HomeMy WebLinkAbout2016 - 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
2016, on the Town of Vail's web site, www.vailgov.com, on the 6T" day of
January, 2016.
Witness my hand and seal this 6t" day of January, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 1
SERIES 2016
AN ORDINANCE AMENDING THE DEFINITION OF SHORT-TERM RENTAL IN
THE VAIL TOWN CODE
WHEREAS, Section 12-2-2 of the Vail Town Code defines a short-term rental as a rental for
a period of time not exceeding 31 days;
WHEREAS, Section 4-1-2 of the Vail Town Code defines short-term rental as a rental for a
period of time not exceeding 30 days; and
WHEREAS, the Town Council desires to amend Section 12-2-2 to ensure consistency in the
Vail Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as follows:
SHORT TERM RENTAL: Shall be deemed to be a rental for a period not exceeding
thirtyons (30) days.
Section 2. Severability. If any part, section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of
the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 3. Retroactivity. The amendment of any provision of the Town Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 4. Repeal. 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inconsistent herewith are repealed to the extent only of such inconsistency.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repealed.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 January, 2016 and a public hearing for second
reading of this Ordinance is set for the 19th day of January, 2016, in the Council Chambers of the
Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 1, Series of 2016
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
2016, on the Town of Vail's web site, www.vailgov.com, on the 16TH day of
March, 2016.
Witness my hand and seal this 16th day of March, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 1
SERIES 2016
AN ORDINANCE AMENDING THE DEFINITION OF SHORT-TERM RENTAL IN
THE VAIL TOWN CODE
WHEREAS, Section 12-2-2 of the Vail Town Code defines a short-term rental as a rental for
a period of time not exceeding 31 days;
WHEREAS, Section 4-1-2 of the Vail Town Code defines short-term rental as a rental for a
period of time not exceeding 30 days; and
WHEREAS, the Town Council desires to amend Section 12-2-2 to ensure consistency in the
Vail Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as follows:
SHORT TERM RENTAL: Shall be deemed to be a rental for a period not exceeding
thirty G� (30) days.
Section 2. Severability. If any part, section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of
the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 3. Retroactivity. The amendment of any provision of the Town Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 4. Repeal. 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 March, 2016 and a public hearing for second
reading of this Ordinance is set for the 5th day of April, 2016, in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 1, Series of 2016
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING, AND
ORDERED PUBLISHED IN FULL this 5" day of April, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 1, Series of 2016
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
2016, on the Town of Vail's web site, www.vailgov.com, on the 6T" day of March,
2016.
Witness my hand and seal this 6t" day of March, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 1
SERIES 2016
AN ORDINANCE AMENDING THE DEFINITION OF SHORT-TERM RENTAL IN
THE VAIL TOWN CODE
WHEREAS, Section 12-2-2 of the Vail Town Code defines a short-term rental as a rental for
a period of time not exceeding 31 days;
WHEREAS, Section 4-1-2 of the Vail Town Code defines short-term rental as a rental for a
period of time not exceeding 30 days; and
WHEREAS, the Town Council desires to amend Section 12-2-2 to ensure consistency in the
Vail Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as follows:
SHORT TERM RENTAL: Shall be deemed to be a rental for a period not exceeding
thirty G� (30) days.
Section 2. Severability. If any part, section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of
the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 3. Retroactivity. The amendment of any provision of the Town Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 4. Repeal. 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 March, 2016 and a public hearing for second
reading of this Ordinance is set for the 5th day of April, 2016, in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 1, Series of 2016
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING, AND
ORDERED PUBLISHED IN FULL this 5" day of April, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 1, Series of 2016
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
2016, on the Town of Vail's web site, www.vailgov.com, on the 6T" day of
January, 2016.
Witness my hand and seal this 6t" day of January, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 2
Series of 2016
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN
CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO
ALLOW FOR A ZONING CODE TEXT AMENDMENT TO ALLOW FOR RELIGIOUS
INSTITUTIONS AS A CONDITIONAL USE IN ALL ZONE DISTRICTS EXCEPT THE
FOLLOWING DISTRICTS: HEAVY SERVICE (HS); OUTDOOR RECREATION (OR);
NATURAL AREA PRESERVATION (NAP); HILLSIDE RESIDENTIAL (HR); SINGLE
FAMILY RESIDENTIAL (SFR); TWO-FAMILY RESIDENTIAL (R); TWO-FAMILY
PRIMARY/SECONDARY (PS); HOUSING (H); VAIL VILLAGE TOWNHOMES (VVT);
AND ARTERIAL BUSINESS (ABD); AMENDING THE DEFINITION OF RELIGIOUS
INSTITUTIONS, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has held public hearings on the proposed amendments on November 9, 2015 and
December 14, 2015 in accordance with the provisions of the Vail Town Code;
WHEREAS, the Planning and Environmental Commission recommended
approval of these amendments at its December 14, 2015 meeting, and has submitted
its recommendation to the Council;
WHEREAS, the Council finds that the proposed amendments are consistent with
the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and are compatible with the development objectives of the Town;
WHEREAS, the Council finds that the proposed amendments further the general
and specific purposes of Title 12, Zoning Regulations, Vail Town Code;
WHEREAS, the Council finds that the proposed amendments promote the
health, safety, morals, and general welfare of the Town and promote the coordinated
and harmonious development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality;
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 establish additional zoning districts that will allow for
Religious Institutions, thereby improving the ability to locate Religious Institutions in the
Town and helping bring the Vail Town Code into greater compliance the Religious Land
Use and Institutionalized Persons Act.
Language added is shown in bold, and language proposed for removal is shown as
strikethreug4.
Section 2. Section 12-2-2 DEFINITIONS OF WORDS AND TERMS, Vail Town Code,
is hereby amended as follows:
RELIGIOUS INSTITUTION: A building or portion of a building used
primarily for public worship by any number of congregations, along with
those incidental and secondary uses such as a dwelling unit for
members of the clergy or other spiritual leaders, office space,
meeting rooms, and classrooms for religious education and
community meeting space, but excluding buildings used exclusively for
residential, educational, recreational or other uses not associated with
public worship. Includes churches, chapels, cathedrals, temples, and
similar designations.
Section 3. Section 12-6E-3 CONDITIONAL USES is hereby amended as follows:
12-6E-3 CONDITIONAL USES: The following conditional uses shall be
permitted in the RC district, subject to the issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this tile:
Religious institutions.
Section 4. Section 12-6F-3 CONDITIONAL USES is hereby amended as follows:
12-6E-3 CONDITIONAL USES: The following conditional uses shall be
permitted in the LDMF district, subject to the issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this tile:
Religious institutions.
Section 5. Section 12-6G-3 CONDITIONAL USES is hereby amended as follows:
12-6G-3 CONDITIONAL USES: The following conditional uses shall be
permitted in the MDMF district, subject to the issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this tile:
Religious institutions.
Section 6. Section 12-6H-3 CONDITIONAL USES is hereby amended as follows:
12-6H-3 CONDITIONAL USES: The following conditional uses shall be
permitted in the HDMF district, subject to the issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this tile:
Religious institutions.
Section 7. Section 12-7B-2 PERMITTED AND CONDITIONAL USES; BASEMENT
OR GARDEN LEVEL is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted in basement or
garden levels within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Religious institutions.
Section 8. Section 12-713-4 PERMITTED AND CONDITIONAL USES; SECOND
FLOOR is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted on second
floors, subject to the issuance of a conditional use permit in accordance
with the provisions of chapter 16 of this title:
Religious institutions.
Section 9. Section 12-7C-4 CONDITIONAL USES; GENERALLY is hereby amended
as follows:
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of chapter 16 of
this title:
Religious institutions.
Section 10. Section 12-7D-2: CONDITIONAL USES is hereby amended as follows:
The following conditional uses shall be permitted in the commercial core 3
district, subject to issuance of a conditional use permit in accord with the
provisions of chapter 16 of this title:
Religious institutions.
Section 11. Section 12-7E-4: CONDITIONAL USES is hereby amended as follows:
The following conditional uses shall be permitted in the CSC district,
subject to issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Religious institutions.
Section 12. Section 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT
OR GARDEN LEVEL is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted in basement or
garden levels within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Religious institutions.
Section 13. Section 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST
FLOOR OR STREET LEVEL is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted on the first floor
or street level floor within a structure, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Religious institutions.
Section 14. Section 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND
FLOOR AND ABOVE: is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted on second
floors and higher above grade, subject to the issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Religious institutions.
Section 15. Section 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT
OR GARDEN LEVEL: is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted in basement or
garden levels within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Religious institutions.
Section 16. Section 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR
OR STREET LEVEL: is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted on the first floor
or street level floor within a structure, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Religious institutions.
Section 17. Section 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND
FLOOR AND ABOVE: is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted on second
floors and higher above grade, subject to the issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Religious institutions.
Section 18. Section 12-7J-3: CONDITIONAL USES: is hereby amended as follows:
The following conditional uses shall be permitted in the PA -2 district,
subject to issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Religious institutions.
Section 19. Section 12-8D-3 CONDITIONAL USES: is hereby amended as follows:
The following conditional uses shall be permitted in the ski base/recreation
district, subject to the issuance of a conditional use permit in accordance
with the provisions of chapter 16 of this title:
Religious Institutions.
Section 20. Section 12-8E-3 CONDITIONAL USES: is hereby amended as follows:
The following conditional uses shall be permitted in the ski base/recreation
2 district, subject to the issuance of a conditional use permit in accordance
with the provisions of chapter 16 of this title:
Religious institutions.
Section 21. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 22. 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 23. 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 24. 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 January,
2016 and a public hearing for second reading of this Ordinance set for the 19th day of
January, 2016, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building,
Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
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
2016, on the Town of Vail's web site, www.vailgov.com, on the 20TH day of
January, 2016.
Witness my hand and seal this 20th day of January, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 2
Series of 2016
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN
CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO
ALLOW FOR A ZONING CODE TEXT AMENDMENT TO ALLOW FOR RELIGIOUS
INSTITUTIONS AS A CONDITIONAL USE IN ALL ZONE DISTRICTS EXCEPT THE
FOLLOWING DISTRICTS: HEAVY SERVICE (HS); OUTDOOR RECREATION (OR);
NATURAL AREA PRESERVATION (NAP); HILLSIDE RESIDENTIAL (HR); SINGLE
FAMILY RESIDENTIAL (SFR); TWO-FAMILY RESIDENTIAL (R); TWO-FAMILY
PRIMARY/SECONDARY (PS); HOUSING (H); VAIL VILLAGE TOWNHOMES (VVT);
AND ARTERIAL BUSINESS (ABD); AMENDING THE DEFINITION OF RELIGIOUS
INSTITUTIONS, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has held public hearings on the proposed amendments on November 9, 2015 and
December 14, 2015 in accordance with the provisions of the Vail Town Code;
WHEREAS, the Planning and Environmental Commission recommended
approval of these amendments at its December 14, 2015 meeting, and has submitted
its recommendation to the Council;
WHEREAS, the Council finds that the proposed amendments are consistent with
the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and are compatible with the development objectives of the Town;
WHEREAS, the Council finds that the proposed amendments further the general
and specific purposes of Title 12, Zoning Regulations, Vail Town Code;
WHEREAS, the Council finds that the proposed amendments promote the
health, safety, morals, and general welfare of the Town and promote the coordinated
and harmonious development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality;
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 establish additional zoning districts that will allow for
Religious Institutions, thereby improving the ability to locate Religious Institutions in the
Town and helping bring the Vail Town Code into greater compliance the Religious Land
Use and Institutionalized Persons Act.
Language added is shown in bold, and language proposed for removal is shown as
strikethreug4.
Section 2. Section 12-2-2 DEFINITIONS OF WORDS AND TERMS, Vail Town Code,
is hereby amended as follows:
RELIGIOUS INSTITUTION: A building or portion of a building used
primarily for public worship by any number of congregations, along with
those incidental and secondary uses such as a dwelling unit for
members of the clergy or other spiritual leaders, office space,
meeting rooms, and classrooms for religious education and
community meeting space, but excluding buildings used exclusively for
residential, educational, recreational or other uses not associated with
public worship. Includes churches, chapels, cathedrals, temples, and
similar designations.
Section 3. Section 12-6E-3 CONDITIONAL USES is hereby amended as follows:
12-6E-3 CONDITIONAL USES: The following conditional uses shall be
permitted in the RC district, subject to the issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this tile:
Religious institutions.
Section 4. Section 12-6F-3 CONDITIONAL USES is hereby amended as follows:
12-6E-3 CONDITIONAL USES: The following conditional uses shall be
permitted in the LDMF district, subject to the issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this tile:
Religious institutions.
Section 5. Section 12-6G-3 CONDITIONAL USES is hereby amended as follows:
12-6G-3 CONDITIONAL USES: The following conditional uses shall be
permitted in the MDMF district, subject to the issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this tile:
Religious institutions.
Section 6. Section 12-6H-3 CONDITIONAL USES is hereby amended as follows:
12-6H-3 CONDITIONAL USES: The following conditional uses shall be
permitted in the HDMF district, subject to the issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this tile:
Religious institutions.
Section 7. Section 12-7B-2 PERMITTED AND CONDITIONAL USES; BASEMENT
OR GARDEN LEVEL is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted in basement or
garden levels within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Religious institutions.
Section 8. Section 12-713-4 PERMITTED AND CONDITIONAL USES; SECOND
FLOOR is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted on second
floors, subject to the issuance of a conditional use permit in accordance
with the provisions of chapter 16 of this title:
Religious institutions.
Section 9. Section 12-7C-4 CONDITIONAL USES; GENERALLY is hereby amended
as follows:
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of chapter 16 of
this title:
Religious institutions.
Section 10. Section 12-7D-2: CONDITIONAL USES is hereby amended as follows:
The following conditional uses shall be permitted in the commercial core 3
district, subject to issuance of a conditional use permit in accord with the
provisions of chapter 16 of this title:
Religious institutions.
Section 11. Section 12-7E-4: CONDITIONAL USES is hereby amended as follows:
The following conditional uses shall be permitted in the CSC district,
subject to issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Religious institutions.
Section 12. Section 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT
OR GARDEN LEVEL is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted in basement or
garden levels within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Religious institutions.
Section 13. Section 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST
FLOOR OR STREET LEVEL is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted on the first floor
or street level floor within a structure, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Religious institutions.
Section 14. Section 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND
FLOOR AND ABOVE: is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted on second
floors and higher above grade, subject to the issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Religious institutions.
Section 15. Section 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT
OR GARDEN LEVEL: is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted in basement or
garden levels within a structure, subject to issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Religious institutions.
Section 16. Section 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR
OR STREET LEVEL: is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted on the first floor
or street level floor within a structure, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Religious institutions.
Section 17. Section 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND
FLOOR AND ABOVE: is hereby amended as follows:
B. Conditional Uses: The following uses shall be permitted on second
floors and higher above grade, subject to the issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title:
Religious institutions.
Section 18. Section 12-7J-3: CONDITIONAL USES: is hereby amended as follows:
The following conditional uses shall be permitted in the PA -2 district,
subject to issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Religious institutions.
Section 19. Section 12-8D-3 CONDITIONAL USES: is hereby amended as follows:
The following conditional uses shall be permitted in the ski base/recreation
district, subject to the issuance of a conditional use permit in accordance
with the provisions of chapter 16 of this title:
Religious Institutions.
Section 20. Section 12-8E-3 CONDITIONAL USES: is hereby amended as follows:
The following conditional uses shall be permitted in the ski base/recreation
2 district, subject to the issuance of a conditional use permit in accordance
with the provisions of chapter 16 of this title:
Religious institutions.
Section 21. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 22. 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 23. 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 24. 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 January,
2016 and a public hearing for second reading of this Ordinance set for the 19th day of
January, 2016, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building,
Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND
READING, AND ORDERED PUBLISHED IN FULL this 19th day of January, 2016
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 4 Series of
2016, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of March,
2016.
Witness my hand and seal this 3rd day of March, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 4
Series of 2016
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN
CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, AMENDING SECTIONS 12-
6C-8 AND 12-6D-8, TO PROVIDE AN EXCEPTION TO THE MINIMUM LOT SIZE FOR
PROPERTIES IN THE TWO-FAMILY RESIDENTIAL (R) AND THE TWO-FAMILY
PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICTS, AND SETTING FORTH
DETAILS IN REGARD THERETO..
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has held a public hearing on the proposed amendment on February 8, 2016 in
accordance with the provisions of the Vail Town Code;
WHEREAS, the Planning and Environmental Commission recommended
approval of these amendments at its February 8, 2016 meeting, and has submitted its
recommendation to the Council;
WHEREAS, the Council finds that the proposed amendments are consistent with
the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and are compatible with the development objectives of the Town;
WHEREAS, the Council finds that the proposed amendments further the general
and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and
WHEREAS, the Council finds that the proposed amendments promote the
health, safety, morals, and general welfare of the Town and promote the coordinated
and harmonious development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Purpose
The purpose of this ordinance is amend Title 12, Sections 12-6C-8 and 12-6D-8, to
Ordinance No. 4, Series 2016
-1-
provide an exception to the minimum lot size for properties in the Two -Family
Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that
were annexed into the Town of Vail with two dwelling units and are now nonconforming
due to lot size requirements.
Language added is shown in bold.
Section 2. Section 12-6C-8: DENSITY CONTROL, Vail Town Code, is hereby
amended as follows:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be
permitted on each site with only one dwelling unit permitted on existing lots
less than fourteen thousand (14, 000) square feet.
1. Exception: Properties that meet all of the following three (3)
conditions shall be permitted a total of two (2) dwelling units on
existing lots less than fourteen thousand (14,000) square feet.
a. The property was annexed into the Town of Vail with two (2)
existing dwelling units on a lot less than fourteen thousand
(14,000) square feet.
b. The property as of April 1, 2016 contained two (2) dwelling
units on a lot less than fourteen thousand (14,000) square feet.
c. At no time between the property's annexation and April 1, 2016
did the property contain less than two (2) dwelling units.
2. Discontinuance of Exception: If at any time any property as
described above develops or redevelops with only one (1) dwelling
unit, this exception for the allowance of two (2) units shall no longer
be valid for such property.
Section 3. Section 12-6D-8: DENSITY CONTROL, Vail Town Code, is hereby
amended as follows:
Ordinance No. 4, Series 2016
-2-
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be
permitted on each site with only one dwelling unit permitted on existing lots
less than fourteen thousand (14, 000) square feet.
1. Exception: Properties that meet all of the following three (3)
conditions shall be permitted a total of two (2) dwelling units on
existing lots less than fourteen thousand (14,000) square feet.
a. The property was annexed into the Town of Vail with two (2)
existing dwelling units on a lot less than fourteen thousand
(14,000) square feet.
b. The property as of April 1, 2016 contained two (2) dwelling
units on a lot less than fourteen thousand (14,000) square feet.
c. At no time between the property's annexation and April 1, 2016
did the property contain less than two (2) dwelling units.
2. Discontinuance of Exception: If at any time any property as
described above develops or redevelops with only one (1) dwelling
unit, this exception for the allowance of two (2) units shall no longer
be valid for such property.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the 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 of Vail and the
inhabitants thereof.
Section 6. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
Ordinance No. 4, Series 2016
-3-
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of March,
2016 and a public hearing for second reading of this Ordinance set for the 15th day of
March, 2016, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 15th day of March, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 4, Series 2016
-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. 4 Series of
2016, on the Town of Vail's web site, www.vailgov.com, on the 16th day of
March, 2016.
Witness my hand and seal this 16th day of March, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 4
Series of 2016
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN
CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, AMENDING SECTIONS 12-
6C-8 AND 12-6D-8, TO PROVIDE AN EXCEPTION TO THE MINIMUM LOT SIZE FOR
PROPERTIES IN THE TWO-FAMILY RESIDENTIAL (R) AND THE TWO-FAMILY
PRIMARY/SECONDARY RESIDENTIAL (PS) DISTRICTS, AND SETTING FORTH
DETAILS IN REGARD THERETO..
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has held a public hearing on the proposed amendment on February 8, 2016 in
accordance with the provisions of the Vail Town Code;
WHEREAS, the Planning and Environmental Commission recommended
approval of these amendments at its February 8, 2016 meeting, and has submitted its
recommendation to the Council;
WHEREAS, the Council finds that the proposed amendments are consistent with
the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and are compatible with the development objectives of the Town;
WHEREAS, the Council finds that the proposed amendments further the general
and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and
WHEREAS, the Council finds that the proposed amendments promote the
health, safety, morals, and general welfare of the Town and promote the coordinated
and harmonious development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Purpose
The purpose of this ordinance is amend Title 12, Sections 12-6C-8 and 12-6D-8, to
Ordinance No. 4, Series 2016
-1-
provide an exception to the minimum lot size for properties in the Two -Family
Residential (R) and the Two -Family Primary/Secondary Residential (PS) Districts that
were annexed into the Town of Vail with two dwelling units and are now nonconforming
due to lot size requirements.
Language added is shown in bold.
Section 2. Section 12-6C-8: DENSITY CONTROL, Vail Town Code, is hereby
amended as follows:
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be
permitted on each site with only one dwelling unit permitted on existing lots
less than fourteen thousand (14, 000) square feet.
1. Exception: Properties that meet all of the following three (3)
conditions shall be permitted a total of two (2) dwelling units on
existing lots less than fourteen thousand (14,000) square feet.
a. The property was annexed into the Town of Vail with two (2)
existing dwelling units on a lot less than fourteen thousand
(14,000) square feet.
b. The property as of April 1, 2016 contained two (2) dwelling
units on a lot less than fourteen thousand (14,000) square feet.
c. At no time between the property's annexation and April 1, 2016
did the property contain less than two (2) dwelling units.
2. Discontinuance of Exception: If at any time any property as
described above develops or redevelops with only one (1) dwelling
unit, this exception for the allowance of two (2) units shall no longer
be valid for such property.
Section 3. Section 12-6D-8: DENSITY CONTROL, Vail Town Code, is hereby
amended as follows:
Ordinance No. 4, Series 2016
-2-
A. Dwelling Units: Not more than a total of two (2) dwelling units shall be
permitted on each site with only one dwelling unit permitted on existing lots
less than fourteen thousand (14, 000) square feet.
1. Exception: Properties that meet all of the following three (3)
conditions shall be permitted a total of two (2) dwelling units on
existing lots less than fourteen thousand (14,000) square feet.
a. The property was annexed into the Town of Vail with two (2)
existing dwelling units on a lot less than fourteen thousand
(14,000) square feet.
b. The property as of April 1, 2016 contained two (2) dwelling
units on a lot less than fourteen thousand (14,000) square feet.
c. At no time between the property's annexation and April 1, 2016
did the property contain less than two (2) dwelling units.
2. Discontinuance of Exception: If at any time any property as
described above develops or redevelops with only one (1) dwelling
unit, this exception for the allowance of two (2) units shall no longer
be valid for such property.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the 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 of Vail and the
inhabitants thereof.
Section 6. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
Ordinance No. 4, Series 2016
-3-
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of March,
2016 and a public hearing for second reading of this Ordinance set for the 15th day of
March, 2016, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 15th day of March, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 4, Series 2016
-4-
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 5 Series of
2016, on the Town of Vail's web site, www.vailgov.com, on the 16th day of
March, 2016.
Witness my hand and seal this 16th day of March, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO.5
SERIES OF 2016
AN ORDINANCE AMENDING ORDINANCE NO. 5, SERIES OF 2008, IN
ACCORDANCE WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL
TOWN CODE, TO ALLOW FOR A MAJOR AMENDMENT TO SPECIAL
DEVELOPMENT DISTRICT NO. 4, VAIL CASCADE SUBDIVISION; AND TO
AMEND AND RE-ESTABLISH THE APPROVED DEVELOPMENT STANDARDS
FOR AREA A, CASCADE VILLAGE TO ALLOW FOR THE DEVELOPMENT OF
A MIXED USE DEVELOPMENT, LOCATED AT 1300 WESTHAVEN DRIVE; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-10 of the Vail Town Code (the "Code")
Z^^�,,,,,g Regy'a+�s permits major amendments to previously approved
development plans for Special Development Districts; aPA
WHEREAS, Ordinance No. 5, Series of 2008, repealed and re-enacted
Ordinance No. 10, Series of 2008, to amend and re-establish the approved
development plan for Area A, Cascade Village, SDD No. 4, to allow for certain
additions to the "Vail Cascade Hotel Site", located at 1300 Westhaven Drive,
Cascade Village; aft
WHEREAS, the purpose of this ordinance is to amend Ordinance No. 5,
Series of 2008, to amend and re-establish the development standards for
Development Area A, Cascade Village and to amend and re-establish the site
specific development plan for the "Cascade Village" within Development Area
A to allow for the reduction in accommodation units; and
WHEREAS, to the extent that there are any previous site specific
development plan approvals or development standards established for the
"Cascade Village", this ordinance shall is intended to SpeGifiGally supersede and
otherwise cause any previous site specific development plan approvals or
development standards for the "Cascade Village" to become null and void; and,
WHEREAS, any and all site specific development plans and development
standards approved and/or established for planning areas and sites within SDD No. 4, not
specifically affected by this ordinance, shall remain valid and in full effect; and
WHEREAS, in accordance with the provisions outlined in the Code ZGRORg
Regula I the Planning and Environmental Commission (the "PEC") held a public
hearing on the major amendment application and has submitted its recommendation of
approval to the Vail Town Council (the "Council"); and
WHEREAS, all notices as required by the Vail TGWR Code have been sent to the
appropriate parties; and
WHEREAS, on February 28, 2016, the PEC PInnniRg and Cn"irGnmontal Gemmicc inn
of the TOWR of held a public hearing and reviewed and forwarded a recommendation of
approval, with conditions, for the proposed major amendments to Special Development
District No. 4, Cascade Village, to the Vail Council in accordance with the procedures
and criteria and findings outlined in Title 12, Zoning Regulations, of the Vail TeWR Code; apd,
WHEREAS, the Vail awn Council finds that the major amendment is consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the
Vail Comprehensive Plan and is compatible with the development objectives of the Town,
based upon the review outlined in Section VIII of the Staff's February 8, 2016,
memorandum to the PEC Dlanninry and ERVirnnmental GerRM100V1n' and as outlined in the
Staff's March 15, 2016, memorandum to the Vail Town Council, and the evidence and
testimony presented; and,
WHEREAS, the Van! TeR Council finds that the amendment does further the
general and specific purposes of the Zoning Regulations, based upon the review outlined in
Section VIII of the Staff's February 8, 2016, memorandum to the PEC PlaRRing�79g--`prnrQ
Environmental Commission and as outlined in Section IV of the Staff's March 15, 2016,
memorandum to the Vail TGWR Council, and the evidence and testimony presented; a44d-,
WHEREAS, the Vail TGWR Council finds that the major amendment promotes the
health, safety, morals, and general welfare of the Town, and promotes the coordinated
and harmonious development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community of
the highest quality, based upon the review outlined in Section VIII of the Staff's February 8,
2016, memorandum to the PEC planning and ERVOFE)RmeRtal GE)MM.SSOOR and as outlined in
the Staff's March 15, 2015, memorandum to the Vail Town Council, and the evidence and
testimony presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
(Note: Language proposed to be removed from Ordinance No. 5, Series of 2016 is
shown in str eth -eugh; language proposed to be added is shown in bold.)
Section 1. Special Development District No. 4, Cascade Village is hereby amended
and re-established as follows:
Purpose
Special Development District No. 4 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 and recreational amenities, and
promote the objectives of the Vail Comprehensive Plan. Special Development District
No. 4 is created to ensure that the development density will be relatively low and
suitable for the area and the vicinity in which it is situated, the development is
regarded as complementary to the Town by the Town Council and the Planning and
Environmental Commission, and because there are significant aspects of the Special
Development District which cannot be satisfied through the imposition of standard
zoning districts on the area.
Definitions
Forthe purposes of this ^ham Special Development District, the following definitions
shall apply:
A. "Special attraction" shall be defined as a museum, seminar or research center
or performing arts theater or cultural center.
