Town staff needs sufficient time to gather information and study the effects of marijuana establishments and the zone districts in which they should be permitted, if at all; WHEREAS, during such time, the Vail Town Council finds and determines that it is the best interest of the public health, safety and welfare for the Town to adopt a temporary ban on the location of marijuana establishments in the Town; and WHEREAS, the Town Council finds and determines that an emergency exists, to prevent marijuana establishments from locating in the Town during the time that Town staff is studying the effects of such establishments and the proper location for such establishments, if they will be permitted in the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. It is unlawful for any person to operate, cause to be operated, or permit to be operated in the Town a marijuana establishment, and marijuana establishments are hereby prohibited at any location in the Town. Section 2. For purposes of this ordinance, the following terms shall have the following meanings: a. "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or Ordinance No. 3 Series of 2013 preparation of the plant, its seeds, or its resin, including marihuana concentrate, but excluding industrial hemp, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. b. "Marijuana establishment" means and includes a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a retail marijuana store and a marijuana club. C. "Marijuana cultivation facility" means a facility licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. d. "Marijuana testing facility" means a facility licensed to analyze and certify the safety and potency of marijuana. e. "Marijuana product manufacturing facility" means a facility licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. f. "Retail marijuana store" means a facility licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers. g. "Marijuana club" means a place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee. Section 3. This ordinance is intended to be temporary in nature, and as such, this ordinance shall be in effect from its effective date until August 6, 2013 unless earlier repealed. 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. Ordinance No. 3 Series of 2013 2 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. Section 7. Pursuant to Section 4.11 of the Vail Town Charter, this ordinance is deemed necessary for the protection of the public health, welfare and safety, because the location of marijuana establishments in the Town prior to the time that Town staff has had an adequate opportunity to study the effects of such establishments and the proper location for such establishments, if they will be permitted, could cause irreparable harm to the Town and its residents and visitors. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST AND FINAL READING this 15th day of January, 2013. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 3 Series of 2013 3 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 20h day of February, 2013. Witness my hand and seal this f � day of , 2013. Ta To my Deputy P�vwt \1 SEAL 0069 .0. 0 6900. O ORP� ORDINANCE NO.5 SERIES 2013 AN ORDINANCE REPEALING AND RE- ENACTING ORDINANCE NO. 7, SERIES OF 2010, RE- ESTABLISHING THE APPROVED DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR SITE COVERAGE, DENSITY AND LANDSCAPING FOR SPECIAL DEVELOPMENT DISTRICT NO. 37, TIVOLI LODGE, IN ACCORDANCE WITH SECTION 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR AN ADDITION TO AN ACCOMMODATION UNIT, AN OFFICE AND A MEETING ROOM, AT THE TIVOLI LODGE, LOCATED AT 386 HANSON RANCH ROAD/ LOT E, BLOCK 2, VAIL VILLAGE 5T" FILING, 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, Ordinance No. 12, Series of 2003 established Special Development District No. 37, Tivoli Lodge, per the approved development plan submitted by Robert and Diane Lazier; and WHEREAS, Ordinance No. 10, Series of 2007 repealed and reenacted Special Development District No. 27, Tivoli Lodge, per the approved development plan submitted by Robert Lazier; and WHEREAS, Section 12 -9A -10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to re- establish Ordinance No. 7, Series of 2010, to amend the Approved Development Plan and density control requirements, to allow for an increase in gross residential floor area and site coverage, a reduction in landscaping and a change to approved setbacks; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on February 11, 2013 on the major amendment application and has submitted its recommendation of approval to the Vail Town Council by a vote of 7 -0 -0; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, the approval procedures of Article 12 -9A, Vail Town Code, have been fulfilled; and Ordinance No. 5, Series of 2013 WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to re- establish Special Development District No. 37, Tivoli Lodge. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 10, Series of 2007 is hereby repealed and re- enacted so that Special Development District No. 37, Tivoli Lodge, reads as follows: (additions shown in bold; deletions in stFiketheugh) Section 1. Special Development District No. 37 Established Special Development District No. 37, Tivoli Lodge, is established for development on two parcels of land, legally described as Lot E, Block 2, Vail Village 5th Filing, and Lot 3, First Amendment, Vail Village 5th Filing, which comprise a total of 22,760 square feet (0.5225 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 37." Special Development District No 37 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 37, Tivoli Lodge, shall be Public Accommodation (PA) District (Lot E, Block 2, Vail Village 5th Filing) and Parking (P) District (Lot 3, First Amendment, Vail Village 5th Filing). Lot 3, First Amendment, Vail Village 5th Filing, is used for parking purposes only and is not factored into development standards except parking. Section 2. Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 37, Tivoli Lodge, complies with each of the requirements set forth in Sections 12 -9A -5 and 12 -9A -6 of the Town Code Ordinance No. 5, Series of 2013 2 of Vail. The Approved Development Plan for Special Development District No. 37, Tivoli Lodge, shall be comprised of materials submitted in accordance with Section 12 -9A -5 of the Town Code of Vail and those plans prepared by Resort Design Associates International, entitled "Tivoli Lodge Approved Development Plan Office Copy, dated as approved by the Vail Town Council on March 5, 2013. " Amendments Fnade by "inanGe No. 7, SeFieS of 2010 aFe outlined On the plan pFepaFed by ResleGk -;and- I=I=G entitled "Tiveli Lodge Page A2.0 dated as Fevased on Fmeburwy 9, 2010" whiGh aFe shown in Exhibit A 0 GFdinaRGe No. 7, Series of 291(�. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 37, Tivoli Lodge. The development standards for Special Development District No. 37, Tivoli Lodge are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 37, Tivoli Lodge, shall be those uses listed in Sections 12- 7A-2, 12 -7A -3, and 12 -7A-4 of the Town Code of Vail, as may be amended. B. Lot Area: The minimum lot area for Special Development District No. 37, Tivoli Lodge, shall be 22,760 square feet (0.5225 acres). Lot E, Block 2, Vail Village 5th Filing shall be 17,707 square feet (0.4065 acres). C. Setbacks: The minimum setbacks for Special Development District No. 37, Tivoli Lodge, shall be as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. Ordinance No. 5, Series of 2013 3 D. Height: The maximum allowable building height for Special Development District No. 37, Tivoli Lodge shall be fifty -six feet (56'), and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 37, Tivoli Lodge, shall be 27,901.5 square feet and the maximum allowable density shall be one (1) dwelling unit, sixty -two (62) accommodation units, and one (1) Type III Employee Housing Unit, and as indicated on the Tivoli Lodge Approved Development Plan, dated May 15, . Said Gross Residential Floor Area (GRFA) shall be allocated as follows: a. Accommodation Units (62): 24,451 square feet b. Dwelling Unit (1): 3,000.5 square feet c. Type III Employee Housing Unit (1): 450.0 square feet F. Site Coverage: The maximum allowable site coverage shall be sixty four percent (64 %) or 11,380 square feet si* three eMent (63-1 ° of the total lot area of Lot E, Block 2, Vail Village 5th Filing, and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty six percent (26 %) or 4,682 square feet ° 5,312 squaFe feet. of the total lot area of Lot E, Block 2, Vail Village 5th Filing shall be landscaped. in no instaRGe development site xveed twenty perGent (20%) of the min i im landssap °ed a, a The landscaping and site development shall be as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. H. Parking and Loading: The minimum number of off - street parking spaces shall be forty (40) and the minimum number of loading and delivery bays shall be one (1), and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. Ordinance No. 5, Series of 2013 4 Section 4. Conditions of Approval The conditions of approval required as part of Ordinance No. 12, Series of 2010, have been met. Specifically, the condition that the Developer provides deed - restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12 -13) for a minimum of one (1) employee on the Tivoli Lodge development site, and that said deed - restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Tivoli Lodge were met. The required deed - restricted employee housing units shall not be eligible for resale and the units shall be owned and operated by the hotel and said ownership shall transfer with the deed to the hotel property. No other conditions shall be required as part of the amendments within Ordinance No. 7, Series of 2010 or Ordinance No. 5, Series of 2013. Section 5. Amendments Any amendments to Special Development District No. 37 shall follow the procedures and regulations outlined in Article 12 -9A, Vail Town Code. Section 6. Time Requirements SDD No. 37 shall be governed by the procedures outlined in Article 12 -9A of the Town of Vail Municipal Code. Should the addition pFepesed as W of the FnajeF amendment within G-rd-im-ARGe Ne. 7, Series of 2010 not. of 2010, GFdonaRre No. 7, Series of 2010 will be void, thus FeinstatiRg QFdinanGe No. 12, Series of . Should the addition proposed as part of the major amendment within Ordinance No. 5, Series of 2013 not commence within three years of the adoption of Ordinance No. 5, Series of 2013, Ordinance No. 5, Series of 2013 will be void, thus Ordinance No. 5, Series of 2013 5 reinstating Ordinance No. 7, Series of 2010. 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 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 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 Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of February, 2013 and a public hearing for second reading of this Ordinance set for the 5th day of March, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk ATTACHED: EXHIBIT A: PLANS Ordinance No. 5, Series of 2013 6 s e+1 a r 6 s K g �'- ��r� -� -� s 1 � N /�f I'Z' -9•• I I a e N s di / ^1 N J r • MI i r TOP of SNE,4TNING OL __- 82451.0" 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. 5 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 6th day of March, 2013. Witness my hand and seal this day of ALI , 2013. 3 amm Y ail Deputy y �O b^ �p ORDINANCE NO.5 SERIES 2013 AN ORDINANCE REPEALING AND RE- ENACTING ORDINANCE NO. 7, SERIES OF 2010, RE- ESTABLISHING THE APPROVED DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR SITE COVERAGE, DENSITY AND LANDSCAPING FOR SPECIAL DEVELOPMENT DISTRICT NO. 37, TIVOLI LODGE, IN ACCORDANCE WITH SECTION 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR AN ADDITION TO AN ACCOMMODATION UNIT, AN OFFICE AND A MEETING ROOM, AT THE TIVOLI LODGE, LOCATED AT 386 HANSON RANCH ROAD/ LOT E, BLOCK 2, VAIL VILLAGE 5T" FILING, 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, Ordinance No. 12, Series of 2003 established Special Development District No. 37, Tivoli Lodge, per the approved development plan submitted by Robert and Diane Lazier; and WHEREAS, Ordinance No. 10, Series of 2007 repealed and reenacted Special Development District No. 27, Tivoli Lodge, per the approved development plan submitted by Robert Lazier; and WHEREAS, Section 12 -9A -10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to re- establish Ordinance No. 7, Series of 2010, to amend the Approved Development Plan and density control requirements, to allow for an increase in gross residential floor area and site coverage, a reduction in landscaping and a change to approved setbacks; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on February 11, 2013 on the major amendment application and has submitted its recommendation of approval to the Vail Town Council by a vote of 7 -0 -0; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, the approval procedures of Article 12 -9A, Vail Town Code, have been fulfilled; and Ordinance No. 5, Series of 2013 1 WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to re- establish Special Development District No. 37, Tivoli Lodge. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 10, Series of 2007 is hereby repealed and re- enacted so that Special Development District No. 37, Tivoli Lodge, reads as follows: Section 1. Special Development District No. 37 Established Special Development District No. 37, Tivoli Lodge, is established for development on two parcels of land, legally described as Lot E, Block 2, Vail Village 5th Filing, and Lot 3, First Amendment, Vail Village 5th Filing, which comprise a total of 22,760 square feet (0.5225 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 37." Special Development District No 37 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 37, Tivoli Lodge, shall be Public Accommodation (PA) District (Lot E, Block 2, Vail Village 5th Filing) and Parking (P) District (Lot 3, First Amendment, Vail Village 5th Filing). Lot 3, First Amendment, Vail Village 5th Filing, is used for parking purposes only and is not factored into development standards except parking. Section 2. Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 37, Tivoli Lodge, complies with each of the requirements set forth in Sections 12 -9A -5 and 12 -9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District Ordinance No. 5, Series of 2013 2 No. 37, Tivoli Lodge, shall be comprised of materials submitted in accordance with Section 12 -9A -5 of the Town Code of Vail and those plans prepared by Resort Design Associates International, entitled "Tivoli Lodge Approved Development Plan Office Copy, dated as approved by the Vail Town Council on March 5, 2013. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 37, Tivoli Lodge. The development standards for Special Development District No. 37, Tivoli Lodge are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 37, Tivoli Lodge, shall be those uses listed in Sections 12- 7A-2, 12 -7A -3, and 12 -7A-4 of the Town Code of Vail, as may be amended. B. Lot Area: The minimum lot area for Special Development District No. 37, Tivoli Lodge, shall be 22,760 square feet (0.5225 acres). Lot E, Block 2, Vail Village 5t' Filing shall be 17,707 square feet (0.4065 acres). C. Setbacks: The minimum setbacks for Special Development District No. 37, Tivoli Lodge, shall be as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 37, Tivoli Lodge shall be fifty -six feet (56), and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 37, Tivoli Lodge, shall be Ordinance No. 5, Series of 2013 3 27,901.5 square feet and the maximum allowable density shall be one (1) dwelling unit, sixty-two (62) accommodation units, and one (1) Type III Employee Housing Unit, and as indicated on the Tivoli Lodge Approved Development Plan. Said Gross Residential Floor Area (GRFA) shall be allocated as follows: a. Accommodation Units (62): 24,451 square feet b. Dwelling Unit (1): 3,000.5 square feet c. Type III Employee Housing Unit (1): 450.0 square feet F. Site Coverage: The maximum allowable site coverage shall be sixty four percent (64 %) or 11,380 square feet of the total lot area of Lot E, Block 2, Vail Village 5th Filing, and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty six percent (26 %) or 4,682 square feet of the total lot area of Lot E, Block 2, Vail Village 5th Filing shall be landscaped. The landscaping and site development shall be as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. H. Parking and Loading: The minimum number of off - street parking spaces shall be forty (40) and the minimum number of loading and delivery bays shall be one (1), and as indicated on the Tivoli Lodge Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The conditions of approval required as part of Ordinance No. 12, Series of 2010, have been met. Specifically, the condition that the Developer provides deed - restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12 -13) for a minimum of one (1) employee on the Tivoli Lodge development site, and that said deed - restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Tivoli Lodge were met. The required deed - restricted employee Ordinance No. 5, Series of 2013 4 housing units shall not be eligible for resale and the units shall be owned and operated by the hotel and said ownership shall transfer with the deed to the hotel property. No other conditions shall be required as part of the amendments within Ordinance No. 7, Series of 2010 or Ordinance No. 5, Series of 2013. Section 5. Amendments Any amendments to Special Development District No. 37 shall follow the procedures and regulations outlined in Article 12 -9A, Vail Town Code. Section 6. Time Requirements SDD No. 37 shall be governed by the procedures outlined in Article 12 -9A of the Town of Vail Municipal Code. Should the addition proposed as part of the major amendment within Ordinance No. 5, Series of 2013 not commence within three years of the adoption of Ordinance No. 5, Series of 2013, Ordinance No. 5, Series of 2013 will be void, thus reinstating Ordinance No. 7, Series of 2010. 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 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 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 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 Ordinance No. 5, Series of 2013 5 part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of February, 2013 and a public hearing for second reading of this Ordinance set for the 5th day of March, 2013, 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 5th day of March, 2013. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk ATTACHED: EXHIBIT A: PLANS Ordinance No. 5, Series of 2013 R pp - ii;■ 1•s-' f'ti n. ` ,',t t '•:CIS etTJ"!�`f"11, 411 �' _= ,� r �• >:na . >i G r J ''+ .�' fiti, x rr'l7i t r 1 1} i�ll+'+a> ryG" 1(�J► to • Kt qv a <k �r l 4. mm b 3 �o I os Q Q Q 4 4 Q 4 4 ca v -; o r - -!— - --+-- - - -- a° -- -- i----- a ------ -- - kft ' _ _ - ' a 2 !._ - '- .- i - - - --- --- -'- -'- - _._._. ._il p o N I ° /!r'! 1 • 1 1 cn ! ft j u W� i I i I 6 .+.. R { ♦p 1 i0 1 t I i j • y p -._. -.- _ - _. -._ _ - ._. -._ _gam —�_. f1 i1 i i !14 k } I I A 1 ! i I I ' I i� I I ! r i' I � 1 y 1► t l i i I i I 1. 1 I � � • �� i t ul- i fEQ i I I I I 1 It I I 1 1 1 ! G 1 I 1 I I f TIVOLI LODGE Restock t Sullivan, L.L.C. 386 FIANSON RANCH RD. J'I M. C MtM ea39 M303) O LOT E, BLK. 2, VAIL VILLAGE FIFTH FILINGS 1 n .9 (3031 n3as7e VAIL, COLORADO c° Wiliam F. Restock, A.I.A. 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BLK 2 VAIL VILLAGE PIrrH FILING {� rk VAIL, COLORADO f Witham F. Restock. A.I.A. Archftd . . . . . . . . . . 7 0 0 3,0 0 da 0010 pm z P II II N II I II II 11 II X41 > v TI VOLT LODGE 386 MAN50N RANCM RD. Re5lock 4 5ulfivan, L.L.C. 15M FROV� EvEwinw. c060439 (3DSJ "3.9576 > LOT E. BLK. 2, VAIL VILLAGE FIFTM FILING VAIL. COLORADO William F. Reslock. A.I.A. Arch.tezt I I C } I +.ri�wrosrfaa:s� i i i as 1i Q Q Q Q Q Q Q I I I I I I I I I I I I I I I f(J IIP I A.11 E I 4 I I I I I I I 0 2 €m Q. m 'a <a �o N O� v 4/ V V , 0 0 r 7 �3 �m �° 0&n sm N N M N G ow X 7 +c�rr -.. rr- -r ;yµ... AA -i-w w alp H ps N •.� -:.mac �var s�cs�.;,.w;a -r ,nnur+wnax .Mraw.... ..wa::r.+an +aa.xrxR a+awawRS.ouuavnwws,c,.,w,a, 'Tivcycr 1304 PROUIV DFM 386 HANSON RANCH RD. NERCI . CO M4 9 (303)773-9570 LOT E, BLK. 2, VAIL VILLAGE FIFTH FILING * William F. Resloc , A.I.A. VAIL, COLORADO • Architect uww Yfa -^.vur Ir- 11!9 ZOO 09,111M, �", lg— ::� Onl ui Lim .Cj 1. ■I. ' iii I� • 1-- =1r= � �.: • irilll ' �ri�l =irr ! I !,__ •iri �irill_�ri'1� � _- iiii - - -- IMNN NO VZO l W* 01 No Rxv IM, - - -- ��' IY- •IY� DIY -� •�■ �_'•- ■ems■ ■ •ueo 1 ri Ieo•aI 1 'IrzIL_ �� -- -_ - - -- -. 5. mw mmw "Wwi -now / CIO mw mmw "Wwi mgz I i I oow/m i:- i. t MEE, %iij ME ME 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 2013, on the Town of Vail's web site, www.vailgov.com, on the 20th day of March, 2013. Witness my hand and seal thisc?,6tlday of , 2013. ammy NaitAl e (seal) ,.;. 'r ORDINANCE NO. 6 SERIES OF 2013 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, DISPATCH SERVICE FUND AND HEAVY EQUIPMENT FUND OF THE 2013 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 2013 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 16, Series of 2012, adopting the 2013 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 2013 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 81,500 Capital Projects Fund 7,070,207 Real Estate Transfer Tax Fund 12,900,736 Conference Center Fund 7,627,694 Dispatch Services Fund 157,146 Heavy Equipment Fund 180.200 Total $ 28,017,483 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. 6, Series of 2013 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 19th day of March, 2013, and a public hearing shall be held on this Ordinance on the 2nd day of April, 2013, 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. 6, Series of 2013 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. 6 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of April, 2013. -d Witness my hand and seal this -s - d 1 ammy Na el Town . it Depu OF ?:' (seal) ` COLOR 2013. r ORDINANCE NO. 6 SERIES OF 2013 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, DISPATCH SERVICE FUND AND HEAVY EQUIPMENT FUND OF THE 2013 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 2013 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 16, Series of 2012, adopting the 2013 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 2013 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 81,500 Capital Projects Fund 7,095,207 Real Estate Transfer Tax Fund 12,906,393 Conference Center Fund 7,627,694 Dispatch Services Fund 157,146 Heavy Equipment Fund 180,200 Total $ 28,048,140 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. 6, series of 2013 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 19th day of March, 2013, and a public hearing shall be held on this Ordinance on the 2nd day of April, 2013, 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 2nd day of April 2013. ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 6, Series of 2013 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 2013, on the Town of Vail's web site, www.vailgov.com, on the 8th day of May, 2013. Witness my hand and seal this _gf—day of , 2013. Z m�Vail n uty Cler 4L O�RADO,.. ORDINANCE NO. 7 SERIES 2013 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 17 SERIES OF 1990, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 16, ELK MEADOWS, TO RELOCATE AND RECONFIGURE LOTS 1, 2, AND 3; ADJUST THE GROSS RESIDENTIAL FLOOR AREA ALLOWANCE FOR EACH LOT; ALLOW FOR OFF -SITE EMPLOYEE DWELLING UNIT MITIGATION; AND REVISE THE ARCHITECTURAL GUIDELINES, 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, Ordinance No. 32, Series of 1987 established Special Development District No. 16, Elk Meadows, per the approved development plan; and WHEREAS, Ordinance No. 17, Series of 1990 repealed and reenacted Special Development District No. 16, Elk Meadows, per the approved development plan; and WHEREAS, Section 12 -9A -10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to re- establish Ordinance No. 17, Series of 1990, to amend the approved development plan, to relocate and reconfigure Lots 1, 2, and 3; adjust the gross residential floor area allowance for each lot; allow for off -site employee dwelling unit mitigation; and to revise the architectural guidelines; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on March 25, 2013 on the major amendment application and has submitted its recommendation of approval with conditions to the Vail Town Council by a vote of 4 -1 -0; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, the approval procedures of Article 12 -9A, Vail Town Code, have been fulfilled; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and Ordinance No. 7, Series of 2013 WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to re- establish Special Development District No. 16, Elk Meadows. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ORDINANCE NO. 17, SERIES OF 1990, IS HEREBY REPEALED AND REENACTED WITH AMENDMENTS TO READ AS FOLLOWS: (additions shown in bold; deletions in stfikethrough) Sects 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. 16. Section 2. Special Development District No. 16 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. 16 is established for the development of a parcel of land comprising 3.619 acres (Lots 1 -5, Elk Meadows) and shall be referred to as "SDD No. 16 ". Section 4. The Town Council finds that the development plan for SDD No. 16 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. 16 is approved. Section 5. The zone district underlying SDD No. 16 is Residential Cluster (RC). The uses allowed in SDD No. 16 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. Section 6. 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. 16: 2 Ordinance No. 7, Series of 2013 A. The development plan for SDD No. 16 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Elk Meadows Development LLC rand Susan Tjossem and consists of the following documents, which will be finalized at the major subdivision final plat review: 1. Elk Meadows Subdivision Site Plan dated March 25, 2013. 2. Elk Meadows Schematic Landscape Plan dated March 25, 2013. 4. Environmental Impact Report submitted by Mr. Peter Jamar, Associates, Inc., August 5, 1987, which includes the rockfall mitigation requirements. Such rockfall reports are dated February 23, 1987, February 25, 1987, June 12, 1987, June 15, 1987, July 22, 1987 and March 12, 1990, and will be kept on file in the Town's Community Development offices. The development plan shall adhere to the following: Acreage: The total acreage of the site is 3.619 acres 2. Permitted Uses: The permitted uses for the site are proposed to be: a. Single family residential dwellings b. Open space c. Private roads d. Employee dwelling units as defined in Seetion 6, paragFaph this eFdinanGe. 3. Conditional Uses: a. Public utility and public service uses 3 Ordinance No. 7, Series of 2013 4. Accessory Uses: a. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single - family uses. b. Home occupations, subject to issuance of a home occupation permit, in accordance with the provisions of Sections 12- 14 -12, Home Occupations, Vail Town Code. 18.58.130 thMugh 90. c. Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof. , 5. Parcel Acreages and Uses: a. Building Envelopes: as set forth on the Final Plat. 1. 0.095 acres, 1 single family dwelling unit + one optional employee unit. 2. 0.089 acres, 1 single family dwelling unit + one optional employee unit. 3. 0.078 acres, 1 single family dwelling unit + one optional employee unit. 4. 0.093 acres, 1 single family dwelling unit + one optional employee unit. 5. 0.141 acres, 1 single family dwelling unit + one optional employee unit. b. Tract 1: 2.5 acres, open space. c. Tract 2: 0.59 acres, private access road. 6. Setbacks: Minimum setbacks for the location of structures in relation to building envelope perimeter lines shall be as follows: a. No structure shall be located on any easement as so designated on the final plat of the subdivision. b. No structure shall be located less than two feet from either the east or the west building envelope perimeter line. c. No structure shall be located less than three feet from the north building envelope perimeter line. d. Notwithstanding anything contained hereinabove to the contrary, roof overhangs and decks may encroach into the 4 Ordinance No. 7, Series of 2013 setback areas described in b and c so long as such roof overhangs and decks are totally within the perimeter lines of the building envelope. No portion of the unit, decks, walls, etc. shall encroach beyond the building envelope. Driveways connecting the structure to the shared access drive for the development are permitted outside of the platted building lots. 7. Density- Approval of this development plan shall permit five (5) single family dwelling units, plus five (5) optional employee dwelling units total. One single - family dwelling unit plus one optional employee dwelling unit shall be permitted per each platted building lot. The maximum allowable gross residential floor area (GRFA) shall be 3,520 square feet per lot. GRFA which is unused on a lot cannot be transferred to another lot in the development. The developer shall record the deed restriction for the off -site employee housing unit identified as Unit 7 -A of the Pitkin Creek Condominiums prior to the submittal of the amended final plat for Elk Meadows subdivision to the Town for recording. 8. Building Height: For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30'). For a sloping roof, the height of buildings shall not exceed thirty -three feet (33') 9. Parking: Parking shall be as required in Section 12 -10, Off Street Parking, Vail Town Code. At least one enclosed parking space, per dwelling unit shall be required. Each employee dwelling unit shall have one enclosed parking space. 10, Landscaping: The area of the site to be landscaped shall be as indicated on the preliminary landscape plan. A detailed landscape plan shall be submitted to the Design Review Board for their approval. The Design Review Board approved final landscape plan shall represent the subdivision's general landscape requirements. The entire portion of every building envelope, not covered by pavement or buildings, shall be landscaped as well as any areas outside the building envelope disturbed during construction. 5 Ordinance No. 7, Series of 2013 Ph- M-12.0 I - - - - - - . MWIMPIMI The developer shall record the deed restriction for the off -site employee housing unit identified as Unit 7 -A of the Pitkin Creek Condominiums prior to the submittal of the amended final plat for Elk Meadows subdivision to the Town for recording. 8. Building Height: For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30'). For a sloping roof, the height of buildings shall not exceed thirty -three feet (33') 9. Parking: Parking shall be as required in Section 12 -10, Off Street Parking, Vail Town Code. At least one enclosed parking space, per dwelling unit shall be required. Each employee dwelling unit shall have one enclosed parking space. 10, Landscaping: The area of the site to be landscaped shall be as indicated on the preliminary landscape plan. A detailed landscape plan shall be submitted to the Design Review Board for their approval. The Design Review Board approved final landscape plan shall represent the subdivision's general landscape requirements. The entire portion of every building envelope, not covered by pavement or buildings, shall be landscaped as well as any areas outside the building envelope disturbed during construction. 5 Ordinance No. 7, Series of 2013 11. Design Guidelines: The Design Guidelines for SDD No. 16, Elk Meadows, shall be as regulated by Title 14, Development Standards, Vail Town Code. 12. Recreation Amenities Tax: The recreational amenities tax shall be assessed at the rate for the Residential Cluster zone district. 13. Protective Covenants: In conjunction with the recording of the amended final plat PFIGF tO FnaiGF subdivision final plat appFeval, the developer shall amend the and file protective covenants on the land records of Eagle County which will provide that each owner who builds a structure on a designated building envelope shall comply with the design quide' -a;d- rockfall mitigation requirements as outlined by the EIR by Jamar Associates August 5, 1987. A copy Copies of the guidelines -and mitigation requirements shall be available at the Town of Vail, community Development office. The covenants shall also provide in regard to the covenants dealing with design guidelines, rockfall mitigation and employee housing that the Town of Vail shall have the right to enforce the covenants and that the covenants may not be amended or deleted without Town of Vail approval. The protective covenants shall be approved by the Town of Vail attorney, prior to major subdivision final plat approval. Section 7. Conditions of Approval 6 Ordinance No. 7, Series of 2013 -- .. AM. . 10 .1. 12. Recreation Amenities Tax: The recreational amenities tax shall be assessed at the rate for the Residential Cluster zone district. 13. Protective Covenants: In conjunction with the recording of the amended final plat PFIGF tO FnaiGF subdivision final plat appFeval, the developer shall amend the and file protective covenants on the land records of Eagle County which will provide that each owner who builds a structure on a designated building envelope shall comply with the design quide' -a;d- rockfall mitigation requirements as outlined by the EIR by Jamar Associates August 5, 1987. A copy Copies of the guidelines -and mitigation requirements shall be available at the Town of Vail, community Development office. The covenants shall also provide in regard to the covenants dealing with design guidelines, rockfall mitigation and employee housing that the Town of Vail shall have the right to enforce the covenants and that the covenants may not be amended or deleted without Town of Vail approval. The protective covenants shall be approved by the Town of Vail attorney, prior to major subdivision final plat approval. Section 7. Conditions of Approval 6 Ordinance No. 7, Series of 2013 Id— —— — — _ — AR The owneF of eaGh employee dwelling b- r- wFiting, on aR annual basis to the Town unit shall Vail, that of the employee dwelliAg undude thos seGti0A. This dedaratmGR shall listing the FenteF's name, plaGe ef empleyment, a Witten statement fFem the owne and length of time the-un4 Ordinance No. 7, Series of 2013 Mqncrm V.91 I 1. The amendments to Special Development District No. 16, Elk Meadows, shall not be effective until the major subdivision amended final plat is approved by the Planning and Environmental Commission and is recorded by the Town of Vail at the Eagle County Clerk and Recorder's office. 2. The major subdivision amended final plat shall be recorded at the Eagle County Clerk and Recorder's office before a building permit is released for any construction within the subdivision, including common area improvements as well as individual residences. 3. The applicant and the Town shall continue to work on the proposed driveway design and have a final solution to be presented in conjunction with the major subdivision application and review. 4. The applicant shall record the deed restriction for the off -site employee housing unit identified as Unit 7 -A of the Pitkin Creek Condominiums prior to the submittal of the amended final plat for Elk Meadows subdivision to the Town for recording. 5. The applicant shall amend the covenants to remove the architectural design guidelines and reflect the need for compliance with the design standards and guidelines found in the Vail Town Code. The protective covenants shall be approved by the Town of Vail attorney, prior to major subdivision final plat approval. 8 Ordinance No. 7, Series of 2013 6. The applicant and Town shall enter into a developer's agreement which shall provide that no building permit shall be submitted to the Town until security is provided by the developer to ensure completion of the common improvements for the development. Section 8. Expiration: The applicant must begin construction of the Special Development District within 3 years from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Planning and Environmental Commission shall review the Special Development District. They shall recommend to the Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. Section 9. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the 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 10. The 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 11. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 12. Al 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. 9 Ordinance No. 7, Series of 2013 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. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21St day of May, 2013. ATTEST: Lorelei Donaldson, Town Clerk Andrew P. Daly, Mayor 10 Ordinance No. 7, Series of 2013 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 s 2013, on the Town of Vail's web site, www.vail-gov.com, on the�nd day of May, 2013. Witness my hand and seal thi! 3� day of T mmy e T n of V I Deputy ®r , 2013. ORDINANCE NO. 7 SERIES 2013 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 17 SERIES OF 1990, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 16, ELK MEADOWS, TO RELOCATE AND RECONFIGURE LOTS 1, 2, AND 3; ADJUST THE GROSS RESIDENTIAL FLOOR AREA ALLOWANCE FOR EACH LOT; ALLOW FOR OFF -SITE EMPLOYEE DWELLING UNIT MITIGATION; AND REVISE THE ARCHITECTURAL GUIDELINES, 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, Ordinance No. 32, Series of 1987 established Special Development District No. 16, Elk Meadows, per the approved development plan; and WHEREAS, Ordinance No. 17, Series of 1990 repealed and reenacted Special Development District No. 16, Elk Meadows, per the approved development plan; and WHEREAS, Section 12 -9A -10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to re- establish Ordinance No. 17, Series of 1990, to amend the approved development plan, to relocate and reconfigure Lots 1, 2, and 3; adjust the gross residential floor area allowance for each lot; allow for off -site employee dwelling unit mitigation; and to revise the architectural guidelines; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on March 25, 2013 on the major amendment application and has submitted its recommendation of approval with conditions to the Vail Town Council by a vote of 4 -1 -0; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, the approval procedures of Article 12 -9A, Vail Town Code, have been fulfilled; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and Ordinance No. 7. Series of 2013 WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to re- establish Special Development District No. 16, Elk Meadows. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ORDINANCE NO. 17, SERIES OF 1990, IS HEREBY REPEALED AND REENACTED WITH AMENDMENTS 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. 16. Section 2. Special Development District No. 16 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. 16 is established for the development of a parcel of land comprising 3.619 acres (Lots 1 -5, Elk Meadows) and shall be referred to as "SDD No. 16 ". Section 4. The Town Council finds that the development plan for SDD No. 16 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. 16 is approved. Section 5. The zone district underlying SDD No. 16 is Residential Cluster (RC). The uses allowed in SDD No. 16 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. Section 6. 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. 16: A. The development plan for SDD No. 16 is approved and shall constitute the plan for development within the Special Development District. The development plan is 2 Ordinance No. 7, Series of 2013 comprised of those plans submitted by Elk Meadows Development LLC and consists of the following documents, which will be finalized at the major subdivision final plat review: 1. Elk Meadows Subdivision Site Plan dated March 25, 2013. 2. Elk Meadows Schematic Landscape Plan dated March 25, 2013. 3. Environmental Impact Report submitted by Mr. Peter Jamar, Associates, Inc., August 5, 1987, which includes the rockfall mitigation requirements. Such rockfall reports are dated February 23, 1987, February 25, 1987, June 12, 1987, June 15, 1987, July 22, 1987 and March 12, 1990, and will be kept on file in the Town's Community Development offices. The development plan shall adhere to the following: 1. Acreage: The total acreage of the site is 3.619 acres 2. Permitted Uses: The permitted uses for the site are proposed to be: a. Single family residential dwellings b. Open space c. Private roads d. Employee dwelling units 3. Conditional Uses: a. Public utility and public service uses 4. Accessories: a. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single - family uses. b. Home occupations, subject to issuance of a home occupation permit, in accordance with the provisions of Sections 12- 14 -12, Home Occupations, Vail Town Code. c. Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof. 5. Parcel Acreages and Uses: a. Building Envelopes: as set forth on the Final Plat. 3 Ordinance No. 7, Series of 2013 1. 0.095 acres, 1 single family dwelling unit + one optional employee unit. 2. 0.089 acres, 1 single family dwelling unit + one optional employee unit. 3. 0.078 acres, 1 single family dwelling unit + one optional employee unit. 4. 0.093 acres, 1 single family dwelling unit + one optional employee unit. 5. 0.141 acres, 1 single family dwelling unit + one optional employee unit. b. Tract 1: 2.5 acres, open space. c. Tract 2: 0.59 acres, private access road. 6. Setbacks: Minimum setbacks for the location of structures in relation to building envelope perimeter lines shall be as follows: a. No structure shall be located on any easement as so designated on the final plat of the subdivision. b. No structure shall be located less than two feet from either the east or the west building envelope perimeter line. c. No structure shall be located less than three feet from the north building envelope perimeter line. d. Notwithstanding anything contained hereinabove to the contrary, roof overhangs and decks may encroach into the setback areas described in b and c so long as such roof overhangs and decks are totally within the perimeter lines of the building envelope. No portion of the unit, decks, walls, etc. shall encroach beyond the building envelope. Driveways connecting the structure to the shared access drive for the development are permitted outside of the platted building lots. 7. Density: Approval of this development plan shall permit five (5) single family dwelling units, plus five (5) optional employee dwelling units total. One single - family dwelling unit plus one optional employee dwelling unit shall be permitted per each platted building lot. The maximum allowable gross residential floor area (GRFA) shall be 3,520 square feet per lot. GRFA which is unused on a lot cannot be transferred to another lot in the development. The developer shall record the deed restriction for the off -site employee housing unit identified as Unit 7 -A of the Pitkin Creek Condominiums prior to the submittal of the amended final plat for Elk Meadows subdivision to the Town for recording. 4 Ordinance No. 7, Series of 2013 8. Building Height: For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30'). For a sloping roof, the height of buildings shall not exceed thirty-three feet (33') 9. Parking: Parking shall be as required in Section 12 -10, Off Street Parking, Vail Town Code. At least one enclosed parking space, per dwelling unit shall be required. Each employee dwelling unit shall have one enclosed parking space. 10, Landscaping: The area of the site to be landscaped shall be as indicated on the preliminary landscape plan. A detailed landscape plan shall be submitted to the Design Review Board for their approval. The Design Review Board approved final landscape plan shall represent the subdivision's general landscape requirements. The entire portion of every building envelope, not covered by pavement or buildings, shall be landscaped as well as any areas outside the building envelope disturbed during construction. 11. Design Guidelines: The Design Guidelines for SDD No. 16, Elk Meadows, shall be as regulated by Title 14, Development Standards, Vail Town Code. 12. Recreation Amenities Tax: The recreational amenities tax shall be assessed at the rate for the Residential Cluster zone district. 13. Protective Covenants: In conjunction with the recording of the amended final plat, the developer shall amend the and file protective covenants on the land records of Eagle County which will provide that each owner who builds a structure on a designated building envelope shall comply with the rockfall mitigation requirements as outlined by the EIR by Jamar Associates August 5, 1987. A copy of the mitigation requirements shall be available at the Town of Vail, community Development office. The covenants shall also provide in regard to the covenants dealing with rockfall mitigation and employee housing that the Town of Vail shall have the right to enforce the covenants and that the covenants may not be amended or deleted without Town of Vail approval. The protective covenants shall be approved by the Town of Vail attorney, prior to major subdivision final plat approval. Section 7. Conditions of Approval The amendments to Special Development District No. 16, Elk Meadows, shall not be effective until the major subdivision amended final plat is 5 Ordinance No. 7, Series of 2013 approved by the Planning and Environmental Commission and is recorded by the Town of Vail at the Eagle County Clerk and Recorder's office. 2. The major subdivision amended final plat shall be recorded at the Eagle County Clerk and Recorder's office before a building permit is released for any construction within the subdivision, including common area improvements as well as individual residences. 3. The applicant and the Town shall continue to work on the proposed driveway design and have a final solution to be presented in conjunction with the major subdivision application and review. 4. The applicant shall record the deed restriction for the off -site employee housing unit identified as Unit 7 -A of the Pitkin Creek Condominiums prior to the submittal of the amended final plat for Elk Meadows subdivision to the Town for recording. 5. The applicant shall amend the covenants to remove the architectural design guidelines and reflect the need for compliance with the design standards and guidelines found in the Vail Town Code. The protective covenants shall be approved by the Town of Vail attorney, prior to major subdivision final plat approval. 6. The applicant and Town shall enter into a developer's agreement which shall provide that no building permit shall be submitted to the Town until security is provided by the developer to ensure completion of the common improvements for the development. Section 8. Expiration: The applicant must begin construction of the Special Development District within 3 years from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Planning and Environmental Commission shall review the Special Development District. They shall recommend to the Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. Section 9. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the 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. 6 Ordinance No. 7, Series of 2013 Section 10. The 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 11. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 12. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 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. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21St day of May, 2013. ATTEST: Lorelei Donaldson, Town Clerk Andrew P. Daly, Mayor 7 Ordinance No. 7, Series of 2013 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 2013, on the Town of Vail's web site, www.vailgov.com, on the 19th day of June, 2013. Witness my hand and seal this day of �np , 2013. Tammy it Deputy C er (seal) SEAL 46600*6 s �iORP f. ORDINANCE NO. 8 SERIES 2013 AN EMERGENCY ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON THE PROCESSING AND APPROVAL OF ALL BUSINESS AND LAND USE APPLICATIONS FOR PRIVATE SKI CLUB USES WITHIN THE TOWN 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council have been duly elected and qualified; WHEREAS, pursuant to C.R.S. § 31 -23 -301, the Town is empowered to regulate and restrict zoning, including but not limited to the location and use of buildings within its jurisdiction; WHEREAS, pursuant to C.R.S. § 31 -23- 303(1), the Town's zoning regulations must be made in accordance with the Comprehensive Plan and designed to, among other things, promote health and general welfare within the Town; WHEREAS, the Town has recently received several inquiries and /or applications to operate private ski clubs within the Town; WHEREAS, it is the desire of the Town Council that Town Staff study the effects of allowing private ski clubs to operate within the Town, considering the Town's existing land use regulations and master plan, and thereafter provide information to the Town Council as to whether such uses should be permitted at any location in the Town; WHEREAS, Town Staff needs sufficient time to gather information and study the impacts of private ski clubs and the zone districts in which they should be permitted, if at all; WHEREAS, the imposition of a moratorium on the processing and approval of all business and land use applications for private ski clubs will allow the Town Staff, Town Attorney and the Town Council to assess whether such uses are in the best interest of the public health, safety and welfare; and WHEREAS, due to the recent inquiries and /or applications received by the Town for such uses, the Town Council finds and determines that an emergency exists sufficient to place a temporary moratorium on the processing and approval of all business and land use applications for private ski club uses during the time that Town staff studies the impacts of such uses and the proper location for such establishments, if permitted. 