B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as
a dwelling unit located in a multi -family dwelling that is managed as a short
term rental in which all such units are operated under a single management
providing the occupants thereof customary hotel services and facilities. A short
term rental shall be deemed to be a rental for a period of time not to exceed 31
days. Each unit shall not exceed 645 square feet of GRFA which shall include a
kitchen having a maximum of 35 square feet. The kitchen shall be designed
so that it may be locked and separated from the rest of the unit in a closet. A
transient dwelling unit shall be accessible from common corridors, walks, or
balconies without passing through another accommodation unit, dwelling unit,
or a transient residential dwelling unit. Should such units be developed as
condominiums, they shall be restricted as set forth in Section 13-7
Condominiums and Condominium Conversions, Subdivision Regulations. The
unit shall not be used as a permanent residence. Fractional fee ownership shall
not be allowed to be applied to transient dwelling units. For the purposes of
determining allowable density per acre, transient residential dwelling units
shall be counted as one half (1/2) of a dwelling unit. The transient residential
dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space
per each 100 square feet of GRFA with a maximum of 1.0 space per unit.
Established
A. Special Development District No. 4 is established for the development on a
parcel of land comprising 97.955 acres and Special Development District No. 4
and the 97.955 acres may be referred to as "SDD No. 4."
B. The district shall consist of five separate development areas, as identified in this
ordinance consisting of the following approximate sizes:
Area Known As Development Area Acreage
Cascade Village
A
17.955
Coldstream Condominiums
B
4.000
Glen Lyon Primary/Secondary and Single Family Lots
C
29.100
Glen Lyon Commercial Site
D
1.800
Tract K
E
8.322
Dedicated Open Space
32.078
Roads
4.700
TOTAL
97.955
Development Plan Required—Approval Procedure
Each development area with the exception of Development Areas A and D shall be
subject to a single development plan. Development Area A shall be allowed to have twe
individual development plans for the Cascade Club, Cascade Hotel, CMC/Cascade
Residences, Cornerstone, Liftside, Millrace, and Westhaven s+te sites as approved
by the TOWR Council. The Liftside COR dOMinii MS B iilydiRg and (`OFReFStnne�tes c�IR
be allowed GRe develeprReRt plaR ear Development Area D shall be allowed to
develop per the approved phasing plans as approved by the Town Council. A
development plan for Development Area E shall be established through the review and
approval of a design review application and/or conditional use permit application. The
developer shall have the right to proceed with the development plans or scenarios as
defined in the development statistics section of this ordinance. Amendments to SDD
No. 4 shall comply with Section 12-9A, Vail Town Code.
Permitted Uses
A. Area A. Cascade Village
1. First floor commercial uses shall be limited to uses listed in Section 12-713-
3, (Commercial Core 1), Vail Town Code, except for in the Cascade
Residences building, where office uses shall be permitted on the first floor.
The "first floor" or "street level" shall be defined as that floor of the building
that is located at grade or street level;
2. All other floor levels besides first floor street level may include retail,
theater, restaurant, educational, and office except that no professional or
business office shall be located on street level or first floor, with the
exception noted above, unless it is clearly accessory to a lodge or
educational institution except for an office space having a maximum square
footage of 925 square feet located on the first floor on the northwest corner
of the Plaza Conference Center building;
3. Lodge;
4. Multi -family dwelling;
5. Single Family dwelling;
6. Primary/Secondary dwelling;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 12-13 of the Vail Town Code;
9. Cascade Club addition of a lap pool or gymnasium.
B. Area B, Coldstream Condominiums
1. Two-family dwelling;
2. Multi -family dwelling.
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
1. Single family dwelling;
2. Two-family dwelling.
3. Type 11 Employee Housing Unit (EHU) per Chapter 12-13, of the Vail Town
Code.
D. Area D. Glen Lyon Commercial Site
1. Business and professional offices;
2. Employee dwelling as defined in Section 12-13 of the Vail Town Code.
E. Area E, Tract K
1. Bicycle and pedestrian paths.
2. Interpretive naturewalks.
3. Nature preserves.
4. Passive outdoor recreation areas and open spaces.
Conditional Uses
Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16,
Conditional Use Permits, Vail Town Code.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet;
2. Special attraction;
3. Ski lifts;
4. Public Park and recreational facilities;
5. Major arcades with no frontage on any publicway, street, walkway or mall
area;
6. Transportation Business;
7. Temporary Useefthe Tennis FaGilityfer Genf ereeneo and GORyen t+eno
B. Area B, Coldstream Condominiums
1. Public Park and recreational facilities;
2. Ski lifts.
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
1. Public parkand recreational facilities;
2. Ski lifts.
D. Area D, Glen Lyon Commercial Site
1. Micro -brewery as defined in Chapter 12-2, Vail Town Code.
E. Area E, Tract K
1. Public parks;
2. Public utility and publicservice uses;
3. Access roads;
4. Ski lifts and tows;
5. Ski trails;
6. Snowmaking facilities;
7. Other uses customarily incidental and accessory to permitted and
conditional uses and necessary for the operation thereof, with the
exception of buildings.
Accessory Uses
A. Area A. Cascade Village
1. Minor arcade;
2. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Vail Town
Code;
3. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses;
4. Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof. This shall include spas,
salons and fitness centers located within the Vail Cascade Resort
and Spa.
B. Area B, Coldstream Condominiums
1. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Vail Town
Code;
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses. Other uses customarily incidental and
accessory to permitted or conditional uses, and necessary for the operation
thereof.
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
1. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Vail Town
Code;
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses;
3. Other uses customarily incidental and accessory to permitted or conditional
uses, and necessaryfor the operation thereof.
D. Area D, Glen Lyon Commercial Site
1. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Vail Town
Code.
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses.
3. Other uses customarily incidental and accessory to permitted or conditional
uses, and necessaryforthe operation thereof.
4. Minor arcade.
Location of Business Activity
A. All offices, businesses, and shall be operated and conducted entirely within a
building, except for permitted unenclosed parking or loading areas, and the
outdoor display of goods.
B. The area to be used for outdoor display must be located directly in front of the
establishment displaying the goods and entirely upon the establishment's own
property. Sidewalks, building entrances and exits, driveways and streets shall not
beobstructed by outdoor display.
Density- Dwelling Units
The number of dwelling units shall not exceed the following:
A. Area A, Cascade Village
In Area A, a total of twe hYRdred eight„ eight (288) two hundred eighty five
(285) accommodation or transient dwelling units and a maximum of one hundred
thirty one (131) dwelling units for a total density of two hi Rdred sever ty five (275)
two hundred seventy three point five (273.5) dwelling units.
B. Area B, Coldstream Condominiums
Sixty-five(65)dwelling units
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
One -hundred four (104) dwelling units.
D. Area D, Glen Lyon Commercial Site
Three dwelling units, two of which shall be employee housing units (EHUs) as
defined within Chapter 12-13, Vail Town Code.
Density --Floor Area
A. Area A, Cascade Village
The gross residential floor area (GRFA) for all buildings shall not exceed 356,680
354,837 squarefeet.
B. Area B, Coldstream Condominiums
Sixty-five thousand square feet (65,000 sq. ft.) GRFA.
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
GRFA shall be calculated for each lot based on the Two -Family
Primary/Secondary Residential District, per Section 12-6D-8 Density Control, Vail
Town Code.
D. Area D, Glen Lyon Commercial Site
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements.
Commercial Square Footage
A. Area A, Cascade Village
Area A shall not exceed 35,698 41,238 square feet of commercial area.
B. Area D, Glen Lyon Commercial Site
The development plan for this area has expired. See Ordinance No. 8, Series of
1998for previous requirements.
TABLE 1: AREA A PARKING & DEVELOPMENT STATISTICS
This tablei'sTGOmna iloiOR 'Chart 1' and 'Chart 7' in QrrdiRaRGe N���
�,
Series s of 2007, ; 'Table 1: Area 4 Dorking & Deveopm t StQiiiStiirc' Orvrinanrre No 10-
Multiple Use GFedit (101% of reguireid\ 45.4
Total Regi Direr! Dorking in GaSGalde StF G ire 498.7
Total Dorking Qnones Provided in Dorking StF G ire 424
Total Surplus is Dorking Snores in Dorking Con infi ire 42,3
This table is an accounting of development and parking allowances / requirements for Area A:
Use
Dwelling
Accommodation
Square
EHUs
Commercial
On Site
Cascade
Units
Units
Feet
Square Feet
Parking
Parking
Structure
Spaces
Liftside
29
48,600
2
56
Condos
(formerly
Waterford
Westhaven
13
32,000
29
Condominiums
Millrace
39
47,984
64
Phase I, II, IV
The Cascades
6
11,987
12
(formerly
Millrace III
Cascade
22
47,151
13
16
Residences
approved
Blue Tiger
1,600
13.3
Restaurant
(Empty)
Office/Retail
5,061
16.3
Cascade Hotel
145
53,434
111
Hotel
3,250
27.1
Restaurant
Hotel Market
1,095
3.65
Hotel Retail
1,096
3.65
Hotel Spa
5,800
19.3
Hotel Salon
650
2.2
Terrace
120
58,069
105
Rooms
Terrace Retail
5,856
20
Plaza Rooms
20
7,205
16
Plaza Retail
2,024
7
Plaza
8,297
35
Conference
Fitness Club
5,886
30
Cornerstone
22
0
48,407
4
623
56
0
Total
131
285
354,837
6
41,238
230
425.5
Multiple Use Credit (10% of required)
-42.5
Total Required Parking in Cascade Parking Structure
383
Total Parking Spaces Provide in Cascade Parking Structure
421
Total Surplus Parking Spaces in Cascade Parking Structure
38
GRFA includes DU and AU square footage. EHUs do not count towards GRFA in SDD #4.
Vail Cascade Resort and Spa (Cascade Hotel) has approval under separate permit to add 77
parking spaces on the upper level of the Cascade Club building, by Minor Amendment granted in
December 2015, which is not included in this accounting of parking spaces.
26 of the surplus parking spaces in the Cascade Parking Structure are reserved for use by the
Cascade Resort and Spa (Hotel) to accommodate future changes in use or expansions that may
require parking.
Development Plans
Area A, Cascade Village
Site specific development plans are approved for Area A. The following documents comprise the
development plan for the SDD as a whole, Liftside Condominiums Building (formerly known as
Waterford), Cascade Residences (formerly known as the "CMC Building"), Cornerstone, Cascade
Club Addition Scenario 1 and 2, and Millrace IV:
1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson.
2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz.
3. Waterford, Sheet#2.1, dated 11-13-92, Plan Level 38/43'3", Gwathmey, Pratt, Schultz.
4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt,
Schultz.
5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt,
Schultz.
6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt,
Schultz.
7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt,
Schultz.
8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz.
9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz.
10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz.
11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz.
12. Waterford, Sheet#2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schultz.
13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz.
14. Waterford, Sheet#3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz.
15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz.
16. Waterford, Sheet#4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz.
17. Waterford, Sheet#4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz.
18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz.
20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz.
22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
23. Cascade Club Addition Site Plan, Roma, 10/10/88.
24. Cascade Club Floor Plan, Roma, 10/10/88.
25. Millrace III, Sheet#1, dated 5/6/93, Site Plan, Steven James Riden.
26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven
James Riden.
27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven
James Riden.
28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven
James Riden.
29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven
James Riden.
30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden.
31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt,
10/28/91.
32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt,
10/22/91.
33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt,
10/23/91.
34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson
Associates
35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped.
36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner,
6/8/87.
37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88.
38. Cascade Village Special Development District Amendment and Environmental
Impact Report: Peter Jamar Associates, Inc., revised 11 /22/88.
39. Topographic Map, Inter -Mountain Engineering, Ltd, 12/1/94.
40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92.
41. The Approved Development Plan for Area A, Westhaven Condominiums,
containing the following Sheets:
Dwg.#
Title
Author
Date
A-1.0
Title Sheet
Morter Architects
03-15-05
A-1.1
Vicinity Map
Morter Architects
01-31-05
A-1.2
GRFA Summary
Morter Architects
03-15-05
A-1.3
Spring Equinox Sun Shading
Morter Architects
01-31-05
A-1.4
Summer Solstice Sun Shading
Morter Architects
01-31-05
A-1.5
Fall Equinox Sun Shading
Morter Architects
01-31-05
A-1.6
Winter Solstice Sun Shading
Morter Architects
01-31-05
A-1.7
Site Plan
Morter Architects
03-15-05
C001
Cover Sheet
AI ine En ineerin
03-14-05
C002
Grading Plan (West Half)
Alpine Engineering
03-14-05
C003
Grading Plan (East Half)
Alpine Engineering
03-14-05
C004
Storm Drainage Plan
Alpine En ineerin
03-14-05
C005
Grading and Drainage Details
Alpine Engineering
03-14-05
C006
Utility Plan
Alpine Engineering
03-14-05
C007
Utility Details
Alpine Engineering
03-14-05
C008
Demolition Plan
Alpine Engineering
03-14-05
L-1
Landscape Plan
Dennis Anderson
03-15-05
L-2
Landscape Plan -Cascade Club
Dennis Anderson
03-15-05
A2.0
Parking Level Plan
Morter Architects
03-15-05
A2.1
First Floor Plan
Morter Architects
03-15-05
A2.2
Second Level Plan
Morter Architects
03-15-05
A2.3
Third Level Plan
Morter Architects
03-15-05
A2.4
Fourth Level Plan
Morter Architects
03-15-05
A2.5
Roof Plan
Morter Architects
03-15-05
AM
Building A Elevations
Morter Architects
03-15-05
A3.2
Building B Elevations
Morter Architects
03-15-05
A4.0
Building Sections
Morter Architects
02-14-05
A4.1
Building Sections
Morter Architects
02-14-05
A4.2
Building Sections
Morter Architects
02-14-05
42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets:
Dwg.#
Title
Author
Date
-2.20
Second Floor Plan
RKDArchitects
01-28-07
-2.30
Third Floor Plan
RKDArchitects
01-28-07
-2.40
Fourth Floor Plan
RKD Architects
01-28-07
A-2.50
Fifth Floor Plan
RKD Architects
01-28-07
-3.10
East and North Building Elevations
RKDArchitects
01-28-07
-3.20
West and South Building Elevations
RKD Architects
01-28-07
43. Approved Development Plan for Area A, Cornerstone Site, containing the following sheets:
Dwg.
Title
Author
Date
L1
Landscape Plan
Dennis Anderson
06-20-08
S1
Schematic Bus Turnaround
Alpine Engineering
06-03-08
A -2.00a
Site Plan
GPSL Architects, P.C.
06-12-08
A -2.00b
Site Plan
GPSL Architects, P.C.
06-12-08
A-2.01
Lower Level Parking
GPSL Architects, P.C.
06-12-08
A-2.02
Upper Level Parking - Plaza Level
GPSL Architects, P.C.
06-12-08
A-2.03
Westhaven Drive Ground Level
GPSL Architects, P.C.
06-12-08
A-2.04
Westhaven Drive Level One
GPSL Architects, P.C.
06-12-08
A-2.05
Level Two
GPSL Architects, P.C.
06-12-08
A-2.06
Level Three
GPSL Architects, P.C.
06-12-08
A-2.07
Level Four
GPSL Architects, P.C.
06-12-08
A-2.08
Level Five
GPSL Architects, P.C.
06-12-08
A-2.09
Level Five Loft
GPSL Architects, P.C.
06-12-08
A-2.10
Roof Plan
GPSL Architects, P.C.
06-12-08
A-3.10
Elevation: West @ Loft Side
GPSL Architects, P.C.
06-12-08
A-3.20
Elevation: East @ Cascade
GPSL Architects, P.C.
06-12-08
A-3.30
Elevation: North and South
GPSL Architects, P.C.
06-12-08
A-3.40
Elevation/Section: East @ Liftside
GPSL Architects, P.C.
06-12-08
44. Approved Development Plan for Area A, Vail Cascade Resort and Spa, containing the
following sheets:
Dwg. #
Title
Author
Date
A1.0
Schematic Design
Leo A Daly
01-04-16
A1.1
Existing Site Plan
Leo A Daly
2015
A1.2
Proposed Site Plan
Leo A Daly
2015
Page 1
Vail Cascade Hotel
Leo A Daly
12-23-15
Cascade Village — SDD Amendment No. 4
Existing Conditions with Hotel Room
Modifications
Page 2
Vail Cascade Hotel
Leo A Daly
12-23-2015
Cascade Village — SDD Amendment No. 4
Existing Conditions with Hotel Room
Modifications
Page 3
Vail Cascade Hotel
Leo A Daly
12-23-2015
Cascade Village — SDD Amendment No. 4
Existing Conditions with Hotel Room
Modifications
Page 4
Vail Cascade Hotel
Leo A Daly
12-23-2015
Cascade Village — SDD Amendment No. 4
Existing Conditions with Hotel Room
Modifications
Page 5
Vail Cascade Hotel
Leo A Daly
12-23-2015
Cascade Village — SDD Amendment No. 4
Existing Conditions with Hotel Room
Modifications
Page 1
Vail Cascade Hotel
Leo A Daly
12-23-2015
Cascade Village — SDD Amendment No. 4
Proposed Plans
Page 2
Vail Cascade Hotel
Leo A Daly
12-23-2015
Cascade Village — SDD Amendment No. 4
Proposed Plans
2 of 15
Site Plan
Leo A Daly
No Date
3 of 15
Arrival / Extended Porte Cochere
Leo A Daly
No Date
4 of 15
NE — Arrival Perspective
Leo A Daly
No Date
5 of 15
North — Arrival Perspective
Leo A Daly
No Date
6 of 15
NW — Arrival Perspective
Leo A Daly
No Date
7 of 15
Arrival Canopy
Leo A Daly
No Date
8 of 15
North Fagade
Leo A Daly
No Date
9 of 15
North Fagade — Materials Description
Leo A Daly
No Date
10 of 15
North Fagade - Section
Leo A Daly
No Date
11 of 15
North Fagade — Section — Materials
Description
Leo A Daly
No Date
12 of 15
East Facade
Leo A Daly
No Date
13 of 15
West Fagade
Leo A Daly
No Date
14 of 15
Overall South Elevation
Leo A Daly
No Date
Sheet 1
of 14
Partial Topographic Map of Westhaven Drive,
Liftside, Cornerstone and Cascade Club
Condominiums
PLC Peak Land
Consultants
11/16/15
Sheet 2
of 14
Partial Topographic Map of Westhaven Drive,
Liftside, Cornerstone and Cascade Club
Condominiums
PLC Peak Land
Consultants
11/16/15
Sheet 3
of 14
Partial Topographic Map of Westhaven Drive,
Liftside, Cornerstone and Cascade Club
Condominiums
PLC Peak Land
Consultants
11/16/15
Sheet 4
of 14
Partial Topographic Map of Westhaven Drive,
Liftside, Cornerstone and Cascade Club
Condominiums
PLC Peak Land
Consultants
11/16/15
Sheet 5
of 14
Partial Topographic Map of Westhaven Drive,
Liftside, Cornerstone and Cascade Club
Condominiums
PLC Peak Land
Consultants
11/16/15
Sheet 6
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet 7
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet 8
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet 9
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
10 of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
11 of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
12 of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
13 of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
14 of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Area C, Glen Lyon Primary/Secondary and Single Family Lots
Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by
Design Workshop, Inc., dated 11-9-98.
Area D, Glen Lyon Commercial Site
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements.
Development Standards
The development standards set out herein are approved by the Town Council.
These standards shall be incorporated into the approved development plan
pertinent to each development area to protect the integrity of the development of SDD
No. 4. They are minimum development standards and shall apply unless more restrictive
standards are incorporated in the approved development plan adopted by the Town
Council.
Setbacks
A. Area A, Cascade Village
Required setbacks shall be as indicated in each development plan with a minimum
setback on the periphery of the property (Area A) of not less than twenty feet,
with the exception that the setback requirement adjacent to the existing Cascade
parking structure/athletic club building shall be two feet as approved on February
8, 1982, by the Planning and Environmental Commission, and with the exception
that the setback requirement of a portion of the Westhaven Condominiums
building, as indicated on the approved development plans referenced in this
ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback
from the centerline of Gore Creek. The Liftside Condominiums Building shall
maintain a minimum 20 foot setback from the north edge of the recreational path
along Gore Creek.
B. Area B, Coldstream Condominiums
Required setbacks shall be as indicated on the development plan.
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
Required setbacks shall be based on the Two -Family Primary/Secondary
Residential District, Section 12-6D-6, Setbacks, Vail Town Code. For single-
family Lots 39-1 and 39-2, development shall occur per the approved building
envelopes and is subject to the following:
All future development will be restricted to the area within the
building envelopes. The only development permitted outside the building
envelopes shall be landscaping, driveways (access bridge) and
retaining walls associated with driveway construction. At -grade patios
(those within 5' of existing or finished grade) will be permitted to
project beyond the building envelopes not more than ten feet (10') nor
more than one-half (1/2) the distance between the building envelope
and the property line, or may project not more than five feet (5) nor
more than one-fourth (1/4) the minimum required dimension between
buildings.
Height
A. For the purposes of SDD No. 4 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
approved development plan drawings.
B. Area A, Cascade Village
1. The maximum height for the Westin Hotel Vail Cascade Resort and Spa,
CMC Learning Center, Terrace Wing, Plaza Conference Building and
Cascade Parking Structure/Athletic Club is 71 feet.
2. Cornerstone Building: Maximum height of 71 feet.
3. Liftside Condominiums Building: Maximum height of feet as measured from
finished grade to any portion of the roof along the north elevation shall be
55' (South Frontage Road), 56' along the west elevation Westhaven Drive,
and 65 feet along the south and east elevation as measured from
finished grade.
4. Westhaven Building: A maximum of 55 feet.
5. Millrace III: A maximum of 36 feet.
6. Millrace N: A maximum of 36 feet.
7. Cascade Club Addition: A maximum of 26 feet.
8. Cascade Entry Tower: A maximum of 36 feet.
9. The remainder of buildings in Area A shall have a maximum height of 48
feet.
C. Area B. Coldstream Condominiums
The maximum height shall be 48 feet.
D. Area C. Glen Lyon Primary/Secondary and Single -Family Lots
The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or
mansard roof.
E. Area D. Glen Lyon Commercial Site
51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area
shall have a height under 32 feet. On the perimeter of the building for Area D,
height is measured from finished grade up to any point of the roof. On the
interior area of any building, height is measured from existing grade up to the
highest point of the roof. Development plan drawings shall constitute the height
allowances for Area D.
Site Coverage
AreaA: Not more than 45% of the total site area may be covered by buildings unless
otherwise indicated on the site specific development plans.
Area B: No more than 35% of the total site area shall be covered by buildings, provided,
if any portion of the area is developed as an institutional or educational center,
45% of the area may be covered unless otherwise indicated on the site specific
development plans.
Area C: No more than 25% of the total site area shall be covered by buildings, unless the
more restrictive standards of Chapter 12-21, Vail Town Code apply.
Area D: No more than 37% of the total site area shall be covered by buildings and the
parking structure.
Landscaping
At least the following percentages of the total development area shall be landscaped as
provided in the development plan. This shall include retention of natural landscape, if
appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent
(60%), of the area shall be landscaped unless otherwise indicated on the site specific
development plans.
Parking and Loading
A. Area A, Cascade Village
1. Off-street parking shall be provided in accordance with Chapter 12-10,
Vail Town Code, exceptthat75% ofthe required parking inAreaAshall be
located within a parking structure or buildings with the exception of
Millrace IV, Scenario I and the Westhaven Condominiums, where 66.6%
and 71 %, respectively, of required parking shall be enclosed in a building.
2. The total parking requirement, based on the proposed development plan
and provided in the Cascade parking Structure, is 383 spaces. A total of
421 parking spaces have been provided in the Cascade parking
structure. There is a surplus of 38 parking spaces in the Cascade
parking structure. Twenty-six (26) of the surplus parking spaces in the
Cascade Parking Structure are reserved for use by the Cascade Resort
and Spa (Hotel) to accommodate future changes in use or expansions
that may require parking. There shall be a total of 421 spaces in the
main Cascade parking structure SIub parking structure. A 4-7-5 10 percent
mixed-use credit per the Town of Vail parking code has been applied to the
total number of required parking spaces in the Cascade parking structure.
3. There shall be a total of 58 on-site parking spaces on the Liftside
Condominiums Building site with a minimum of 75% of the required space
located below grade. No mixed use credit shall be applied to this site.
4. There shall be a minimum of 56 enclosed parking spaces located within the
Cornerstone building. No mixed use credit has been applied to this lot.
5. The third floor of the Cascade parking structure shall not be used to meet any
parking requirements for accommodation units, transient residential dwelling
units, employee dwelling unitsordwelling units.
6. Phasing: All required parking for Cornerstone and Liftside Condominiums
Building shall be located on their respective sites. All required parking for
the Cascade Club Wellness Center Addition Scenario 1 shall be provided in
the Cascade parking structure.
7. Seventy-five percent of the required parking shall be located within the main
building or buildings and hidden from public view from adjoining properties
within a landscaped berm for Millrace III.
8. All loading and delivery shall be located within buildings or as approved in the
development plan.
B. Area B. Coldstream Condominiums
Fifty percent of the required parking shall be located within the main building or
buildings and hidden from public view from adjoining properties within a
landscaped berm.
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
Off-street parking shall be provided in accordance with Chapter 12-10 of the
Municipal Code.
1. Area D, Glen Lyon Commercial Site
2. Once the parking structure is constructed, the parking and access to Area
D shall be managed per the TDA Parking Report, Parking Management
Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery
Parking Analysis Update, dated January 16, 1990, both
written by Mr. David Leahy.
3. No loading or delivery of goods shall be allowed on the public right-of-way
along the South Frontage Road adjacent to the Area D development.
4. The owner of the property and brewery management shall prohibit semi -
truck and trailer truck traffic to the Glen Lyon Commercial site. The only
truck loading that shall be allowed to the site shall be vans having a
maximum length of 22 feet.
Recreation Amenities Tax Assessed
The recreational amenities tax due for the development within SDD No. 4 under Chapter
3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in
Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in
Development Area C; and at a rate not to exceed seventy-five cents per square foot of
floor area in Development Area D; and shall be paid in conjunction with each
construction phase prior to the issuance of building permits.
Conservation and Pollution Controls
A. The developer's drainage plan shall include a provision for prevention of pollution
from surface runoff.
B. The developer shall include in the building construction, energy and water
conservation controls as general technology exists at the time of construction.
C. The number of fireplaces permitted shall be as set forth in the Vail Town Code as
amended.
D. If fireplaces are provided within the development, they must be heat efficient
through the use of glass enclosures and heat circulating devices as technology
exists at the time of development.
E. All water features within Development Area A shall have overflow storm drains per
the recommendation of the Environmental Impact Report by Jamar Associates on
Page 34.
F. All parking structures shall have pollution control devices to prevent oil and dirt
from draining into Gore Creek.
G. In Area D, a manhole on the brewery service line shall be provided so that the
Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength.
H. In Area D, the brewery management shall not operate the brewery process
during temperature inversions. It shall be the brewery owner's responsibility to
monitor inversions.
I. All trash compactors and trash storage areas shall be completely enclosed within
Special Development District 4.
J. Protective measures shall be used during construction to prevent soil erosion
into Gore Creek, particularly when construction occurs in Areas A and D.
K. The two employee dwelling units in Area D shall only be allowed to have gas
fireplaces that meet the Town of Vail ordinances governing fireplaces.
Additional Amenities and Approval Agreements for Special Development District No. 4.
A. The developer shall provide or work with the Town to provide adequate private
transportation services to the owners and guests so as to transport them from the
development to the Village Core area and Lionshead area as outlined in the
approved development plan.
B. Area A, Cascade Village
1. The developer of the Westhaven Condominiums building shall construct a
sidewalk that begins at the entrance to the Cascade Club along Westhaven
Drive and extends to the west in front of the Westhaven building to
connect with the recreational path to Donovan Park, as indicated on the
approved development plans referenced in this ordinance. The walk shall
be constructed when a building permit is requested for the Westhaven
Condominiums. The sidewalk shall be part of the building permit plans.
The sidewalk shall be constructed subsequent to the issuance of a
building permit and prior to the issuance of a temporary certificate of
occupancy for the Westhaven Condominiums.
2. The developer shall provide 100 -year floodplain information for the area
adjacent to the Waterford and Cornerstone buildings to the Town of Vail
Community Development Department before building permits are released
for either project.