1 Ordinance 8, Series 2013 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings and Intent. The foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council of the Town of Vail. Section 2. Temporary Moratorium. Upon the adoption of this ordinance, a moratorium is imposed on the processing and approval of all business and land use applications for operation of any private ski club use within the Town. Town Staff is directed to refuse to process, review or approve any such applications for the operation of private ski clubs. It shall further be unlawful for any person to operate, cause to be operated, or permit to be operated in the Town a private ski club at any location within the Town unless the Town expressly authorized such use prior to the adoption of this ordinance. For purposes of this ordinance, the term "private ski club" means a members -only club that serves alcoholic beverages and other refreshment with on -site ski storage, or any similar use. Section 3. Investigation and Evaluation. During the term of this moratorium, Town Staff shall investigate, evaluate and update the Town's Code as necessary to regulate or prohibit the operation of private ski clubs within the Town. Section 4. Authority. The Town Council hereby finds, determines and declares that it has the power to adopt this ordinance pursuant to: (i) The Local Government Land Use Control Enabling Act, Article 20 of Title 29 C.R.S.; (ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers); (iii) Section 31 -15 -103, C.R.S. (concerning municipal police powers); (iv) Section 31 -15 -401, C.R.S. (concerning municipal police powers); (v) Section 31 -15 -501, C.R.S. (concerning municipal power to regulate businesses); (vi) The authority granted to home rule municipalities by Article XX of the Colorado Constitution; and (vii) The powers contained in the Town of Vail Town Charter. Section 5. Expiration. The moratorium imposed by this ordinance shall commence as of the date of the adoption of this ordinance and shall expire on December 17, 2013, unless earlier repealed or extended, as determined by Town ordinance. 2 Ordinance 8, Series 2013 Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 8. 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 9. Pursuant to Section 4.11 of the Vail Town Charter, this ordinance is deemed necessary for the protection of the public health, welfare and safety, because the location of private ski clubs within the Town prior to the time that Town staff has had an adequate opportunity to study the effects of such establishments and the proper location for such establishments, if any, could cause irreparable harm to the Town and its residents and visitors. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST AND FINAL READING this 18th day of June, 2013. ATTEST: Lorelei Donaldson, Town Clerk Andrew P. Daly, Mayor 3 Ordinance 8, Series 2013 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 2013, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of July, 2013. Witness my hand and seal this 3rd day of , 2013. �C__s- Ta my Na I Acting Town of Vail Cler S, ,4z 0RA DO, 4_ ORDINANCE NO. 9 SERIES 2013 AN ORDINANCE EXTENDING THE TEMPORARY BAN ON MARIJUANA ESTABLISHMENTS IN THE TOWN, PURSUANT TO THE NEWLY ENACTED SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION (AMENDMENT 64) 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section regarding the personal use and regulation of marijuana; WHEREAS, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the Town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance "; WHEREAS, it is the desire of the Council that Town staff study the effects of such marijuana establishments, considering the Town's existing land use regulations and master plan, and thereafter provide information to the Council as to whether such uses should be permitted at any location in the Town; WHEREAS, though the Colorado Legislature has adopted a statutory framework to implement Amendment 64, the State of Colorado has not yet adopted regulations pursuant to the recently adopted statutes; WHEREAS, previously, the Town Council had adopted a temporary ban until August 6, 2013; WHEREAS, Town staff needs additional time to gather information, to review the state statutes and forthcoming regulations, and to study the impacts of marijuana establishments and the zone districts in which they should be permitted, if at all; and WHEREAS, during such time, the Council finds and determines that it is the best interest of the public health, safety and welfare for the Town to extend the temporary ban on the location or operation of marijuana establishments in the Town until January 21, 2014. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 9, 2013 Section 1. It is unlawful for any person to operate, cause to be operated, or permit to be operated in the Town a marijuana establishment, and marijuana establishments are hereby prohibited at any location in the Town. Section 2. For purposes of this ordinance, the following terms shall have the following meanings: a. "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, but excluding industrial hemp, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. b. "Marijuana establishment" means and includes a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a retail marijuana store and a marijuana club. C. "Marijuana cultivation facility" means a facility licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. d. "Marijuana testing facility" means a facility licensed to analyze and certify the safety and potency of marijuana. e. "Marijuana product manufacturing facility" means a facility licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. f. "Retail marijuana store" means a facility licensed to purchase marijuana from marijuana cultivation facilities or marijuana and marijuana products from marijuana product manufacturing facilities, or to sell marijuana or marijuana products to consumers. g. "Marijuana club" means a place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee. Section 3. This ordinance is intended to be temporary in nature, and as such, this ordinance shall be in effect from its effective date until January 21, 2014 unless earlier repealed. Ordinance No. 9, 2013 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 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 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of July, 2013 and a public hearing for second reading of this Ordinance set for the 16th day of July, 2013, 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 day of , 2013. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 9, 2013 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 2013, on the Town of Vail's web site, www.vailgov.com, on the 17th day of July, 2013. Witness my hand and seal this day of , 2013. Tam Na I ;r Acting Town of Vail filer N t A J t'Of ORAOp,�r> ORDINANCE NO. 9 SERIES 2013 AN ORDINANCE EXTENDING THE TEMPORARY BAN ON MARIJUANA ESTABLISHMENTS IN THE TOWN, PURSUANT TO THE NEWLY ENACTED SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION (AMENDMENT 64) 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, Colorado voters recently passed Amendment 64, which amended Article XVIII of the Colorado Constitution by the addition of a new section regarding the personal use and regulation of marijuana; WHEREAS, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the Town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance "; WHEREAS, it is the desire of the Council that Town staff study the effects of such marijuana establishments, considering the Town's existing land use regulations and master plan, and thereafter provide information to the Council as to whether such uses should be permitted at any location in the Town; WHEREAS, though the Colorado Legislature has adopted a statutory framework to implement Amendment 64, the State of Colorado has not yet adopted regulations pursuant to the recently adopted statutes; WHEREAS, previously, the Town Council had adopted a temporary ban until August 6, 2013; WHEREAS, Town staff needs additional time to gather information, to review the state statutes and forthcoming regulations, and to study the impacts of marijuana establishments and the zone districts in which they should be permitted, if at all; and WHEREAS, during such time, the Council finds and determines that it is the best interest of the public health, safety and welfare for the Town to extend the temporary ban on the location or operation of marijuana establishments in the Town until January 21, 2014. Ordinance No. 9, Series of 2013 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. It is unlawful for any person to operate, cause to be operated, or permit to be operated in the Town a marijuana establishment, and marijuana establishments are hereby prohibited at any location in the Town. The Town shall not accept or process any applications for the operation of marijuana establishments in the Town. Section 2. For purposes of this ordinance, the following terms shall have the following meanings: a. "Marijuana" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, but excluding industrial hemp, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. b. "Marijuana establishment" means and includes a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a retail marijuana store and a marijuana club. C. "Marijuana cultivation facility" means a facility licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. d. "Marijuana testing facility" means a facility licensed to analyze and certify the safety and potency of marijuana. e. "Marijuana product manufacturing facility" means a facility licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. f. "Retail marijuana store" means a facility licensed to purchase marijuana from marijuana cultivation facilities or marijuana and marijuana products from marijuana product manufacturing facilities, or to sell marijuana or marijuana products to consumers. g. "Marijuana club" means a place not used for residential purposes where individuals gather to consume or grow marijuana, regardless of whether such place calls itself private or public or charges an admission or membership fee. Ordinance No. 9, Series of 2013 Section 3. This ordinance is intended to be temporary in nature, and as such, this ordinance shall be in effect from its effective date until January 21, 2014 unless earlier repealed. 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 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 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of July, 2013 and a public hearing for second reading of this Ordinance set for the 16th day of July, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of July, 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 9, Series of 2013 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 2013, on the Town of Vail's web site, www.vailgov.com, on the 17th day of July, 2013. Witness my hand and seal this g day of ammy Tgei own of VaL I Cle ORDINANCE NO. 10 SERIES OF 2013 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND HEAVY EQUIPMENT FUND OF THE 2013 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 2013 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 16, Series of 2012, adopting the 2013 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 2013 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 359,450 Capital Projects Fund 124,869 Real Estate Transfer Tax Fund 1,890,440 Heavy Equipment Fund 105,000 Total $ 2,479,759 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 Ordinance No. 10, Series of 2013 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 16th day of July, 2013, and a public hearing shall be held on this Ordinance on the 6th day of August, 2013, 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. 10, Series of 2013 PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Acting Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 10 Series of 2013, on the Town of Vail's web site, www.vailqov.com, on theNh day of August, 2013. Witness my hand and seal this day of 2013. Ta Na e Acting Town of Vail Clerk (seal) ' SEAL . ' L' , ORDINANCE NO. 10 SERIES OF 2013 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND HEAVY EQUIPMENT FUND OF THE 2013 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 2013 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 16, Series of 2012, adopting the 2013 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 2013 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 365,450 Capital Projects Fund 124,869 Real Estate Transfer Tax Fund 6,208,440 Heavy Equipment Fund 105,000 Total $ 6,803,759 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 Ordinance No. 10, Series of 2013 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 16th day of July, 2013, and a public hearing shall be held on this Ordinance on the 6th day of August, 2013, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of August 2013. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 10. Series of 2013 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 2013, on the Town of Vail's web site, www.vailgov.com, on the th day of August, 2013. my hand and seal this day of '2013. QS T mmy Na% � ..vgl ting Town o ail Cl ,t s (seal} S T •. �LOR� ORDINANCE NO. 11 SERIES OF 2013 AN EMERGENCY ORDINANCE TO APPROVE THE GENERAL PLANNING DOCUMENT FOR THE 2013 USA PRO CYCLING CHALLENGE, TO ALLOW FOR TEMPORARY SUSPENSION OF CERTAIN FIRE LANES, NO PARKING AREAS, PEDESTRIAN ZONES, OUTDOOR DISPLAY AND SIGN REGULATIONS TO FACILITATE THE 2013 USA PRO CYCLING CHALLENGE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the USA Pro Cycling Challenge will take place August 19 -25, 2013 throughout Colorado; and WHEREAS, the USA Pro Cycling Challenge will hold a time trial in Vail on August 23, 2013, with the racecourse running from Village Center Chute through Vail Village, along the Frontage Road to Bighorn Road to the cul -de -sac on the Vail Pass recreation path; and WHEREAS, the Town of Vail supports temporary suspension of the Town's regulations to facilitate the USA Pro Cycling Challenge, as it provides a major benefit to the community; and WHEREAS, Section 4.11 of the Charter provides that an ordinance may be passed as an emergency measure for the preservation of the public property, health, welfare, peace or safety, upon unanimous vote of all members of the Council present or a vote of five members of the Council, whichever is less, and WHEREAS, the Vail Town Council finds that this ordinance is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Vail Town Council finds that this ordinance further the general and specific purposes of Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code; WHEREAS, the Vail Town Council finds that this ordinance promotes the health, safety, morals, and general welfare of the Town and promotse the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, the Town Council finds that the passage of this ordinance preserves the public property, health, welfare, peace and safety of the Town of Vail, and WHEREAS, in order to properly administer the Town of Vail, the Town Council finds that it should suspensions and procedures as set forth herein. Ordinance No. 11, Series of 2013 2013 USA Pro Cycling Challenge in the take this action and adopt the proposed NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Vail Town Council endorses the 2013 USA Pro Cycling Challenge planning document (see Exhibit A). Section 2. It is understood that in order to facilitate the 2013 USA Pro Cycling Challenge in Vail, certain temporary improvements and structures may be constructed, as sanctioned by the Vail Valley Foundation, on August 19 and August 23, 2013 only, and these improvements may include, but may not be limited to, the following: A. Flags and banners B. Temporary structures C. Entertainment and hospitality D. Race start E. Race exposition F. Media centers, including television and radio transmission equipment G. Temporary signage associated with the race and race sponsors only These improvements shall be reviewed administratively by the Department of Community Development in conjunction with the Special Events Permit. Section 3. The Fire Marshal of the Town of Vail may temporarily suspend fire lanes as part of the USA Pro Cycling Challenge from August 19, 2013 through August 23, 2013, as further detailed in Exhibit B. Section 4. The Vail Village pedestrian zones on Meadow Drive from Village Center Road to Willow Bridge Road, Willow Bridge Road from Meadow Drive to Gore Creek Drive, and Gore Creek Drive from Willow Bridge Road to Vail Valley Road shall be temporarily suspended from August 19, 2011 through August 23, 2013, as further detailed in Exhibit C. Section 5. Parking will be permitted on the North and South Frontage Roads, west of Elkhorn Drive only, on August 23, 2013, as further detailed in Exhibit D. Section 6. Outdoor display of goods shall not be permitted within the Town of Vail right -of -way and other Town of Vail property. Section 7. No additional signage is permitted for any business within the Town of Vail, except signage permitted and approved by Title 11, Sign Regulations, Vail Town Code. Section 8. Loading and delivery in Vail Village is not permitted on Village Center Road, Meadow Drive from Vail Valley Drive to Willow Bridge Road, Willow Bridge Road from Meadow Drive to Gore Creek Drive, and Gore Creek Drive from Willow Bridge Road to Vail Valley Drive on August 19, 2013 through August 23, 2013, as further detailed in Exhibit E. Section 9. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 11, Series of 2013 Section 10. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 11. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 12. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6`h day of August, 2013. ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 11, Series of 2013 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. 12 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the th day of August, 2013. Witness my hand and seal this ML- day of , , 2013. Ta my .t Act f Vail Cl' : 'S • r E 4L . �� (0)RAO0 ORDINANCE NO. 12 Series of 2013 AN ORDINANCE APPROVING THE GENERAL PLANNING DOCUMENT FOR THE 2015 WORLD ALPINE SKI CHAMPIONSHIPS, AND SETTING FORTH A SPECIAL REVIEW PROCESS TO ALLOW FOR STAFF APPROVALS FOR TEMPORARY SIGNS, STRUCTURES, STREET DECOR, AND OTHER TEMPORARY IMPROVEMENTS FOR THE WORLD ALPINE SKI CHAMPIONSHIPS OF 2015. WHEREAS, the Town of Vail shall be hosting the 2015 World Alpine Ski Championships from February 2nd through February 15th, 2015; and WHEREAS, said event is the major international ski competition in non - Olympic years; and WHEREAS, said event is a major undertaking requiring temporary structures, signs, street decor, and other temporary improvements in order to be properly staged; and WHEREAS, said event is determined to be of major importance to the Town for economic, cultural, and social reasons; and WHEREAS, in order to facilitate the preparation necessary for such an event, the Town Council has determined that in the areas of temporary signs, structures, and street decor, it is necessary to exempt the Vail Valley Foundation, which is the sponsoring organization of the World Championships, from complying with all the Town's zoning, Design Review Board, and sign code requirements, and in their stead, bset forth a special process to handle such, temporary signs, structures, street decor, and other temporary improvements for the event. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1 The Vail Town Council hereby endorses the general planning document for the 2015 World Alpine Ski Championships. Section 2 It is understood that in order to facilitate the 2015 World Alpine Ski Championships, certain temporary improvements shall be utilized by the event organizers, and that these improvements shall include, but may not be limited to, the following: A. Flags and banners B. Temporary structures C. Outdoor lighting D. Snow and ice sculptures E. Entertainment and hospitality venues F. Parades G. Opening and awards ceremonies Ordinance No. 12, Series of 2013 H. Race finish stadium I. Opening ceremonies stadium J. Food, trade, and festival centers K. Media centers L. Temporary signs and transportation In order to facilitate the construction of the temporary improvements set forth above which are necessary for the conduct of the 2015 World Alpine Ski Championships, the following process shall be substituted for the customary review process for zoning, design review, and sign review as set froth in the Municipal Code of the Town of Vail. A. All temporary signs, structures, and street decor, and other temporary improvements necessary and desirable for the conduct of the 2015 World Alpine Ski Championships shall be submitted to the Town of Vail for review in a reasonable time prior to their construction or placement within the Town. B. The Town of Vail will review the requested structures, signs, or improvements in cooperation with representatives of the event organizers. The event organizers and the Town of Vail shall work closely on an ongoing basis to facilitate the approval process and to implement the general planning document. If the temporary signs, structures, or other temporary improvements meet the approval of the Town of Vail, they may be implemented by the event organizers. C. If the event organizers and the Town of Vail disagree on the approval of any temporary signs, structures, street decor, or other temporary improvements, a final decision shall be made by the Vail Town Manager. D. The event organizers or a Town of Vail representative shall report to the Town Council on a monthly basis to update them on the planning process for the 2015 World Alpine Ski Championships at a regularly scheduled Town Council Work Session. Section 3 Nothing in this ordinance shall relieve the event organizers from the obligation to conform to all adopted building and construction codes, including the Uniform Building Code, the Uniform Fire Code, and the National Electric Code. Nothing herein shall be deemed to relieve the event organizers from complying with any and all applicable ordinances, laws, and regulations relating to life, health, safety and public welfare. The event organizers shall obtain all required permits and be subject to all required building inspections for the construction of any temporary structures. 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. Ordinance No. 12, Series of 2013 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 repeal or the repeal and enactment 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. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 6th day of August, 2013. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 20th day of August, 2013, in the Municipal Building of the Town of Vail. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON THE SECOND READING AND ORDERED PUBLISHED (IN FULL) (BY TITLE ONLY) THIS 20TH DAY OF AUGUST, 2013. Andy Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 12, Series of 2013 d2ACIAC UAIL • BEAUER CREEK 16W 1V MEMO To: Town of Vail From: Ceil Folz, 2015 Organizing Committee President Re: 2015 Special Review Process Date: July 31, 2013 Per earlier conversations, the Local Organizing Committee of the 2015 FIS Alpine World Ski Championships would like to request of the Town of Vail a special review process for this event as it relates to signage, structures, street decor and other temporary improvements for the event. Temporary structures and improvements will include the awards stage located in the Solaris Plaza; a finish stadium at Golden Peak; ski wax rooms; television compound; food and beer tent of which the location has yet to be determined; lighting; sponsor activation areas; festival areas and temporary signage to include event signage; flags; banners; and signage structures, as just a few examples. Additionally, there will be significant requests for signage and street decor. Due to the nature of many of our partnerships, while there will be one master plan, we understand there will also be numerous additions that come in past the point of submission of a master plan, which will be approved by the Town of Vail once completed. Ordinance No. 12, Series of 2013 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 2013, on the Town of Vail's web site, www.vailgov.com, on the 246�day of August, 2013. I& Witness my hand and seal this'�ay of , 2013. am my gel Acting Town of Vai erk (seal) ORDINANCE NO. 12 Series of 2013 AN ORDINANCE APPROVING THE GENERAL PLANNING DOCUMENT FOR THE 2015 WORLD ALPINE SKI CHAMPIONSHIPS, AND SETTING FORTH A SPECIAL REVIEW PROCESS TO ALLOW FOR STAFF APPROVALS FOR TEMPORARY SIGNS, STRUCTURES, STREET DECOR, AND OTHER TEMPORARY IMPROVEMENTS FOR THE WORLD ALPINE SKI CHAMPIONSHIPS OF 2015. WHEREAS, the Town of Vail shall be hosting the 2015 World Alpine Ski Championships from February 2nd through February 15`h, 2015; and WHEREAS, said event is the major international ski competition in non - Olympic years; and WHEREAS, said event is a major undertaking requiring temporary structures, signs, street decor, and other temporary improvements in order to be properly staged; and WHEREAS, said event is determined to be of major importance to the Town for economic, cultural, and social reasons; and WHEREAS, in order to facilitate the preparation necessary for such an event, the Town Council has determined that in the areas of temporary signs, structures, and street decor, it is necessary to exempt the Vail Valley Foundation, which is the sponsoring organization of the World Championships, from complying with all the Town's zoning, Design Review Board, and sign code requirements, and in their stead, ioset forth a special process to handle such, temporary signs, structures, street decor, and other temporary improvements for the event. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1 The Vail Town Council hereby endorses the general planning document for the 2015 World Alpine Ski Championships. Section 2 It is understood that in order to facilitate the 2015 World Alpine Ski Championships, certain temporary improvements shall be utilized by the event organizers, and that these improvements shall include, but may not be limited to, the following: A. Flags and banners B. Temporary structures C. Outdoor lighting D. Snow and ice sculptures E. Entertainment and hospitality venues F. Parades G. Opening and awards ceremonies Ordinance No. 12, Series of 2013 H. Race finish stadium I. Opening ceremonies stadium J. Food, trade, and festival centers K. Media centers L. Temporary signs and transportation In order to facilitate the construction of the temporary improvements set forth above which are necessary for the conduct of the 2015 World Alpine Ski Championships, the following process shall be substituted for the customary review process for zoning, design review, and sign review as set froth in the Municipal Code of the Town of Vail. A. All temporary signs, structures, and street decor, and other temporary improvements necessary and desirable for the conduct of the 2015 World Alpine Ski Championships shall be submitted to the Town of Vail for review in a reasonable time prior to their construction or placement within the Town. B. The Town of Vail will review the requested structures, signs, or improvements in cooperation with representatives of the event organizers. The event organizers and the Town of Vail shall work closely on an ongoing basis to facilitate the approval process and to implement the general planning document. If the temporary signs, structures, or other temporary improvements meet the approval of the Town of Vail, they may be implemented by the event organizers. C. If the event organizers and the Town of Vail disagree on the approval of any temporary signs, structures, street decor, or other temporary improvements, a final decision shall be made by the Vail Town Manager. D. The event organizers or a Town of Vail representative shall report to the Town Council on a monthly basis to update them on the planning process for the 2015 World Alpine Ski Championships at a regularly scheduled Town Council Work Session. Section 3 Nothing in this ordinance shall relieve the event organizers from the obligation to conform to all adopted building and construction codes, including the Uniform Building Code, the Uniform Fire Code, and the National Electric Code. Nothing herein shall be deemed to relieve the event organizers from complying with any and all applicable ordinances, laws, and regulations relating to life, health, safety and public welfare. The event organizers shall obtain all required permits and be subject to all required building inspections for the construction of any temporary structures. 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. Ordinance No. 12, Series of 2013 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 repeal or the repeal and enactment 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. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 6th day of August, 2013. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 20th day of August, 2013, in the Municipal Building of the Town of Vail. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON THE SECOND READING AND ORDERED PUBLISHED (IN FULL) (BY TITLE ONLY) THIS 20TH DAY OF AUGUST, 2013. Andy Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 12, Series of 2013 92 Afill- IC UAIL • BEAUER CF; 9M 1W I%# MEMO To: Town of Vail From: Ceil Folz, 2015 Organizing Committee President Re: 2015 Special Review Process Date: July 31, 2013 Per earlier conversations, the Local Organizing Committee of the 2015 FIS Alpine World Ski Championships would like to request of the Town of Vail a special review process for this event as it relates to signage, structures, street decor and other temporary improvements for the event. Temporary structures and improvements will include the awards stage located in the Solaris Plaza; a finish stadium at Golden Peak; ski wax rooms; television compound; food and beer tent of which the location has yet to be determined; lighting; sponsor activation areas; festival areas and temporary signage to include event signage; flags; banners; and signage structures, as just a few examples. Additionally, there will be significant requests for signage and street decor. Due to the nature of many of our partnerships, while there will be one master plan, we understand there will also be numerous additions that come in past the point of submission of a master plan, which will be approved by the Town of Vail once completed. Ordinance No. 12, Series of 2013 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 2013, on the Town of Vail's web site, www.vailgov.com, on the 20th day of August, 2013. Witness my hand and seal thiacN�)CP day of A.UCIAA,�E , 2013. mm agel Acting Town of Vail Clerk ORDINANCE NO. 12 Series of 2013 AN ORDINANCE APPROVING THE GENERAL PLANNING DOCUMENT FOR THE 2015 WORLD ALPINE SKI CHAMPIONSHIPS, AND SETTING FORTH A SPECIAL REVIEW PROCESS TO ALLOW FOR STAFF APPROVALS FOR TEMPORARY SIGNS, STRUCTURES, STREET DECOR, AND OTHER TEMPORARY IMPROVEMENTS FOR THE WORLD ALPINE SKI CHAMPIONSHIPS OF 2015. WHEREAS, the Town of Vail shall be hosting the 2015 World Alpine Ski Championships from February 2nd through February 15th, 2015; and WHEREAS, said event is the major international ski competition in non - Olympic years; and WHEREAS, said event is a major undertaking requiring temporary structures, signs, street decor, and other temporary improvements in order to be properly staged; and WHEREAS, said event is determined to be of major importance to the Town for economic, cultural, and social reasons; and WHEREAS, in order to facilitate the preparation necessary for such an event, the Town Council has determined that in the areas of temporary signs, structures, and street decor, it is necessary to exempt the Vail Valley Foundation, which is the sponsoring organization of the World Championships, from complying with all the Town's zoning, Design Review Board, and sign code requirements, and in their stead, ibset forth a special process to handle such, temporary signs, structures, street decor, and other temporary improvements for the event. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1 The Vail Town Council hereby endorses the general planning document for the 2015 World Alpine Ski Championships. Section 2 It is understood that in order to facilitate the 2015 World Alpine Ski Championships, certain temporary improvements shall be utilized by the event organizers, and that these improvements shall include, but may not be limited to, the following: A. Flags and banners B. Temporary structures C. Outdoor lighting D. Snow and ice sculptures E. Entertainment and hospitality venues F. Parades G. Opening and awards ceremonies Ordinance No. 12, %riesof 2013 H. Race finish stadium I. Opening ceremonies stadium J. Food, trade, and festival centers K. Media centers L. Temporary signs and transportation In order to facilitate the construction of the temporary improvements set forth above which are necessary for the conduct of the 2015 World Alpine Ski Championships, the following process shall be substituted for the customary review process for zoning, design review, and sign review as set froth in the Municipal Code of the Town of Vail. A. All temporary signs, structures, and street decor, and other temporary improvements necessary and desirable for the conduct of the 2015 World Alpine Ski Championships shall be submitted to the Town of Vail for review in a reasonable time prior to their construction or placement within the Town. B. The Town of Vail will review the requested structures, signs, or improvements in cooperation with representatives of the event organizers. The event organizers and the Town of Vail shall work closely on an ongoing basis to facilitate the approval process and to implement the general planning document. If the temporary signs, structures, or other temporary improvements meet the approval of the Town of Vail, they may be implemented by the event organizers. C. If the event organizers and the Town of Vail disagree on the approval of any temporary signs, structures, street decor, or other temporary improvements, a final decision shall be made by the Vail Town Manager. D. The event organizers or a Town of Vail representative shall report to the Town Council on a monthly basis to update them on the planning process for the 2015 World Alpine Ski Championships at a regularly scheduled Town Council Work Session. Section 3 Nothing in this ordinance shall relieve the event organizers from the obligation to conform to all adopted building and construction codes, including the Uniform Building Code, the Uniform Fire Code, and the National Electric Code. Nothing herein shall be deemed to relieve the event organizers from complying with any and all applicable ordinances, laws, and regulations relating to life, health, safety and public welfare. The event organizers shall obtain all required permits and be subject to all required building inspections for the construction of any temporary structures. 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. Ordinance No. 12, %riesof 2013 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 repeal or the repeal and enactment 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. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 6th day of August, 2013. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 20th day of August, 2013, in the Municipal Building of the Town of Vail. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON THE SECOND READING AND ORDERED PUBLISHED (IN FULL) (BY TITLE ONLY) THIS 20TH DAY OF AUGUST, 2013. Andy Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 12, SBriesof 2013 U IL • 6 AU R CRE li 1) MEMO To: Town of Vail From: Ceil Folz, 2015 Organizing Committee President Re: 2015 Special Review Process Date: July 31, 2013 Per earlier conversations, the Local Organizing Committee of the 2015 FIS Alpine World Ski Championships would like to request of the Town of Vail a special review process for this event as it relates to signage, structures, street decor and other temporary improvements for the event. Temporary structures and improvements will include the awards stage located in the Solaris Plaza; a finish stadium at Golden Peak; ski wax rooms; television compound; food and beer tent of which the location has yet to be determined; lighting; sponsor activation areas; festival areas and temporary signage to include event signage; flags; banners; and signage structures, as just a few examples. Additionally, there will be significant requests for signage and street decor. Due to the nature of many of our partnerships, while there will be one master plan, we understand there will also be numerous additions that come in past the point of submission of a master plan, which will be approved by the Town of Vail once completed. Ordinanoe No. 12, %riesof 2013 92 AQ1&1- I C GENERAL PLANNING DOCUMENT vain• BEAVER CREEK 2015 FIS Alpine World Ski Championships Vail Colorado USA Au61 �er� GENERAL OPERATING OBJECTIVES Tin In En9.n ng In hosting the Alpine World Ski Championships, there are both contractual obligations and Organizing Committee objectives that help drive the operating plan within our communities. Both of these elements will require some adjustment to how we operate with the Town of Vail and Beaver Creek Resort Company on a day to day basis and will necessitate some special exemptions within the communities of Vail and Beaver Creek. To that end, some of our contractual commitments require that as a community we: 1. Protect against ambush corporate marketing and will ensure no temporary corporate signage is allowed within the communities from January 30- February 15 of 2015, outside of that required by the OC to fulfill official sponsorship agreements. 2. That no other special events are allowed be held in the communities during the timeframe of the FIS Championships. 3. That space and signage will be allowed for our corporate World Championships partners within the community footprint 4. Cooperation with our television partners to ensure placement of needed cameras and support services in order to provide an instant world feed to all broadcasters. In addition, the Organizing Committee of the 2015 Alpine World Championships has identified the following seven objectives as the primary goals for an outstanding World Championships: 1. Activate programs in every ski club in the country to promote the Championships 2. Reach out to a new generations of skiers in urban areas 3. Utilize the success of our national team to further the draw of the Championships 4. Identify key projects to be completed by 2015 as a legacy of the event 5. Experience an increase in international guest activity during and following the 2015 Championships 6. Demonstrate environmental sensitivity in all aspects of execution of the event 7. Demand innovation in all that we do. The key to achieving the above is to work together with our various partners within and outside of the Vail Valley. We began that effort by creating a 45- member Organizing Committee, with representation from each community, the ski industry itself, our television and corporate sponsor partners, Vail Resorts and local governments. This group provides the direction of the 2015 Championships ensures that we work together toward the overall success of the event. VENUES The general concept for venues in Vail is to build temporary structures and stadiums to accommodate the Championships' needs. The construction timeline for temporary venues and facilities will likely begin approximately January 5, 2015, with removal taking place following the Championships, completed no later than March 1, 2015. Golden Peak: Planned to be a temporary stadium with a seating capacity of up to 3,500 and additional standing space along the course. This stadium will host the Nations Team Race, the qualifying races for the men's Giant Slalom and Slalom, as well as the Legends Race, the Charity Race and the Opening Ceremonies. In addition, there may be 1 -3 select big name concerts also hosted there. The stadium will include bleachers, 1 -2 large screens, stadium fencing, restroom facilities, sound system, scoreboards and stadium lighting, both for the venue and the course. There will be a full television compound setup, including satellite trucks, cameras and editing facilities. At this time, there is no plan for a VIP tent, though that may change. There will be one fulltime VVF venue manager who will oversee the construction, day to day operation and removal of the venue. Championships Plaza: This area will include the current Solaris Plaza, as well as the deck space that surrounds the plaza. This venue will serve as the medals plaza, with official Awards Ceremonies taking place in the plaza nine evenings during the course of the Championships, with each award ceremony held at 6:30 p.m. There will be entertainment prior to and following each ceremony, with a likely window of activation from 5:30 -8:00 p.m. This activation will include concerts, light shows, children's choir performances, race highlight video playback, etc. The plan is to host the awards presentation on the deck in front of Matsuhisa. There would need to be some modifications to that space that will be proposed. In addition, we are working with the owners of Matsuhisa to rent their restaurant for use as a 2015 hospitality space during the Championships. A separate stage would be created beneath the awards stage to present any entertainment that would occur. There will be at least one big screen, as well as numerous small ones, along the perimeter of the plaza. Other elements that would be included within the plaza are a sound system, control fencing, sponsor activation, etc. Activation is also planned during the day to allow the races to be broadcast live in the plaza. Expected attendance at each awards presentation is 5,000, all standing within the parameters of the plaza and extending out onto Meadow Drive toward the International Bridge. There will be a full time venue manager from the VVF for the Championships Plaza prior to, during and following the Championships. Wax Rooms: At a location in Vail to be defined and determined, we will need to create ski waxing space for the small nations who will be racing in the Qualification Races in Vail. Wax Rooms consist of enclosed, heated spaces for the ski technicians to prepare the skis for each race and training run. We will most likely be looking to set up modular cabins in one area that can be secured, have adjacent parking and have power provided to them. Each wax cabin would be approximately 8x12 feet and we would need approximately 30- 35. DECOR It is important to the Organizing Committee that both Vail and Beaver Creek carry an abundance of "decor" throughout the communities, firmly establishing the look and feel of the World Championships at key and critical points. The decor of the event includes the graphic elements, the official logo and, at times, the specific art being created for the Championships. Decor includes flags, round -about and other festival banners, street /stairway /information center /parking structure enhancements, etc. A complete "Look Book" will be provided one year out from the Championships, with clear signage looks and locations as well as entranceways, banner details etc. This took will also be carried through to other facilities such as bleacher backs, decorative control fencing, scaffolding wrap, big screen wraps and entrances to the Golden Peak Stadium. Additional look elements will be displayed on buses and official vehicles. SIGNAGE The signage plan will include exterior signs for operational spaces and venues, sponsor activation and directional signage. In addition, Countdown Clocks will be installed in Vail and Beaver Creek, with activation slated for February 2 of 2014. Decor: Decor will be facilitated utilizing the current street banner options within Vail, as well as banners, both interior and exterior, and flags. This includes expanding the number of permanent flag poles along the South Frontage Road to accommodate the increased number of nations that will be participating. OPERATIONS There are specific operational functions that will take place in Vail within, utilizing existing facilities. These include a satellite Press Center, satellite Race Office and a satellite Accreditation Center. All of these are anticipated to be located within Manor Vail and will operate throughout the duration of the Championships. There may be additional needs outside of Manor Vail. In addition, there will be hospitality functions, including VIP hospitality for race days, including the operation of a Vail House and an Audi House, both of which are tied directly to the OC, along with multiple hospitality houses from various countries, including an Austria House, Swiss House, German House, Casa Mexico and Casa Italia. These houses would be organized by the national federations and while working closely with the OC, would be run on their own, utilizing in nearly every case, existing ballroom or restaurant space. However, they will all likely require some assistance in navigating existing policies and rules, particularly for temporary exterior signage. A third aspect of Operations will be the hosting of functions that support the Championships. These may be cultural offerings, Festival events or sponsor activated events. At this time none of these are confirmed, though there will likely be a social tent for the general public, outdoor film screenings, street entertainers and marching bands, etc. A firm plan for these operational events will be finalized within the one year out mark. 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 2013, on the Town of Vail's web site, www.vail-gov.com, on the 16th day of, October, 2013. Witness my hand and seal this ld�S day of n0jc-'QP- � , 2013. T mmy el Acti n of Vai rk (seal) 51�•C�F• 1!A�� O • .a �'••....• moo. ORDINANCE NO. 13 Series of 2013 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 16, 2004 WHICH ADOPTED THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO SECTION 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW AN INCREASE IN ALLOWBALE GROSS RESIDENTIAL FLOOR AREA, 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, 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 the laws of the State of Colorado and the Vail Town Charter; and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and 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, Ordinance No. 7, Series of 2012, amended the approved development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn, to increase the allowable number of dwelling units from one (1) to two (2); 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 September 23, 2013 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 5 -1- 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 Ordinance No. 13, Series of 2013 first reading 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 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. WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend the development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn. 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 repeal and reenact Ordinance No 16, Series of 2004 to amend the approved development plan for Phase IV of Special Development District No. 6 to increase the allowable gross residential floor area (GRFA). The increase in allowable GRFA will result in and addition to the penthouse dwelling unit. Ordinance No. 16, Series of 2004, is hereby amended as follows (all additions are illustrated with bold italics, deletions are illustrated with 6tFikethFeUgI4, and text not affected has been omitted): Ordinance No. 13, Series of 2013 first reading 2 Section 2. AMENDMENT PROCEDURES FULFILLED, PLANNING COMMISSION REPORT The approval procedures described in Article 12 -9A of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the recommendation of the Planning and Environmental Commission for a major amendment to the Approved Development Plan for Special Development District No. 6, Vail Village Inn Phase IV, The Sebastian (Vail Plaza Hotel) 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 recreational 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 and Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of standard Public Accommodation zone district requirements. Section 4. DEVELOPMENT STANDARDS — SDD No. 6, Vail Village Inn, Phase IV, The Sebastian Development Plan — The approved development plan for SDD No. 6, Vail Village Inn, Phase IV, The Sebastian 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 amended by the Town of Vail Design Review Board) A. Site Illustrative Plan B. Site Vignettess 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 & % J. Level Two K. Level Three L. Level Four M. Level Five N. Level Six O. Roof Plan Ordinance No. 13, Series of 2013 first reading 3 P. Roof Plan (Mechanical Equipment) Q. Street Sections (Vail Road Elevation /North Frontage Road Elevation) R. Plaza Section (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 Improvement Plan EE. Off -site Improvements Plan Amended plans prepared by Poss Architecture and Planning, dated September 17, 2013 and stamped approved by the Town of Vail September 23, 2013 (as may be further amended by the Town of Vail Design Review Board) A. Main Level Floor Plan B. Upper Level Floor Plan C. Existing Roof Plan D. Proposed Roof Plan E. Floor Plans Lower Level — Area Calculations F. Floor Plans Upper Level — Area Calcuaations G. Existing North Elevation H. Proposed North Elevation 1. North Elevation — Massing Study J. Existing East Elevation K. Proposed East Elevation L. East Elevation — Massing Study M. Existing South Elevation N. Proposed South Elevation O. South Elevation — Massing Study P. Existing West Elevation Q. Proposed West Elevation R. West Elevation — Massing Study S. East Elevaton — Massing Study (Building Stepping) T. Street Section — North Elevation U. Plaza Section — South Elevation V. 3D Photo Simulation — North Elevation W. 3D Photo Simulation — South Elevation Ordinance No. 13, Series of 2013 first reading 4 Permitted Uses — The Permitted uses in Phase IV of SDD No. 6 shall be as set forth in Section 12 -7A -2, Public Accommodation District, Vail Town Code. Conditional Uses - Conditional uses for Phase IV of SDD No. 6 shall be as set forth in Section 12 -7A -3, Public Accommodation District, Vail Town Code. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12 -16, Conditional Uses, Vail Town Code. 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) Density — Floor Area The gross residential floor area (GRFA), common area and commercial square footage permitted for Phase IV shall be as set forward in the Approved Development Plans referenced in Section 4 of this ordinance. Setbacks — Required setbacks for Phase IV shall be as set forth in the Approved Development Plan referenced in Section 4 of this memorandum. The front setback along Vail Road shall be a minimum of 16 feet. Height — The maximum building height for Phase IV shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. For the purpose 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 a sloping roof unless otherwise specified in the Approved Development Plans. Site Coverage — Ordinance No. 13, Series of 2013 first reading 5 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. Landscaping — The minimum landscaping area requirement for Phase IV shall be as set forth in the approved Development Plans referenced in section 4 of this ordinance. 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, The Sebastian That the Developer coordinates efforts with the owners of the Gateway Building, Phase II, 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. 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 offsite 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. A Construction Staging and Phasing Plan Ordinance No. 13, Series of 2013 first reading 6 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 provisions 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 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. Ordinance No. 13, Series of 2013 first reading 7 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 form 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. Conditions applied by the Planning and Environmental Commission in conjunction with the September 23, 2013 recommendation of approval with conditions: 1. This SDD major amendment approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. 2. The applicant shall mitigate the employee generation impact created by the addition of 839 square feet of GRFA in accordance with the provisions of Chapter 12 -24, Inclusionary Zoning, Vail Town Code. 3. The applicant shall receive and submit in conjunction with the building permit, all applicable Colorado Department of Transportation approvals for all impacts to the South Frontage Road East, including construction staging. Ordinance No. 13, Series of 2013 first reading 8 4. The applicant shall amend the recorded condominium map to reflect the increase in floor area and space designation, prior to requesting a planning certificate of occupancy inspection. 5. At the discretion of the Design Review Board, the roof form above the penthouse upper floor deck can be increased to be greater than an 18 inch eave overhang. Section 6 Approval Expiration; Time Limitations The developer must begin construction of special development district amendment within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. Section 7. 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 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. 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. Ordinance No. 13, Series of 2013 first reading 9 Section 10. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of October, 2013 and a public hearing for second reading of this Ordinance set for the 5th day of November, 2013, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 13, Series of 2013 first reading 10 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 2013, on the Town of Vail's web site, www.vailgov.com, on the ith day of, November, 2013. Y Y Witness m hand and seal this day of (S])p��.k�/� , 2013. T mm gel Acting Town of Vai Jerk • O• • • Q, O : o Z. ' • :Q z,. Ly • c,� O' Cij �' ORDINANCE NO. 13 Series of 2013 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 16, 2004 WHICH ADOPTED THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO SECTION 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW AN INCREASE IN ALLOWBALE GROSS RESIDENTIAL FLOOR AREA, 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, 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 the laws of the State of Colorado and the Vail Town Charter; and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and 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, Ordinance No. 7, Series of 2012, amended the approved development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn, to increase the allowable number of dwelling units from one (1) to two (2); 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 September 23, 2013 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 5 -1- 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 Ordinance No. 13, Series of 2013 second reading 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 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. WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend the development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance The purpose of this ordinance is to repeal and reenact Ordinance No 16, Series of 2004 to amend the approved development plan for Phase IV of Special Development District No. 6 to increase the allowable gross residential floor area (GRFA). The increase in allowable GRFA will result in and addition to the penthouse dwelling unit. Ordinance No. 16, Series of 2004, is hereby amended as follows (all additions are illustrated with bold italics, deletions are illustrated with strikethrough, and text not affected has been omitted): Ordinance No. 13, Series of 2013 second reading 2 Section 2. Amendment Procedures Fulfilled, Planning Commission Report The approval procedures described in Article 12 -9A of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the recommendation of the Planning and Environmental Commission for a major amendment to the Approved Development Plan for Special Development District No. 6, Vail Village Inn Phase IV, The Sebastian (Vail Plaza Hotel) 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 recreational 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 and Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of standard Public Accommodation zone district requirements. Section 4. Development Standards — Special Development District No. 6, Vail Village Inn, Phase IV, The Sebastian Development Plan — The approved development plan for SDD No. 6, Vail Village Inn, Phase IV, The Sebastian 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 amended by the Town of Vail Design Review Board) A. Site Illustrative Plan B. Site Vignettess 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 U/2 J. Level Two K. Level Three L. Level Four M. Level Five N. Level Six O. Roof Plan P. Roof Plan (Mechanical Equipment) Ordinance No. 13, Series of 2013 second reading 3 Q. Street Sections (Vail Road Elevation /North Frontage Road Elevation) R. Plaza Section (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 Improvement Plan EE. Off -site Improvements Plan Amended plans prepared by Poss Architecture and Planning, dated September 17, 2013 and stamped approved by the Town of Vail September 23, 2013 (as may be further amended by the Town of Vail Design Review Board) A. Main Level Floor Plan B. Upper Level Floor Plan C. Existing Roof Plan D. Proposed Roof Plan E. Floor Plans Lower Level — Area Calculations F. Floor Plans Upper Level — Area Calcualtions G. Existing North Elevation H. Proposed North Elevation L North Elevation — Massing Study J. Existing East Elevation K. Proposed East Elevation L. East Elevation — Massing Study M. Existing South Elevation N. Proposed South Elevation O. South Elevation — Massing Study P. Existing West Elevation Q. Proposed West Elevation R. West Elevation — Massing Study S. East Elevator; — Massing Study (Building Stepping) T. Street Section — North Elevation U. Plaza Section — South Elevation V. 3D Photo Simulation — North Elevation W. 3D Photo Simulation — South Elevation Ordinance No. 13, Series of 2013 second reading 4 Permitted Uses — The Permitted uses in Phase IV of SDD No. 6 shall be as set forth in Section 12 -7A -2, Public Accommodation District, Vail Town Code. Conditional Uses - Conditional uses for Phase IV of SDD No. 6 shall be as set forth in Section 12 -7A -3, Public Accommodation District, Vail Town Code. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12 -16, Conditional Uses, Vail Town Code. 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) Density — Floor Area The gross residential floor area (GRFA), common area and commercial square footage permitted for Phase IV shall be as set forward in the Approved Development Plans referenced in Section 4 of this ordinance. Setbacks — Required setbacks for Phase IV shall be as set forth in the Approved Development Plan referenced in Section 4 of this memorandum. The front setback along Vail Road shall be a minimum of 16 feet. Height — The maximum building height for Phase IV shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. For the purpose 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 a sloping roof unless otherwise specified in the Approved Development Plans. Site Coverage — The maximum allowable site coverage for Phase IV shall be as set forth in the Ordinance No. 13, Series of 2013 second reading 5 Approved Development Plans referenced in Section 4 of this ordinance. Landscaping — The minimum landscaping area requirement for Phase IV shall be as set forth in the approved Development Plans referenced in section 4 of this ordinance. 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, The Sebastian That the Developer coordinates efforts with the owners of the Gateway Building, Phase II, 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. 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 offsite 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. A Construction Staging and Phasing Plan c. A Stormwater Management Plan; Ordinance No. 13, Series of 2013 second reading 6 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 provisions 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 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. Ordinance No. 13, Series of 2013 second reading 7 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 form 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. Conditions applied by the Planning and Environmental Commission in conjunction with the September 23, 2013 recommendation of approval with conditions: 1. This SDD major amendment approval is contingent upon the applicant obtaining Town of Vail approval of the associated design review application. 2. The applicant shall mitigate the employee generation impact created by the addition of 839 square feet of GRFA in accordance with the provisions of Chapter 12 -24, Inclusionary Zoning, Vail Town Code. 3. The applicant shall receive and submit in conjunction with the building permit, all applicable Colorado Department of Transportation approvals for all impacts to the South Frontage Road East, including construction staging. Ordinance No. 13, Series of 2013 second reading 8 4. The applicant shall amend the recorded condominium map to reflect the increase in floor area and space designation, prior to requesting a planning certificate of occupancy inspection. 5. At the discretion of the Design Review Board, the roof form above the penthouse upper floor deck can be increased to be greater than an 18 inch eave overhang. Section 6. Approval Expiration; Time Limitations The developer must begin construction of special development district amendment within three (3) years from the time of its final approval, and continue diligently toward the completion of the project. Section 7. Applicability The changes contained in this ordinance shall only apply to the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn. Those changes were contained within the documents associated with the Planning and Environmental Commission Major SDD Amendment, PEC13 -0021. No other provisions or requirements of the governing ordinance for any other phase of Special Development District No. 6, Vail Village Inn, are amended, altered, or eliminated by this ordinance. Section 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the 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 9. 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 Ordinance No. 13, Series of 2013 second reading 9 amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 10. 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 11. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of October, 2013 and a public hearing for second reading of this Ordinance set for the 5th day of November, 2013, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in full this 5th day of November, 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 13, Series of 2013 second reading 10 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 2013, on the Town of Vail's web site, www.vail.qov.com, on the 18th day of September, 2013. t Witness my hand and seal this day of , 2013. Tammy el own of Vail Clerk '- aal) ORDINANCE NO. 14 SERIES 2013 AN ORDINANCE AMENDING THE VAIL TOWN CODE TO INCREASE THE MAXIMUM FINE FOR CODE VIOLATIONS IN ACCORDANCE WITH STATE LAW 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Colorado General Assembly recently passed House Bill 13- 1060, which increased the maximum fine available under state law for violations of municipal ordinances; and WHEREAS, the Town Council desires to amend the Vail Town Code to allow for an increase of the maximum fine amount available thereunder to correspond with the maximum fine amount available under state law. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-4 -1 of the Vail Town Code, the general penalty for all code violations, is hereby amended as follows: A. Violation and Punishment. 1. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Unless otherwise specifically provided, any person eighteen (18) years of age or older violating any section of this code shall be punished by a fine of not more than two thousand six hundred fifty dollars ($2,650.00) minee� , or by incarceration not to exceed one hundred eighty (180) days or by both such fine and incarceration. 2. Any person under eighteen (18) years of age convicted of violating any provision of this code may be punished by a fine of not more than two thousand six hundred fifty dollars ($2,650.00) +wed . Any person under the age of eighteen (18) years convicted of violating any provision of the model traffic code adopted by section 7 -1 -1 of this code may be punished by a fine of not more than three hundred dollars ($300.00) or by incarceration not to exceed ninety (90) days, or by both such fine and incarceration. Any such person shall be guilty of a separate offense for each and every day during Ordinance No. 14, Series of 2013 any portion of which a violation of any provision of this code is committed, continued, or permitted by such person and shall be punished accordingly. Section 2. Section 4- 12 -20.A of the Vail Town Code, imposing penalties for violations of the sexually oriented business regulations, is hereby amended as follows: A. It shall be unlawful for any person, corporation or other entity to violate any provision of this chapter, and any such violation shall be subject to the penalties set forth in Section 1 -4 -1 of this Code a- fine nt fn evnee nine h rlre n ety Ri ($999.00) and R c�c�c�cvcc - Trrn�rrF�ri arc --�� iii c r , of eighteen (18) yeaF6 of age shall be subjeGt tG iFnPFi6GRFneRt. Each and every day of violation of the provisions of this chapter shall constitute a separate offense punishable as such. Section 3. Section 6 -3H -11 of the Vail Town Code, imposing penalties for assault weapons violations, is hereby amended as follows: 6- 3H -11: PENALTY: Any person who is convicted of violating any provision of this Article shall be punished as provided in Section 1 -4 -1 of this Code by a fiRe of less than nne hr rnrlrerl dellaFs Rine hr RdFed teR (10) days n9F FnGFe th-an e-Re hundFed eighty (180) days. Section 4. Section 6-4 -23.13 of the Vail Town Code, imposing penalties for animal control violations, is hereby amended as follows: B. The above - stated fines are minimum penalties and all violations are subject to the general penalties set forth in Section 1 -4 -1 of this Code ene W-Rd-Fed eighty (ISO) days OR ja4. Section 5. Section 6- 4A -10.B of the Vail Town Code, imposing penalties for carriage violations, is hereby amended as follows: B. Imposition Of Penalty; Revocation Of Permit: The above stated fines are minimum penalties and all violations are subject to the general penalties set forth in Section 1 -4 -1 of this Code fine PFGVi6iGRr, of up to jail. (180) days in There shall be a mandatory revocation of a carriage operation's permit upon a third violation of this article within an eighteen (18) month period of time. 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 Ordinance No. 14, Series of 2013 of the remaining portions of this ordinance; and the 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 Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 8. The amendment of any provision of the 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 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of September, 2013 and a public hearing for second reading of this Ordinance set for the 1St day of October, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 14, Series of 2013 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 2013, on the Town of Vail's web site, www.vailgov.com, on the 16th day of October, 2013. Witness my hand and seal this ) Pday of �C' C�1�e.,� , 2013. 4WmmNagel Acting Town of Vail Clerk � • is 0110 • ORDINANCE NO. 14 SERIES 2013 AN ORDINANCE AMENDING THE VAIL TOWN CODE TO INCREASE THE MAXIMUM FINE FOR CODE VIOLATIONS IN ACCORDANCE WITH STATE LAW 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, the Colorado General Assembly recently passed House Bill 13- 1060, which increased the maximum fine available under state law for violations of municipal ordinances; and WHEREAS, the Town Council desires to amend the Vail Town Code to allow for an increase of the maximum fine amount available thereunder to correspond with the maximum fine amount available under state law. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1 -4 -1 of the Vail Town Code, the general penalty for all code violations, is hereby amended as follows: A. Violation and Punishment. 1. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Unless otherwise specifically provided, any person eighteen (18) years of age or older violating any section of this code shall be punished by a fine of not more than two thousand six hundred fifty dollars ($2,650.00) ;are -"ter , or by incarceration not to exceed one hundred eighty (180) days or by both such fine and incarceration. 2. Any person under eighteen (18) years of age convicted of violating any provision of this code may be punished by a fine of not more than two thousand six hundred fifty dollars ($2,650.00) -r, nine ",� dF . Any person under the age of eighteen (18) years convicted of violating any provision of the model traffic code adopted by section 7 -1 -1 of this code may be punished by a fine of not more than three hundred dollars ($300.00) or by incarceration not to exceed ninety (90) days, or by both such fine and incarceration. Any such person shall be guilty of a separate offense for each and every day during Ordinance No. 14, Series of 2013 any portion of which a violation of any provision of this code is committed, continued, or permitted by such person and shall be punished accordingly. Section 2. Section 4- 12 -20.A of the Vail Town Code, imposing penalties for violations of the sexually oriented business regulations, is hereby amended as follows: A. It shall be unlawful for any person, corporation or other entity to violate any provision of this chapter, and any such violation shall be subject to the penalties set forth in Section 1 -4 -1 of this Code a- fine net to exceed nine RiRety RiRe dellaFS ($999.00) aflQ . Each and every day of violation of the provisions of this chapter shall constitute a separate offense punishable as such. Section 3. Section 6 -31-1-11 of the Vail Town Code, imposing penalties for assault weapons violations, is hereby amended as follows: 6- 31H -11: PENALTY: Any person who is convicted of violating any provision of this Article shall be punished as provided in Section 1 -4 -1 of this Code by a fiRe Of st less than GRe hURdFed dellaFs ($100.00) n9F FneFe than niRe hundFed tei; (10) days neF FneFe thaF; eRe hundFed eighty (180) days. Section 4. Section 6 -4 -23.6 of the Vail Town Code, imposing penalties for animal control violations, is hereby amended as follows: B. The above - stated fines are minimum penalties and all violations are subject to the general penalties set forth in Section 1 -4 -1 of this Code Section 5. Section 64A -10.6 of the Vail Town Code, imposing penalties for carriage violations, is hereby amended as follows: B. Imposition Of Penalty; Revocation Of Permit: The above stated fines are minimum penalties and all violations are subject to the general penalties set forth in Section 1 -4 -1 of this Code jail. (180) days in There shall be a mandatory revocation of a carriage operation's permit upon a third violation of this article within an eighteen (18) month period of time. 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 Ordinance No. 14, Series of 2013 of the remaining portions of this ordinance; and the 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 Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 8. The amendment of any provision of the 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 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of September, 2013 and a public hearing for second reading of this Ordinance set for the 1 st day of October, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of October, 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 14, Series of 2013 I PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 15 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of October, 2013. Witness my hand and seal this day of(�-�� , 2013. T mm el Acting Town of Vail �O�IN•OF `9 (seal) SEAL I a ORDINANCE NO. 15 SERIES OF 2013 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, 2014 THROUGH DECEMBER 31, 2014 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 2014 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, 2014, and ending on the 31s` day of December, 2014: FUND AMOUNT General Fund $33,010,772 Capital Projects Fund 10,112,100 Real Estate Transfer Tax Fund 7,878,774 Vail Marketing Fund 317,100 Heavy Equipment Fund 3,416,340 Dispatch Services Fund 2,482,666 Health Insurance Fund 4,127,473 Total 61,345,225 Less Interfund Transfers 7,075,223 Net Expenditure Budget 54,270,002 Ordinance No. 15, Series of 2013 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2014 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 1st day of October, 2013. A public hearing shall be held hereon on the 15th day of October, 2013, 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. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 15, Series of 2013 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 2013, on the Town of Vail's web site, www.vailgov.com, on the 16th day of, October, 2013. Witness my hand and seal this 1 COX% day of OCkC)IOL+--- , 2013. Tam Na I Acting Town of Vail C er (seal) rot-••VAIL • • * R �,,,� coy -� � ORDINANCE NO. 15 SERIES OF 2013 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, 2014 THROUGH DECEMBER 31, 2014 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 2014 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, 2014, and ending on the 31st day of December, 2014: FUND AMOUNT General Fund $33,115,772 Capital Projects Fund 10,117,100 Real Estate Transfer Tax Fund 7,858,930 Vail Marketing Fund 317,100 Heavy Equipment Fund 3,416,340 Dispatch Services Fund 2,518,792 Health Insurance Fund 4,127,473 Total 61,471,507 Less Interfund Transfers 7,075,223 Net Expenditure Budget 54,396,284 Ordinance No. 15, Series of 2013 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2014 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 1st day of October, 2013. A public hearing shall be held hereon on the 15th day of October, 2013, 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. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 15, Series of 2013 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th day of October 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 15, Series of 2013 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 It of 2013, on the Town of Vail's web site, www.vailgov.com, on the h day of, November, 2013. t` Witness my hand and seal this day of)e- !�^�Q -+� 2013. Acti y Na of Vail Clerk p�; (sealj'••.• 2: • • •O ORDINANCE NO. 16 SERIES 2013 AN ORDINANCE AMENDING SECTION 13 -7 -8 OF THE VAIL TOWN CODE REGARDING RECOVERY OF COSTS IN ENFORCEMENT ACTIONS 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town have been duly elected and qualified; and WHEREAS, the Town Council desires to amend the Vail Town Code to provide for an award of reasonable attorney fees and costs in successful court actions to enforce violations of Section 13 -7 -8. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 13- 7 -8.B.2 of the Vail Town Code is hereby amended as follows.. 2. A violation of the owner's use restriction by a unit owner shall subject the owner to a daily assessment rate by the condominium association of three (3) times a rate considered to be a reasonable daily rental rate for the unit at the time of the violation, which assessment when paid shall be common elements of the condominiums. All sums assessed against the owner for violation of the owner's personal use restriction and unpaid shall constitute a lien for the benefit of the condominium association on that owner's unit, which lien shall be evidenced by written notice placed of record in the office of the clerk and recorder of Eagle County, and which may be collected by foreclosure on an owner's condominium unit by the association in like manner as a mortgage or deed of trust on real property. The condominium association's failure to enforce the owner's personal use restriction shall give the town the right to enforce the restriction by the assessment and the lien provided for hereunder. If the town enforces the restriction, the town shall receive the funds collected as a result of such enforcement. In the event litigation results from the enforcement of the restriction, and the town prevails in such litigation, ash its Fea aFd to— the — prevailing party, the court shall award the towns -ate its court costs together with reasonable attorney fees incurred. 