C. Area D, Glen Lyon Commercial Site.
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements
Employee Housing
The development of SDD No. 4 will have impacts on available employee housing within the
Upper Eagle Valley area. In order to help meet this additional employee housing need,
the developer(s) of Areas A and D shall provide employee housing. In Area D, the above
referenced employee housing requirement shall be provided on site. For the Westhaven
Condominiums site, the employee housing requirement shall be met as set forth in
Condition 3, as set forth in Ordinance No. 12, Series of 2005. There shall be a total of 2
employee dwelling units in the Liftside Condominiums Building. One shall be a minimum of
300 square feet and the other a minimum of 800 square feet. The developer of the
Westhaven Condominiums building shall provide 4,400 square feet of employee housing
pursuant to the terms of an agreement reached with the Town of Vail as described in
Condition 3, as set forth in Ordinance No. 12, Series of 2005.
The developer of Area D shall build 2 employee dwelling units in the Area D east
building per the approved plan for the East Building. In Area D one employee dwelling unit
shall have a minimum GRFA of 795 square feet and the second employee dwelling unit
shall have a minimum GRFA of 900 square feet. The GRFA and number of employee
units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee
Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town
Code prior to issuance of building permits for the respective project.
In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing
Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on
each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq.
ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled
to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600
sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to
remain (no increase in driveway width is required) for all allowed/required dwelling units
and employee housing units on these lots.
Time Requirements
SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of
Vail Town Code, unless such time requirement is amended herein.
Section 2. Special Development District No. 4
Special Development District No. 4 and the development plans for all sites other than the
development plan for the GFTeFsteae—Site Cascade Village, hereby remain approved for the
development of Special Development District No. 4 within the Town of Vail, unless they have
otherwise expired.
Section 3. Conditions of Approval for the Cascade Village Development Plan
The following conditions of approval are herein made part of this amending ordinance
and shall specifically and exclusively apply or pertain to the site specific development plans
approved and referenced herein for the Cascade Village:
1. Prior to the issuance of a building permit for the installation of any proposed
swimming pool or expansion of impervious materials in the pool deck area on
the south side of the hotel, the Developer shall obtain approval from the
Planning and Environmental Commission of a Minor Amendment to this Special
Development District No. 4.
Section 3 4. Conditions of Approval for the Cornerstone Site Development Plan
The following conditions of approval are herein made part of this amending ordinance and
shall specifically and exclusively apply or pertain to the site specific development plans approved
and referenced herein for the Cornerstone Site:
1. That the Developer revise the approved plans for the Cornerstone Building, prior to
or concurrent with any submittal for design review, to ensure that each employee
housing unit also include provisions for no less than one -hundred
(100) square feet of storage, per unit, on-site and within the structure;
2. That the Developer obtains final review and approval of the proposed
development plan by the Town of Vail for Review Board, prior to making an
application forthe issuance of a building permit.
3. That the Developer pays in full the employee housing mitigation fee of
$691.476.44 or otherwise complies with the Vail Town Code with regard to the
required mitigation, in a manner acceptable to the Town of Vail, using any one or a
combination of the permitted mitigation methods, pursuant to Section 12-23- 6B, and
Section 12-24-6B, Vail Town Code, prior to the issuance of a building permit.
4. That the Developer submits a complete set of civil engineered drawings of the
Approved Development Plans, including the following required off-site
improvements;
a. Design and Construct Westhaven Drive entrance improvements including;
additional turn lanes and adequate queuing areas, landscaped and
irrigated medians, (6') sidewalk connections from the proposed skier portal
to the Frontage Road on both sides of Westhaven Drive, a bus turnaround
and bus stop meeting Town of Vail and ECO standards, 3 skier drop-off
spaces, landscaping and adequate snow storage areas as approved by the
PublicWorks Department.
b. Design and Construct A 10' concrete walk along the South Frontage Road
from the western most point of the Cascade Parking/Conference building to a
point in front of the Liftside Condominiums, approximately 680' in length
(including crosswalk). The walk shall be detached wherever feasible and
separated by a minimum of a 5' landscaped and irrigated buffer.
Such drawings/plans shall be submitted to the Town of Vail Community
Development Department for review and shall receive approval prior to the
Developer making application for the issuance of a building permit.
5. That the Developer shall address and resolve, to the satisfaction of the Town
Engineer, all the comments and conditions identified in the memorandum from the
Town Engineer, and addressed to Scot Hunn, dated January 25, 2008, on any
civil engineered plans submitted in conjunction with building permits.
6. That the Developer pays in full, the Traffic Impact Fee of $117.000 (based on the 18
net pm peak hour trips) prior to the issuance of a building permit. All or a
portion of the fee may be offset by specific capacity improvements including the
cost of the design and construction of the left turn lane on Westhaven Drive.
7. That the Developer prepares a Cornerstone Building Art in Public Places Plan,
for input and comment by the Town of Vail Art in Public Places Board, prior to the
request for a temporary certificate of occupancy. Subject to the above input and
comment by the Art in Public Places Board, the Applicant will work with Town
Staff to determine the type and location of the art to be provided. Said Plan shall
include the funding, up to $50.000, for one (1) public art improvement to be
developed in conjunction with the Cornerstone Building project.
8. That the Developer provides the legally executed and duly recorded Type VII
deed restriction with the Eagle County Clerk & Recorder's Office in a form
approved by the Town Attorney for the four (4) on-site employee housing units,
and that said units shall be made available for occupancy, prior to the issuance of
a temporary certificate of occupancy for the Cornerstone Building project.
9. That the Developer integrate sustainable and/or energy efficient technologies
such as geothermal or ground source heating, active solar and high efficiency
heating and cooling systems and equipment in any further design and
construction specifications, to be approved by the Town prior to installation, for
all portions of the heated bus turn -around and skier drop-off areas identified on
the plans labeled "Cornerstone Schematic Bus Turnaround" by Alpine Engineering,
dated June, 3, 2008;
10. That the Developer submit a master sign program for design review for those
areas along Westhaven Drive and near the intersection of Westhaven Drive and
South Frontage Road, specifically for the purpose of directing skier parking within
the Cascade Resort parking structure and reducing, to the extent possible, the
amount of vehicles parked on South Frontage Road.
Section 4 5. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of
the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 6 6. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 6 7. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 7- 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of March, 2016, and a
public hearing for second reading of this Ordinance set for the 5th day of April 2016, at 6:00
P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
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
2016, on the Town of Vail's web site, www.vailgov.com, on the 6th day of April,
2016.
Witness my hand and seal this 6t" day of April, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO.5
SERIES OF 2016
AN ORDINANCE AMENDING ORDINANCE NO. 5, SERIES OF 2008, IN
ACCORDANCE WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL
TOWN CODE, TO ALLOW FOR A MAJOR AMENDMENT TO SPECIAL
DEVELOPMENT DISTRICT NO. 4, VAIL CASCADE SUBDIVISION; AND TO
AMEND AND RE-ESTABLISH THE APPROVED DEVELOPMENT STANDARDS
FOR AREA A, CASCADE VILLAGE TO ALLOW FOR THE DEVELOPMENT OF
A MIXED USE DEVELOPMENT, LOCATED AT 1300 WESTHAVEN DRIVE; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-10 of the Vail Town Code (the "Code")
Z^^�,,,,,g Regy'a+�s permits major amendments to previously approved
development plans for Special Development Districts; aPA
WHEREAS, Ordinance No. 5, Series of 2008, repealed and re-enacted
Ordinance No. 10, Series of 2008, to amend and re-establish the approved
development plan for Area A, Cascade Village, SDD No. 4, to allow for certain
additions to the "Vail Cascade Hotel Site", located at 1300 Westhaven Drive,
Cascade Village; aft
WHEREAS, the purpose of this ordinance is to amend Ordinance No. 5,
Series of 2008, to amend and re-establish the development standards for
Development Area A, Cascade Village and to amend and re-establish the site
specific development plan for the "Cascade Village" within Development Area
A to allow for the reduction in accommodation units; and
WHEREAS, to the extent that there are any previous site specific
development plan approvals or development standards established for the
"Cascade Village", this ordinance shall is intended to SpeGifiGally supersede and
otherwise cause any previous site specific development plan approvals or
development standards for the "Cascade Village" to become null and void; and,
WHEREAS, any and all site specific development plans and development
standards approved and/or established for planning areas and sites within SDD No. 4, not
specifically affected by this ordinance, shall remain valid and in full effect; and
WHEREAS, in accordance with the provisions outlined in the Code ZGRORg
Regula I the Planning and Environmental Commission (the "PEC") held a public
hearing on the major amendment application and has submitted its recommendation of
approval to the Vail Town Council (the "Council"); and
WHEREAS, all notices as required by the Vail TGWR Code have been sent to the
appropriate parties; and
WHEREAS, on February 28, 2016, the PEC PInnniRg and Cn"irGnmontal Gemmicc inn
of the TOWR of held a public hearing and reviewed and forwarded a recommendation of
approval, with conditions, for the proposed major amendments to Special Development
District No. 4, Cascade Village, to the Vail Council in accordance with the procedures
and criteria and findings outlined in Title 12, Zoning Regulations, of the Vail TeWR Code; apd,
WHEREAS, the Vail awn Council finds that the major amendment is consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the
Vail Comprehensive Plan and is compatible with the development objectives of the Town,
based upon the review outlined in Section VIII of the Staff's February 8, 2016,
memorandum to the PEC Dlanninry and ERVirnnmental GerRM100V1n' and as outlined in the
Staff's March 15, 2016, memorandum to the Vail Town Council, and the evidence and
testimony presented; and,
WHEREAS, the Van! TeR Council finds that the amendment does further the
general and specific purposes of the Zoning Regulations, based upon the review outlined in
Section VIII of the Staff's February 8, 2016, memorandum to the PEC PlaRRing�79g--`prnrQ
Environmental Commission and as outlined in Section IV of the Staff's March 15, 2016,
memorandum to the Vail TGWR Council, and the evidence and testimony presented; a44d-,
WHEREAS, the Vail TGWR Council finds that the major amendment promotes the
health, safety, morals, and general welfare of the Town, and promotes the coordinated
and harmonious development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community of
the highest quality, based upon the review outlined in Section VIII of the Staff's February 8,
2016, memorandum to the PEC planning and ERVOFE)RmeRtal GE)MM.SSOOR and as outlined in
the Staff's March 15, 2015, memorandum to the Vail Town Council, and the evidence and
testimony presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
(Note: Language proposed to be removed from Ordinance No. 5, Series of 2016 is
shown in str eth -eugh; language proposed to be added is shown in bold.)
Section 1. Special Development District No. 4, Cascade Village is hereby amended
and re-established as follows:
Purpose
Special Development District No. 4 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 and recreational amenities, and
promote the objectives of the Vail Comprehensive Plan. Special Development District
No. 4 is created to ensure that the development density will be relatively low and
suitable for the area and the vicinity in which it is situated, the development is
regarded as complementary to the Town by the Town Council and the Planning and
Environmental Commission, and because there are significant aspects of the Special
Development District which cannot be satisfied through the imposition of standard
zoning districts on the area.
Definitions
Forthe purposes of this ^ham Special Development District, the following definitions
shall apply:
A. "Special attraction" shall be defined as a museum, seminar or research center
or performing arts theater or cultural center.
B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as
a dwelling unit located in a multi -family dwelling that is managed as a short
term rental in which all such units are operated under a single management
providing the occupants thereof customary hotel services and facilities. A short
term rental shall be deemed to be a rental for a period of time not to exceed 31
days. Each unit shall not exceed 645 square feet of GRFA which shall include a
kitchen having a maximum of 35 square feet. The kitchen shall be designed
so that it may be locked and separated from the rest of the unit in a closet. A
transient dwelling unit shall be accessible from common corridors, walks, or
balconies without passing through another accommodation unit, dwelling unit,
or a transient residential dwelling unit. Should such units be developed as
condominiums, they shall be restricted as set forth in Section 13-7
Condominiums and Condominium Conversions, Subdivision Regulations. The
unit shall not be used as a permanent residence. Fractional fee ownership shall
not be allowed to be applied to transient dwelling units. For the purposes of
determining allowable density per acre, transient residential dwelling units
shall be counted as one half (1/2) of a dwelling unit. The transient residential
dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space
per each 100 square feet of GRFA with a maximum of 1.0 space per unit.
Established
A. Special Development District No. 4 is established for the development on a
parcel of land comprising 97.955 acres and Special Development District No. 4
and the 97.955 acres may be referred to as "SDD No. 4."
B. The district shall consist of five separate development areas, as identified in this
ordinance consisting of the following approximate sizes:
Area Known As Development Area Acreage
Cascade Village
A
17.955
Coldstream Condominiums
B
4.000
Glen Lyon Primary/Secondary and Single Family Lots
C
29.100
Glen Lyon Commercial Site
D
1.800
Tract K
E
8.322
Dedicated Open Space
32.078
Roads
4.700
TOTAL
97.955
Development Plan Required—Approval Procedure
Each development area with the exception of Development Areas A and D shall be
subject to a single development plan. Development Area A shall be allowed to have twe
individual development plans for the Cascade Club, Cascade Hotel, CMC/Cascade
Residences, Cornerstone, Liftside, Millrace, and Westhaven s+te sites as approved
by the TOWR Council. The Liftside COR dOMinii MS B iilydiRg and (`OFReFStnne�tes c�IR
be allowed GRe develeprReRt plaR ear Development Area D shall be allowed to
develop per the approved phasing plans as approved by the Town Council. A
development plan for Development Area E shall be established through the review and
approval of a design review application and/or conditional use permit application. The
developer shall have the right to proceed with the development plans or scenarios as
defined in the development statistics section of this ordinance. Amendments to SDD
No. 4 shall comply with Section 12-9A, Vail Town Code.
Permitted Uses
A. Area A. Cascade Village
1. First floor commercial uses shall be limited to uses listed in Section 12-713-
3, (Commercial Core 1), Vail Town Code, except for in the Cascade
Residences building, where office uses shall be permitted on the first floor.
The "first floor" or "street level" shall be defined as that floor of the building
that is located at grade or street level;
2. All other floor levels besides first floor street level may include retail,
theater, restaurant, educational, and office except that no professional or
business office shall be located on street level or first floor, with the
exception noted above, unless it is clearly accessory to a lodge or
educational institution except for an office space having a maximum square
footage of 925 square feet located on the first floor on the northwest corner
of the Plaza Conference Center building;
3. Lodge;
4. Multi -family dwelling;
5. Single Family dwelling;
6. Primary/Secondary dwelling;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 12-13 of the Vail Town Code;
9. Cascade Club addition of a lap pool or gymnasium.
B. Area B, Coldstream Condominiums
1. Two-family dwelling;
2. Multi -family dwelling.
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
1. Single family dwelling;
2. Two-family dwelling.
3. Type 11 Employee Housing Unit (EHU) per Chapter 12-13, of the Vail Town
Code.
D. Area D. Glen Lyon Commercial Site
1. Business and professional offices;
2. Employee dwelling as defined in Section 12-13 of the Vail Town Code.
E. Area E, Tract K
1. Bicycle and pedestrian paths.
2. Interpretive naturewalks.
3. Nature preserves.
4. Passive outdoor recreation areas and open spaces.
Conditional Uses
Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16,
Conditional Use Permits, Vail Town Code.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet;
2. Special attraction;
3. Ski lifts;
4. Public Park and recreational facilities;
5. Major arcades with no frontage on any publicway, street, walkway or mall
area;
6. Transportation Business;
7. Temporary I Ice of Tennis Fa ty fer Genf neo and Genu no
tk}tie{�rir.�-raEiii�rvr-vvrrr@re�}cc �rcma-vvrrven tierr�
Temporary Use of Unit 4, Level 4, Cascade Club Condominiums enclosed
parking area for Conferences, Conventions and Special Events.
B. Area B, Coldstream Condominiums
1. Public Park and recreational facilities;
2. Ski lifts.
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
1. Public park and recreational facilities;
2. Ski lifts.
D. Area D, Glen Lyon Commercial Site
1. Micro -brewery as defined in Chapter 12-2, Vail Town Code.
E. Area E, Tract K
1. Public parks;
2. Public utility and publicservice uses;
3. Access roads;
4. Ski lifts and tows;
5. Ski trails;
6. Snowmaking facilities;
7. Other uses customarily incidental and accessory to permitted and
conditional uses and necessary for the operation thereof, with the
exception of buildings.
Accessory Uses
A. Area A. Cascade Village
1. Minor arcade;
2. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Vail Town
Code;
3. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses;
4. Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof. This shall include spas,
salons and fitness centers located within the Vail Cascade Resort
and Spa.
B. Area B, Coldstream Condominiums
1. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Vail Town
Code;
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses. Other uses customarily incidental and
accessory to permitted or conditional uses, and necessary for the operation
thereof.
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
1. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Vail Town
Code;
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses;
3. Other uses customarily incidental and accessory to permitted or conditional
uses, and necessaryfor the operation thereof.
D. Area D, Glen Lyon Commercial Site
1. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Vail Town
Code.
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses.
3. Other uses customarily incidental and accessory to permitted or conditional
uses, and necessaryforthe operation thereof.
4. Minor arcade.
Location of Business Activity
A. All offices, businesses, and shall be operated and conducted entirely within a
building, except for permitted unenclosed parking or loading areas, and the
outdoor display of goods.
B. The area to be used for outdoor display must be located directly in front of the
establishment displaying the goods and entirely upon the establishment's own
property. Sidewalks, building entrances and exits, driveways and streets shall not
beobstructed by outdoor display.
Density- Dwelling Units
The number of dwelling units shall not exceed the following:
A. Area A, Cascade Village
In Area A, a total of twe hYRdred eight„ eight (288) two hundred eighty five
(285) accommodation or transient dwelling units and a maximum of one hundred
thirty one (131) dwelling units for a total density of two hi Rdred sever ty five (275)
two hundred seventy three point five (273.5) dwelling units.
B. Area B, Coldstream Condominiums
Sixty-five(65)dwelling units
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
One -hundred four (104) dwelling units.
D. Area D, Glen Lyon Commercial Site
Three dwelling units, two of which shall be employee housing units (EHUs) as
defined within Chapter 12-13, Vail Town Code.
Density --Floor Area
A. Area A, Cascade Village
The gross residential floor area (GRFA) for all buildings shall not exceed 356,680
354,837 squarefeet.
B. Area B, Coldstream Condominiums
Sixty-five thousand square feet (65,000 sq. ft.) GRFA.
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
GRFA shall be calculated for each lot based on the Two -Family
Primary/Secondary Residential District, per Section 12-6D-8 Density Control, Vail
Town Code.
D. Area D, Glen Lyon Commercial Site
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements.
Commercial Square Footage
A. Area A, Cascade Village
Area A shall not exceed 35,698 41,238 square feet of commercial area.
B. Area D, Glen Lyon Commercial Site
The development plan for this area has expired. See Ordinance No. 8, Series of
1998for previous requirements.
TABLE 1: AREA A PARKING & DEVELOPMENT STATISTICS
This tablei'sTGOmna iloiOR 'Chart 1' and 'Chart 7' in QrrdiRaRGe N���
�,
Series s of 2007, ; 'Table 1: Area 4 Dorking & Deveopm t StQiiiStiirc' Orvrinanrre No 10-
Multiple Use GFedit (101% of reguireid\ 45.4
Total Regi Direr! Dorking in GaSGalde StF G ire 498.7
Total Dorking Qnones Provided in Dorking StF G ire 424
Total Surplus is Dorking Snores in Dorking Con infi ire 42,3
This table is an accounting of development and parking allowances / requirements for Area A:
Use
Dwelling
Accommodation
Square
EHUs
Commercial
On Site
Cascade
Units
Units
Feet
Square Feet
Parking
Parking
Structure
Spaces
Liftside
29
48,600
2
56
Condos
(formerly
Waterford
Westhaven
13
32,000
29
Condominiums
Millrace
39
47,984
64
Phase I, II, IV
The Cascades
6
11,987
12
(formerly
Millrace III
Cascade
22
47,151
13
16
Residences
approved
Blue Tiger
1,600
13.3
Restaurant
(Empty)
Office/Retail
5,061
16.3
Cascade Hotel
145
53,434
111
Hotel
3,250
27.1
Restaurant
Hotel Market
1,095
3.65
Hotel Retail
1,096
3.65
Hotel Spa
5,800
19.3
Hotel Salon
650
2.2
Terrace
120
58,069
105
Rooms
Terrace Retail
5,856
20
Plaza Rooms
20
7,205
16
Plaza Retail
2,024
7
Plaza
8,297
35
Conference
Fitness Club
5,886
30
Cornerstone
22
0
48,407
4
623
56
0
Total
131
285
354,837
6
41,238
230
425.5
Multiple Use Credit (10% of required)
-42.5
Total Required Parking in Cascade Parking Structure
383
Total Parking Spaces Provide in Cascade Parking Structure
421
Total Surplus Parking Spaces in Cascade Parking Structure
38
GRFA includes DU and AU square footage. EHUs do not count towards GRFA in SDD #4.
Vail Cascade Resort and Spa (Cascade Hotel) has approval under separate permit to add 77
parking spaces on the upper level of the Cascade Club building, by Minor Amendment granted in
December 2015, which is not included in this accounting of parking spaces.
26 of the surplus parking spaces in the Cascade Parking Structure are reserved for use by the
Cascade Resort and Spa (Hotel) to accommodate future changes in use or expansions that may
require parking.
Development Plans
Area A, Cascade Village
Site specific development plans are approved for Area A. The following documents comprise the
development plan for the SDD as a whole, Liftside Condominiums Building (formerly known as
Waterford), Cascade Residences (formerly known as the "CMC Building"), Cornerstone, Cascade
Club Addition Scenario 1 and 2, and Millrace IV:
1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson.
2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz.
3. Waterford, Sheet#2.1, dated 11-13-92, Plan Level 38/43'3", Gwathmey, Pratt, Schultz.
4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt,
Schultz.
5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt,
Schultz.
6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt,
Schultz.
7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt,
Schultz.
8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz.
9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz.
10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz.
11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz.
12. Waterford, Sheet#2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schultz.
13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz.
14. Waterford, Sheet#3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz.
15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz.
16. Waterford, Sheet#4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz.
17. Waterford, Sheet#4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz.
18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz.
20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz.
22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
23. Cascade Club Addition Site Plan, Roma, 10/10/88.
24. Cascade Club Floor Plan, Roma, 10/10/88.
25. Millrace III, Sheet#1, dated 5/6/93, Site Plan, Steven James Riden.
26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven
James Riden.
27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven
James Riden.
28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven
James Riden.
29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven
James Riden.
30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden.
31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt,
10/28/91.
32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt,
10/22/91.
33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt,
10/23/91.
34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson
Associates
35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped.
36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner,
6/8/87.
37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88.
38. Cascade Village Special Development District Amendment and Environmental
Impact Report: Peter Jamar Associates, Inc., revised 11 /22/88.
39. Topographic Map, Inter -Mountain Engineering, Ltd, 12/1/94.
40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92.
41. The Approved Development Plan for Area A, Westhaven Condominiums,
containing the following Sheets:
Dwg.#
Title
Author
Date
A-1.0
Title Sheet
Morter Architects
03-15-05
A-1.1
Vicinity Map
Morter Architects
01-31-05
A-1.2
GRFA Summary
Morter Architects
03-15-05
A-1.3
Spring Equinox Sun Shading
Morter Architects
01-31-05
A-1.4
Summer Solstice Sun Shading
Morter Architects
01-31-05
A-1.5
Fall Equinox Sun Shading
Morter Architects
01-31-05
A-1.6
Winter Solstice Sun Shading
Morter Architects
01-31-05
A-1.7
Site Plan
Morter Architects
03-15-05
C001
Cover Sheet
AI ine En ineerin
03-14-05
C002
Grading Plan (West Half)
Alpine Engineering
03-14-05
C003
Grading Plan (East Half)
Alpine Engineering
03-14-05
C004
Storm Drainage Plan
Alpine En ineerin
03-14-05
C005
Grading and Drainage Details
Alpine Engineering
03-14-05
C006
Utility Plan
Alpine Engineering
03-14-05
C007
Utility Details
Alpine Engineering
03-14-05
C008
Demolition Plan
Alpine Engineering
03-14-05
L-1
Landscape Plan
Dennis Anderson
03-15-05
L-2
Landscape Plan -Cascade Club
Dennis Anderson
03-15-05
A2.0
Parking Level Plan
Morter Architects
03-15-05
A2.1
First Floor Plan
Morter Architects
03-15-05
A2.2
Second Level Plan
Morter Architects
03-15-05
A2.3
Third Level Plan
Morter Architects
03-15-05
A2.4
Fourth Level Plan
Morter Architects
03-15-05
A2.5
Roof Plan
Morter Architects
03-15-05
AM
Building A Elevations
Morter Architects
03-15-05
A3.2
Building B Elevations
Morter Architects
03-15-05
A4.0
Building Sections
Morter Architects
02-14-05
A4.1
Building Sections
Morter Architects
02-14-05
A4.2
Building Sections
Morter Architects
02-14-05
42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets:
Dwg.#
Title
Author
Date
-2.20
Second Floor Plan
RKDArchitects
01-28-07
-2.30
Third Floor Plan
RKDArchitects
01-28-07
-2.40
Fourth Floor Plan
RKD Architects
01-28-07
A-2.50
Fifth Floor Plan
RKD Architects
01-28-07
-3.10
East and North Building Elevations
RKDArchitects
01-28-07
-3.20
West and South Building Elevations
RKD Architects
01-28-07
43. Approved Development Plan for Area A, Cornerstone Site, containing the following sheets:
Dwg.
Title
Author
Date
L1
Landscape Plan
Dennis Anderson
06-20-08
S1
Schematic Bus Turnaround
Alpine Engineering
06-03-08
A -2.00a
Site Plan
GPSL Architects, P.C.
06-12-08
A -2.00b
Site Plan
GPSL Architects, P.C.
06-12-08
A-2.01
Lower Level Parking
GPSL Architects, P.C.
06-12-08
A-2.02
Upper Level Parking - Plaza Level
GPSL Architects, P.C.
06-12-08
A-2.03
Westhaven Drive Ground Level
GPSL Architects, P.C.
06-12-08
A-2.04
Westhaven Drive Level One
GPSL Architects, P.C.
06-12-08
A-2.05
Level Two
GPSL Architects, P.C.
06-12-08
A-2.06
Level Three
GPSL Architects, P.C.
06-12-08
A-2.07
Level Four
GPSL Architects, P.C.
06-12-08
A-2.08
Level Five
GPSL Architects, P.C.
06-12-08
A-2.09
Level Five Loft
GPSL Architects, P.C.
06-12-08
A-2.10
Roof Plan
GPSL Architects, P.C.
06-12-08
A-3.10
Elevation: West @ Loft Side
GPSL Architects, P.C.
06-12-08
A-3.20
Elevation: East @ Cascade
GPSL Architects, P.C.
06-12-08
A-3.30
Elevation: North and South
GPSL Architects, P.C.
06-12-08
A-3.40
Elevation/Section: East @ Liftside
GPSL Architects, P.C.