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 Council hereby declares it would Ordinance No. 16, Series of 2013 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 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 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 November, 2013 and a public hearing for second reading of this Ordinance set for the 19th day of November, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of November, 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 16, Series of 2013 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Acting Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 20th day of, November, 2013. Witness my hand and seal thisQLPday of �ro �P,�- , 2013. Tammy N el �Q*�.•.,��. Acting Town of Vai erk •(s I) ORDINANCE NO. 16 SERIES 2013 AN ORDINANCE AMENDING SECTION 13 -7 -8 OF THE VAIL TOWN CODE REGARDING RECOVERY OF COSTS IN ENFORCEMENT ACTIONS 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town have been duly elected and qualified; and WHEREAS, the Town Council desires to amend the Vail Town Code to provide for an award of reasonable attorney fees and costs in successful court actions to enforce violations of Section 13 -7 -8. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 13 -7 -8.13.2 of the Vail Town Code is hereby amended as follows: 2. A violation of the owner's use restriction by a unit owner shall subject the owner to a daily assessment rate by the condominium association of three (3) times a rate considered to be a reasonable daily rental rate for the unit at the time of the violation, which assessment when paid shall be common elements of the condominiums. All sums assessed against the owner for violation of the owner's personal use restriction and unpaid shall constitute a lien for the benefit of the condominium association on that owner's unit, which lien shall be evidenced by written notice placed of record in the office of the clerk and recorder of Eagle County, and which may be collected by foreclosure on an owner's condominium unit by the association in like manner as a mortgage or deed of trust on real property. The condominium association's failure to enforce the owner's personal use restriction shall give the town the right to enforce the restriction by the assessment and the lien provided for hereunder. If the town enforces the restriction, the town shall receive the funds collected as a result of such enforcement. In the event litigation results from the enforcement of the restriction, and the town prevails in such litigation, the court shall award the townsusq -- pail.y its court costs together with reasonable attorney fees incurred. 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 Council hereby declares it would Ordinance No. 16, Series of 2013 . 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 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 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 November, 2013 and a public hearing for second reading of this Ordinance set for the 19th day of November, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of November, 2013. ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 16, Series of 2013 Andrew P. Daly, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Acting Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 20th day of, November, 2013. Witness my hand and seal this day of 2013. ammy Nage Ac ing own of Vai��w �PN'10 ORDINANCE NO. 19 SERIES 2013 AN ORDINANCE AMENDING SECTIONS 12-21-2,12-21-11 and 12 -21 -14 OF THE VAIL TOWN CODE REGARDING HAZARD 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town have been duly elected and qualified; WHEREAS, the State of Colorado has adopted higher standards for floodplain management; and WHEREAS, communities have until January 14, 2014 to adopt local regulations consistent with the new standards in order to remain in good standing in the National Flood Insurance Program (NFIP) and be eligible for grant funding through the Colorado Water Conservation Board (CWCB). NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12 -21 -2 of the Vail Town Code is hereby amended as follows: 12 -21 -2: DEFINITIONS: For the purposes of this chapter, the words contained in this section are defined as follows: ALLUVIAL FAN FLOODING: Flooding occurring on the surface of an alluvial fan or similar landform, which originates at the apex and is characterized by high velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. AREA OF SHALLOW FLOODING: A designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent (1 %) chance or greater annual chance of flooding to an average depth of one to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. BASE FLOOD: The flood having a one percent (1 %) chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION: The elevation shown on a FEMA Flood Insurance Rate Map Ordinance No. 19, Series of 2013 BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides. BLUE HAZARD AVALANCHE AREA: An area impacted by a snow producing a total static and dynamic pressure less than six hundred (600) pounds per square foot on a flat surface normal to the flow and /or a return interval in excess of twenty five (25) years. CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed project which does not revise an effective floodplain map, that would, upon CRITICAL FACILITY: A structure or related infrastructure, but not the land on which it is situated as specified in (critical facility section of ordinance), that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, durina and after a flood. CRITICAL FEATURE: An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT: Any manmade change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING: A nonbasement building: a) built, in the case of a building in zones A1- 30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in zones V1 -30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A11-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of zones V1 -30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building ", even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of section 60.3(e)(5) of the national flood insurance program regulations. EXISTING CONSTRUCTION: For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures ". FLOOD HAZARD ZONE: The land in the floodplain subject to a one percent (1 %) or greater chance of flooding in any given year. The area is designated as zones A. AE, AH, AO, A11-99, VO. V1 -30. VE or V. on the Flood Insurance Rate Map (FIRM). on the flood hazaFd beunda4y ,,...,.. ,...., �.,...,., , - - -, — - FLOOD INSURANCE RATE MAP (FIRM): An official map on which the federal emergency management agency has delineated both the Special Flood Hazard Areas (SFHA)afeas e# Ordinance No. 19, Series of 2013 and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency that includes flood profiles and water surface elevation of the base flood as well as the flood boundary- floodway map. FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland or tidal waters. B. The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD PROTECTION SYSTEM: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of Flooding). FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY (REGULATORY FLOODWAY): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long term storage or related manufacturing facilities. GEOLOGICALLY SENSITIVE AREA: An area within the town of Vail which may be subject to rockfalls, mudflows, debris flows, debris avalanches, and unstable soil, slopes or rocks. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE: Any structure that is: A. Listed individually in the National Register of Historic Places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register; Ordinance No. 19, Series of 2013 B. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of interior; or D. Classified as historically significant per title 10. chapter 2, "Special Historic And Architectural Structures ", of this code. LEVEE: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LETTER OF MAP REVISION (LOMR): FEMA's official revision of an effective Flood Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM). or both. LOMR's are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFE's). or Special Flood Hazard Area (SFHA). LETTER OF MAP REVISION BASED ON FILL (LOMR -F): FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway. LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of section 60.3 of the national flood insurance program regulations. MEAN SEA LEVEL: For purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. NEW CONSTRUCTION: For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after December 4, 2007, and includes any subsequent improvements to such structures. 100 -YEAR FLOODPLAIN: See the definition of Flood Hazard Zone. RECREATIONAL VEHICLE: A vehicle which is: A. Built on a single chassis; Ordinance No. 19, Series of 2013 B. Four hundred (400) square feet or less when measured at the largest horizontal projections; C. Designed to be self - propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. RED HAZARD AVALANCHE AREA: Any area impacted by a snow avalanche producing a total static and dynamic pressure in excess of six hundred (600) pounds per square foot on a flat surface normal to the flow and /or a return interval of less than twenty five (25) years. SLOPE: As defined in section 12 -2 -2 of this title. SPECIAL FLOOD HAZARD AREA: The land in the floodDlain within a community subject to a one percent or greater chance of flooding in any given year, i.e., the 100 -year floodplain. START OF CONSTRUCTION (For Other Than New Construction Or Substantial Improvements Under The Coastal Barrier Resources Act (Pub. L. 97- 348)): Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50 %) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50 %) of the market value of the structure. Market value shall be determined by a qualified assessor designated by the administrator. The market value of a structure is determined either: A. Before the improvement or repair is started; or B. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement' is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. Ordinance No. 19, Series of 2013 WATER SURFACE ELEVATION: The height, in relation to the national geodetic vertical datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. required in Section 60.3(b)(6). (c)(10), (d)(3), (e)(2), (e)(4), or (e)(6) is presumed to be in violation until such time as that documentation is provided. ZONE OF INFLUENCE: Any area in a potential avalanche hazard zone where detailed information is not currently available but which may be impacted by said hazard. These zones of influence shall be designated on the appropriate maps of the administrator of the town. Section 2. Section 12 -21 -11 of the Vail Town Code is hereby amended as follows: 12- 21 -11: FLOOD HAZARD ZONES: A. Lands to which this ordinance applies: The ordinance shall apply to all Special Flood Hazard Areas and areas removed form the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR -F) within the jurisdiction of the Town of Vail, Colorado. Purpose: To promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; 7. Ensure that potential buyers are notified that property is in a flood area; 8. Ensure that those who occupy the floodplain assume the responsibility for their actions; 9. Protect the natural areas required to convey flood flows and retain flow characteristics; and 10. Obtain and maintain the benefits to the community of participating in the national flood insurance program. B. Basis For Establishing S: The aFeas of speGial fleed hazaFd Special Flood Hazard Areas identified by the federal emergency management agency in a scientific and engineering report entitled, "The Flood Insurance Study For Eagle County, Colorado, And Incorporated Areas" dated December 4, 2007, with accompanying flood insurance rate maps and flood boundairy Ordinance No. 19, Series of 2013 and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. C. Designation Of The Floodplain Administrator: The town engineer or designee is hereby appointed the floodplain administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 CFR (national flood insurance program regulations) pertaining to floodplain management. D. Duties And Responsibilities Of The Floodplain Administrator: Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter. 2. Review all permit applications to ensure that the requirements of this chapter have been satisfied and that the proposed improvement will be reasonably safe from flooding. 3. Review, approve or deny floodplain use and modification permits to determine whether proposed improvements meet the provisions of this chapter. 4. Review evidence prior to the issuance of a floodplain use permit that all necessary permits have been obtained from those federal, state, or local government agencies from which prior approval is required. Conditional floodplain use permits may be issued contingent upon receipt of the above mentioned agency permits. 5. Review and verify that no new habitable structure is constructed within the flood - hazard zeR Special Flood Hazard Area. 6. Review and verify that a licensed professional engineer or professional land surveyor certified the location of the 100 -year floodplain on all development applications that are adjacent to, or partially located within the 100 -year floodplain, that are proposing improvements that may affect the floodplain. 7. Where interpretation is needed as to the exact location of the boundaries of Special Flood Hazard Zone (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation. 8. Notify, in riverine situations, adjacent communities and the managem eat Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency. 9. Assure that the flood carrying capacity within any altered or relocated portion of any watercourse is maintained. 10. When base flood elevation data have not been provided in accordance with subsection B of this section, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from federal, state or other source, in order to administer the provisions of subsection F of this section. 11. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) Ordinance No. 19, Series of 2013 shall be permitted within zones Al -30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one -half foot 04 1ST at any point within the community. 12. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance program regulations, a community may approve certain development in zones Al -30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one -half foot {4} IM, provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision). E. Floodplain Permits: 1. Floodplain Use Permit: a. Purpose: The floodplain use permit is a permit to allow temporary grading within the floodplain and allow for necessary public infrastructure improvements within the floodplain. A floodplain use permit may be issued under at least one of the following conditions: (1) Temporary grading in the floodplain approved by the floodplain administrator, in which the site is returned to its existing grade and conditions; (2) Utility construction /maintenance within the floodplain approved by the floodplain administrator which is deemed to have an insignificant impact to the 100 -year floodplain; (3) Stream bank stabilization within the floodplain approved by the floodplain administrator and is deemed to have an insignificant impact to the floodplain; (4) Public infrastructure construction /maintenance approved by the floodplain administrator including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed to have an insignificant impact to the floodplain; b. Floodplain Use Permit Application Submittal Requirements: Applicants shall provide the following information prior to design review or any review by the planning and environmental commission: (1) Site plan at an engineering scale showing the location, dimensions, and elevations of the proposed landscape /grade alterations, existing and proposed structures, relevant landscape /topographic features, and the location of the foregoing in relation to the 100 -year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor. (2) Detailed topographic cross sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions. (3) Description of the extent to which any floodplain will be altered including why, when, how, and when it will be replaced back to its original configuration, and addressing each relevant criterion in subsection E3 of this section. (4) Copy of all other necessary approved permits (i.e., building permit, public way permit, ACOE permit, dewatering permit, DOW permit, CDHPE permit, etc.). Ordinance No. 19, Series of 2013 (5) If required by the floodplain administrator, an engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer. (6) Submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. (7) Any additional information deemed necessary by the floodplain administrator. 2. Floodplain Modification Permit: a. Purpose: A floodplain modification permit is a permit to allow construction of improvements and /or modifications to the adopted floodplain for all other uses, improvements, or modifications to or within the floodplain that do not fall within the guidelines of the floodplain use permit. However, no habitable structures or improvements shall be allowed to be constructed within the floodplain. b. Floodplain Modification Application Submittal Requirements: Applicants shall provide the following information prior to design review or any review by the planning and environmental commission: (1) Elevation of the lowest floor (including basement and crawl space) of all new and substantially improved structures within or adjacent to the floodplain. (2) Description of the extent to which any floodplain will be altered including why, when, how, and when it will be replaced back to its original configuration, and addressing each relevant factor in subsection E3 of this section. (3) Signature of the owners of all property subject to an impact by the proposed improvement. (4) A site plan drawn to an engineering scale showing the location, dimensions, and elevations of the proposed landscape /grade alterations, existing and proposed structures, relevant landscape /topographic features, and the location of the foregoing in relation to the 100 -year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor. (5) Detailed topographic cross sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions. (6) Copy of all other necessary approved permits (i.e., building permit, public way permit, ACOE permit, dewatering permit, DOW permit, CDHPE permit). (7) An engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer. (8) Copy of submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. (9) Environmental impact report, per chapter 12 of this title. (10) Any additional information deemed necessary by the floodplain administrator. 3. Review, Criteria And Findings: At the discretion of the floodplain administrator, floodplain use permits may be reviewed by the floodplain administrator or the PEC. All floodplain modification permits shall be reviewed and approved by the floodplain administrator and the PEC. Ordinance No. 19, Series of 2013 a. Criteria: The following factors shall be used to make a determination in issuance of floodplain permits: (1) The effects upon the efficiency or capacity of the floodway; (2) The effects upon persons and personal property upstream, downstream and in the immediate vicinity; (3) The effects upon the 100 -year flood profile and channel stability; (4) The effects upon any tributaries to the main stream, drainage ditches and any other drainage facilities or systems; (5) The danger to life and property due to flooding or erosion damage; (6) The susceptibility of the proposed improvement and its contents to flood damage and the effect of such damage on the individual owner; (7) The danger that materials may be swept onto other lands to the injury of others; (8) The compatibility of the proposed use with existing and anticipated development; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (12) The effect the proposed changes will have any adverse environmental effect on the watercourse including, without limitation, erosion of stream banks and stream side trees and vegetation and wildlife habitat; (13) The necessity to the facility of a waterfront location, where applicable; (14) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (15) The relationship of the proposed use to the comprehensive plan for that area. b. Findings: The following findings shall be made before granting of a floodplain permit: (1) That the proposed use or modification adequately addresses the findings in subsection E3a of this section, as determined by the floodplain administrator, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; (2) That the proposed use or modification 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 (3) That the proposed use or modification is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and Ordinance No. 19, Series of 2013 (4) That the proposed use or modification 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. 4. Permit Fees: The town council shall set a floodplain permit schedule sufficient to cover the cost of town staff time, consultant fees, and incidental expense. 5. Expiration Of Permit: A floodplain permit shall expire two (2) years after its date of issuance if the permittee has not started construction under the permit. F. Provisions For Flood Hazard Reduction: 1. General Standards: In all Special Flood Hazard Areas, the following provisions are required for all new construction and substantial improvements: a. Habitable structures or improvements shall not be permitted to be constructed within the 100 - year floodplain. Improvements that may be approved for construction within the 100 -year floodplain include: (1) Temporary grading in the floodplain approved by the floodplain administrator, in which the site is returned to its existing grade and conditions; (2) Utility construction /maintenance within the floodplain approved by the floodplain administrator which is deemed to have an insignificant impact to the floodplain; (3) Stream bank stabilization within the floodplain approved by the floodplain administrator and is deemed to have an insignificant impact to the floodplain; (4) Public infrastructure construction /maintenance approved by the floodplain administrator including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed to have an insignificant impact to the floodplain; b. An insignificant impact to the floodplain shall be defined as: An improvement in the floodplain that is a public benefit that meets the criteria set out in subsection F1A of this section and causes no negative impacts to adjacent properties and no permanent localized cumulative increase in the adopted base flood elevations (BFE) greater than 0.25 vertical feet. The applicant shall apply for a conditional FIRM and floodway revision through FEMA, if applicable; c. All new structures or improvements, unless otherwise specifically provided for within this chapter, shall not influence the 100 -year floodplain and shall maintain a minimum clear distance from the 100 -year floodplain of one foot (1') in both the horizontal and vertical directions; d. Floor plans and elevations illustrating that the lowest floor elevations including basement, together with attendant utility and sanitary facilities,of the new or substantially improved structure, shall be elevated to at least one foot (1') above the base flood elevation; e. All approved new or modified improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the improvement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; f. All new approved construction or modified improvements shall be constructed by methods and practices that minimize flood damage; Ordinance No. 19, Series of 2013 g. All new approved construction or modified improvements shall be constructed with materials resistant to flood damage; h. All existing nonconforming structures located within the 100 -year floodplain that may require maintenance shall not negatively impact the adopted BFEs or adjacent properties in any way, unless as provided by subsection Fla of this section; and shall increase conformity and flood protection as required by the floodplain administrator (i.e., floodproofing, flotation prevention, flood resistant materials, etc.); i. All existing nonconforming structures that may require maintenance to operational systems that are within the floodplain shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding; j. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; k. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and I. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 2. Standards For Areas Of Shallow Flooding (AO /AH Zones): Located within the areas of special flood hazard established in subsection B of this section, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet (3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: a. All new construction and substantial improvements of residential structures have the lowest floor (including basement, together with attendant utility and sanitary facilities) elevated one foot (1') above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 3 feet if no depth number is specified). b. All new construction and substantial improvements of nonresidential structures have the lowest floor (including basement,_ together with attendant utility and sanitary facilities) elevated one foot (1') above above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 3 feet if no depth number is specified), or; together with attendant utility and sanitary facilities be designed so that one foot (111 above bele the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. c. A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this chapter are satisfied. d. Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. 3. Floodways: Floodways located within areas of sperial fleed haZaFd Special Flood Hazard Area established in subsection B of this section, are areas designated as floodways. Since the Ordinance No. 19, Series of 2013 floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: a. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. b. If this subsection F is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this subsection F. c. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. (Ord. 28(2007) § 5) G. Properties Removed From Floodplain By Fill 1. A Floodplain Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR -F) unless such new structure or addition complies with the following: a. Residential Construction: The lowest floor (including basement) electrical heating ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill. b. Non Residential Construction: The lowest floor (includina basement) electrical existed prior to the placement of fill, or together with attendant utility and sanitary facilities be designed so that the structure or addition is watertight to at least one foot having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. H. Critical Facilities 1. Construction of new critical facilities shall be, to the extent possible located outside the limits of the Regulatory Floodplain. 2. Construction of new critical facilities in the Reaulatory Floodplain shall be permissible if no feasible alternative site is available, provided a. Critical facilities shall have the lowest floor elevated three feet above the base flood elevation or to the heiaht of the 500 -year flood, whichever is higher. If there is no available data on the 500 -year flood, the permit applicants shall develop the needed data in accordance with FEMA mappina guidelines. Ordinance No. 19, Series of 2013 b. Access to and from the critical facility shall be protected to the elevation of the 500 - year flood. Section 3. Section 12 -21 -14 of the Vail Town Code is hereby amended as follows: 12- 21 -14: RIGHT OF APPEAL: Nothing in this chapter shall be deemed to deny any interested person his /her rights to appeal the decision of the administrator in accordance with section 12 -3 -3 of this title. In addition, nothing in this chapter shall be deemed to deny any interested person his /her rights to seek a variance from the requirements of this chapter. Variances shall be governed by the provisions of chapter 17 of this title. Variances specific to Flood Hazard Zones. 12- 21 -11, shall be -governed by chapter 17 of this title and may be -granted under the following conditions: A. The Appeal Board may grant variances and place conditions upon them as it deems necessary to further the purpose and objectives of this ordinance as stated in 12-21 - 11(AI. B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any designated floodwav if any increase in flood levels during the base flood discharge would result. 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 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 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 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. Ordinance No. 19, Series of 2013 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of November, 2013 and a public hearing for second reading of this Ordinance set for the 3`d day of December, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of , 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 19, Series of 2013 n PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Acting Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 19 Series of 2013, on the Town of Vail's web site, www.vailqov.com, on the 4th day of, December, 2013. Witness my hand and seal this +� day of b� , 2013. Ta my Na Acting own of Vail Clerk ORDINANCE NO. 19 SERIES 2013 AN ORDINANCE AMENDING SECTIONS 12 -21 -2, 12 -21 -11 and 12 -21 -14 OF THE VAIL TOWN CODE REGARDING HAZARD 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town have been duly elected and qualified; WHEREAS, the State of Colorado has adopted higher standards for floodplain management; and WHEREAS, communities have until January 14, 2014 to adopt local regulations consistent with the new standards in order to remain in good standing in the National Flood Insurance Program (NFIP) and be eligible for grant funding through the Colorado Water Conservation Board (CWCB). NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12 -21 -2 of the Vail Town Code is hereby amended as follows: 12 -21 -2: DEFINITIONS: For the purposes of this chapter, the words contained in this section are defined as follows: ALLUVIAL FAN FLOODING: Flooding occurring on the surface of an alluvial fan or similar landform, which originates at the apex and is characterized by high velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. AREA OF SHALLOW FLOODING: A designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent (1 %) chance or greater annual chance of flooding to an average depth of one to three feet (3') where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. BASE FLOOD: The flood having a one percent (1 %) chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION: The elevation shown on a FEMA Flood Insurance Rate Map for Zones AE, AH, Al -A30, AR, AR/A. AR/AE, AR/A1 -A30, AR/AH, AR/AO. V1430. and VE that indicates the water surface elevation resultina from a flood that has a one percent chance of eaualinq or exceeding that level in anv aiven vear. Ordinance No. 19, Series of 2013 BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides. BLUE HAZARD AVALANCHE AREA: An area impacted by a snow producing a total static and dynamic pressure less than six hundred (600) pounds per square foot on a flat surface normal to the flow and /or a return interval in excess of twenty five (25) years. CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed project, which does not revise an effective floodplain map, that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existina regulatory floodplain. in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before, during and after a flood. CRITICAL FEATURE: An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT: Any manmade change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING: A nonbasement building: a) built, in the case of a building in zones A1- 30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in zones V1 -30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and b) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A11-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of zones V1 -30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building ", even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of section 60.3(e)(5) of the national flood insurance program regulations. EXISTING CONSTRUCTION: For the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures ". FLOOD HAZARD ZONE: The land in the floodplain subject to a one percent (1 %) or greater chance of flooding in any given year. The area is designated as zones A. AE, AH, AO, Al -99, VO, V1 -30. VE or V. on the Flood Insurance Wate Map (FIRM). FIRM e A usually .AIL. 7 O V -G V! 30 VE \/ �.�.�, =on,�., avaaiTio refined into genes /!, �! €, /�H, h6�/!1 9�- .T��.- FLOOD INSURANCE RATE MAP (FIRM): An official map on which the federal emergency management agency has delineated both the Special Flood Hazard Areas (SFHA)areas a Ordinance No. 19, Series of 2013 and the risk premium zones applicable to the community FLOOD INSURANCE STUDY: The official report provided by the federal emergency management agency that includes flood profiles and water surface elevation of the base flood as well as the flood boundary- floodway map. FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland or tidal waters. B. The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD PROTECTION SYSTEM: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of Flooding). FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY (REGULATORY FLOODWAY): The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long term storage or related manufacturing facilities. GEOLOGICALLY SENSITIVE AREA: An area within the town of Vail which may be subject to rockfalls, mudflows, debris flows, debris avalanches, and unstable soil, slopes or rocks. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE: Any structure that is: A. Listed individually in the National Register of Historic Places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register; Ordinance No. 19, Series of 2013 B. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of interior; or D. Classified as historically significant per title 10. chapter 2, "Special Historic And Architectural Structures ", of this code. LEVEE: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LETTER OF MAP REVISION (LOMB): FEMA's official revision of an effective Flood Insurance Rate Map (FIRM). or Flood Boundary and Floodway Map (FBFM) or both. modification of the existing regulatory floodwav, the effective Base Flood Elevations (BFE's). or Special Flood Hazard Area (SFHA). LETTER OF MAP REVISION BASED ON FILL (LOMR -F): FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway. LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of section 60.3 of the national flood insurance program regulations. MEAN SEA LEVEL: For purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. NEW CONSTRUCTION: For the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after December 4, 2007, and includes any subsequent improvements to such structures. 100 -YEAR FLOODPLAIN: See the definition of Flood Hazard Zone RECREATIONAL VEHICLE: A vehicle which is: A. Built on a single chassis; Ordinance No. 19, Series of 2013 B. Four hundred (400) square feet or less when measured at the largest horizontal projections; C. Designed to be self - propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. RED HAZARD AVALANCHE AREA: Any area impacted by a snow avalanche producing a total static and dynamic pressure in excess of six hundred (600) pounds per square foot on a flat surface normal to the flow and /or a return interval of less than twenty five (25) years. SLOPE: As defined in section 12 -2 -2 of this title. SPECIAL FLOOD HAZARD AREA: The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year, i.e., the 100 -year floodplain. START OF CONSTRUCTION (For Other Than New Construction Or Substantial Improvements Under The Coastal Barrier Resources Act (Pub. L. 97- 348)): Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50 %) of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50 %) of the market value of the structure. Market value shall be determined by a qualified assessor designated by the administrator. The market value of a structure is determined either: A. Before the improvement or repair is started; or B. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions. Ordinance No. 19, Series of 2013 WATER SURFACE ELEVATION: The height, in relation to the national geodetic vertical datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. required in Section 60.3(b)(5), (c)(10), (d)(3). (e)(2) (e)(4) or (e)(5) is presumed to be in violation until such time as that documentation is provided. ZONE OF INFLUENCE: Any area in a potential avalanche hazard zone where detailed information is not currently available but which may be impacted by said hazard. These zones of influence shall be designated on the appropriate maps of the administrator of the town. Section 2. Section 12 -21 -11 of the Vail Town Code is hereby amended as follows: 12- 21 -11: FLOOD HAZARD ZONES: A. Lands to which this ordinance applies: The ordinance shall apply to all Special Flood Hazard Areas and areas removed form the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR -F) within the jurisdiction of the Town of Vail Colorado. Purpose: To promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; 7. Ensure that potential buyers are notified that property is in a flood area; 8. Ensure that those who occupy the floodplain assume the responsibility for their actions; 9. Protect the natural areas required to convey flood flows and retain flow characteristics; and 10. Obtain and maintain the benefits to the community of participating in the national flood insurance program. B. Basis For Establishing S: The aFea6 of speGial flood haaaFd Special Flood Hazard Areas identified by the federal emergency management agency in a scientific and engineering report entitled, "The Flood Insurance Study For Eagle County, Colorado, And Incorporated Areas" dated December 4, 2007, with accompanying flood insurance rate maps Ordinance No. 19, Series of 2013 and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. C. Designation Of The Floodplain Administrator: The town engineer or designee is hereby appointed the floodplain administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 CFR (national flood insurance program regulations) pertaining to floodplain management. D. Duties And Responsibilities Of The Floodplain Administrator: Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter. 2. Review all permit applications to ensure that the requirements of this chapter have been satisfied and that the proposed improvement will be reasonably safe from flooding. 3. Review, approve or deny floodplain use and modification permits to determine whether proposed improvements meet the provisions of this chapter. 4. Review evidence prior to the issuance of a floodplain use permit that all necessary permits have been obtained from those federal, state, or local government agencies from which prior approval is required. Conditional floodplain use permits may be issued contingent upon receipt of the above mentioned agency permits. 5. Review and verify that no new habitable structure is constructed within the flood - hazard zeneSpecial Flood Hazard Area. 6. Review and verify that a licensed professional engineer or professional land surveyor certified the location of the 100 -year floodplain on all development applications that are adjacent to, or partially located within the 100 -year floodplain, that are proposing improvements that may affect the floodplain. 7. Where interpretation is needed as to the exact location of the boundaries of Special Flood Hazard Zone the areas of 6P9Gial flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation. 8. Notify, in riverine situations, adjacent communities and the management Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the federal emergency management agency. 9. Assure that the flood carrying capacity within any altered or relocated portion of any watercourse is maintained. 10. When base flood elevation data have not been provided in accordance with subsection B of this section, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from federal, state or other source, in order to administer the provisions of subsection F of this section. 11. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) Ordinance No. 19, Series of 2013 shall be permitted within zones Al -30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one -half foot {4) ffM at any point within the community. 12. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance program regulations, a community may approve certain development in zones Al -30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one -half foot 04 ffM, provided that the community first applies for a conditional FIRM revision through FEMA (conditional letter of map revision). E. Floodplain Permits: 1. Floodplain Use Permit: a. Purpose: The floodplain use permit is a permit to allow temporary grading within the floodplain and allow for necessary public infrastructure improvements within the floodplain. A floodplain use permit may be issued under at least one of the following conditions: (1) Temporary grading in the floodplain approved by the floodplain administrator, in which the site is returned to its existing grade and conditions; (2) Utility construction /maintenance within the floodplain approved by the floodplain administrator which is deemed to have an insignificant impact to the 100 -year floodplain; (3) Stream bank stabilization within the floodplain approved by the floodplain administrator and is deemed to have an insignificant impact to the floodplain; (4) Public infrastructure construction /maintenance approved by the floodplain administrator including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed to have an insignificant impact to the floodplain; b. Floodplain Use Permit Application Submittal Requirements: Applicants shall provide the following information prior to design review or any review by the planning and environmental commission: (1) Site plan at an engineering scale showing the location, dimensions, and elevations of the proposed landscape /grade alterations, existing and proposed structures, relevant landscape /topographic features, and the location of the foregoing in relation to the 100 -year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor. (2) Detailed topographic cross sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions. (3) Description of the extent to which any floodplain will be altered including why, when, how, and when it will be replaced back to its original configuration, and addressing each relevant criterion in subsection E3 of this section. (4) Copy of all other necessary approved permits (i.e., building permit, public way permit, ACOE permit, dewatering permit, DOW permit, CDHPE permit, etc.). Ordinance No. 19, Series of 2013 (5) If required by the floodplain administrator, an engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer. (6) Submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. (7) Any additional information deemed necessary by the floodplain administrator. 2. Floodplain Modification Permit: a. Purpose: A floodplain modification permit is a permit to allow construction of improvements and /or modifications to the adopted floodplain for all other uses, improvements, or modifications to or within the floodplain that do not fall within the guidelines of the floodplain use permit. However, no habitable structures or improvements shall be allowed to be constructed within the floodplain. b. Floodplain Modification Application Submittal Requirements: Applicants shall provide the following information prior to design review or any review by the planning and environmental commission: (1) Elevation of the lowest floor (including basement and crawl space) of all new and substantially improved structures within or adjacent to the floodplain. (2) Description of the extent to which any floodplain will be altered including why, when, how, and when it will be replaced back to its original configuration, and addressing each relevant factor in subsection E3 of this section. (3) Signature of the owners of all property subject to an impact by the proposed improvement. (4) A site plan drawn to an engineering scale showing the location, dimensions, and elevations of the proposed landscape /grade alterations, existing and proposed structures, relevant landscape /topographic features, and the location of the foregoing in relation to the 100 -year floodplain. The floodplain line shall be provided on a plan certified by a licensed professional engineer or land surveyor. (5) Detailed topographic cross sections provided by a licensed professional surveyor of the area proposed to be altered, showing existing and proposed conditions. (6) Copy of all other necessary approved permits (i.e., building permit, public way permit, ACOE permit, dewatering permit, DOW permit, CDHPE permit). (7) An engineered floodplain analysis of the impacts to the floodplain prepared by a qualified licensed professional engineer. (8) Copy of submitted application for a conditional FIRM and floodway revision through FEMA, if applicable. (9) Environmental impact report, per chapter 12 of this title. (10) Any additional information deemed necessary by the floodplain administrator. 3. Review, Criteria And Findings: At the discretion of the floodplain administrator, floodplain use permits may be reviewed by the floodplain administrator or the PEC. All floodplain modification permits shall be reviewed and approved by the floodplain administrator and the PEC. Ordinance No. 19, Series of 2013 a. Criteria: The following factors shall be used to make a determination in issuance of floodplain permits: (1) The effects upon the efficiency or capacity of the floodway; (2) The effects upon persons and personal property upstream, downstream and in the immediate vicinity; (3) The effects upon the 100 -year flood profile and channel stability; (4) The effects upon any tributaries to the main stream, drainage ditches and any other drainage facilities or systems; (5) The danger to life and property due to flooding or erosion damage; (6) The susceptibility of the proposed improvement and its contents to flood damage and the effect of such damage on the individual owner; (7) The danger that materials may be swept onto other lands to the injury of others; (8) The compatibility of the proposed use with existing and anticipated development; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; (12) The effect the proposed changes will have any adverse environmental effect on the watercourse including, without limitation, erosion of stream banks and stream side trees and vegetation and wildlife habitat; (13) The necessity to the facility of a waterfront location, where applicable; (14) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (15) The relationship of the proposed use to the comprehensive plan for that area. b. Findings: The following findings shall be made before granting of a floodplain permit: (1) That the proposed use or modification adequately addresses the findings in subsection E3a of this section, as determined by the floodplain administrator, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; (2) That the proposed use or modification 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 (3) That the proposed use or modification is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and Ordinance No. 19, Series of 2013 (4) That the proposed use or modification 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. 4. Permit Fees: The town council shall set a floodplain permit schedule sufficient to cover the cost of town staff time, consultant fees, and incidental expense. 5. Expiration Of Permit: A floodplain permit shall expire two (2) years after its date of issuance if the permittee has not started construction under the permit. F. Provisions For Flood Hazard Reduction: 1. General Standards: In all Special Flood Hazard Areas, the following provisions are required for all new construction and substantial improvements: a. Habitable structures or improvements shall not be permitted to be constructed within the 100 - year floodplain. Improvements that may be approved for construction within the 100 -year floodplain include: (1) Temporary grading in the floodplain approved by the floodplain administrator, in which the site is returned to its existing grade and conditions; (2) Utility construction /maintenance within the floodplain approved by the floodplain administrator which is deemed to have an insignificant impact to the floodplain; (3) Stream bank stabilization within the floodplain approved by the floodplain administrator and is deemed to have an insignificant impact to the floodplain; (4) Public infrastructure construction /maintenance approved by the floodplain administrator including, but not limited to, roads, bridges, recreation paths, walks, stream drop structures, and stream erosion control measures which are deemed to have an insignificant impact to the floodplain; b. An insignificant impact to the floodplain shall be defined as: An improvement in the floodplain that is a public benefit that meets the criteria set out in subsection F1 of this section and causes no negative impacts to adjacent properties and no permanent localized cumulative increase in the adopted base flood elevations (BFE) greater than 0.25 vertical feet. The applicant shall apply for a conditional FIRM and floodway revision through FEMA, if applicable; c. All new structures or improvements, unless otherwise specifically provided for within this chapter, shall not influence the 100 -year floodplain and shall maintain a minimum clear distance from the 100 -year floodplain of one foot (1') in both the horizontal and vertical directions; d. Floor plans and elevations illustrating that the lowest floor elevations including basement, together with attendant utility and sanitary facilities,of the new or substantially improved structure, shall be elevated to at least one foot (1') above the base flood elevation; e. All approved new or modified improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the improvement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; f. All new approved construction or modified improvements shall be constructed by methods and practices that minimize flood damage; Ordinance No. 19, Series of 2013 g. All new approved construction or modified improvements shall be constructed with materials resistant to flood damage; h. All existing nonconforming structures located within the 100 -year floodplain that may require maintenance shall not negatively impact the adopted BFEs or adjacent properties in any way, unless as provided by subsection Fla of this section; and shall increase conformity and flood protection as required by the floodplain administrator (i.e., floodproofing, flotation prevention, flood resistant materials, etc.); i. All existing nonconforming structures that may require maintenance to operational systems that are within the floodplain shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding; j. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; k. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and I. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 2. Standards For Areas Of Shallow Flooding (AO /AH Zones): Located within the areas of special flood hazard established in subsection B of this section, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet (3') where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: a. All new construction and substantial improvements of residential structures have the lowest floor (including basement, together with attendant utility and sanitary facilities) elevated one foot (1') above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 3 feet if no depth number is specified). b. All new construction and substantial improvements of nonresidential structures have the lowest floor (including basement, together with attendant utility and sanitary facilities) elevated one foot (1') above above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 2 3 feet if no depth number is specified), or; together with attendant utility and sanitary facilities be designed so that one foot 1' above belew the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. c. A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this chapter are satisfied. d. Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. 3. Floodways: Floodways located within areas of speGial fleed haaaFd Special Flood Hazard Area established in subsection B of this section, are areas designated as floodways. Since the Ordinance No. 19, Series of 2013 floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: a. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. b. If this subsection F is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this subsection F. c. Under the provisions of 44 CFR chapter 1, section 65.12, of the national flood insurance regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. (Ord. 28(2007) § 5) G. Properties Removed From Floodplain By Fill 1. A Floodplain Permit shall not be issued for the construction of a new structure or addition to an existing structure on a property removed from the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR -F), unless such new structure or addition complies with the following: a. Residential Construction: The lowest floor (including basement), electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill. b. Non Residential Construction: The lowest floor (includina basement), electrical, heatina, ventilation, plumbing, and air conditioning equipment and other service facilities ( includina ductwork), must be elevated to one foot above the Base Flood Elevation that existed prior to the placement of fill, or toaether with attendant utility and sanitary facilities be designed so that the structure or addition is watertiaht to at least one foot above the base flood level that existed prior to the placement of fill with walls substantially impermeable to the passage of water and with structural components havina the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. H. Critical Facilities 1. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Reaulatory Floodplain. 2. Construction of new critical facilities in the Reaulatory Floodplain shall be permissible if no feasible alternative site is available, provided a. Critical facilities shall have the lowest floor elevated three feet above the base flood elevation or to the height of the 500 -year flood, whichever is hiaher. If there is no available data on the 500 -year flood, the permit applicants shall develop the needed data in accordance with FEMA mappina guidelines. Ordinance No. 19, Series of 2013 b. Access to and from the critical facility shall be protected to the elevation of the 500 - year flood. Section 3. Section 12 -21 -14 of the Vail Town Code is hereby amended as follows: 12- 21 -14: RIGHT OF APPEAL: Nothing in this chapter shall be deemed to deny any interested person his /her rights to appeal the decision of the administrator in accordance with section 12 -3 -3 of this title. In addition, nothing in this chapter shall be deemed to deny any interested person his /her rights to seek a variance from the requirements of this chapter. Variances shall be governed by the provisions of chapter 17 of this title. Variances specific to Flood Hazard Zones. 12- 21 -11. shall be -governed by chapter 17 of this title and may be granted under the following conditions: A. The Appeal Board may grant variances and place conditions upon them as it deems necessary to further the purpose and objectives of this ordinance as stated in 12-21 - 11(Al. B. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Reaister of Historic Places or the State Inventory of Historic Places, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any designated floodwav if any increase in flood levels durina the base flood discharge would result. 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 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 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 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. Ordinance No. 19, Series of 2013 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of November, 2013 and a public hearing for second reading of this Ordinance set for the 3'd day of December, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of , 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 19, Series of 2013 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Acting Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 20 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 20th day of, November, 2013. Witness my hand and seal this day of ,61Si�Qa- Y,lp¢.,�^ , 2013. .- .. z ,r =0 �. - ,f ORDINANCE NO. 20 SERIES OF 2013 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2013 TAX YEAR AND PAYABLE IN THE 2014 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 2013 year and payable in the 2014 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2014 fiscal year, the Town Council hereby levies a property tax of 4.705 mills upon each dollar of the total assessed valuation of $914,686,500 for the 2013 tax year of all taxable property within the Town, which will result in a gross tax levy of $4,303,842 calculated as follows: Base mill levy 4.690 $4,289,880 Abatement levy .015 _ 13,962 Total mill levy 4.705 $4,303,842 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, Ordinance 20, Series of 2013 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 19th day of November, 2013. A public hearing shall be held hereon at 6 P.M. on the 3rd day of December, 2013, 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: Tammy Nagel, Acting Town Clerk Ordinance 20, Series of 2013 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Acting Town Clerk, do solemnly swear and affirm that 1 published in full a true and correct copy of Ordinance No. 20 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 4th day of, December, 2013. Witness my hand and seal this �Tt —� day of �e Q,,� ),- 12013. Ta tNwagIlerk Ac ner it C ORDINANCE NO. 20 SERIES OF 2013 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2013 TAX YEAR AND PAYABLE IN THE 2014 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 2013 year and payable in the 2014 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 2014 fiscal year, the Town Council hereby levies a property tax of 4.705 mills upon each dollar of the total assessed valuation of $890,910,480 for the 2013 tax year of all taxable property within the Town, which will result in a gross tax levy of $4,192,332 calculated as follows: Base mill levy 4.690 $4,178,370 Abatement levy .016 13,962 Total mill levy 4.706 4 192 332 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 20, Series of 2013 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 19th day of November, 2013. A public hearing shall be held hereon at 6 P.M. on the 3rd day of December, 2013, 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: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3rd day of December 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance 20, Series of 2013 . . r PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Acting Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22 Series of 2013, on the Town of Vail's web site, www.vailqov.com, on the 4th day of, December, 2013. Witness my hand and seal this . tj �I day ofG�Qirv� ��li✓ , 2013. 4my� Nage Acting Vail Cler ,. v ORDINANCE NO. 22 SERIES OF 2013 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND DISPATCH SERVICE FUND OF THE 2013 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 2013 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 16, Series of 2012, adopting the 2013 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 2013 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 302,600 Capital Projects Fund 390,000 Real Estate Transfer Tax Fund 175,000 Dispatch Services Fund 43.000 Total $ 910,600 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 Ordinance No. 22, Series of 2013 necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of December, 2013, and a public hearing shall be held on this Ordinance on the 17th day of December, 2013, 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: Tammy Nagel, Acting Town Clerk Ordinance No. 22, Series of 2013 - PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Acting Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22 Series of 2013, on the Town of Vail's web site, www.vail.gov.com, on the 18th day of, December, 2013. Witness my hand and seal this 1 day of Lg-c--c ,r, 6W , 2013. T mmy el A n of Vail Clerk ORDINANCE NO. 22 SERIES OF 2013 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND DISPATCH SERVICE FUND OF THE 2013 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 2013 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 16, Series of 2012, adopting the 2013 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 2013 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 302,600 Capital Projects Fund 361,000 Real Estate Transfer Tax Fund 175,000 Dispatch Services Fund 43,000 Total $ 881,600 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 Ordinance No. 22, Series of 2013 I , • ' necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of December, 2013, and a public hearing shall be held on this Ordinance on the 17th day of December, 2013, 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: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 17th day of December 2013. ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 22, series of 2013 Andrew P. Daly, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Acting Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 23 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 4th day of, December, 2013. Witness my hand and seal this. day of , 2013. mmy Na n of Vail Clerk O• . : ORDINANCE NO. 23 SERIES 2013 AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE PROCESSING AND APPROVAL OF ALL BUSINESS AND LAND USE APPLICATIONS FOR PRIVATE SKI CLUB USES WITHIN THE TOWN 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council have been duly elected and qualified; WHEREAS, pursuant to C.R.S. § 31 -23 -301, the Town is empowered to regulate and restrict zoning, including but not limited to the location and use of buildings within its jurisdiction; WHEREAS, pursuant to C.R.S. § 31 -23- 303(1), the Town's zoning regulations must be made in accordance with the Comprehensive Plan and designed to, among other things, promote health and general welfare within the Town; WHEREAS, previously, the Town Council has adopted a temporary ban until December 17, 2013; WHEREAS, it is the desire of the Town Council that Town Staff study the effects of allowing private ski clubs to operate within the Town, considering the Town's existing land use regulations and master plan, and thereafter provide information to the Town Council as to whether such uses should be permitted at any location in the Town; WHEREAS, Town Staff needs additional time to gather information and study the impacts of private ski clubs and the zone districts in which they should be permitted, if at all; WHEREAS, the imposition of a moratorium on the operation of, and the processing and approval of all business and land use applications for private ski clubs will allow the Town Staff, Town Attorney and the Town Council to assess whether such uses are in the best interest of the public health, safety and welfare; and WHEREAS, during such time, the Council finds and determines that it is in the best interest of the public health, safety and welfare for the town to extend the temporary ban on the operation of, and the processing and approval of all business and land use applications for private ski clubs until March 17, 2014. Ordinance No. 23. Series of 2013 12/03//2013 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings and Intent. The foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council of the Town of Vail. Section 2. Temporary Moratorium. Upon the adoption of this ordinance, a moratorium is imposed on the processing and approval of all business and land use applications for operation of any private ski club use within the Town. Town Staff is directed to refuse to process, review or approve any such applications for the operation of private ski clubs. It shall further be unlawful for any person to operate, cause to be operated, or permit to be operated in the Town a private ski club at any location within the Town unless the Town expressly authorized such use prior to the adoption of this ordinance. For purposes of this ordinance, the term "private ski club" means a members -only club that serves alcoholic beverages and other refreshment with on -site ski storage, or any similar use. Section 3. Investigation and Evaluation. During the term of this moratorium, Town Staff shall investigate, evaluate and update the Town's Code as necessary to regulate or prohibit the operation of private ski clubs within the Town. Section 4. Authority. The Town Council hereby finds, determines and declares that it has the power to adopt this ordinance pursuant to: (i) The Local Government Land Use Control Enabling Act, Article 20 of Title 29 C.R.S.; (ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers); (iii) Section 31 -15 -103, C.R.S. (concerning municipal police powers); (iv) Section 31 -15 -401, C.R.S. (concerning municipal police powers); (v) Section 31 -15 -501, C.R.S. (concerning municipal power to regulate businesses); (vi) The authority granted to home rule municipalities by Article XX of the Colorado Constitution; and (vii) The powers contained in the Town of Vail Town Charter. Section 5. Expiration. The moratorium extended by this ordinance shall expire on March 17, 2014, unless earlier repealed or extended, as determined by Town ordinance. 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 Ordinance No. 23_ Series of 2013 12/03//2013 of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 8. 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 9. Pursuant to Section 4.11 of the Vail Town Charter, this ordinance is deemed necessary for the protection of the public health, welfare and safety, because the location of private ski clubs within the Town prior to the time that Town staff has had an adequate opportunity to study the effects of such establishments and the proper location for such establishments, if any, could cause irreparable harm to the Town and its residents and visitors. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST AND FINAL READING this 3rd day of December, 2013 and a public hearing for second reading of this Ordinance set for the 17th day of December, 2013, in the Council Chambers of the Vail Municipal Building, Vail Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PIBLISHED this 17th day of December, 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 23. Series of 2013 12/03//2013 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Acting Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 23 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 18th day of, December, 2013. Witness my hand and seal this day of �i�r� jj2 , 2013. T m Na I Acting Town of Vail er ADO.• ORDINANCE NO. 23 SERIES 2013 AN ORDINANCE EXTENDING THE TEMPORARY MORATORIUM ON THE PROCESSING AND APPROVAL OF ALL BUSINESS AND LAND USE APPLICATIONS FOR PRIVATE SKI CLUB USES WITHIN THE TOWN 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council have been duly elected and qualified; WHEREAS, pursuant to C.R.S. § 31 -23 -301, the Town is empowered to regulate and restrict zoning, including but not limited to the location and use of buildings within its jurisdiction; WHEREAS, pursuant to C.R.S. § 31 -23- 303(1), the Town's zoning regulations must be made in accordance with the Comprehensive Plan and designed to, among other things, promote health and general welfare within the Town; WHEREAS, previously, the Town Council has adopted a temporary ban until December 17, 2013; WHEREAS, it is the desire of the Town Council that Town Staff study the effects of allowing private ski clubs to operate within the Town, considering the Town's existing land use regulations and master plan, and thereafter provide information to the Town Council as to whether such uses should be permitted at any location in the Town; WHEREAS, Town Staff needs additional time to gather information and study the impacts of private ski clubs and the zone districts in which they should be permitted, if at all; WHEREAS, the imposition of a moratorium on the operation of, and the processing and approval of all business and land use applications for private ski clubs will allow the Town Staff, Town Attorney and the Town Council to assess whether such uses are in the best interest of the public health, safety and welfare; and WHEREAS, during such time, the Council finds and determines that it is in the best interest of the public health, safety and welfare for the town to extend the temporary ban on the operation of, and the processing and approval of all business and land use applications for private ski clubs until March 19, 2014. Ordinance No. 23. Series of 2013 12/17/2013 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings and Intent. The foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council of the Town of Vail. Section 2. Temporary Moratorium. Upon the adoption of this ordinance, a moratorium is imposed on the processing and approval of all business and land use applications for operation of any private ski club use within the Town. Town Staff is directed to refuse to process, review or approve any such applications for the operation of private ski clubs. It shall further be unlawful for any person to operate, cause to be operated, or permit to be operated in the Town a private ski club at any location within the Town unless the Town expressly authorized such use prior to the adoption of this ordinance. For purposes of this ordinance, the term "private ski club" means a members -only club that serves alcoholic beverages and other refreshment with on -site ski storage, or any similar use. Section 3. Investigation and Evaluation. During the term of this moratorium, Town Staff shall investigate, evaluate and update the Town's Code as necessary to regulate or prohibit the operation of private ski clubs within the Town. Section 4. Authority. The Town Council hereby finds, determines and declares that it has the power to adopt this ordinance pursuant to: (i) The Local Government Land Use Control Enabling Act, Article 20 of Title 29 C.R.S.; (ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers); (iii) Section 31 -15 -103, C.R.S. (concerning municipal police powers); (iv) Section 31 -15 -401, C.R.S. (concerning municipal police powers); (v) Section 31 -15 -501, C.R.S. (concerning municipal power to regulate businesses); (vi) The authority granted to home rule municipalities by Article XX of the Colorado Constitution; and (vii) The powers contained in the Town of Vail Town Charter. Section 5. Expiration. The moratorium extended by this ordinance shall expire on March 19, 2014, unless earlier repealed or extended, as determined by Town ordinance. 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 Ordinance No. 23. Series of 2013 12/17/2013 of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 8. 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 9. Pursuant to Section 4.11 of the Vail Town Charter, this ordinance is deemed necessary for the protection of the public health, welfare and safety, because the location of private ski clubs within the Town prior to the time that Town staff has had an adequate opportunity to study the effects of such establishments and the proper location for such establishments, if any, could cause irreparable harm to the Town and its residents and visitors. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST AND FINAL READING this 3rd day of December, 2013 and a public hearing for second reading of this Ordinance set for the 17th day of December, 2013, in the Council Chambers of the Vail Municipal Building, Vail Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PIBLISHED this 17th day of December, 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 23. Series of 2013 12/17/2013 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Acting Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 24 Series of 2013, on the Town of Vail's web site, www.vailqov.com, on the 4th day of, December, 2013. Witness my hand and seal this day of L%ov,r; �e� , 2013. ammy n of pF,VQeiL� y: a ORDINANCE NO. 24 SERIES 2013 AN ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO REGARDING THE PROVISION OF NATURAL GAS SERVICE IN THE TOWN 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the current franchise agreement between the Town and Public Service Company of Colorado expires on January 31, 2014; WHEREAS, for Public Service Company of Colorado to continue to provide gas service in the Town, it needs a franchise from the Town; and WHEREAS, pursuant to Sections 12.1 and 12.4 of the Vail Town Charter, the Town Council finds and determines that it is in the best interest of the public health, safety and welfare for the Town to grant a 20 -year franchise to Public Service Company of Colorado regarding the provision of natural gas service in the Town as more particularly set forth in the attached franchise agreement. 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 Public Service Company of Colorado, in substantially the form attached hereto, is hereby approved, and a non - exclusive franchise is granted to Public Service Company of Colorado under the terms set forth in such franchise agreement, commencing on February 1, 2014. The Town Manager is hereby authorized to execute such franchise agreement on behalf of the Town. 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 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 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. Ordinance No. 24, Series of 2013 Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3`d day of December, 2013, and a public hearing for second reading of this Ordinance set for the 17th day of December, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Interim Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of December, 2013. Andrew P. Daly, Mayor IAA *9 *31 Tammy Nagel, Interim Town Clerk Ordinance No. 24, Series of 2013 IM PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Acting Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 24 Series of 2013, on the Town of Vail's web site, www.vailgov.com, on the 18th day of, December, 2013. Witness my hand and seal this le—day of ,v-4MMb t/-V' , 2013. ammy gel wn of V ' �'` ORDINANCE NO. 24 SERIES 2013 AN ORDINANCE GRANTING A NON - EXCLUSIVE FRANCHISE TO PUBLIC SERVICE COMPANY OF COLORADO REGARDING THE PROVISION OF NATURAL GAS SERVICE IN THE TOWN 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 the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, the current franchise agreement between the Town and Public Service Company of Colorado expires on January 31, 2014; WHEREAS, for Public Service Company of Colorado to continue to provide gas service in the Town, it needs a franchise from the Town; and WHEREAS, pursuant to Sections 12.1 and 12.4 of the Vail Town Charter, the Town Council finds and determines that it is in the best interest of the public health, safety and welfare for the Town to grant a 20 -year franchise to Public Service Company of Colorado regarding the provision of natural gas service in the Town as more particularly set forth in the attached franchise agreement. 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 Public Service Company of Colorado, in substantially the form attached hereto, is hereby approved, and a non - exclusive franchise is granted to Public Service Company of Colorado under the terms set forth in such franchise agreement, commencing on February 1, 2014. The Town Manager is hereby authorized to execute such franchise agreement on behalf of the Town. 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 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 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. Ordinance No. 24, Series of 2013 Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of December, 2013, and a public hearing for second reading of this Ordinance set for the 17th day of December, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day of December, 2013. Andrew P. Daly, Mayor ATTEST: Tammy Nagel, Acting Town Clerk Ordinance No. 24, Series of 2013