06-12-08
44. Approved Development Plan for Area A, Vail Cascade Resort and Spa, containing the
following sheets:
Dwg. #
Title
Author
Date
A1.0
Schematic Design
Leo A Daly
01-04-16
A1.1
Existing Site Plan
Leo A Daly
2015
A1.2
Proposed Site Plan
Leo A Daly
2015
Page 1
Vail Cascade Hotel
Leo A Daly
12-23-15
Cascade Village — SDD Amendment No. 4
Existing Conditions with Hotel Room
Modifications
Page 2
Vail Cascade Hotel
Leo A Daly
12-23-2015
Cascade Village — SDD Amendment No. 4
Existing Conditions with Hotel Room
Modifications
Page 3
Vail Cascade Hotel
Leo A Daly
12-23-2015
Cascade Village — SDD Amendment No. 4
Existing Conditions with Hotel Room
Modifications
Page 4
Vail Cascade Hotel
Leo A Daly
12-23-2015
Cascade Village — SDD Amendment No. 4
Existing Conditions with Hotel Room
Modifications
Page 5
Vail Cascade Hotel
Leo A Daly
12-23-2015
Cascade Village — SDD Amendment No. 4
Existing Conditions with Hotel Room
Modifications
Page 1
Vail Cascade Hotel
Leo A Daly
12-23-2015
Cascade Village — SDD Amendment No. 4
Proposed Plans
Page 2
Vail Cascade Hotel
Leo A Daly
12-23-2015
Cascade Village — SDD Amendment No. 4
Proposed Plans
2 of 15
Site Plan
Leo A Daly
No Date
3 of 15
Arrival / Extended Porte Cochere
Leo A Daly
No Date
4 of 15
NE — Arrival Perspective
Leo A Daly
No Date
5 of 15
North — Arrival Perspective
Leo A Daly
No Date
6 of 15
NW — Arrival Perspective
Leo A Daly
No Date
7 of 15
Arrival Canopy
Leo A Daly
No Date
8 of 15
North Fagade
Leo A Daly
No Date
9 of 15
North Fagade — Materials Description
Leo A Daly
No Date
10 of 15
North Fagade - Section
Leo A Daly
No Date
11 of 15
North Fagade — Section — Materials
Description
Leo A Daly
No Date
12 of 15
East Facade
Leo A Daly
No Date
13 of 15
West Fagade
Leo A Daly
No Date
14 of 15
Overall South Elevation
Leo A Daly
No Date
Sheet 1
of 14
Partial Topographic Map of Westhaven Drive,
Liftside, Cornerstone and Cascade Club
Condominiums
PLC Peak Land
Consultants
11/16/15
Sheet 2
of 14
Partial Topographic Map of Westhaven Drive,
Liftside, Cornerstone and Cascade Club
Condominiums
PLC Peak Land
Consultants
11/16/15
Sheet 3
of 14
Partial Topographic Map of Westhaven Drive,
Liftside, Cornerstone and Cascade Club
Condominiums
PLC Peak Land
Consultants
11/16/15
Sheet 4
of 14
Partial Topographic Map of Westhaven Drive,
Liftside, Cornerstone and Cascade Club
Condominiums
PLC Peak Land
Consultants
11/16/15
Sheet 5
of 14
Partial Topographic Map of Westhaven Drive,
Liftside, Cornerstone and Cascade Club
Condominiums
PLC Peak Land
Consultants
11/16/15
Sheet 6
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet 7
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet 8
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet 9
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
10 of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
11 of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
12 of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
13 of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Sheet
Partial Topographic Map of Westhaven Drive,
PLC Peak Land
11/16/15
14 of 14
Liftside, Cornerstone and Cascade Club
Consultants
Condominiums
Area C, Glen Lyon Primary/Secondary and Single Family Lots
Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by
Design Workshop, Inc., dated 11-9-98.
Area D, Glen Lyon Commercial Site
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements.
Development Standards
The development standards set out herein are approved by the Town Council.
These standards shall be incorporated into the approved development plan
pertinent to each development area to protect the integrity of the development of SDD
No. 4. They are minimum development standards and shall apply unless more restrictive
standards are incorporated in the approved development plan adopted by the Town
Council.
Setbacks
A. Area A, Cascade Village
Required setbacks shall be as indicated in each development plan with a minimum
setback on the periphery of the property (Area A) of not less than twenty feet,
with the exception that the setback requirement adjacent to the existing Cascade
parking structure/athletic club building shall be two feet as approved on February
8, 1982, by the Planning and Environmental Commission, and with the exception
that the setback requirement of a portion of the Westhaven Condominiums
building, as indicated on the approved development plans referenced in this
ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback
from the centerline of Gore Creek. The Liftside Condominiums Building shall
maintain a minimum 20 foot setback from the north edge of the recreational path
along Gore Creek.
B. Area B, Coldstream Condominiums
Required setbacks shall be as indicated on the development plan.
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
Required setbacks shall be based on the Two -Family Primary/Secondary
Residential District, Section 12-6D-6, Setbacks, Vail Town Code. For single-
family Lots 39-1 and 39-2, development shall occur per the approved building
envelopes and is subject to the following:
All future development will be restricted to the area within the
building envelopes. The only development permitted outside the building
envelopes shall be landscaping, driveways (access bridge) and
retaining walls associated with driveway construction. At -grade patios
(those within 5' of existing or finished grade) will be permitted to
project beyond the building envelopes not more than ten feet (10') nor
more than one-half (1/2) the distance between the building envelope
and the property line, or may project not more than five feet (5) nor
more than one-fourth (1/4) the minimum required dimension between
buildings.
Height
A. For the purposes of SDD No. 4 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
approved development plan drawings.
B. Area A, Cascade Village
1. The maximum height for the Westin Hotel Vail Cascade Resort and Spa,
CMC Learning Center, Terrace Wing, Plaza Conference Building and
Cascade Parking Structure/Athletic Club is 71 feet.
2. Cornerstone Building: Maximum height of 71 feet.
3. Liftside Condominiums Building: Maximum height of feet as measured from
finished grade to any portion of the roof along the north elevation shall be
55' (South Frontage Road), 56' along the west elevation Westhaven Drive,
and 65 feet along the south and east elevation as measured from
finished grade.
4. Westhaven Building: A maximum of 55 feet.
5. Millrace III: A maximum of 36 feet.
6. Millrace N: A maximum of 36 feet.
7. Cascade Club Addition: A maximum of 26 feet.
8. Cascade Entry Tower: A maximum of 36 feet.
9. The remainder of buildings in Area A shall have a maximum height of 48
feet.
C. Area B. Coldstream Condominiums
The maximum height shall be 48 feet.
D. Area C. Glen Lyon Primary/Secondary and Single -Family Lots
The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or
mansard roof.
E. Area D. Glen Lyon Commercial Site
51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area
shall have a height under 32 feet. On the perimeter of the building for Area D,
height is measured from finished grade up to any point of the roof. On the
interior area of any building, height is measured from existing grade up to the
highest point of the roof. Development plan drawings shall constitute the height
allowances for Area D.
Site Coverage
AreaA: Not more than 45% of the total site area may be covered by buildings unless
otherwise indicated on the site specific development plans.
Area B: No more than 35% of the total site area shall be covered by buildings, provided,
if any portion of the area is developed as an institutional or educational center,
45% of the area may be covered unless otherwise indicated on the site specific
development plans.
Area C: No more than 25% of the total site area shall be covered by buildings, unless the
more restrictive standards of Chapter 12-21, Vail Town Code apply.
Area D: No more than 37% of the total site area shall be covered by buildings and the
parking structure.
Landscaping
At least the following percentages of the total development area shall be landscaped as
provided in the development plan. This shall include retention of natural landscape, if
appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent
(60%), of the area shall be landscaped unless otherwise indicated on the site specific
development plans.
Parking and Loading
A. Area A, Cascade Village
1. Off-street parking shall be provided in accordance with Chapter 12-10,
Vail Town Code, exceptthat75% ofthe required parking inAreaAshall be
located within a parking structure or buildings with the exception of
Millrace IV, Scenario I and the Westhaven Condominiums, where 66.6%
and 71 %, respectively, of required parking shall be enclosed in a building.
2. The total parking requirement, based on the proposed development plan
and provided in the Cascade parking Structure, is 383 spaces. A total of
421 parking spaces have been provided in the Cascade parking
structure. There is a surplus of 38 parking spaces in the Cascade
parking structure. Twenty-six (26) of the surplus parking spaces in the
Cascade Parking Structure are reserved for use by the Cascade Resort
and Spa (Hotel) to accommodate future changes in use or expansions
that may require parking. There shall be a total of 421 spaces in the
main Cascade parking structure SIub parking structure. A 4-7-5 10 percent
mixed-use credit per the Town of Vail parking code has been applied to the
total number of required parking spaces in the Cascade parking structure.
3. There shall be a total of 58 on-site parking spaces on the Liftside
Condominiums Building site with a minimum of 75% of the required space
located below grade. No mixed use credit shall be applied to this site.
4. There shall be a minimum of 56 enclosed parking spaces located within the
Cornerstone building. No mixed use credit has been applied to this lot.
5. The third floor of the Cascade parking structure shall not be used to meet any
parking requirements for accommodation units, transient residential dwelling
units, employee dwelling unitsordwelling units.
6. Phasing: All required parking for Cornerstone and Liftside Condominiums
Building shall be located on their respective sites. All required parking for
the Cascade Club Wellness Center Addition Scenario 1 shall be provided in
the Cascade parking structure.
7. Seventy-five percent of the required parking shall be located within the main
building or buildings and hidden from public view from adjoining properties
within a landscaped berm for Millrace III.
8. All loading and delivery shall be located within buildings or as approved in the
development plan.
B. Area B. Coldstream Condominiums
Fifty percent of the required parking shall be located within the main building or
buildings and hidden from public view from adjoining properties within a
landscaped berm.
C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots
Off-street parking shall be provided in accordance with Chapter 12-10 of the
Municipal Code.
1. Area D, Glen Lyon Commercial Site
2. Once the parking structure is constructed, the parking and access to Area
D shall be managed per the TDA Parking Report, Parking Management
Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery
Parking Analysis Update, dated January 16, 1990, both
written by Mr. David Leahy.
3. No loading or delivery of goods shall be allowed on the public right-of-way
along the South Frontage Road adjacent to the Area D development.
4. The owner of the property and brewery management shall prohibit semi -
truck and trailer truck traffic to the Glen Lyon Commercial site. The only
truck loading that shall be allowed to the site shall be vans having a
maximum length of 22 feet.
Recreation Amenities Tax Assessed
The recreational amenities tax due for the development within SDD No. 4 under Chapter
3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in
Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in
Development Area C; and at a rate not to exceed seventy-five cents per square foot of
floor area in Development Area D; and shall be paid in conjunction with each
construction phase prior to the issuance of building permits.
Conservation and Pollution Controls
A. The developer's drainage plan shall include a provision for prevention of pollution
from surface runoff.
B. The developer shall include in the building construction, energy and water
conservation controls as general technology exists at the time of construction.
C. The number of fireplaces permitted shall be as set forth in the Vail Town Code as
amended.
D. If fireplaces are provided within the development, they must be heat efficient
through the use of glass enclosures and heat circulating devices as technology
exists at the time of development.
E. All water features within Development Area A shall have overflow storm drains per
the recommendation of the Environmental Impact Report by Jamar Associates on
Page 34.
F. All parking structures shall have pollution control devices to prevent oil and dirt
from draining into Gore Creek.
G. In Area D, a manhole on the brewery service line shall be provided so that the
Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength.
H. In Area D, the brewery management shall not operate the brewery process
during temperature inversions. It shall be the brewery owner's responsibility to
monitor inversions.
I. All trash compactors and trash storage areas shall be completely enclosed within
Special Development District 4.
J. Protective measures shall be used during construction to prevent soil erosion
into Gore Creek, particularly when construction occurs in Areas A and D.
K. The two employee dwelling units in Area D shall only be allowed to have gas
fireplaces that meet the Town of Vail ordinances governing fireplaces.
Additional Amenities and Approval Agreements for Special Development District No. 4.
A. The developer shall provide or work with the Town to provide adequate private
transportation services to the owners and guests so as to transport them from the
development to the Village Core area and Lionshead area as outlined in the
approved development plan.
B. Area A, Cascade Village
1. The developer of the Westhaven Condominiums building shall construct a
sidewalk that begins at the entrance to the Cascade Club along Westhaven
Drive and extends to the west in front of the Westhaven building to
connect with the recreational path to Donovan Park, as indicated on the
approved development plans referenced in this ordinance. The walk shall
be constructed when a building permit is requested for the Westhaven
Condominiums. The sidewalk shall be part of the building permit plans.
The sidewalk shall be constructed subsequent to the issuance of a
building permit and prior to the issuance of a temporary certificate of
occupancy for the Westhaven Condominiums.
2. The developer shall provide 100 -year floodplain information for the area
adjacent to the Waterford and Cornerstone buildings to the Town of Vail
Community Development Department before building permits are released
for either project.
C. Area D, Glen Lyon Commercial Site.
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements
Employee Housing
The development of SDD No. 4 will have impacts on available employee housing within the
Upper Eagle Valley area. In order to help meet this additional employee housing need,
the developer(s) of Areas A and D shall provide employee housing. In Area D, the above
referenced employee housing requirement shall be provided on site. For the Westhaven
Condominiums site, the employee housing requirement shall be met as set forth in
Condition 3, as set forth in Ordinance No. 12, Series of 2005. There shall be a total of 2
employee dwelling units in the Liftside Condominiums Building. One shall be a minimum of
300 square feet and the other a minimum of 800 square feet. The developer of the
Westhaven Condominiums building shall provide 4,400 square feet of employee housing
pursuant to the terms of an agreement reached with the Town of Vail as described in
Condition 3, as set forth in Ordinance No. 12, Series of 2005.
The developer of Area D shall build 2 employee dwelling units in the Area D east
building per the approved plan for the East Building. In Area D one employee dwelling unit
shall have a minimum GRFA of 795 square feet and the second employee dwelling unit
shall have a minimum GRFA of 900 square feet. The GRFA and number of employee
units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee
Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town
Code prior to issuance of building permits for the respective project.
In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing
Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on
each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq.
ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled
to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600
sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to
remain (no increase in driveway width is required) for all allowed/required dwelling units
and employee housing units on these lots.
Time Requirements
SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of
Vail Town Code, unless such time requirement is amended herein.
Section 2. Special Development District No. 4
Special Development District No. 4 and the development plans for all sites other than the
development plan for the GFTeFsteae—Site Cascade Village, hereby remain approved for the
development of Special Development District No. 4 within the Town of Vail, unless they have
otherwise expired.
Section 3. Conditions of Approval for the Cascade Village Development Plan
The following conditions of approval are herein made part of this amending ordinance
and shall specifically and exclusively apply or pertain to the site specific development plans
approved and referenced herein for the Cascade Village:
1. Prior to the issuance of a building permit for the installation of any proposed
swimming pool or expansion of impervious materials in the pool deck area on
the south side of the hotel, the Developer shall obtain approval from the
Planning and Environmental Commission of a Minor Amendment to this Special
Development District No. 4.
Section 3 4. Conditions of Approval for the Cornerstone Site Development Plan
The following conditions of approval are herein made part of this amending ordinance and
shall specifically and exclusively apply or pertain to the site specific development plans approved
and referenced herein for the Cornerstone Site:
1. That the Developer revise the approved plans for the Cornerstone Building, prior to
or concurrent with any submittal for design review, to ensure that each employee
housing unit also include provisions for no less than one -hundred
(100) square feet of storage, per unit, on-site and within the structure;
2. That the Developer obtains final review and approval of the proposed
development plan by the Town of Vail for Review Board, prior to making an
application forthe issuance of a building permit.
3. That the Developer pays in full the employee housing mitigation fee of
$691.476.44 or otherwise complies with the Vail Town Code with regard to the
required mitigation, in a manner acceptable to the Town of Vail, using any one or a
combination of the permitted mitigation methods, pursuant to Section 12-23- 6B, and
Section 12-24-6B, Vail Town Code, prior to the issuance of a building permit.
4. That the Developer submits a complete set of civil engineered drawings of the
Approved Development Plans, including the following required off-site
improvements;
a. Design and Construct Westhaven Drive entrance improvements including;
additional turn lanes and adequate queuing areas, landscaped and
irrigated medians, (6') sidewalk connections from the proposed skier portal
to the Frontage Road on both sides of Westhaven Drive, a bus turnaround
and bus stop meeting Town of Vail and ECO standards, 3 skier drop-off
spaces, landscaping and adequate snow storage areas as approved by the
PublicWorks Department.
b. Design and Construct A 10' concrete walk along the South Frontage Road
from the western most point of the Cascade Parking/Conference building to a
point in front of the Liftside Condominiums, approximately 680' in length
(including crosswalk). The walk shall be detached wherever feasible and
separated by a minimum of a 5' landscaped and irrigated buffer.
Such drawings/plans shall be submitted to the Town of Vail Community
Development Department for review and shall receive approval prior to the
Developer making application for the issuance of a building permit.
5. That the Developer shall address and resolve, to the satisfaction of the Town
Engineer, all the comments and conditions identified in the memorandum from the
Town Engineer, and addressed to Scot Hunn, dated January 25, 2008, on any
civil engineered plans submitted in conjunction with building permits.
6. That the Developer pays in full, the Traffic Impact Fee of $117.000 (based on the 18
net pm peak hour trips) prior to the issuance of a building permit. All or a
portion of the fee may be offset by specific capacity improvements including the
cost of the design and construction of the left turn lane on Westhaven Drive.
7. That the Developer prepares a Cornerstone Building Art in Public Places Plan,
for input and comment by the Town of Vail Art in Public Places Board, prior to the
request for a temporary certificate of occupancy. Subject to the above input and
comment by the Art in Public Places Board, the Applicant will work with Town
Staff to determine the type and location of the art to be provided. Said Plan shall
include the funding, up to $50.000, for one (1) public art improvement to be
developed in conjunction with the Cornerstone Building project.
8. That the Developer provides the legally executed and duly recorded Type VII
deed restriction with the Eagle County Clerk & Recorder's Office in a form
approved by the Town Attorney for the four (4) on-site employee housing units,
and that said units shall be made available for occupancy, prior to the issuance of
a temporary certificate of occupancy for the Cornerstone Building project.
9. That the Developer integrate sustainable and/or energy efficient technologies
such as geothermal or ground source heating, active solar and high efficiency
heating and cooling systems and equipment in any further design and
construction specifications, to be approved by the Town prior to installation, for
all portions of the heated bus turn -around and skier drop-off areas identified on
the plans labeled "Cornerstone Schematic Bus Turnaround" by Alpine Engineering,
dated June, 3, 2008;
10. That the Developer submit a master sign program for design review for those
areas along Westhaven Drive and near the intersection of Westhaven Drive and
South Frontage Road, specifically for the purpose of directing skier parking within
the Cascade Resort parking structure and reducing, to the extent possible, the
amount of vehicles parked on South Frontage Road.
Section 4 5. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of
the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 6 6. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 6 7. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 7- 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of March, 2016, and a
public hearing for second reading of this Ordinance set for the 5th day of April 2016, at 6:00
P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED IN FULL this 5th day of April, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
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
2016, on the Town of Vail's web site, www.vailgov.com, on the 6T" day of March,
2016.
Witness my hand and seal this 6t" day of March, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 7
SERIES 2016
AN ORDINANCE AMENDING SECTION 11-7-15, SKI BASE AREA SIGNS, OF
THE VAIL TOWN CODE, REGARDING SKI BASE AREA SIGNS
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a
home rule municipal corporation duly organized and existing under laws of the State of Colorado and
the Vail Town Charter;
WHEREAS, Section 11-7-15, Ski Base Area Signs, of the Vail Town Code disallows the
advertising of on -mountain recreational activities;
WHEREAS, the Town Council desires to amend Section 11-7-15 to allow the advertising of
on -mountain recreational activities;
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public
hearings on the proposed prescribed regulations amendment and has submitted its recommendation
to the Vail Town Council;
WHEREAS, the Vail Town Council finds that the proposed amendment is consistent with the
applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and
WHEREAS, the Vail Town Council finds that the amendment furthers the general and
specific purposes of the sign regulations; and
WHEREAS, the Vail Town Council finds that the amendment promotes the health, safety,
morals and general welfare of the town and promotes the coordinated and harmonious development
of the town in a manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Section 11-7-15 of the Vail Town Code is hereby amended as follows:
A. Description: These regulations apply to all signs erected within the ski base areas. These regulations are
intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are
necessary to clearly communicate the multi -seasonal recreational activities available on the ski mountain.
There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these
regulations is to provide the highest level of guest services while maintaining the highest quality resort
character. It is not the intent of these regulations to provide a competitive advantage to on mountain
commercial uses.
1. Number: Subject to design review.
2. Area: Subject to design review.
3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8)
above pedestrian -ways and a minimum clearance of fifteen feet (1 S) above vehicular -ways. No part of a ski
base sign shall extend more than twenty five feet (25) above grade.
4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection
11-5-3I, 'Placement On Public Property", of this title.
5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A frame and sandwich board
style signs are prohibited.
Ordinance No. 7, Series of 2016
6. Lighting. Subject to design review.
7. Landscaping. Subject to design review.
8. Special Provisions:
a. A sign program is required in accordance with the provisions of chapter 8 of this title.
b. Signs shall permit the advertising of multi -seasonal recreational activities available on the ski mountain
as provided by the operator of the ski mountain.
c. Signs advertising on mountain eating and drinking establishments, retail stores and establishments, and
other commercial uses shall be prohibited.
Section 2. Severability. If any part, section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of
the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 3. Retroactivity. The amendment of any provision of the Town Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 4. Repeal. 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 April, 2016 and a public hearing for second
reading of this Ordinance is set for the 19th day of April, 2016, in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 7, Series of 2016
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
2016, on the Town of Vail's web site, www.vailgov.com, on the 19TH day of April,
2016.
Witness my hand and seal this 19th day of April, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 7
SERIES 2016
AN ORDINANCE AMENDING SECTION 11-7-15, SKI BASE AREA SIGNS, OF
THE VAIL TOWN CODE, REGARDING SKI BASE AREA SIGNS
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a
home rule municipal corporation duly organized and existing under laws of the State of Colorado and
the Vail Town Charter;
WHEREAS, Section 11-7-15, Ski Base Area Signs, of the Vail Town Code disallows the
advertising of on -mountain recreational activities;
WHEREAS, the Town Council desires to amend Section 11-7-15 to allow the advertising of
on -mountain recreational activities;
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public
hearings on the proposed prescribed regulations amendment and has submitted its recommendation
to the Vail Town Council;
WHEREAS, the Vail Town Council finds that the proposed amendment is consistent with the
applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and is compatible with the development objectives of the Town; and
WHEREAS, the Vail Town Council finds that the amendment furthers the general and
specific purposes of the sign regulations; and
WHEREAS, the Vail Town Council finds that the amendment promotes the health, safety,
morals and general welfare of the town and promotes the coordinated and harmonious development
of the town in a manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Section 11-7-15 of the Vail Town Code is hereby amended as follows:
A. Description: These regulations apply to all signs erected within the ski base areas. These regulations are
intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are
necessary to clearly communicate the multi -seasonal recreational activities available on the ski mountain.
There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these
regulations is to provide the highest level of guest services while maintaining the highest quality resort
character. It is not the intent of these regulations to provide a competitive advantage to on mountain
commercial uses.
1. Number: Subject to design review.
2. Area: Subject to design review.
3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8)
above pedestrian -ways and a minimum clearance of fifteen feet (1 S) above vehicular -ways. No part of a ski
base sign shall extend more than twenty five feet (25) above grade.
4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection
11-5-3I, 'Placement On Public Property", of this title.
5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A frame and sandwich board
style signs are prohibited.
Ordinance No. 7, Series of 2016
6. Lighting. Subject to design review.
7. Landscaping. Subject to design review.
8. Special Provisions:
a. A sign program is required in accordance with the provisions of chapter 8 of this title.
b. Signs shall permit the advertising of multi -seasonal recreational activities available on the ski mountain
as provided by the operator of the ski mountain.
c. Signs advertising on -mountain third parry corporate sponsors or logos as determined at the sole discretion
of the Town's reviewing agencies, eating and drinking establishments, retail stores and establishments, and
other commercial uses shall be prohibited.
Section 2. Severability. If any part, section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of
the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 3. Retroactivity. The amendment of any provision of the Town Code as
provided in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 4. Repeal. 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 April, 2016, and a
public hearing for second reading of this Ordinance set for the 19th day of April 2016, at 6:00 P.M. in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 7, Series of 2016
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 19th day of April, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 7, Series of 2016
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
2016, on the Town of Vail's web site, www.vailgov.com, on the 16th day of
March, 2016.
Witness my hand and seal this 16th day of March, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 8
SERIES OF 2016
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HEAVY
EQUIPMENT FUND, AND DISPATCH FUND OF THE 2016 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 2016 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
15, Series of 2015, adopting the 2016 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 2016 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 196,031
Capital Projects Fund 6,126,397
Real Estate Transfer Tax Fund 8,038,328
Heavy Equipment Fund 31,500
Dispatch 1,000
Total $ 14,393,255
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. 8, Series of 2016
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 5th day of April, 2016, and a public hearing shall be held on this Ordinance on
the 19th day of April, 2016, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 8, Series of 2016
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
2016, on the Town of Vail's web site, www.vailgov.com, on the 19th day of April,
2016.
Witness my hand and seal this 19th day of April, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 8
SERIES OF 2016
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH
SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2016 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 2016 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
15, Series of 2015, adopting the 2016 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 2016 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 196,031
Capital Projects Fund 6,126,397
Real Estate Transfer Tax Fund 8,550,828
Heavy Equipment Fund 31,500
Dispatch 1,000
Total $ 14,905,756
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. 8, Series of 2016
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 5th day of April, 2016, and a public hearing shall be held on this Ordinance on
the 19th day of April, 2016, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 19th
day of April 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 8, Series of 2016
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
2016, on the Town of Vail's web site, www.vailgov.com, on the 8th day of June,
2016.
Witness my hand and seal this 8t" day of June, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 9
SERIES 2016
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 7 OF THE VAIL
TOWN CODE TO REGULATE ELECTRIC ASSISTED BICYCLES AND
ALLOW ELECTRIC ASSISTED BICYCLES ON BICYCLE AND
PEDESTRIAN PATHS IN THE TOWN
WHEREAS, the Town encourages alternative transportation modes that are
environmentally friendly and that reduce society's dependence on fossil fuels;
WHEREAS, the Town desires to promote the use of electric assisted bicycles as
an alternate mode of transportation and to encourage more people to complete trips by
environmentally -friendly modes of transportation;
WHEREAS, currently, the Vail Town Code does not permit electric assisted
bicycles to be operated on bicycle and pedestrian paths; and
WHEREAS, the Town Council desires to safely integrate electric assisted
bicycles into the Town's bicycle and pedestrian path system and to ensure that the use
of electric assisted bicycles as an alternate mode of transportation contemplated by this
ordinance is safe, prudent, and in the best interest of all users.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. Section 7-4-1 of the Vail Town Code is hereby amended to include
the following new definition:
ELECTRIC ASSISTED BICYCLE: A vehicle having two tandem wheels or
two parallel wheels and one forward wheel, fully operable pedals, an
electric motor not exceeding seven hundred fifty (750) watts of power
rating, and a top motor -powered speed of twenty (20) miles per hour.
Section 2. The definition of "motor vehicle" contained in Section 7-4-1 of the
Vail Town Code is hereby amended to read as follows:
MOTOR VEHICLE: Any self-propelled vehicle, other than an electric
assisted bicvcle or electronic personal assistive mobility device (EPAMD),
which is designed primarily for travel on the public streets and highways
and which is generally and commonly used to transport persons and
property over the public streets and highways.
Section 3. Section 7-4-5 of the Vail Town Code is hereby renumbered as
Section 7-4-6.
Section 4. Former Section 7-4-5 of the Vail Town Code is hereby replaced
with the following:
1 5/31/2016
C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCI69B22954-79A0-4683-BCC9-
8201580B3FFMVAIL GOV. 7812. 1. ORDINANCENO._9SERIES_OF2016. DOC
7-4-5: ELECTRIC ASSISTED BICYCLES:
A. Model Traffic Code:
1. Except as otherwise provided in this Section, the operation
of electric assisted bicycles in the Town shall be exempt from the
Model Traffic Code adopted by the Town as well as such other
Town ordinances that regulate motorized vehicles in the Town.
2. For purposes of operation, parking, and equipment, electric
assisted bicycles shall be considered bicycles and shall be subject
to the provisions and regulations concerning bicycles contained in
the Model Traffic Code adopted by the Town.
B. Bicycle and Pedestrian Paths: A person may operate an electric
assisted bicycle, with the motor activated, on any bicycle and pedestrian
path in the Town, other than a bicycle and pedestrian path in any of the
prohibited areas set forth below.
C. Prohibited Areas: It is unlawful for a person to operate an electric
assisted bicycle with the motor activated in or on the following:
1. Vail Nature Center;
2. Betty Ford Alpine Garden;
3. Village Streamwalk;
4. Children's playgrounds;
5. Turf areas;
6. Natural/unimproved areas;
7. Pedestrian areas of Vail Village and Lionshead Village;
8. Sidewalks that are not part of a designated bicycle and
pedestrian path; or
9. Streets and highways that are parts of the state highway
system.
D. Minimum Age: An electric assisted bicycle shall only be operated
by persons sixteen (16) years of age or older.
E. Exception: The provisions of this Section limiting the use of electric
assisted bicycles shall not apply to a person with a mobility impairment
2 5/31/2016
C: IPRO GRAM FILES (X86)WEEVIA. COMI DOCCONVERTERPROI TEMPI NVDCI69B22954-79A0-4683-BCC9-
8201580B3FF0WAIL GOV. 7812. 1. ORDINANCENO._9SERIES_OF 2016.DOC
caused by physical disability that uses the device to enhance that person's
mobility.
F. Equipment: All electric assisted bicycles operated in the Town shall
be equipped with audible warning devices.
G. To allow for safe integration of electric assisted bicycles on bicycle
and pedestrian paths, the Town Manager may prescribe, adopt,
promulgate and enforce reasonable rules that restrict or otherwise limit the
time, place or manner of operation or use of electric assisted bicycles;
Section 5. Not later than 180 days after the effective date of this ordinance,
Town staff shall provide a report to the Town Council that evaluates whether use of
electric assisted bicycles on pedestrian paths is safe, prudent, and in the best interest of
all users of the Town's bicycle and pedestrian path system, so that the Town Council
may determine whether this ordinance should be repealed.
Section 6. If any part, section, subsection, sentence, clause or phrase of this
ordinance for any reason is held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares that it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of any one or more parts, sections, subsections,
sentences, clauses or phrases declared invalid.
Section 7. The Town Council hereby finds, determines, and declares that this
ordinance is necessary and proper for the health, safety, and welfare of the Town and
the inhabitants thereof.
Section 8. The amendment of any provision of the 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.
3 5/31/2016
C: IPRO GRAM FILES (X86)WEEVIA. COMI DOCCONVERTERPROI TEMPI NVDCI69B22954-79A0-4683-BCC9-
8201580B3FFMVAIL GOV. 7812. 1. ORDINANCENO._9SERIES_OF 2016.DOC
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this day of ,
2016 and a public hearing for second reading of this Ordinance is set for the day
of , 2016, in the Council Chambers of the Vail Municipal Building,
Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
4 5/31/2016
C: IPRO GRAM FILES (X86)WEEVIA. COMI DOCCONVERTERPROI TEMPI NVDCI69B22954-79A0-4683-BCC9-
8201580B3FF0WAIL GOV. 7812. 1. ORDINANCENO._9SERIES_OF 2016.DOC
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 9 Series of
2016, on the Town of Vail's web site, www.vailgov.com, on the 6th day of July,
2016.
Witness my hand and seal this 6t" day of July, 2016.
CLO�,�f \�
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 9
SERIES 2016
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 7 OF THE VAIL
TOWN CODE TO REGULATE ELECTRIC ASSISTED BICYCLES AND
ALLOW ELECTRIC ASSISTED BICYCLES ON BICYCLE AND
PEDESTRIAN PATHS IN THE TOWN
WHEREAS, the Town encourages alternative transportation modes that are
environmentally friendly and that reduce society's dependence on fossil fuels;
WHEREAS, the Town desires to promote the use of electric assisted bicycles as
an alternate mode of transportation and to encourage more people to complete trips by
environmentally -friendly modes of transportation;
WHEREAS, currently, the Vail Town Code does not permit electric assisted
bicycles to be operated on bicycle and pedestrian paths; and
WHEREAS, the Town Council desires to safely integrate electric assisted
bicycles into the Town's bicycle and pedestrian path system and to ensure that the use
of electric assisted bicycles as an alternate mode of transportation contemplated by this
ordinance is safe, prudent, and in the best interest of all users.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. Section 7-4-1 of the Vail Town Code is hereby amended to include
the following new definition:
ELECTRIC ASSISTED BICYCLE: A vehicle having two tandem wheels or
two parallel wheels and one forward wheel, fully operable pedals, an
electric motor not exceeding five hundred (500) watts of power rating, and
a top motor -powered speed of twenty (20) miles per hour.
Section 2. The definition of "motor vehicle" contained in Section 7-4-1 of the
Vail Town Code is hereby amended to read as follows:
MOTOR VEHICLE: Any self-propelled vehicle, other than an electric
assisted bicycle or electronic personal assistive mobility device (EPAMD),
which is designed primarily for travel on the public streets and highways
and which is generally and commonly used to transport persons and
property over the public streets and highways.
Section 3. Section 7-4-5 of the Vail Town Code is hereby renumbered as
Section 7-4-6.
Section 4. Former Section 7-4-5 of the Vail Town Code is hereby replaced
with the following:
1 6/30/2016
C: IUSERSI TNA GEL. VAILGOV. 0231APPDATAIL OCAL IMICROSOFTIWINDOWSIINETCACHEI CONTENT. 0UTL00KWZNDL7MT1
E -BIKES -0062816 (2).DOC
7-4-5: ELECTRIC ASSISTED BICYCLES:
A. Model Traffic Code:
1. Except as otherwise provided in this Section, the operation
of electric assisted bicycles in the Town shall be exempt from the
Model Traffic Code adopted by the Town as well as such other
Town ordinances that regulate motorized vehicles in the Town.
2. For purposes of operation, parking, and equipment, electric
assisted bicycles shall be considered bicycles and shall be subject
to the provisions and regulations concerning bicycles contained in
the Model Traffic Code adopted by the Town.
B. Bicycle and Pedestrian Paths: A person may operate an electric
assisted bicycle, with the motor activated, on any bicycle and pedestrian
path in the Town, other than a bicycle and pedestrian path in any of the
prohibited areas set forth below.
C. Prohibited Areas: It is unlawful for a person to operate an electric
assisted bicycle with the motor activated in or on the following:
1. Vail Nature Center;
2. Betty Ford Alpine Garden;
3. Village Streamwalk;
4. Children's playgrounds;
5. Turf areas;
6. Natural/unimproved areas; or
7. Sidewalks that are not part of a designated bicycle and
pedestrian path.
D. Minimum Age: An electric assisted bicycle shall only be operated
by persons sixteen (16) years of age or older.
E. Exception: The provisions of this Section limiting the use of electric
assisted bicycles shall not apply to a person with a mobility impairment
caused by physical disability that uses the device to enhance that person's
mobility.
F. Equipment: All electric assisted bicycles operated in the Town shall
be equipped with audible warning devices.
2 6/30/2016
C: IUSERSI TNA GEL. VAILGOV. 0231APPDATAIL OCAL IMICROSOFTIWINDOWSIINETCACHEI CONTENT. OUTLOOKWZNDL7MT1
E -BIKES -0062816 (2).DOC
G. Rules: To allow for safe integration of electric assisted bicycles on
bicycle and pedestrian paths, the Town Manager may prescribe, adopt,
promulgate and enforce reasonable rules that restrict or otherwise limit the
time, place or manner of operation or use of electric assisted bicycles;
Section 5. Not later than 180 days after the effective date of this ordinance,
Town staff shall provide a report to the Town Council that evaluates whether use of
electric assisted bicycles on pedestrian paths is safe, prudent, and in the best interest of
all users of the Town's bicycle and pedestrian path system, so that the Town Council
may determine whether this ordinance should be repealed.
Section 6. If any part, section, subsection, sentence, clause or phrase of this
ordinance for any reason is held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares that it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of any one or more parts, sections, subsections,
sentences, clauses or phrases declared invalid.
Section 7. The Town Council hereby finds, determines, and declares that this
ordinance is necessary and proper for the health, safety, and welfare of the Town and
the inhabitants thereof.
Section 8. The amendment of any provision of the 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 7t" day of June, 2016 and a
public hearing for second reading of this Ordinance is set for the 5t" day of July, 2016, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
3 6/30/2016
C: IUSERSI TNA GEL. VAILGOV. 0231APPDATAIL OCAL IMICROSOFTIWINDOWSIINETCACHEI CONTENT. 0UTL00KWZNDL7MT1
E -BIKES -0062816 (2).DOC
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 5t" day of July, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
4 6/30/2016
C: I USERSI TNAGEL. VAIL GOV. 0231 APPDATAI LOCAL I MI CROSOFTI WINDOWSIINETCACHEI CONTENT OUTLOOKI NZNDL 7MT1
E -BIKES -0062816 (2).DOC
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 10 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 18th day of
May, 2016.
Witness my hand and seal this 18th day of May, 2016.
CLO�,�f \�
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 10
SERIES 2016
AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 5 OF THE VAIL
TOWN CODE CONCERNING COSTS ASSOCIATED WITH THE
TOWN'S PROVISION OF FIRE PROTECTION SERVICES TO
PROPERTIES LOCATED OUTSIDE TOWN BOUNDARIES
WHEREAS, the Town's Fire Department provides fire protection services to
properties located outside its municipal boundaries; and
WHEREAS, the Town desires to clarify the responsibility for the costs associated
with the provision of fire protection services to properties outside its municipal
boundaries.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 5-7-1 of the Vail Town Code hereby is amended to read as
follows:
5-7-1: PURPOSE:
The Town Council finds and determines that it would be of benefit to the
Town as well as to the areas outside the Town of Vail boundary to
continue providing fire protection services to these areas under the
conditions set forth in this Chapter, because provision of such services
would protect property located outside the Town and would also help
prevent the spread of any fire into the Town itself.
Section 2. Section 5-7-2 of the Vail Town Code is hereby amended to read as
follows:
5-7-2: SERVICES OUTSIDE TOWN BOUNDARIES; FEES:
A. Response: The Town Fire Department may respond to requests
for fire protection services out of the Town's boundaries. Because the
Town operates the dispatch for emergency and fire services for Eagle
County, the Eagle County Sheriff is not required to request that the Town
respond to fires outside the Town's boundaries.
Ordinance No. 10, Series of 2016
B. Alternative Fees: As an alternative to the fee schedule set forth in
subsection C below, the Town may enter into contracts with property
owners, homeowners' associations or tenants for the provision of fire
protection services outside the Town's boundaries. When such a service
contract is in place, the fees for fire protection services shall be as stated
in such service contract, and no additional fees or costs shall be charged
for a response to a request for fire protection services.
C. Fees: The fees for provision of fire protection services outside
Town boundaries without a service contract shall be as currently adopted
by the Town Council and shall be set forth on the schedule of fees
maintained in the Fire Department.
D. Liability: If a property is not subject to a service contract for fire
protection services as described in subsection B hereof, and the Town
Fire Department responds to a request, the Town may seek
reimbursement from the property owner(s) and/or any party benefited by
such fire protection services, as determined by the Fire Chief in his or her
sole discretion, for the actual costs incurred by the Town in the provision
of such fire protection services. The party benefiting from the fire
protection services and the property owner(s) shall be jointly and severally
liable for such costs. Any such costs, if unpaid, may be certified to the
Eagle County Treasurer as a first and prior lien on any associated real
property.
Section 3. If any part, section, subsection, sentence, clause, or phrase of this
ordinance for any reason is held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares that it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of any one or more parts, sections, subsections,
sentences, clauses, or phrases being declared invalid.
Section 4. The Town Council hereby finds, determines, and declares that this
ordinance is necessary and proper for the health, safety, and welfare of the Town and
the inhabitants thereof.
Section 5. The amendment of any provision of the Vail Town Code, as
provided in this ordinance, shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repeal
Ordinance No. 10, Series of 2016
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 10th day of April, 2016 and a
public hearing for second reading of this Ordinance is set for the 17th day of May, 2016,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 10, Series of 2016
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 2016, on the Town of Vail's web site, www.vailgov.com, on the 18th day of
May, 2016.
Witness my hand and seal this 18th day of May, 2016.
CLO�,�f \�
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 10
SERIES 2016
AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 5 OF THE VAIL
TOWN CODE CONCERNING COSTS ASSOCIATED WITH THE
TOWN'S PROVISION OF FIRE PROTECTION SERVICES TO
PROPERTIES LOCATED OUTSIDE TOWN BOUNDARIES
WHEREAS, the Town's Fire Department provides fire protection services to
properties located outside its municipal boundaries; and
WHEREAS, the Town desires to clarify the responsibility for the costs associated
with the provision of fire protection services to properties outside its municipal
boundaries.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 5-7-1 of the Vail Town Code hereby is amended to read as
follows:
5-7-1: PURPOSE:
The Town Council finds and determines that it would be of benefit to the
Town as well as to the areas outside the Town of Vail boundary to
continue providing fire protection services to these areas under the
conditions set forth in this Chapter, because provision of such services
would protect property located outside the Town and would also help
prevent the spread of any fire into the Town itself.
Section 2. Section 5-7-2 of the Vail Town Code is hereby amended to read as
follows:
5-7-2: SERVICES OUTSIDE TOWN BOUNDARIES; FEES:
A. Response: The Town Fire Department may respond to requests
for fire protection services out of the Town's boundaries. Because the
Town operates the dispatch for emergency and fire services for Eagle
County, the Eagle County Sheriff is not required to request that the Town
respond to fires outside the Town's boundaries.
Ordinance No. 10, Series of 2016
B. Alternative Fees: As an alternative to the fee schedule set forth in
subsection C below, the Town may enter into contracts with property
owners, homeowners' associations or tenants for the provision of fire
protection services outside the Town's boundaries. When such a service
contract is in place, the fees for fire protection services shall be as stated
in such service contract, and no additional fees or costs shall be charged
for a response to a request for fire protection services.
C. Fees: The fees for provision of fire protection services outside
Town boundaries without a service contract shall be as currently adopted
by the Town Council and shall be set forth on the schedule of fees
maintained in the Fire Department.
D. Liability: If a property is not subject to a service contract for fire
protection services as described in subsection B hereof, and the Town
Fire Department responds to a request, the Town may seek
reimbursement from the property owner(s) and/or any party benefited by
such fire protection services, as determined by the Fire Chief in his or her
sole discretion, for the actual costs incurred by the Town in the provision
of such fire protection services. The party benefiting from the fire
protection services and the property owner(s) shall be jointly and severally
liable for such costs. Any such costs, if unpaid, may be certified to the
Eagle County Treasurer as a first and prior lien on any associated real
property.
Section 3. If any part, section, subsection, sentence, clause, or phrase of this
ordinance for any reason is held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares that it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of any one or more parts, sections, subsections,
sentences, clauses, or phrases being declared invalid.
Section 4. The Town Council hereby finds, determines, and declares that this
ordinance is necessary and proper for the health, safety, and welfare of the Town and
the inhabitants thereof.
Section 5. The amendment of any provision of the Vail Town Code, as
provided in this ordinance, shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repeal
Ordinance No. 10, Series of 2016
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 10th day of April, 2016 and a
public hearing for second reading of this Ordinance is set for the 17th day of May, 2016,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 10, Series of 2016
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 2016, on the Town of Vail's web site, www.vailgov.com, on the 8th day of
June, 2016.
Witness my hand and seal this 8t" day of June, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 11
Series of 2016
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 11, SERIES
2014, WHICH ADOPTED THE APPROVED DEVELOPMENT PLAN FOR PHASE III
OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO
SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW
FOR AN INCREASE IN GROSS RESIDENTIAL FLOOR AREA TO FACILITATE
ADDITIONS TO EXISTING DWELLING UNITS, LOCATED AT 100 EAST MEADOW
UNITS 501 AND 502 (VAIL VILLAGE INN, PHASE III) /LOT 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. 11, Series of 2014, amended the approved
development plan for Phase III of Special Development District No. 6, Vail Village Inn;
and
WHEREAS, amendments to a Special Development District are permitted
pursuant to the parameters set forth for such in Section 12-9A-10, Vail Town Code; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
held a public hearing on May 9, 2016 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 3-1;
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
WHEREAS, the Town Council finds that the special development district
amendment does comply with the standards listed Article 12-9A, Special Development
District, or that a practical solution consistent with the public interest has been
achieved; and
WHEREAS, the Vail Town Council finds that the special development district
amendment is consistent with the adopted goals, objectives and policies outlined in the
Ordinance No. 11, Series of 2016 1
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 III 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 11, Series of 2014
to amend the approved development plan for Phase III of Special Development District
No. 6 to increase the allowable gross residential floor area (GRFA). This amendment
increases the allowable GRFA in Phase III from 46,859 square feet to 46,903 square feet,
an increase of 44 square feet.
Ordinance No. 11, Series of 2014, is hereby amended as follows (all additions are
illustrated with bold italics, deletions are illustrated with strikethr,,u h, and text not
affected has been omitted):
Ordinance No. 11, Series of 2016 2
Section 2. Amendment Procedures Fulfilled, Planning Commission Report
The approval procedures described in Article 12-9A of the Vail Municipal Code have beer
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 III.
Section 3. Special Development District No. 6
The Special Development District and the major amendment to the Approved
Development Plan for Phase III 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 III
The amended development plan for Special Development District No. 6, Vail Village
Inn, Phase Ill, shall include the following plans and materials prepared by Eggers
Architects, Inc., dated March 10, 2016 and stamped approved by the Town of Vail,
dated May 9, 2016 (as may be further amended by the Town of Vail Design Review
Board):
A. A1.4 Roof Plan, Proposed
B. A2.1 South Elevation, Proposed
C. A2.3 North Elevation, Proposed
D. A2.5 West Elevation, Proposed
Ordinance No. 11, Series of 2016 3
•.
.. - ... _.
The amended development plan for Special Development District No. 6, Vail Village
Inn, Phase Ill, shall include the following plans and materials prepared by Eggers
Architects, Inc., dated March 10, 2016 and stamped approved by the Town of Vail,
dated May 9, 2016 (as may be further amended by the Town of Vail Design Review
Board):
A. A1.4 Roof Plan, Proposed
B. A2.1 South Elevation, Proposed
C. A2.3 North Elevation, Proposed
D. A2.5 West Elevation, Proposed
Ordinance No. 11, Series of 2016 3
The amended Development Plan for Special Development District No. 6, Vail Village
Inn, Phase III, shall include the following plans and materials prepared by Blue Line
Architects, dated September 24, 2008:
A.
A1.3 Parking Map
B.
A2.1 Level 95.0 Existing
C.
A2.2 Level 95.0 Proposed
D.
A2.3 Level 105.0 Existing
E.
A2.4 Level 105.0 Proposed
F.
A2.5 Level 114.4 Existing
G.
A3.1 Exterior Elevations
H.
A3.2 Exterior Elevations
I.
A5.1 Vicinity Map
Section 5. Condition of Approval for Special Development District No. 6, Phase
III.
•
I r
10101110. IN I I
? The anuli nt shall reneiye and ubr-nit in nilmn ' n w4ththe hu#dinry
v—rr�c-apprrC�rrrvrrrnrrccc�vc-arrcrra-Irnrrrc�rr�-rc crr
peFn41
for all imnantc+ fn the oath 4;gntarle Rear) Cast innlUdinnonc�tFUG inn
1 rl
staging, ['•['• If nenea -y
4 The anuli nt shall a Bend ene ded nonrinn9iniUn•1 man to rent the
4. The ccvrcrccr car ccs
3Gln ane in fleer area and snane designation, prior to requesting any
nen'ifinate of onnlrnannv 3spen4nn
the _C, -en a (]earl w4h Tewn of 1W tFeetfights p r Pi4bfiG IA bFWs
cnenifi '. ,„ T I tion of c treetU htn s deni t in C��tFeetligm
�c�ccrrr�tttil-l--ri-Ie�F��crvrrvrLYli.�crcclYii�rrc�-rst�c�arEt� LYIi.� crr�-rr
-61X- -4- the n-ay'6-, 2044T-EG130046 Town
G-A-lipr en4e.7e n�ber�e141 fiXtl/rec shall he deteFmine PyIh
Ordinance No. 11, Series of 2016 4
Conditions applied by the Planning and Environmental Commission in
conjunction with the May 9, 2016 recommendation of approval with conditions:
1. The applicant shall mitigate the employee generation impact created
by the addition of 836 square feet of GRFA in accordance with the
provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code.
The applicant shall make the required fee in lieu payment to the
Town of Vail prior to the issuance of any building permit.
2. 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, if necessary.
3. The applicant shall amend the recorded condominium map to reflect
the increase in floor area and space designation, prior to requesting
any final planning or building inspection.
4. The applicant shall replace the three (3) existing street lights located
along the Frontage Road with Town of Vail street lights per Public
Work's specification. The location of the streetlights is depicted in the
Streetlight Exhibit, included as Attachment C to the May 6, 2014
PEC130046 Town Council Memo. The number of new fixtures shall be
determined by the Director of Public Works and will not exceed three.
The new street lights shall be installed prior to requesting any final
planning or building inspection.
Section 6. Applicability
The changes contained in this ordinance shall only apply to the approved development
plan for Phase III 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, PEC16-0014. 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 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
Ordinance No. 11, Series of 2016 5
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.
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 7t" day of June, 2016 and a
public hearing for second reading of this Ordinance set for the 21 st day of June, 2016,
at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
/_�111111111ams
Patty McKenny, Town Clerk
Ordinance No. 11, Series of 2016 6
READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in
full this 21St day of June, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 11, Series of 2016 7
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 11 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of
June, 2016.
Witness my hand and seal this 22nd day of June, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 11
Series of 2016
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 11, SERIES
2014, WHICH ADOPTED THE APPROVED DEVELOPMENT PLAN FOR PHASE III
OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO
SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW
FOR AN INCREASE IN GROSS RESIDENTIAL FLOOR AREA TO FACILITATE
ADDITIONS TO EXISTING DWELLING UNITS, LOCATED AT 100 EAST MEADOW
UNITS 501 AND 502 (VAIL VILLAGE INN, PHASE III) /LOT 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. 11, Series of 2014, amended the approved
development plan for Phase III of Special Development District No. 6, Vail Village Inn;
and
WHEREAS, amendments to a Special Development District are permitted
pursuant to the parameters set forth for such in Section 12-9A-10, Vail Town Code; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
held a public hearing on May 9, 2016 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 3-1;
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
WHEREAS, the Town Council finds that the special development district
amendment does comply with the standards listed Article 12-9A, Special Development
District, or that a practical solution consistent with the public interest has been
achieved; and
WHEREAS, the Vail Town Council finds that the special development district
amendment is consistent with the adopted goals, objectives and policies outlined in the
Ordinance No. 11, Series of 2016 1
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 III 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 11, Series of 2014
to amend the approved development plan for Phase III of Special Development District
No. 6 to increase the allowable gross residential floor area (GRFA). This amendment
increases the allowable GRFA in Phase III from 46,859 square feet to 46,903 square feet,
an increase of 44 square feet.
Ordinance No. 11, Series of 2014, is hereby amended as follows (all additions are
illustrated with bold italics, deletions are illustrated with strikethr,,u h, and text not
affected has been omitted):
Ordinance No. 11, Series of 2016 2
Section 2. Amendment Procedures Fulfilled, Planning Commission Report
The approval procedures described in Article 12-9A of the Vail Municipal Code have beer
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 III.
Section 3. Special Development District No. 6
The Special Development District and the major amendment to the Approved
Development Plan for Phase III 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 III
The amended development plan for Special Development District No. 6, Vail Village
Inn, Phase Ill, shall include the following plans and materials prepared by Eggers
Architects, Inc., dated March 10, 2016 and stamped approved by the Town of Vail,
dated May 9, 2016 (as may be further amended by the Town of Vail Design Review
Board):
A. A1.4 Roof Plan, Proposed
B. A2.1 South Elevation, Proposed
C. A2.3 North Elevation, Proposed
D. A2.5 West Elevation, Proposed
Ordinance No. 11, Series of 2016 3
•.
.. - ... _.
The amended development plan for Special Development District No. 6, Vail Village
Inn, Phase Ill, shall include the following plans and materials prepared by Eggers
Architects, Inc., dated March 10, 2016 and stamped approved by the Town of Vail,
dated May 9, 2016 (as may be further amended by the Town of Vail Design Review
Board):
A. A1.4 Roof Plan, Proposed
B. A2.1 South Elevation, Proposed
C. A2.3 North Elevation, Proposed
D. A2.5 West Elevation, Proposed
Ordinance No. 11, Series of 2016 3
The amended Development Plan for Special Development District No. 6, Vail Village
Inn, Phase III, shall include the following plans and materials prepared by Blue Line
Architects, dated September 24, 2008:
A.
A1.3 Parking Map
B.
A2.1 Level 95.0 Existing
C.
A2.2 Level 95.0 Proposed
D.
A2.3 Level 105.0 Existing
E.
A2.4 Level 105.0 Proposed
F.
A2.5 Level 114.4 Existing
G.
A3.1 Exterior Elevations
H.
A3.2 Exterior Elevations
I.
A5.1 Vicinity Map
Section 5. Condition of Approval for Special Development District No. 6, Phase
III.
•
I r
10101110. IN I I
? The anuli nt shall reneiye and ubr-nit in nilmn ' n w4ththe hu#dinry
v—rr�c-apprrC�rrrvrrrnrrccc�vc-arrcrra-Irnrrrc�rr�-rc crr
peFn41
for all imnantc+ fn the oath 4;gntarle Rear) Cast innlUdinnonc�tFUG inn
1 rl
staging, ['•['• If nenea -y
4 The anuli nt shall a Bend ene ded nonrinn9iniUn•1 man to rent the
4. The ccvrcrccr car ccs
3Gln ane in fleer area and snane designation, prior to requesting any
nen'ifinate of onnlrnannv 3spen4nn
the _C, -en a (]earl w4h Tewn of 1W tFeetfights p r Pi4bfiG IA bFWs
cnenifi '. ,„ T I tion of c treetU htn s deni t in C��tFeetligm
�c�ccrrr�tttil-l--ri-Ie�F��crvrrvrLYli.�crcclYii�rrc�-rst�c�arEt� LYIi.� crr�-rr
-61X- -4- the n-ay'6-, 2044T-EG130046 Town
G-A-lipr en4e.7e n�ber�e141 fiXtl/rec shall he deteFmine PyIh
Ordinance No. 11, Series of 2016 4
Conditions applied by the Planning and Environmental Commission in
conjunction with the May 9, 2016 recommendation of approval with conditions:
1. The applicant shall mitigate the employee generation impact created
by the addition of 836 square feet of GRFA in accordance with the
provisions of Chapter 12-24, Inclusionary Zoning, Vail Town Code.
The applicant shall make the required fee in lieu payment to the
Town of Vail prior to the issuance of any building permit.
2. 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, if necessary.
3. The applicant shall amend the recorded condominium map to reflect
the increase in floor area and space designation, prior to requesting
any final planning or building inspection.
4. The applicant shall replace the three (3) existing street lights located
along the Frontage Road with Town of Vail street lights per Public
Work's specification. The location of the streetlights is depicted in the
Streetlight Exhibit, included as Attachment C to the May 6, 2014
PEC130046 Town Council Memo. The number of new fixtures shall be
determined by the Director of Public Works and will not exceed three.
The new street lights shall be installed prior to requesting any final
planning or building inspection.
Section 6. Applicability
The changes contained in this ordinance shall only apply to the approved development
plan for Phase III 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, PEC16-0014. 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 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
Ordinance No. 11, Series of 2016 5
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.
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 7t" day of June, 2016 and a
public hearing for second reading of this Ordinance set for the 21 st day of June, 2016,
at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
/_�111111111ams
Patty McKenny, Town Clerk
Ordinance No. 11, Series of 2016 6
READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in
full this 21St day of June, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 11, Series of 2016 7
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 12 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of
June, 2016.
Witness my hand and seal this 22nd day of June, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 12
SERIES OF 2016
AN ORDINANCE AMENDING ORDINANCE NO. 14, SERIES OF 2015, ADOPTING
BY REFERENCE THE 2015 EDITION OF THE INTERNATIONAL PLUMBING CODE
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the 2015 Edition of the International Plumbing Code as adopted by
the State of Colorado and more commonly referred to as the "Colorado Plumbing Code"
has been published; and
WHEREAS, the Vail Town Council finds that the adoption of the Colorado
Plumbing Code in this ordinance will promote the health, safety, and general welfare of
the Town and promote the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 1 of Title 10 of the Vail Town Code is hereby amended to
read as follows:
10-1-1: CODES ADOPTED BY REFERENCE:
E. Plumbing Code: The International Plumbing Code, 2015 Edition,
published by the International Code Council, 4051 West Flossmoor Road,
Country Club Hills, 11 60478-5795.
10-1-6: INTERNATIONAL PLUMBING CODE:
The Town hereby adopts by reference the International Plumbing Code,
2015 Edition, adopted by the State of Colorado and referred to as the
"Colorado Plumbing Code."
Section 2. The Code adopted by this Ordinance shall be effective for all
Building Permit Applications received by the Town's Community Development
Department, Building Safety and Inspection Services on or after July 6, 2016.
1
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 21s' day of June, 2016 and a
public hearing and second reading of this Ordinance set for the 5t" day of July, 2016, at
6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 5th day of July, 2016.
Patty McKenny, Town Clerk
6
Dave Chapin, 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 2016, on the Town of Vail's web site, www.vailgov.com, on the 6th day of July,
2016.
Witness my hand and seal this 6th day of July, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 12
SERIES OF 2016
AN ORDINANCE AMENDING ORDINANCE NO. 14, SERIES OF 2015, ADOPTING
BY REFERENCE THE 2015 EDITION OF THE INTERNATIONAL PLUMBING CODE
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the 2015 Edition of the International Plumbing Code as adopted by
the State of Colorado and more commonly referred to as the "Colorado Plumbing Code"
has been published; and
WHEREAS, the Vail Town Council finds that the adoption of the Colorado
Plumbing Code in this ordinance will promote the health, safety, and general welfare of
the Town and promote the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 1 of Title 10 of the Vail Town Code is hereby amended to
read as follows:
10-1-1: CODES ADOPTED BY REFERENCE:
E. Plumbing Code: The International Plumbing Code, 2015 Edition,
published by the International Code Council, 4051 West Flossmoor Road,
Country Club Hills, 11 60478-5795.
10-1-6: INTERNATIONAL PLUMBING CODE:
The Town hereby adopts by reference the International Plumbing Code,
2015 Edition, adopted by the State of Colorado and referred to as the
"Colorado Plumbing Code."
Section 2. The Code adopted by this Ordinance shall be effective for all
Building Permit Applications received by the Town's Community Development
Department, Building Safety and Inspection Services on or after July 6, 2016.
1
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 21s' day of June, 2016 and a
public hearing and second reading of this Ordinance set for the 5t" day of July, 2016, at
6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 5th day of July, 2016.
Patty McKenny, Town Clerk
6
Dave Chapin, 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. 13 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 8th day of
June, 2016.
Witness my hand and seal this 8t" day of June, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 13
SERIES 2016
AN EMERGENCY ORDINANCE ADOPTING A TEMPORARY
MORATORIUM ON ACCEPTING FEE -IN -LIEU PAYMENTS IN
EXCHANGE FOR RELEASE OF A DEED RESTRICTION FROM AN
EXISTING EMPLOYEE HOUSING UNIT OR TO SATISFY EMPLOYEE
HOUSING MITIGATION REQUIREMENTS
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 density of population, and the
location and use of buildings within its jurisdiction;
WHEREAS, the Town's employee housing unit exchange program, Section 12-
13-5(D) of the Vail Town Code (the "Code"), allows for the release of a deed restriction
from an existing employee housing unit in exchange for the conveyance of a free-
market dwelling unit to the Town to be deed restricted or payment of a fee -in -lieu;
WHEREAS, the Town has recently received a large number of requests
proposing a fee -in -lieu payment to satisfy on-site employee housing mitigation
requirements for new commercial and residential development and redevelopment
projects pursuant to Code Sections 12-23 and 12-24;
WHEREAS, it is the desire of the Town Council that Town Staff study the effects
of accepting fees -in -lieu payments on the availability and affordability of quality housing
opportunities for the community's work force, considering the Town's existing master
plan and the specific purposes of the employee housing regulations of Chapters 13, 23
and 24 of the Code;
WHEREAS, Town Staff needs sufficient time to gather information and study the
impacts of accepting fees in lieu of payments, and thereafter provide information to the
Town Council as to whether such payments should continue to be accepted;
WHEREAS, it is the intent of the Town Council in enacting this moratorium to
allow sufficient time to conduct a public hearing(s) to listen to and consider the concerns
of its residents regarding possible Code amendments; and
WHEREAS, the imposition of a moratorium on accepting fees -in -lieu payments
will allow the Town to assess whether accepting such payments are in the best interest
of the public health, safety and welfare.
1
6/7/2016
S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI1610RDINANCE NO. 13, SERIES OF 2016 FEES
IN -LIEU TEMPORARY MORATORIUM-0060116.DOCX
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Temporary Moratorium. Upon the adoption of this ordinance, a
moratorium is imposed on the processing and approval of the following:
A. Deed Exchange Program: All applications proposing to release a deed
restriction from an existing employee housing unit in exchange for a fee -in -lieu
payment pursuant to Section 12-13-5(D), unless the applicant is proposing a fee -
in -lieu payment only for a gross residential floor area of 438 square feet or less in
excess of the square footage of the existing employee housing unit that is being
proposed to have the deed restriction released.
B. Commercial Linkage and Residential Redevelopment Mitigation: All
applications proposing a fee -in -lieu payment as a method of employee housing
mitigation, unless the applicant is only required to provide mitigation for one
employee or less or 438 square feet or less.
Section 2. Investigation and Evaluation. During the term of this moratorium,
Town Staff shall investigate, evaluate and update the options for amending the Vail
Town Code to regulate or prohibit fees -in -lieu of payments authorized under Code
Sections 12-13-5(D), 12-23 and 12-24.
Section 3. Authority. The Town Council of the Town of Vail hereby makes the
following findings to support the adoption of a temporary moratorium within the Town:
A. The Town is a legally created, established, organized and existing
Colorado municipal corporation under the provisions of Article XX of the
Constitution of the State of Colorado and the Vail Town Charter.
B. In addition to the authority granted by the Vail Town Charter, the
Town has the authority to regulate the use and development of land pursuant to
the following Colorado Revised Statutes -
1 .
tatutes:
1. Article 20 of Title 29 (The Local Government Land Use Control
Enabling Act);
2. Part 3 of Article 23 of Title 31 (Municipal Zoning Powers);
3. Part 1 of Article 15 of Title 31 (Municipal Ordinance Powers); and
4. Part 4 of Article 15 of Title 31 (Municipal Police Powers).
C. The Town is authorized to enact a moratorium as part of its broad
police and planning powers to advance the interests of the public health, safety
and welfare. Droste v. Board of County Commissioners, 159 P.3d 601 (Colo.
2007); Hermanson v. County of Fremont, 595 P.2d 694 (Colo. App. 1979); Dill v.
Lincoln County, 928 P.2d 809 (Colo. App. 1996); Dolloghan v. County of Boulder,
2
6/7/2016
S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI1610RDINANCE NO. 13, SERIES OF 2016 FEES
IN -LIEU TEMPORARY MORATORIUM-0060116.DOCX
749 P.2d 444 (Colo. App. 1987); Deighton v. City Council of Colorado Springs,
902 P.2d 426 (Colo. App. 1994); Williams v. City of Central, 907 P.2d 701 (Colo.
App. 1995).
Section 4. Expiration. The moratorium imposed by this ordinance shall expire
on December 6, 2016, unless earlier repealed or extended.
Section 5. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 6. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
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.
Section 8. Emergency Clause. Pursuant to Section 4.11 of the Charter, this
ordinance is deemed necessary for the protection of the public health, welfare and
safety, because the continued acceptance of fees -in -lieu of providing livable, affordable
employee housing could cause irreparable harm to the Town and its residents and
visitors.
Section 9. Effective Date. This ordinance shall take effect immediately
passage.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED on this 7t"
day of June, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
3
6/7/2016
S:ICOMMUNITY DEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI1610RDINANCE NO. 13, SERIES OF 2016 FEES
IN -LIEU TEMPORARY MORATORIUM-0060116.DOCX
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 2016, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of
June, 2016.
Witness my hand and seal this 22nd day of June, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 14
SERIES 2016
AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY
ALONG SNOWBERRY DRIVE, IN EXCHANGE FOR THE PURCHASE
OF REAL PROPERTY ALONG SNOWBERRY DRIVE
WHEREAS, the Town has discovered that a portion of Snowberry Drive
encroaches onto private property;
WHEREAS, to correct this issue, the Town and Gary P. and Jeane M.
Manchester, the owners of Lot 16, Block 9, Vail Intermountain Subdivision, have agreed
to a land exchange, subject to approval of the Town Council;
WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council
authorize the sale of real property by ordinance;
WHEREAS, the Town Council finds and determines that the sale of a portion of
the real property shown as Tract C on Exhibit A, attached hereto and incorporated
herein by this reference to Gary P. and Jeane M. Manchester, in exchange for the
purchase of the real property shown as Tracts A and B in Exhibit A, attached hereto
and incorporated herein by this reference, is in the best interest of the public health,
safety and welfare; and
WHEREAS, based on information received from Town staff, the Town Council
finds and determines that the fair market value of Tract C is roughly equivalent to the
fair market value of Tracts A and B, and therefore, an even exchange is appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council
hereby authorizes the sale of Tract C to Gary P. and Jeane M. Manchester, in exchange
for the purchase by the Town of Tracts A and B, pursuant to the terms of a purchase
and sale agreement between the parties in a form approved by the Town Attorney. No
consideration other than the exchange of the two parcels of real property shall be
necessary.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Ordinance No. 14. Series of 2016
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 21St day of June, 2016 and a
public hearing for second reading of this Ordinance set for the 5t" day of July, 2016, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
David Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 5t" day of July, 2016.
David Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 14. Series of 2016
EDGE OF R.O.W.
O
�o
L
I
EXISTING EDGE
OF ASPHALT
0
TRACT B
LOT 16
NO2°23'05"W
15.00'
ull
cp
RW
0A
.t�
EDGE OF R.O.W.
\XISTING EDGE
OF ASPHALT
- G
(50' RIGHT—OF—WAY)
N 87°37' 10"E 124.00'
N87°36'55"E
INDICATES HIGH DEBRIS FLOW
OFFICIAL DEBRIS FLOW HAZARD MAP
TOWN OF VAIL, ADOPTED OCTOBER 17, 2000
;pO
O-
O
EXISTING EDGE OF
ASPHALT OVERLAP
INTO TRACT A
FOUND No. 5 REBAR
WITH RED PLASTIC CAP
L.S. No. 26626
\TRACT A
LOT 16
588.884
sq.ft.
TRACT C
TOWN OF VAIL
BUILDING
SETBACK
N 87°36' 55"E — 382.00
S07°12'29"E
20.40'
EXISTING EDGE
OF ASPHALT
LOT '
1.1454 ACRES
ADDRESS: 2734 SNOWBERRY DRIVE
LO T 16
0.712 ACRES
ADDRESS: 2794 SNOWBERRY
DRIVE
EXHIBIT DESCRIPTION
LOT 16, BLOCK 9. VAIL INTERMOUNTAIN SUBDIVISION
002794 SNOWBERRY DRIVE, VAIL, CO, 81657
DATE: 05/30/16 I PLC JOB#: 1602.1 1 SHEET 1 of 1
FOUND No. 4 REBAR
+WITH ALUMINUM CAP
L.S. No. 5933
i'
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 14 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 6t" day of July,
2016.
Witness my hand and seal this 6t" day of July, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 14
SERIES 2016
AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY
ALONG SNOWBERRY DRIVE, IN EXCHANGE FOR THE PURCHASE
OF REAL PROPERTY ALONG SNOWBERRY DRIVE
WHEREAS, the Town has discovered that a portion of Snowberry Drive
encroaches onto private property;
WHEREAS, to correct this issue, the Town and Gary P. and Jeane M.
Manchester, the owners of Lot 16, Block 9, Vail Intermountain Subdivision, have agreed
to a land exchange, subject to approval of the Town Council;
WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council
authorize the sale of real property by ordinance;
WHEREAS, the Town Council finds and determines that the sale of a portion of
the real property shown as Tract C on Exhibit A, attached hereto and incorporated
herein by this reference to Gary P. and Jeane M. Manchester, in exchange for the
purchase of the real property shown as Tracts A and B in Exhibit A, attached hereto
and incorporated herein by this reference, is in the best interest of the public health,
safety and welfare; and
WHEREAS, based on information received from Town staff, the Town Council
finds and determines that the fair market value of Tract C is roughly equivalent to the
fair market value of Tracts A and B, and therefore, an even exchange is appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council
hereby authorizes the sale of Tract C to Gary P. and Jeane M. Manchester, in exchange
for the purchase by the Town of Tracts A and B, pursuant to the terms of a purchase
and sale agreement between the parties in a form approved by the Town Attorney. No
consideration other than the exchange of the two parcels of real property shall be
necessary.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Ordinance No. 14. Series of 2016
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 21St day of June, 2016 and a
public hearing for second reading of this Ordinance set for the 5t" day of July, 2016, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
David Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 5t" day of July, 2016.
David Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 14. Series of 2016
EDGE OF R.O.W.
O
�o
L
I
EXISTING EDGE
OF ASPHALT
0
TRACT B
LOT 16
NO2°23'05"W
15.00'
ull
cp
RW
0A
.t�
EDGE OF R.O.W.
\XISTING EDGE
OF ASPHALT
- G
(50' RIGHT—OF—WAY)
N 87°37' 10"E 124.00'
N87°36'55"E
INDICATES HIGH DEBRIS FLOW
OFFICIAL DEBRIS FLOW HAZARD MAP
TOWN OF VAIL, ADOPTED OCTOBER 17, 2000
;pO
O-
O
EXISTING EDGE OF
ASPHALT OVERLAP
INTO TRACT A
FOUND No. 5 REBAR
WITH RED PLASTIC CAP
L.S. No. 26626
\TRACT A
LOT 16
588.884
sq.ft.
TRACT C
TOWN OF VAIL
BUILDING
SETBACK
N 87°36' 55"E — 382.00
S07°12'29"E
20.40'
EXISTING EDGE
OF ASPHALT
LOT '
1.1454 ACRES
ADDRESS: 2734 SNOWBERRY DRIVE
LO T 16
0.712 ACRES
ADDRESS: 2794 SNOWBERRY
DRIVE
EXHIBIT DESCRIPTION
LOT 16, BLOCK 9. VAIL INTERMOUNTAIN SUBDIVISION
002794 SNOWBERRY DRIVE, VAIL, CO, 81657
DATE: 05/30/16 I PLC JOB#: 1602.1 1 SHEET 1 of 1
FOUND No. 4 REBAR
+WITH ALUMINUM CAP
L.S. No. 5933
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 2016, on the Town of Vail's web site, www.vailgov.com, on the 6th day of July,
2016.
Witness my hand and seal this 6th day of July, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 15
SERIES OF 2016
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH
SERVICES FUND, VAIL MARKETING FUND, AND TIMBER RIDGE ENTERPRISE FUND OF
THE 2016 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 2016 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
15, Series of 2015, adopting the 2016 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 2016 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 59,277
Capital Projects Fund 2,305,447
Real Estate Transfer Tax Fund
Dispatch Services Fund
Vail Marketing Fund
Timber Ridge Enterprise Fund
Total
6,000
9,085
2,300
49,000
$ 2,431,109
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. 15, Series of 2016
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 5th day of July, 2016, and a public hearing shall be held on this Ordinance on
the 19th day of July, 2016, at the regular meeting of the Town Council of the Town of Vail, Colorado,
in the Municipal Building of the town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 15, Series of 2016
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 2016, on the Town of Vail's web site, www.vailgov.com, on the 20th day of
July, 2016.
Witness my hand and seal this 20th day of July, 2016.
CLO�,�f \�
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 15
SERIES OF 2016
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH
SERVICES FUND, VAIL MARKETING FUND, AND TIMBER RIDGE ENTERPRISE FUND OF
THE 2016 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 2016 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
15, Series of 2015, adopting the 2016 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 2016 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund
$ 109,277
Capital Projects Fund
2,772,225
Real Estate Transfer Tax Fund
156,000
Dispatch Services Fund
9,085
Vail Marketing Fund
2,300
Timber Ridge Enterprise Fund
49,000
Total
$ 3,097,887
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. 15, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 16 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 5t" day of
October, 2016.
Witness my hand and seal this 5t" day of October, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 16
SERIES 2016
AN ORDINANCE AMENDING SECTION 12-15-3, DEFINITION, CALCULATION
AND EXCLUSIONS OF THE VAIL TOWN CODE, REGARDING THE METHOD
FOR MEASURING GROSS RESIDENTIAL FLOOR AREA (GRFA) IN THE
HILLSIDE RESIDENTIAL (HR), SINGLE-FAMILY RESIDENTIAL (SFR), TWO-
FAMILY RESIDENTIAL (R), TWO-FAMILY PRIMARY/SECONDARY (PS), LOW
DENSITY MULTIPLE -FAMILY (LDMF), MEDIUM DENSITY MULTIPLE -FAMILY
(MDMF), HIGH DENSITY MULTIPLE FAMILY (HDMF), HOUSING (H), AND
VAIL VILLAGE TOWNHOUSE (VVT) DISTRICTS.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"),
is a home rule municipal corporation duly organized and existing under laws of the State of
Colorado and the Vail Town Charter;
WHEREAS, Section 12-15-3 Definition, Calculation and Exclusions, of the Vail Town
Code explains the methods used to determine how gross residential floor area is measured
within the hillside residential (HR), single-family residential (SFR), two-family residential (R),
two-family primary/secondary residential (PS), residential cluster (RC), low density multiple -
family (LDMF), medium density multiple -family (MDMF), high density multiple -family (HDMF),
housing (H) and Vail Village Townhouse (VVT) districts;
WHEREAS, the Town Council desires to amend Section 12-15-3 to clarify that for the
purposes of measuring gross residential floor area the lowest level shall be the finished floor
level with the lowest U.S.G.S. elevation, including all floor levels within six (6) vertical feet of the
lowest level;
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held
public hearings on the proposed prescribed regulations amendment and on August 22, 2016
submitted its recommendation to the Vail Town Council;
WHEREAS, the Vail Town Council finds that the proposed amendment is consistent with
the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town;
WHEREAS, the Vail Town Council finds that the amendment furthers the general and
specific purposes of the zoning regulations;
WHEREAS, the Vail Town Council finds that the amendment promotes the health,
safety, morals and general welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural environment and
its established character as a resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
(Note: Language proposed to be added is shown in bold; language proposed to be
removed is shown in oh4kefhro gh )
Ordinance No. 16, Series of 2016
Section 1. Section 12-15-3A of the Vail Town Code is hereby amended as follows:
1 a (6) Basements: On the lowest level of a structure, the total percentage of all exterior
wall surfaces of the structure as a whole (interior party walls are not considered exterior
walls for the purposes of this section) that are unexposed and below existing or finished
grade, whichever is more restrictive, shall be the percentage of the horizontal area of
the lowest level deducted from the GRFA calculations. The lowest level shall he the
finisher/ floor level with the lowest II C G C elevation including all floor levels
within si., (6)yerUGal feet of the lowest ►eve► A multi -unit building shall be
considered one structure. The percentage deduction calculations shall be rounded to
nearest whole percent. The lowest level exterior wall surface area shall be measured
from the finished floor elevation of that level to the underside of the structural floor
members of the floor/ceiling assembly above. For the purposes of these calculations,
retaining walls and site walls shall not be considered part of the lowest level exterior
walls. The deduction shall be applied to all horizontal areas on the lowest level of a
structure, including garages and employee housing units also deducted from the
calculation of GRFA elsewhere in this title; but the deduction does not apply to any
crawl space or attic.
Section 2. Section 12-15-31B of the Vail Town Code is hereby amended as follows:
1 a (7) Basements: On the lowest level of a structure, the total percentage of all exterior
wall surfaces of the structure as a whole (interior party walls are not considered exterior
walls for the purposes of this section) that are unexposed and below existing or finished
grade, whichever is more restrictive, shall be the percentage of the horizontal area of
the lowest level deducted from the GRFA calculations. The le,.,est level shall he the
finisher/ floor level with the lowest 1 / L' is t' elevatiens including all floor levels
within si., (6) ve WGal feet of the lowest leve►. A multi -unit building shall be
considered one structure. The percentage deduction calculations shall be rounded to
nearest whole percent. The lowest level exterior wall surface area shall be measured
from the finished floor elevation of that level to the underside of the structural floor
members of the floor/ceiling assembly above. For the purposes of these calculations,
retaining walls and site walls shall not be considered part of the lowest level exterior
walls. The deduction shall be applied to all horizontal areas on the lowest level of a
structure, including garages and employee housing units also deducted from the
calculation of GRFA elsewhere in this title; but the deduction does not apply to any
crawl space or attic.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Ordinance No. 16, Series of 2016
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4t" day of October, 2016,
and a public hearing and second reading of this Ordinance set for the 18th day of October 2016,
at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 16, Series of 2016
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 5th day of July, 2016, and a public hearing shall be held on this Ordinance on
the 19th day of July, 2016, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 19th
day of July 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 15, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 16 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 19th day of
October, 2016.
Witness my hand and seal this 19th day of October, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 16
SERIES 2016
AN ORDINANCE AMENDING SECTION 12-15-3, DEFINITION, CALCULATION
AND EXCLUSIONS OF THE VAIL TOWN CODE, REGARDING THE METHOD
FOR MEASURING GROSS RESIDENTIAL FLOOR AREA (GRFA) IN THE
HILLSIDE RESIDENTIAL (HR), SINGLE-FAMILY RESIDENTIAL (SFR), TWO-
FAMILY RESIDENTIAL (R), TWO-FAMILY PRIMARY/SECONDARY (PS), LOW
DENSITY MULTIPLE -FAMILY (LDMF), MEDIUM DENSITY MULTIPLE -FAMILY
(MDMF), HIGH DENSITY MULTIPLE FAMILY (HDMF), HOUSING (H), AND
VAIL VILLAGE TOWNHOUSE (VVT) DISTRICTS.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"),
is a home rule municipal corporation duly organized and existing under laws of the State of
Colorado and the Vail Town Charter;
WHEREAS, Section 12-15-3 Definition, Calculation and Exclusions, of the Vail Town
Code explains the methods used to determine how gross residential floor area is measured
within the hillside residential (HR), single-family residential (SFR), two-family residential (R),
two-family primary/secondary residential (PS), residential cluster (RC), low density multiple -
family (LDMF), medium density multiple -family (MDMF), high density multiple -family (HDMF),
housing (H) and Vail Village Townhouse (VVT) districts;
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held
public hearings on the proposed prescribed regulations amendment and on August 22, 2016
submitted its recommendation to the Vail Town Council;
WHEREAS, the Vail Town Council finds that the proposed amendment is consistent with
the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town;
WHEREAS, the Vail Town Council finds that the amendment furthers the general and
specific purposes of the zoning regulations;
WHEREAS, the Vail Town Council finds that the amendment promotes the health,
safety, morals and general welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural environment and
its established character as a resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
(Note: Language proposed to be added is shown in bold; language proposed to be
removed is shown in oh4kethro gh )
Section 1. Section 12-15-3A of the Vail Town Code is hereby amended as follows:
1 a (6) Basements. On the lowest level of a structure, the total percentage of all exterior
wall surfaces of the structure as a whole (interior party walls are not considered exterior
walls for the purposes of this section) that are unexposed and below existing or finished
Ordinance No. 16, Series of 2016
grade, whichever is more restrictive, shall be the percentage of the horizontal area of
the lowest level deducted from the GRFA calculations. The lowest level shall be the
finished floor level with the lowest U.S. G.S. elevation, including all floor levels
within six (6) vertical feet of the lowest level. A multi -unit building shall be
considered one structure. The percentage deduction calculations shall be rounded to
nearest whole percent. The lowest level exterior wall surface area shall be measured
from the finished floor elevation of that level to the underside of the structural floor
members of the floor/ceiling assembly above. For the purposes of these calculations,
retaining walls and site walls shall not be considered part of the lowest level exterior
walls. The deduction shall be applied to all horizontal areas on the lowest level of a
structure, including garages and employee housing units also deducted from the
calculation of GRFA elsewhere in this title; but the deduction does not apply to any
crawl space or attic.
Section 2. Section 12-15-3B of the Vail Town Code is hereby amended as follows:
1 a (7) Basements: On the lowest level of a structure, the total percentage of all exterior
wall surfaces of the structure as a whole (interior party walls are not considered exterior
walls for the purposes of this section) that are unexposed and below existing or finished
grade, whichever is more restrictive, shall be the percentage of the horizontal area of
the lowest level deducted from the GRFA calculations. The lowest level shall be the
finished floor level with the lowest U.S. G.S. elevation, including all floor levels
within six (6) vertical feet of the lowest level. A multi -unit building shall be
considered one structure. The percentage deduction calculations shall be rounded to
nearest whole percent. The lowest level exterior wall surface area shall be measured
from the finished floor elevation of that level to the underside of the structural floor
members of the floor/ceiling assembly above. For the purposes of these calculations,
retaining walls and site walls shall not be considered part of the lowest level exterior
walls. The deduction shall be applied to all horizontal areas on the lowest level of a
structure, including garages and employee housing units also deducted from the
calculation of GRFA elsewhere in this title; but the deduction does not apply to any
crawl space or attic.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
Ordinance No. 16, Series of 2016
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of October, 2016,
and a public hearing and second reading of this Ordinance set for the 18th day of October 2016,
at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND
READING, AND ORDERED PUBLISHED IN FULL this 18th day of October, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 16, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 17 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 20th day of
July, 2016.
Witness my hand and seal this 20th day of July, 2016.
CLO�,�f \�
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 17
SERIES 2016
AN ORDINANCE AMENDING TITLE 7, CHAPTER 3, ARTICLES C AND
D OF THE VAIL TOWN CODE TO INCREASE THE PENALTIES FOR
CERTAIN PARKING VIOLATIONS
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, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate
and restrict the stopping, standing, or parking of vehicles within its jurisdiction;
WHEREAS, pursuant to Article XX, § 6(h) of the Colorado Constitution, the Town
is empowered to collect, enforce, and impose fines and penalties for the violation of its
local laws; and
WHEREAS, the Town has limited parking resources and needs to discourage
behavior that emboldens others to park in violation of signage and Town policies.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 7, Chapter 3, Article C of the Vail Town Code hereby is
amended by the addition of a new Section 7-3C-2, to read as follows:
7-3C-2: MISUSE OF RESERVED PARKING:
Any person violating any of the provisions of Section 7-3C-1 of this Chapter shall
be fined or penalized according to the following schedule:
First offense:
$100.00
Second offense within six (6) months:
$150.00
Subsequent offenses within one year:
$200.00
Section 2. Section 7-3D-1 of the Vail Town Code hereby is amended to read
as follows:
7-313-1: PENALTIES:
Every person who is convicted of, who admits liability for, or against whom a
judgment is entered for a parking violation, other than unlawfully parking in a fire
lane or in a reserved handicapped or disability parking space, shall be fined or
Ordinance No. 17, Series of 2016
penalized
town of Vail mi ininipal Goy �r+ according to the following schedule:
First offense: $50.00
Second similar offense within six (6) months: $75.00
Subsequent similar offenses within one year: $150.00
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 5. The amendment of any provision of the Vail Town Code, as
provided in this ordinance, shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of July, 2016 and a
public hearing for second reading of this Ordinance is set for the 2nd day of August,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 17, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 17 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of
August, 2016.
Witness my hand and seal this 3rd day of August, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 17
SERIES 2016
AN ORDINANCE AMENDING TITLE 7, CHAPTER 3, ARTICLES C AND
D OF THE VAIL TOWN CODE TO INCREASE THE PENALTIES FOR
CERTAIN PARKING VIOLATIONS
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, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate
and restrict the stopping, standing, or parking of vehicles within its jurisdiction;
WHEREAS, pursuant to Article XX, § 6(h) of the Colorado Constitution, the Town
is empowered to collect, enforce, and impose fines and penalties for the violation of its
local laws; and
WHEREAS, the Town has limited parking resources and needs to discourage
behavior that emboldens others to park in violation of signage and Town policies.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 7, Chapter 3, Article C of the Vail Town Code hereby is
amended by the addition of a new Section 7-3C-2, to read as follows:
7-3C-2: MISUSE OF RESERVED PARKING:
Any person violating any of the provisions of Section 7-3C-1 of this Chapter shall
be fined or penalized according to the following schedule:
First offense:
$100.00
Second offense within six (6) months:
$150.00
Subsequent offenses within one year:
$200.00
Section 2. Section 7-3D-1 of the Vail Town Code hereby is amended to read
as follows:
7-313-1: PENALTIES:
Every person who is convicted of, who admits liability for, or against whom a
judgment is entered for a parking violation, other than unlawfully parking in a fire
lane or in a reserved handicapped or disability parking space, shall be fined or
Ordinance No. 17, Series of 2016
penalized
town of Vail mi ininipal Goy �r+ according to the following schedule:
First offense: $50.00
Second similar offense within six (6) months: $75.00
Subsequent similar offenses within one year: $150.00
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 5. The amendment of any provision of the Vail Town Code, as
provided in this ordinance, shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of July, 2016 and a
public hearing for second reading of this Ordinance is set for the 2nd day of August,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 17, Series of 2016
Read and approved on second reading and ordered published this 2nd day of August,
2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 17, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 18 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of
August, 2016.
Witness my hand and seal this 3rd day of August, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 18
SERIES 2016
AN ORDINANCE REPEALING AND REENACTING CHAPTER 11 OF
TITLE 5 OF THE VAIL TOWN CODE, CONCERNING ABATEMENT OF
DISEASED TREES AND WILDFIRE FUELS
WHEREAS, in 2007, the Town adopted a new Chapter 11 of Title 5 of the Vail
Town Code to address wildfire danger caused by the mountain pine beetle;
WHEREAS, since that time, the mountain pine beetle has been replaced with
other pests causing similar tree damage and wildfire danger; and
WHEREAS, the Town wishes to repeal and reenact Chapter 11 of Title 5 of the
Vail Town Code to address all diseased trees and their associated wildfire danger,
regardless of the cause.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 11 of Title 5 of the Vail Town Code is hereby repealed in
its entirety and reenacted to read as follows:
CHAPTER 11
ABATEMENT OF DISEASED TREES AND WILDFIRE FUELS
5-11-1: DEFINITIONS:
For purpose of this Chapter, the following terms shall have the
following meanings:
DISEASED TREE: A tree, alive or dead, which is or has been
infested/infected with any insect or disease identified in the most recent
version of the "Field Guide to Diseases and insects of the Rocky Mountain
Region".
DIRECTOR: The Town of Vail Fire Chief or designee.
OWNER: A person who owns any lot, tract or parcel of real
property located within the corporate limits of the Town.
PROPERTY: A lot, tract or parcel of real property located within
the corporate limits of the Town.
WILDFIRE FUELS: Vegetation such as trees, shrubs, forbs or
grasses and other materials such as firewood, construction material or
Ordinance No. 18, Series of 2016
debris surrounding a structure, which represent an imminent threat to life
or property during a fire as determined by the Director.
5-11-2: INSPECTION:
A. An owner whose property contains diseased trees or any
wildfire fuels shall allow the Director to enter such property for the purpose
of immediate inspection when at least one of the following events has
occurred:
1. The owner has requested the inspection;
2. A neighboring landowner has reported a diseased tree or
wildfire fuels and requested an inspection; or
3. The Director has made a visual observation from a public
right-of-way or adjacent property and has reason to believe that diseased
trees or wildfire fuels exist on the property.
B. The Director shall have the right to enter upon any property,
whether public or private, during reasonable hours for the purpose of
inspecting for the existence of a diseased tree or any other wildfire fuels.
However, no agent or employee of the Town shall enter upon any property
to inspect for a diseased tree or other wildfire fuels without the permission
of the owner or a warrant.
C. If permission to inspect the property is not obtained, the
Town shall send written notice to the owner advising that the Director
desires to inspect the property. The notice shall be delivered by certified
mail or personal service. The notice may be mailed to the owner at the
last address on file with the Eagle County Treasurer. Where possible,
inspections shall be scheduled and conducted with the concurrence of the
owner.
D. If permission to inspect is not obtained within ten (10) days
after the date of the notice described in Subsection C, the Director may
request an inspection from the Municipal Court. The Municipal Judge
shall issue an inspection warrant upon presentation by the Director of an
affidavit satisfying the applicable legal requirements for such a warrant.
5-11-3: EMERGENCIES
In the case of an emergency involving imminent danger to the
public health, safety or welfare, the Director may enter upon any property
to conduct an emergency inspection without a warrant and without
complying with this Chapter.
Ordinance No. 18, Series of 2016
5-11-4: NOTICE OF VIOLATION:
A. If the Director determines that a property contains diseased
trees or wildfire fuels, the Director shall provide written notice of such
findings to the owner either by certified mail or personal service.
B. The notice shall:
1. Advise the owner that the property contains diseased trees
or wildfire fuels;
2. Describe approved methods for the removal of diseased
trees or wildfire fuels; and
3. Require that all diseased trees and wildfire fuels be removed
within thirty (30) days of the date of the notice, or that an acceptable plan
and schedule for removal of the diseased trees and wildfire fuels be
submitted to the Director within such time.
C. If the owner disputes that the property contains diseased
trees or wildfire fuels, the owner shall notify the Director of such dispute
within thirty (30) days of the date of the notice. If a timely notice of dispute
is given, the Director shall meet with the owner in an effort to resolve the
dispute. If the Director meets with the owner and is unable to resolve the
dispute, the Town may file an application for an abatement order pursuant
to Section 5-11-5.
5-11.5: ABATEMENT ORDER:
A. If an owner fails to comply with a notice provided pursuant to
Section 5-11-4, the Town may obtain an abatement order.
B. An application for an abatement order shall be accompanied
by an affidavit affirming that:
1. The Director has determined that the property contains
diseased trees or wildfire fuels;
2. The Director has complied with the notice requirements of
Section 5-11-4; and
3. Within the required time, the owner has failed to remove the
diseased trees or wildfire fuels, or has failed to submit an acceptable plan
and schedule for such removal.
Ordinance No. 18, Series of 2016
D. The Town shall provide notice to the owner of its application
for an abatement order either by certified mail or by personal service. The
notice shall include a copy of the Town's application and affidavit, as well
as the date, time, and place at which the Town will appear before the
Municipal Court to request entry of the abatement order.
E. At the stated time, date and place, the Municipal Judge shall
review the Town's application for an abatement order, the affidavit, any
statement of the Town offered in support thereof, as well as any statement
and evidence presented by the owner, if present.
F. The Municipal Judge is authorized to enter an order
permitting the Town to enter upon the property, remove the diseased trees
and wildfire fuels, and recover its costs, if the Municipal Judge finds that:
1. The property has diseased trees or wildfire fuels;
2. The Director has complied with the notice requirements of
Section 5-11-4; and
3. The owner has failed to either remove the diseased trees or
wildfire fuels, or has failed to submit an acceptable plan and schedule
such removal.
M`91. 51190W."t&15
A. The owner shall be assessed twice the total cost of any
removal of diseased trees and wildfire fuels performed by the Town,
including administrative fees.
B. The Town shall provide written notice to the owner the costs
to be assessed either by certified mail or by personal service.
C. If all costs incurred by the Town are not paid within thirty (30)
days from the date of the written notice advising the owner of such costs,
the unpaid costs shall be certified to the Eagle County Treasurer for
collection in the same manner as real property taxes.
5-11-7: PERMIT FOR REMOVAL:
An owner desiring to remove diseased trees shall file an application
for a permit with the Community Development Department. There shall be
no application fee for the permit. The application shall contain a written
narrative describing the type, size, quantity and general location of the
diseased trees proposed to be removed. The Director may perform a site
visit prior to taking any action on the permit application.
Ordinance No. 18, Series of 2016
5-11-8: UNLAWFUL ACTS:
A. It is unlawful for an owner to fail or refuse to remove
diseased trees or wildfire fuels from the owner's property within the time
period provided for in a notice under Section 5-11-4.
B. It is unlawful for an owner to deny the Director access to the
owner's property if the Director presents an inspection warrant or
abatement order issued pursuant to this Chapter.
C. It is unlawful to sell, expose for sale, offer for sale, transfer,
give away or offer to give away any tree or part of a tree which is, at the
time of the transfer, infested/ infected with an insect or disease restricted
by local, state or federal regulations.
5-11-9: PENALTY:
A person convicted of violating any provision of this Chapter shall
be punished as provided in Section 1-4-1 of this Code; provided, that each
separate act in violation of this Chapter, and each and every day or
portion thereof during which any act in violation of this Chapter is
committed, continued, or permitted, shall be deemed a separate offense.
Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect 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. Retroactivity. The amendment of any provision of the Vail Town
Code as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as commenced under or
by virtue of the provision amended. The amendment of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
Section 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of August, 2016 and a
public hearing for second reading of this Ordinance is set for the 16th day of August,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ordinance No. 18, Series of 2016
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 16th day of August, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 18, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 18 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 17th day of
August, 2016.
Witness my hand and seal this 17th day of August, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 18
SERIES 2016
AN ORDINANCE REPEALING AND REENACTING CHAPTER 11 OF
TITLE 5 OF THE VAIL TOWN CODE, CONCERNING ABATEMENT OF
DISEASED TREES AND WILDFIRE FUELS
WHEREAS, in 2007, the Town adopted a new Chapter 11 of Title 5 of the Vail
Town Code to address wildfire danger caused by the mountain pine beetle;
WHEREAS, since that time, the mountain pine beetle has been replaced with
other pests causing similar tree damage and wildfire danger; and
WHEREAS, the Town wishes to repeal and reenact Chapter 11 of Title 5 of the
Vail Town Code to address all diseased trees and their associated wildfire danger,
regardless of the cause.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 11 of Title 5 of the Vail Town Code is hereby repealed in
its entirety and reenacted to read as follows:
CHAPTER 11
ABATEMENT OF DISEASED TREES AND WILDFIRE FUELS
5-11-1: DEFINITIONS:
For purpose of this Chapter, the following terms shall have the
following meanings:
DISEASED TREE: A tree, alive or dead, which is or has been
infested/infected with any insect or disease identified in the most recent
version of the "Field Guide to Diseases and insects of the Rocky Mountain
Region".
DIRECTOR: The Town of Vail Fire Chief or designee.
OWNER: A person who owns any lot, tract or parcel of real
property located within the corporate limits of the Town.
PROPERTY: A lot, tract or parcel of real property located within
the corporate limits of the Town.
WILDFIRE FUELS: Vegetation such as trees, shrubs, forbs or
grasses and other materials such as firewood, construction material or
Ordinance No. 18, Series of 2016
debris surrounding a structure, which represent an imminent threat to life
or property during a fire as determined by the Director.
5-11-2: INSPECTION:
A. An owner whose property contains diseased trees or any
wildfire fuels shall allow the Director to enter such property for the purpose
of immediate inspection when at least one of the following events has
occurred:
1. The owner has requested the inspection;
2. A neighboring landowner has reported a diseased tree or
wildfire fuels and requested an inspection; or
3. The Director has made a visual observation from a public
right-of-way or adjacent property and has reason to believe that diseased
trees or wildfire fuels exist on the property.
B. The Director shall have the right to enter upon any property,
whether public or private, during reasonable hours for the purpose of
inspecting for the existence of a diseased tree or any other wildfire fuels.
However, no agent or employee of the Town shall enter upon any property
to inspect for a diseased tree or other wildfire fuels without the permission
of the owner or a warrant.
C. If permission to inspect the property is not obtained, the
Town shall send written notice to the owner advising that the Director
desires to inspect the property. The notice shall be delivered by certified
mail or personal service. The notice may be mailed to the owner at the
last address on file with the Eagle County Treasurer. Where possible,
inspections shall be scheduled and conducted with the concurrence of the
owner.
D. If permission to inspect is not obtained within ten (10) days
after the date of the notice described in Subsection C, the Director may
request an inspection from the Municipal Court. The Municipal Judge
shall issue an inspection warrant upon presentation by the Director of an
affidavit satisfying the applicable legal requirements for such a warrant.
5-11-3: EMERGENCIES
In the case of an emergency involving imminent danger to the
public health, safety or welfare, the Director may enter upon any property
to conduct an emergency inspection without a warrant and without
complying with this Chapter.
Ordinance No. 18, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 26 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 19th day of
October, 2016.
Witness my hand and seal this 19th day of October, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 26
SERIES 2016
AN ORDINANCE AMENDING SECTIONS 12-2: DEFINITIONS AND 14-10: DESIGN
REVIEW STANDARDS AND GUIDELINES RELATED TO THE REGULATION OF
GREENHOUSES AND HOOP HOUSES/COLD FRAMES.
WHEREAS, the Vail Town Council wishes to provide opportunities for residents
to participate in growing food or ornamental crops within a minimal regulatory
framework while reducing the potential impact on neighboring properties;
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has held public hearings on the proposed prescribed regulations amendment and on
September 12, 2016 submitted its recommendation to the Vail Town Council;
WHEREAS, the Vail Town Council finds that the proposed amendment is
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town;
WHEREAS, the Vail Town Council finds that the amendment furthers the general
and specific purposes of the zoning regulations;
WHEREAS, the Vail Town Council finds that the amendment promotes the
health, safety, morals and general welfare of the town and promotes the coordinated
and harmonious development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as
follows:
Sec. 12-2-2: Definitions of Words and Terms.
GREENHOUSE. An outdoor structure, heated or unheated, constructed primarily
of glass or other rigid translucent material, which is devoted to the protection or
cultivation of food or ornamental crops.
HOOP HOUSE/COLD FRAME. An unheated outdoor enclosure used for the
purpose of growing crops and/or for protecting seedlings and plants from cold
weather but not containing any mechanical or electrical systems or storage of
any items.
1
Section 2. Section 14-10-5 of the Vail Town Code is hereby amended as
follows:
Sec. 14-10-5: Building Materials and Design.
B. The same or similar building materials and colors shall be used on main
structures and any accessory structures upon the site. Translucent components
of greenhouses shall be exempt from this requirement.
Section 3. Section 14-10-10 of the Vail Town Code is hereby amended as
follows:
Sec. 14-10-10: Accessory Structures; Utilities; Service Area.
G. Greenhouses, when permitted, shall be subiect to the following standards:
1. All wall and roofina materials shall be constructed of riaid material and
shall not include polyethylene or other similar flexible films.
2. All non -translucent elements including framinq and doors shall be
painted to be compatible with the site and surrounding buildings.
3. No internal lighting shall be permitted between the hours of 9:00 P.M.
and 6:00 A.M. Exterior lighting shall comply with Section 7 of this
Chapter.
4. All _greenhouses shall be subject to the development standards for the
zone district for which they are located.
5. Greenhouses shall not be used for storage of household items,
vehicles, watercraft or other items not associated with the cultivation of
food or ornamental crops.
H. Hoop House/Cold Frame. when aermitted. shall be subiect to the followina
standards:
1. Hoop house%old frame shall be four (4) feet in height or less and be
120 square feet or less in floor area.
2. Hoop houses/cold frames shall meet the Deck (Not Ground Level)
setback requirements as defined in Section 1 of Chapter 2 of this title
and summarized in Section 1 of Chapter 8 of this title.
3. One hoop house%old frame shall be permitted per dwelling unit.
4. Hoop houses/cold frames shall be exempt from design review.
5. Hoop houses/cold frames shall not be used for storage of any kind.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
2
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 and
the inhabitants thereof.
Section 6. The amendment of any provision of the Vail Town Code 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 ordinance
previously repealed or superseded unless expressly stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of October, 2016 and a
public hearing for second reading of this Ordinance is set for the 18th day of October,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 18th day of October, 2016.
ATTEST:
Patty McKenny, Town Clerk
3
Dave Chapin, Mayor
5-11-4: NOTICE OF VIOLATION:
A. If the Director determines that a property contains diseased
trees or wildfire fuels, the Director shall provide written notice of such
findings to the owner either by certified mail or personal service.
B. The notice shall:
1. Advise the owner that the property contains diseased trees
or wildfire fuels;
2. Describe approved methods for the removal of diseased
trees or wildfire fuels; and
3. Require that all diseased trees and wildfire fuels be removed
within thirty (30) days of the date of the notice, or that an acceptable plan
and schedule for removal of the diseased trees and wildfire fuels be
submitted to the Director within such time.
C. If the owner disputes that the property contains diseased
trees or wildfire fuels, the owner shall notify the Director of such dispute
within thirty (30) days of the date of the notice. If a timely notice of dispute
is given, the Director shall meet with the owner in an effort to resolve the
dispute. If the Director meets with the owner and is unable to resolve the
dispute, the Town may file an application for an abatement order pursuant
to Section 5-11-5.
5-11.5: ABATEMENT ORDER:
A. If an owner fails to comply with a notice provided pursuant to
Section 5-11-4, the Town may obtain an abatement order.
B. An application for an abatement order shall be accompanied
by an affidavit affirming that:
1. The Director has determined that the property contains
diseased trees or wildfire fuels;
2. The Director has complied with the notice requirements of
Section 5-11-4; and
3. Within the required time, the owner has failed to remove the
diseased trees or wildfire fuels, or has failed to submit an acceptable plan
and schedule for such removal.
Ordinance No. 18, Series of 2016
D. The Town shall provide notice to the owner of its application
for an abatement order either by certified mail or by personal service. The
notice shall include a copy of the Town's application and affidavit, as well
as the date, time, and place at which the Town will appear before the
Municipal Court to request entry of the abatement order.
E. At the stated time, date and place, the Municipal Judge shall
review the Town's application for an abatement order, the affidavit, any
statement of the Town offered in support thereof, as well as any statement
and evidence presented by the owner, if present.
F. The Municipal Judge is authorized to enter an order
permitting the Town to enter upon the property, remove the diseased trees
and wildfire fuels, and recover its costs, if the Municipal Judge finds that:
1. The property has diseased trees or wildfire fuels;
2. The Director has complied with the notice requirements of
Section 5-11-4; and
3. The owner has failed to either remove the diseased trees or
wildfire fuels, or has failed to submit an acceptable plan and schedule
such removal.
5-11-6: COSTS:
A. The owner shall be assessed twice the total cost of any
removal of diseased trees and wildfire fuels performed by the Town,
including administrative fees.
B. The Town shall provide written notice to the owner the costs
to be assessed either by certified mail or by personal service.
C. If all costs incurred by the Town are not paid within thirty (30)
days from the date of the written notice advising the owner of such costs,
the unpaid costs shall be certified to the Eagle County Treasurer for
collection in the same manner as real property taxes.
5-11-7: PERMIT FOR REMOVAL:
An owner desiring to remove diseased trees shall file an application
for a permit with the Community Development Department. There shall be
no application fee for the permit. The application shall contain a written
narrative describing the type, size, quantity and general location of the
diseased trees proposed to be removed. The Director may perform a site
visit prior to taking any action on the permit application.
Ordinance No. 18, Series of 2016
5-11-8: UNLAWFUL ACTS:
A. It is unlawful for an owner to fail or refuse to remove
diseased trees or wildfire fuels from the owner's property within the time
period provided for in a notice under Section 5-11-4.
B. It is unlawful for an owner to deny the Director access to the
owner's property if the Director presents an inspection warrant or
abatement order issued pursuant to this Chapter.
C. It is unlawful to sell, expose for sale, offer for sale, transfer,
give away or offer to give away any tree or part of a tree which is, at the
time of the transfer, infested/ infected with an insect or disease restricted
by local, state or federal regulations.
5-11-9: PENALTY:
A person convicted of violating any provision of this Chapter shall
be punished as provided in Section 1-4-1 of this Code; provided, that each
separate act in violation of this Chapter, and each and every day or
portion thereof during which any act in violation of this Chapter is
committed, continued, or permitted, shall be deemed a separate offense.
Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect 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. Retroactivity. The amendment of any provision of the Vail Town
Code as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as commenced under or
by virtue of the provision amended. The amendment of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
Section 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of August, 2016 and a
public hearing for second reading of this Ordinance is set for the 16th day of August,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ordinance No. 18, Series of 2016
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 16th day of August, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 18, Series of 2016
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 21St day of June, 2016 and a
public hearing and second reading of this Ordinance set for the 5t" day of July, 2016, at
6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this day of , 2016.
ATTEST:
Patty McKenny, Town Clerk
2
Dave Chapin, Mayor
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 19 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of
August, 2016.
Witness my hand and seal this 3rd day of August, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 19
SERIES 2016
AN ORDINANCE AMENDING ARTICLE B, CHAPTER 3, TITLE 4 OF
THE VAIL TOWN CODE TO CREATE A NEW SECTION RELATING TO
THE PRIVATE USE OF VEHICLE IMMOBILIZERS
WHEREAS, the use of vehicle immobilization devices, or "boots," is a relatively
new practice being employed by private property owners to enforce parking violations
and in some circumstances payment in their lots;
WHEREAS, booting is being used as an alternative, or in addition, to the use of
towing;
WHEREAS, booting is not currently regulated by the state or the Town;
WHEREAS, there has been a rise in complaints from patrons of private parking
lots and businesses near these lots regarding the use of vehicle immobilization devices
and sometimes erroneous and fraudulent behavior that result in unjustified boots;
WHEREAS, without state or local regulation, there is an increased opportunity for
fraudulent and predatory practices that negatively impact the Town's citizens;
WHEREAS, citizens are blaming local businesses for the boots and not returning
to patronize those businesses, which negatively impacts the Town's economy;
WHEREAS, the Town Council finds that private booting, so long as it remains
unregulated, presents an appreciable risk to public safety and to property; and
WHEREAS, the Town Council, pursuant to its authority to protect and secure the
public health, safety and welfare of its citizens, desires to prohibit the use of vehicle
immobilization devices in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Article B, Chapter 3 of Title 4 of the Vail Town Code is hereby
amended by the addition of a new Section 7-313-8, to read as follows:
7-313-8: BOOTS ON MOTOR VEHICLES.
A. No person shall place a boot on any motor vehicle in the
Town except under the following circumstances -
1 .
ircumstances:
1. The person is directed by a law enforcement officer to place
a boot on the motor vehicle;
Ordinance No. 19, 2015
2. The person is a law enforcement officer authorized to place
the boot on the motor vehicle; or
3. The owner, authorized operator, or authorized agent of the
owner of the motor vehicle requested that the boot be placed on the motor
vehicle.
B. Upon placement of a boot on a motor vehicle at the direction
of a law enforcement officer, the person placing the boot shall:
1. Provide a notice affixed to the motor vehicle in a
conspicuous and obvious manner containing the name, address and
telephone number of the person who placed the boot on the motor vehicle,
the amount of the boot removal fee, the right to have the boot removed
within ninety (90) minutes of contacting the Police Department, the
signature of the person who placed the boot, and an advisement of the
right to request a post -seizure hearing for vehicle impoundment under
Section 7-3A-4 of this Code;
2. Maintain personnel authorized to remove the boot and
release any motor vehicle to its owner or driver upon the payment of any
boot removal fee; and
3. Provide a receipt upon payment, listing the fees charged and
advisement of the right to request a post -seizure hearing for vehicle
impoundment under Section 7-3A-4 of the Code.
C. For purposes of this Section, a "boot" is any immobilization
device placed upon a motor vehicle for purposes of parking violation
enforcement and without the prior consent or authorization of the owner or
operator of the motor vehicle.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code, as
provided in this ordinance, shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
Ordinance No. 19, 2015
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of August, 2016 and a
public hearing for second reading of this Ordinance is set for the 2nd day of August,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 16th day of August, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 19, 2015
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 19 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 17th day of
August, 2016.
Witness my hand and seal this 17th day of August, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 19
SERIES 2016
AN ORDINANCE AMENDING ARTICLE B, CHAPTER 3, TITLE 4 OF
THE VAIL TOWN CODE TO CREATE A NEW SECTION RELATING TO
THE PRIVATE USE OF VEHICLE IMMOBILIZERS
WHEREAS, the use of vehicle immobilization devices, or "boots," is a relatively
new practice being employed by private property owners to enforce parking violations
and in some circumstances payment in their lots;
WHEREAS, booting is being used as an alternative, or in addition, to the use of
towing;
WHEREAS, booting is not currently regulated by the state or the Town;
WHEREAS, there has been a rise in complaints from patrons of private parking
lots and businesses near these lots regarding the use of vehicle immobilization devices
and sometimes erroneous and fraudulent behavior that result in unjustified boots;
WHEREAS, without state or local regulation, there is an increased opportunity for
fraudulent and predatory practices that negatively impact the Town's citizens;
WHEREAS, citizens are blaming local businesses for the boots and not returning
to patronize those businesses, which negatively impacts the Town's economy;
WHEREAS, the Town Council finds that private booting, so long as it remains
unregulated, presents an appreciable risk to public safety and to property; and
WHEREAS, the Town Council, pursuant to its authority to protect and secure the
public health, safety and welfare of its citizens, desires to prohibit the use of vehicle
immobilization devices in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Article B, Chapter 3 of Title 4 of the Vail Town Code is hereby
amended by the addition of a new Section 7-313-8, to read as follows:
7-313-8: BOOTS ON MOTOR VEHICLES.
A. No person shall place a boot on any motor vehicle in the Town
except under the following circumstances:
1. The person is directed by a law enforcement officer to place
a boot on the motor vehicle;
Ordinance No. 18, Series of 2016
2. The person is a law enforcement officer authorized to place
the boot on the motor vehicle;
3. The owner, authorized operator, or authorized agent of the
owner of the motor vehicle requested that the boot be placed on the motor
vehicle; or
4. The person placing the boot is a property owner who owns
the boot and complies with the following:
a. Affixes a notice to the motor vehicle in a conspicuous and
obvious manner containing the name, address and telephone
number of the person who placed the boot on the motor vehicle, the
amount of the boot removal fee and the right to have the boot
removed upon payment of the boot removal fee; and
b. Maintains personnel able to remove the boot and release the
vehicle to its owner or authorized operator upon the payment of a
boot removal fee, with such personnel available twenty-four (24)
hours per day, seven (7) days per week.
B. Upon placement of a boot on a motor vehicle at the direction of a
law enforcement officer, the person placing the boot shall:
1. Affixes a notice to the motor vehicle in a conspicuous and
obvious manner containing the name, address and telephone number of
the person who placed the boot on the motor vehicle, the amount of the
boot removal fee, the right to have the boot removed within ninety (90)
minutes of contacting the Police Department, the signature of the person
who placed the boot, and an advisement of the right to request a post-
seizure hearing for vehicle impoundment under Section 7-3A-4 of this
Code;
2. Maintain personnel authorized to remove the boot and
release any motor vehicle to its owner or driver upon the payment of any
boot removal fee; and
3. Provide a receipt upon payment, listing the fees charged and
advisement of the right to request a post -seizure hearing for vehicle
impoundment under Section 7-3A-4 of the Code.
C. For purposes of this Section, a "boot" is any immobilization device
placed upon a motor vehicle for purposes of parking violation enforcement
and without the prior consent or authorization of the owner or operator of
the motor vehicle.
D. For purposes of this Section, a "property owner" is the owner or
lessee of the private property or a person who has been authorized in
Ordinance No. 18, Series of 2016
writing to act as an authorized agent for the property owner or lessee of
the private property.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code 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 ordinance
previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of August, 2016 and a
public hearing for second reading of this Ordinance is set for the 16t day of August,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 16th day of August, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 18, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 20 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 17th day of
August, 2016.
Witness my hand and seal this 17th day of August, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 20
Series of 2016
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 11, SERIES
1990, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 24, WARNER
DEVELOPMENT, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD)
DISTRICT, CHAPTER 9, TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE
AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule 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, Ordinance No. 11, Series of 1990, established Special Development
District No. 24, Warner Development;
WHEREAS, amendments to a Special Development District are permitted
pursuant to the parameters set forth in Section 12-9A-10, Vail Town Code;
WHEREAS, the Planning and Environmental Commission of the Town held a
public hearing on August 8, 2016 to consider the proposed amendment in accordance
with the provisions of the Vail Town Code and forwarded a recommendation of approval
to the Council by a vote of 5-0;
WHEREAS, the Council finds that the proposed amendment to Special
Development District No. 24, complies with the design criteria outlined in Section 12-9A-
8, Vail Town Code;
WHEREAS, the Council finds that the Special Development District amendment
complies with the standards listed Article 12-9A, Special Development District, or that a
practical solution consistent with the public interest has been achieved;
WHEREAS, the 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;
WHEREAS, the Council finds that the Special Development District amendment
is compatible with and suitable to adjacent uses and appropriate for the surrounding
areas;
WHEREAS, the Council finds that the Special Development District amendment
Ordinance No. 20, Series of 2016
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;
WHEREAS, the approval of this Special Development District amendment, and
the development standards in regard thereto, shall not establish a precedent or
entitlements elsewhere within the Town;
WHEREAS, all notices as required by the Town of Vail Municipal Code have
been sent to the appropriate parties.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Ordinance No. 11, Series of 1990, is hereby repealed and reenacted as
follows: (all additions are illustrated with bold italics, deletions are illustrated with
strikethreugh, and text not affected has been omitted):
SPctinn1 _
The Town council finds that the procedures for a zoning amendment as set
forth in Chapter 18.66 of the Municipal code of the Town of Vail relating to
zoning amendments have been fully satisfied.
SPctinn 2 -
The
The Town Council hereby rezones Lots 3, 4, and 5 of Vail Valley Third Filing
a replat of Sunburst, to Special Development District No. 24.
Section 3.
The Town Council finds that the development plan for Special Development
District No. 24 meets each of the standards set forth in Section 18.40.080 of
the Municipal Code of the Town of Vail or demonstrates that either one or
more of them is not applicable, or that a practical solution consistent with the
public interest has been achieved. In accordance with Section 18.40.040,
the development plan for Special Development District No. 24 is approved.
The development plan is comprised of those plans submitted by Junge
Reich Magee AIA, and consists of the following documents:
Site plan dated February 8, 1990.
2. Site/Landscape plan dated May 8, 1989.
3. Roof ridge height study and building elevations for Lots 3, 4,
and 5 numbered Al, A6 and A7.
4. Floor plans for Lot 3, dated January 29, 1990.
Ordinance No. 20, Series of 2016 2
5. Floor plans for Lot 4, dated January 22, 1990.
6. Floor plans for Lot 5, dated January 31, 1990.
Section 4.
Development standards for Special Development District No. 24 are
approved by the Town Council as a part of the approved development plan
as follows:
A. SETBACKS:
Setbacks shall be as indicated on the site plan set forth in
Section 3 of this Ordinance.
B. HEIGHT:
Building height shall be as indicated on the elevations and
roof ridge plans set forth in Section 3 of this Ordinance.
C. COVERAGE:
Site coverage shall be as follows:
1. Site coverage on Lot 3 shall not exceed 2595
square feet.
2. Site coverage on Lot 4 shall not exceed 3726
square feet.
3. Site coverage on Lot 5 shall not exceed 2878
square feet.
D. DENSITY:
Development in SDD No. 24 shall be limited to 1
primary/secondary structure each on lots 3, 4, and 5. Gross
Residential Floor Area within SDD No. 24 shall be as follows:
1. GRFA on Lot 3 shall not exceed 3300 square feet.
2. GRFA on Lot 4 shall not exceed 5500 square feet.
3. GRFA on Lot 5 shall not exceed 3550 square feet.
E. LANDSCAPING:
The area of the site to be landscaped shall generally be as
indicated on the landscape plan set forth in Section 3 of this
Ordinance.
Ordinance No. 20, Series of 2016 3
F. PARKING:
Parking in SOD No. 24 shall be met in accordance with the
off-street parking requirements as specified in Section 18.52
of the Municipal Code of the Town of Vail, and as generally
indicated in the site plan as set forth in Section 3 of this
Ordinance.
Section 5.
The following are conditions of approval for Special Development District
No. 24:
The use of the shy employee housing units (EHUs)
on lots 3, 4, and 4, as indicated on floor plans referenced in
Section 3 of this Ordinance, shall be permanently restricted to
long term employee housing rental and are required to be
leased. An agreern deed restriction agreement for the
occupancy, rental and transfer of a Type 111 Employee
Housing Unit, as is defined on the effective date of this
ordinance, outlining this restriction shall be submitted by
the each owner to the Town of Vail and said agreement shall
be reviewed, approved and recorded prior to the effective
date of this ordinance. iss panGe of any temporary nor+ifino+o
of eGcupanGy on this project. Section 18080 12-13 of the
Municipal Code of the Town of Vail shall be used for the
wording of this agreement, except that the units shall be
permanently restricted to employee housing rentals. The
Town of Vail shall be a party to this agreement and the
agreement shall be recorded by the Town of Vail at the Eagle
County Clerk and Recorder's office. Restrictions concerning
the use of these units shall run with the land.
2. The owners of Lots 3, 4, and 5 shall submit an annual report
to the Town of Vail demonstrating that the lot's seceeda
employee housing units are rented and occupied as
stipulated in Condition #1.
Section 6.
Amendments to the approved development plan may be granted pursuant
to Section 18.40.100 of the Municipal code of the Town of Vail.
Ordinance No. 20, Series of 2016 4
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 inhabitants thereof.
Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not 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 by declared invalid.
Section 4. The repeal or the repeal and reenactment of any provisions of Vail
Municipal Code as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as commenced under or by
virtue of the provision repealed or repealed and reenacted. The repeal of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are hereby repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
heretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of August, 2016 and a
public hearing for second reading of this Ordinance set for the 6th day of September,
2016, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in
full this 6th day of September, 2016.
Ordinance No. 20, Series of 2016 5
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 20, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Patty McKenny, Town of Vail Town Clerk, do solemnly swear and affirm
that I published in full a true and correct copy of Ordinance No. 20 Series of
2016, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of
September, 2016.
Witness my hand and seal this 22nd day of September, 2016.
Patty cKen
To n C rk
ORDINANCE NO. 20
Series of 2016
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 11, SERIES
1990, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 24, WARNER
DEVELOPMENT, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD)
DISTRICT, CHAPTER 9, TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE
AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule 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, Ordinance No. 11, Series of 1990, established Special Development
District No. 24, Warner Development;
WHEREAS, amendments to a Special Development District are permitted
pursuant to the parameters set forth in Section 12-9A-10, Vail Town Code;
WHEREAS, the Planning and Environmental Commission of the Town held a
public hearing on August 8, 2016 to consider the proposed amendment in accordance
with the provisions of the Vail Town Code and forwarded a recommendation of approval
to the Council by a vote of 5-0;
WHEREAS, the Council finds that the proposed amendment to Special
Development District No. 24, complies with the design criteria outlined in Section 12-
9A-8, Vail Town Code;
WHEREAS, the Council finds that the Special Development District amendment
complies with the standards listed Article 12-9A, Special Development District, or that a
practical solution consistent with the public interest has been achieved;
WHEREAS, the 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;
WHEREAS, the Council finds that the Special Development District amendment
is compatible with and suitable to adjacent uses and appropriate for the surrounding
areas;
WHEREAS, the Council finds that the Special Development District amendment
Ordinance No. 20, Series of 2016
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;
WHEREAS, the approval of this Special Development District amendment, and
the development standards in regard thereto, shall not establish a precedent or
entitlements elsewhere within the Town;
WHEREAS, all notices as required by the Town of Vail Municipal Code have
been sent to the appropriate parties.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Ordinance No. 11, Series of 1990, is hereby repealed and reenacted as
follows: (all additions are illustrated with bold italics, deletions are illustrated with
s#�+lF
eugh, and text not affected has been omitted):
Section1.
The Town council finds that the procedures for a zoning amendment as set
forth in Chapter 18.66 of the Municipal code of the Town of Vail relating to
zoning amendments have been fully satisfied.
Section 2.
The Town Council hereby rezones Lots 3, 4, and 5 of Vail Valley Third
Filing a replat of Sunburst, to Special Development District No. 24.
Section 3.
The Town Council finds that the development plan for Special Development
District No. 24 meets each of the standards set forth in Section 18.40.080 of
the Municipal Code of the Town of Vail or demonstrates that either one or
more of them is not applicable, or that a practical solution consistent with
the public interest has been achieved. In accordance with Section
18.40.040, the development plan for Special Development District No. 24 is
approved. The development plan is comprised of those plans submitted by
Junge Reich Magee AIA, and consists of the following documents:
Site plan dated February 8, 1990.
2. Site/Landscape plan dated May 8, 1989.
3. Roof ridge height study and building elevations for Lots 3, 4,
and 5 numbered Al, A6 and A7.
4. Floor plans for Lot 3, dated January 29, 1990.
Ordinance No. 20, Series of 2016 2
5. Floor plans for Lot 4, dated January 22, 1990.
6. Floor plans for Lot 5, dated January 31, 1990.
Section 4.
Development standards for Special Development District No. 24 are
approved by the Town Council as a part of the approved development plan
as follows:
A. SETBACKS:
Setbacks shall be as indicated on the site plan set forth in
Section 3 of this Ordinance.
B. HEIGHT:
Building height shall be as indicated on the elevations and
roof ridge plans set forth in Section 3 of this Ordinance.
C. COVERAGE:
Site coverage shall be as follows:
1. Site coverage on Lot 3 shall not exceed 2595
square feet.
2. Site coverage on Lot 4 shall not exceed 3726
square feet.
3. Site coverage on Lot 5 shall not exceed 2878
square feet.
D. DENSITY:
Development in SDD No. 24 shall be limited to 1
primary/secondary structure each on lots 3, 4, and 5. Gross
Residential Floor Area within SDD No. 24 shall be as follows:
1. GRFA on Lot 3 shall not exceed 3300 square feet.
2. GRFA on Lot 4 shall not exceed 5500 square feet.
3. GRFA on Lot 5 shall not exceed 3550 square feet.
E. LANDSCAPING:
The area of the site to be landscaped shall generally be as
indicated on the landscape plan set forth in Section 3 of this
Ordinance.
Ordinance No. 20, Series of 2016 3
F. PARKING:
Parking in SDD No. 24 shall be met in accordance with the
off-street parking requirements as specified in Section 18.52
of the Municipal Code of the Town of Vail, and as generally
indicated in the site plan as set forth in Section 3 of this
Ordinance.
Section 5.
The following are conditions of approval for Special Development District
No. 24:
The use of the secondary units on lots 3, 4, and 5, as
indicated on floor plans referenced in Section 3 of this
Ordinance, shall be permanently restricted to long term
employee housing rental.
2. The use of the employee housing unit (EHU) on Lot 4, as
indicated on floor plans referenced in Section 3 of this
Ordinance, shall be permanently restricted to long term
employee housing rental and is required to be leased. A
deed restriction agreement for the occupancy, rental and
transfer of a Type 111 Employee Housing Unit, as is
defined on the effective date of this ordinance outlining
this restriction, shall be submitted by the owner of Lot 4
to the Town of Vail and said agreement shall be reviewed,
approved and recorded prior to the effective date of this
ordinance. Furthermore, the owner of Lot 4 shall submit
to the Town of Vail deed restriction agreements for the
occupancy, rental and transfer of two (2) additional Type
111 Employee Housing Units, as is defined on the effective
date of this ordinance and located within the Town of
Vail, and said agreements shall be reviewed, approved
and recorded prior to the effective date of this ordinance.
Ordinance No. 20, Series of 2016 4
3. The owners of Lots 3, 4, and 5 shall submit an annual report
to the Town of Vail demonstrating that the lot's sessRdaFY
employee housing units are rented and occupied as
stipulated in Conditions #1 and 2.
Section 6.
Amendments to the approved development plan may be granted pursuant
to Section 18.40.100 of the Municipal code of the Town of Vail.
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 inhabitants thereof.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not 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 by declared invalid.
Section 4. The repeal or the repeal and reenactment of any provisions of Vail
Municipal Code as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as commenced under or by
virtue of the provision repealed or repealed and reenacted. The repeal of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are hereby repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
heretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of August, 2016 and a
public hearing for second reading of this Ordinance set for the 20th day of September,
2016, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Ordinance No. 20, Series of 2016 5
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in
full this 20th day of September, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 20, Series of 2016 6
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Patty McKenny, Town of Vail Town Clerk, do solemnly swear and affirm
that I published in full a true and correct copy of Ordinance No. 21 Series of
2016, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of
September, 2016.
Witness my hand and seal this 22nd day of September, 2016.
Pa4nlyte
Kenn
Tork
ORDINANCE NO. 21
SERIES 2016
AN ORDINANCE AMENDING TITLE 5 OF THE VAIL TOWN CODE BY
THE ADDITION THERETO OF A NEW CHAPTER 15 CONCERNING
THE REGULATION OF RECREATIONAL UNMANNED AIRCRAFT
SYSTEMS (DRONES)
WHEREAS, unmanned aircraft systems ("UAS"), commonly known as drones,
are devices that are used or are intended to be used for flight in the air with no onboard
pilot;
WHEREAS, there has been considerable increase in the use and popularity of
recreational UAS;
WHEREAS, the Town Council finds that recreational UAS, when operated within
the Town and particularly in populated areas, present an appreciable risk to public
safety in the air and to persons and property on the ground; and
WHEREAS, the Town Council, pursuant to its authority to protect and secure the
public health, safety and welfare of its citizens, desires to enact regulations for the use
and operation of recreational UAS in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 5 of the Vail Town Code is hereby amended by the addition of
a new Chapter 15 to read as follows:
Chapter 15
RECREATIONAL UNMANNED AIRCRAFT SYSTEMS
5-15-1: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
UNMANNED AIRCRAFT SYSTEM (UAS) means an aircraft, powered
aerial vehicle, or other device without a human pilot aboard, the flight of
which is controlled either autonomously by onboard computers or by the
remote control of a pilot operator on the ground or in another vehicle or
aircraft, and all associated equipment and apparatus, used for a hobby or
recreational purpose.
FAA means the Federal Aviation Administration.
OPERATE means to use, fly, launch, land, employ, control or engage the
functionality of a UAS in any manner.
1
9/15/2016
C: (PROGRAM FILES (X86)WEEVIA. COMIDOCCONVERTERPROITEMPWVDC13FF3C878-1422-4DB2-B24F-
CC648849B60BIVAIL GOV.8243.1.ORDINANCE NO. -21 -SERIES -OF 2016.DOCX
September 20, 2016 - Page 14 c
TOWN AIRSPACE includes all airspace above the territorial boundaries of
the Town, to the full extent that such airspace can legally be regulated by
the Town.
VISUAL LINE OF SIGHT means the UAS must be visible at all times to
the operator of the UAS, the operator must use his or her own natural
vision to observe the UAS, and persons other than the operator may not
be used in lieu of the operator for maintaining visual line of sight. The
operator's own natural vision may include vision corrected by standard
eyeglasses or contact lenses.
5-15-2: SAFETY REQUIREMENTS:
It is unlawful to operate a UAS within the Town or in Town Airspace,
except in conformance with the following:
A. The UAS shall be flown below a maximum altitude of four hundred
(400) feet above the ground.
B. The UAS shall weigh no more than fifty-five (55) pounds at the time
of operation, inclusive of equipment, payload and fuel.
C. The UAS shall be flown within the visual line of sight of the person
operating the UAS.
D. The UAS shall not be operated over any person not directly
involved in the operation.
E. The UAS shall not be flown near pedestrians, bicyclists, motorists,
roadways, parking lots, playgrounds, stadiums, sporting events, festivals
or other open air assembly of persons, or areas or special events subject
to an FAA notice of temporary flight restriction.
F. The UAS shall remain clear of and not interfere with manned
aircraft operations or other UAS.
G. The UAS shall be operated during daylight hours only.
H. The UAS shall not be operated from a moving vehicle or other
aircraft.
I. The UAS shall be operated in compliance with all applicable law,
including any regulations adopted by the FAA.
5-15-3: RECKLESS OR CARELESS OPERATION:
It is unlawful to operate a UAS in a reckless or careless manner so as to
endanger the health, safety or well-being of persons or property. A person
2
9/1x/2016
C:IPROGRAM FILES ()(86)WEEV/A. COMIDOCCONVERTERPROITEMPWVDC13FF3C878-1422-4DB2-B24F-
CC648849B60SIVAIL GOV.8243.1.ORDINANCE NO._21_SERIES OF 2016.DOCX
September 20, 2016 - Page 15 c
shall not operate a UAS if he or she knows or has reason to know of any
physical or mental condition that would interfere with the safe operation of
the UAS, or if he or she knows or has reason to know that the UAS is not
in proper working order.
5-15-4: RESTRICTED AREAS:
A. It is unlawful to operate a UAS in pedestrian areas of Vail Village,
Lionshead Village and Ford Park.
B. It is unlawful to operate a UAS in any area in the Town in which the
UAS would interfere with a helicopter accessing or leaving the Vail Valley
Medical Center.
C. It is unlawful to operate a UAS in or above a public parking
structure.
5-15-5: USE BY LAW ENFORCEMENT/EMERGENCY SERVICES:
Nothing in this Chapter is intended to prohibit the use of a UAS for lawful
purposes and in a lawful manner by any law enforcement agency of the
Town or other local, state or federal government, or emergency services
personnel.
5-15-6: VIOLATION AND PENALTY:
A. It is unlawful to violate any provision of this Chapter. A person who
is convicted of violating any provision of this Chapter shall be punished as
provided in Section 1-4-1 of this Code.
B. In addition to the penalty set forth in subsection A, the Town many
impound any UAS that is operated in a careless or reckless manner, in the
interest of public safety.
Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect 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. Retroactivity. 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.
3
9/1512016
C:IPROGRAMFILES (X86)WEEVIA.COMIDOCCONVERTERPROITEMPWVDC13FF3C878-1422-4DB2-B24F-
CC648849B60BIVAIL GOV.8243. 1. ORDINANCE NO. -21 -SERIES -OF 2016.DOCX
September 20, 2016 - Page 16 c
Section 4. Repeal. 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 day of , 2016
and a public hearing for second reading of this Ordinance is set for the day of
, 2016, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
4
9/1512016
CAPROGRAM FILES ()(86)WEEVIA.COMIDOCCONVERTERPROITEMPWVDC13FF3C878-1422-4DB2-B24F-
CC648849B60BIVAIL GOV.8243.1.ORDINANCE NO. -21 -SERIES -OF 2016.DOCX
September 20, 2016 - Page 17 c
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 21 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 5t" day of
October, 2016.
Witness my hand and seal this 5t" day of October, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 21
SERIES 2016
AN ORDINANCE AMENDING TITLE 5 OF THE VAIL TOWN CODE BY
THE ADDITION THERETO OF A NEW CHAPTER 15 CONCERNING
THE REGULATION OF RECREATIONAL UNMANNED AIRCRAFT
SYSTEMS (DRONES)
WHEREAS, unmanned aircraft systems ("UAS"), commonly known as drones,
are devices that are used or are intended to be used for flight in the air with no onboard
pilot;
WHEREAS, there has been considerable increase in the use and popularity of
recreational UAS;
WHEREAS, the Town Council finds that recreational UAS, when operated within
the Town and particularly in populated areas, present an appreciable risk to public
safety in the air and to persons and property on the ground; and
WHEREAS, the Town Council, pursuant to its authority to protect and secure the
public health, safety and welfare of its citizens, desires to enact regulations for the use
and operation of recreational UAS in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 5 of the Vail Town Code is hereby amended by the addition of
a new Chapter 15 to read as follows:
Chapter 15
RECREATIONAL UNMANNED AIRCRAFT SYSTEMS
5-15-1: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
UNMANNED AIRCRAFT SYSTEM (UAS) means an aircraft, powered
aerial vehicle, or other device without a human pilot aboard, the flight of
which is controlled either autonomously by onboard computers or by the
remote control of a pilot operator on the ground or in another vehicle or
aircraft, and all associated equipment and apparatus, used for a hobby or
recreational purpose.
FAA means the Federal Aviation Administration.
OPERATE means to use, fly, launch, land, employ, control or engage the
functionality of a UAS in any manner.
Ordinance No. 21. Series of 2016
TOWN AIRSPACE includes all airspace above the territorial boundaries of
the Town, to the full extent that such airspace can legally be regulated by
the Town.
VISUAL LINE OF SIGHT means the UAS must be visible at all times to
the operator of the UAS, the operator must use his or her own natural
vision to observe the UAS, and persons other than the operator may not
be used in lieu of the operator for maintaining visual line of sight. The
operator's own natural vision may include vision corrected by standard
eyeglasses or contact lenses.
5-15-2: SAFETY REQUIREMENTS:
It is unlawful to operate a UAS within the Town or in Town Airspace,
except in conformance with the following:
A. The UAS shall be flown below a maximum altitude of four hundred
(400) feet above the ground.
B. The UAS shall weigh no more than fifty-five (55) pounds at the time
of operation, inclusive of equipment, payload and fuel.
C. The UAS shall be flown within the visual line of sight of the person
operating the UAS.
D. The UAS shall not be operated over any person not directly
involved in the operation.
E. The UAS shall not be flown near pedestrians, bicyclists, motorists,
roadways, parking lots, playgrounds, stadiums, sporting events, festivals
or other open air assembly of persons, or areas or special events subject
to an FAA notice of temporary flight restriction.
F. The UAS shall remain clear of and not interfere with manned
aircraft operations or other UAS.
G. The UAS shall be operated during daylight hours only.
H. The UAS shall not be operated from a moving vehicle or other
aircraft.
I. The UAS shall be operated in compliance with all applicable law,
including any regulations adopted by the FAA.
5-15-3: RECKLESS OR CARELESS OPERATION:
It is unlawful to operate a UAS in a reckless or careless manner so as to
endanger the health, safety or well-being of persons or property. A person
Ordinance No. 21. Series of 2016
shall not operate a UAS if he or she knows or has reason to know of any
physical or mental condition that would interfere with the safe operation of
the UAS, or if he or she knows or has reason to know that the UAS is not
in proper working order.
5-15-4: RESTRICTED AREAS:
A. It is unlawful to operate a UAS in pedestrian areas of Vail Village,
Lionshead Village and Ford Park, or on Meadow Drive between Vail
Village and Lionshead Village.
B. It is unlawful to operate a UAS in any area in the Town in which the
UAS would interfere with a helicopter accessing or leaving the Vail Valley
Medical Center.
C. It is unlawful to operate a UAS in or above a public parking
structure
5-15-5: USE BY LAW ENFORCEMENT/EMERGENCY SERVICES:
Nothing in this Chapter is intended to prohibit the use of a UAS for lawful
purposes and in a lawful manner by any law enforcement agency of the
Town or other local, state or federal government, or emergency services
personnel.
MMI-icy/If] W_AIlei ►I_1►1I1U4ZF-11NWA
A. It is unlawful to violate any provision of this Chapter. A person who
is convicted of violating any provision of this Chapter shall be punished as
provided in Section 1-4-1 of this Code.
B. In addition to the penalty set forth in subsection A, the Town many
impound any UAS that is operated in a careless or reckless manner, in the
interest of public safety.
Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect 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. Retroactivity. 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
Ordinance No. 21. Series of 2016
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. Repeal. 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 20f" day of September, 2016
and a public hearing for second reading of this Ordinance is set for the 4'" day of
October, 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 4f" day of October, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 21. Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Patty McKenny, Vail Town Clerk, do solemnly swear and affirm that I
published in full a true and correct copy of Ordinance No. 22 Series of 2016, on
the Town of Vail's web site, www.vailgov.com, on the 22nd day of September,
2016.
Witness my hand and seal this 22nd day of September, 2016.
WP y Ke y
TCW
C rk
ORDINANCE NO. 22
SERIES 2016
AN ORDINANCE REPEALING AND REENACTING CHAPTER 4 OF
TITLE 5 OF THE VAIL TOWN CODE, CONCERNING SMOKING
WHEREAS, in 2006, the Colorado legislature passed the Colorado Clean Indoor
Air Act, C.R.S. § 25-14-201, et seq. (the "CCIAA"), which provides that a municipality
may enact, adopt, and enforce smoking regulations that are no less stringent than state
law; and
WHEREAS, the Town Council desires to repeal and reenact Chapter 4 of Title 5
of the Vail Town Code to comply with the CCIAA and to regulate electronic smoking
devices.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 4 of Title 5 of the Vail Town Code is hereby repealed in its
entirety and reenacted to read as follows:
CHAPTER 4
SMOKING
5-4-1: DEFINITIONS:
ELECTRONIC SMOKING DEVICE: An electric or battery-operated
device, the use of which resembles conventional smoking, which can be
used to deliver substances, including without limitation nicotine, tobacco,
or marijuana, to the person using such device, including without limitation
an electronic cigarette, cigar, cigarillo, pipe, or hookah, but excluding any
product approved by the U.S. Food and Drug Administration as a drug or
medical device that is used in accordance with its purpose.
EMPLOYEE: Any person who is employed by an employer.
EMPLOYER: Any person, partnership or corporation, including a
municipal corporation, who employs the services of any person.
ENCLOSED AREA: All space between a floor and ceiling which is
enclosed on all sides by solid walls or windows (exclusive of doors or
passageways) which extend from floor to ceiling, including all space
therein screened by partitions which do not extend to the ceiling or are not
solid or similar structures.
ENTRYWAY: The front or main doorway leading into a building.
MINOR: A person under eighteen (18) years of age.
Ordinance No. 22, Series of 2016
September 20, 2016 - Page 19 c
NICOTINE PRODUCT: An electronic device or any component thereof
that can be used to deliver nicotine to the person inhaling from the device,
including, without limitation, an electronic cigarette, cigar, cigarillo,
hookah, pipe or nicotine vaporizer; and nicotine or other chemical liquids,
extracts, and oils intended to be used therein.
PLACE OF EMPLOYMENT: Any enclosed area under the control of a
public or private employer which employees normally frequent during the
course of employment.
PUBLIC PLACE: Any enclosed area in which the general public is
permitted, including without limitation: convention halls, covered parking
structures, public or private educational facilities, childcare facilities, adult
daycare or medical or healthcare facilities, hospitals, gymnasiums, post
offices, guest rooms in commercial lodging establishments, laundromats,
performance halls, polling places, professional offices, public
transportation facilities, taxis, reception areas, restaurants, bars, retail
food production and marketing/grocery establishments, retail service
establishments, retail stores, indoor sports arenas, bowling alleys, billiard
or pool halls, and theaters; every room, chamber or place of meeting or
public assembly; all areas of an establishment that are open to, or
customarily used by, the general public, including without limitation
elevators, restrooms, lobbies, reception areas, hallways, waiting rooms
and other common areas in apartment buildings, condominiums, trailer
parks, retirement facilities, nursing homes and other multiple unit
residential or commercial lodging establishments; and any private
residence when in use as a child care, adult daycare, or health care
facility.
RETAIL TOBACCO STORE: A retail store utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products
is merely incidental.
SMOKING: The lighting of any cigarette, cigar, pipe, or the activation of
an electronic smoking device, or the possession of any lighted cigarette,
cigar, pipe or activated electronic smoking device, regardless of its
composition.
TOBACCO PRODUCT: A product that contains tobacco or is derived
from tobacco and is intended to be ingested, inhaled, smoked, placed in
oral or nasal cavities, or applied to the skin of an individual, including,
without limitation, cigarettes, cigars, cigarillos, kreteks, bidis, hookah, and
pipes; granulated, plug cut, crimp cut, ready rubbed, and other smoking
tobacco; snuff and snuff flour, snus, plug and twist, fine cut, and other
chewing or dipping tobacco; shorts, refuse scraps, clippings, cuttings, and
seepings of tobacco; and any other kinds and forms of tobacco, prepared
Ordinance No. 22, Series of 2016
September 20, 2016 - Page 20 c
in such manner as to be suitable for both chewing or for smoking in a
cigarette, pipe, or otherwise, or both for chewing and smoking.
WORK AREA: An area in a place of employment where one or more
employees are routinely assigned and perform services for or on behalf of
their employer.
5-4-2: SMOKING PROHIBITED:
A. Public Places: Smoking is prohibited in any public place.
B. Entryways: Smoking is prohibited within fifteen (15) feet of any
entryway.
C. Outdoor areas: Smoking is prohibited within fifteen (15) feet of any
outdoor patio or deck designated as an area for the consumption of food
or drinks.
D. Posted Areas: Smoking is prohibited in designated "no smoking"
areas as set forth in Sections 5-4-3 and 5-4-5.
E. Other Areas: Smoking is prohibited in those areas where smoking
is prohibited by state law, fire code regulations, or other regulations of the
Town.
5-4-3: SMOKING PERMITTED:
A. Smoking is permitted in the following places:
1. Private homes and vehicles except if any such home is
being used for childcare or daycare or vehicle is being used for the public
transportation of children;
2. Limousines under private hire;
3. Commercial lodging, including without limitation hotel and
motel rooms rented to one or more guests and designated as smoking
rooms; provided, however, that not more than twenty-five (25%) percent of
the rooms in a hotel or motel may be so designated;
4. Retail tobacco stores;
5. A place of employment that is not open to the public and that
is under the control of an employer that employs three (3) or fewer
employees;
6. Smoking by performers as part of a stage production at a
theater; and
Ordinance No. 22, Series of 2016
September 20, 2016 - Page 21 c
7. Areas of assisted living facilities that are designated for
smoking, that are fully enclosed and ventilated and to which access is
restricted to the residents and their guests.
B. Notwithstanding any other provision of this Section, an owner,
operator, manager or other person who controls an establishment, facility
or grounds described in this Section may declare the entire establishment,
facility or grounds smoke-free.
C. In the case of employers who own facilities otherwise exempted
under this Section, each such employer shall provide a smoke-free work
area for each employee requesting not to have to breathe environmental
tobacco smoke. Every employee shall have a right to work in an area free
of environmental tobacco smoke.
5-4-4: DISCRIMINATION OR RETALIATION UNLAWFUL:
It is unlawful for an employer, proprietor or person in charge of a public
place or place of employment regulated under this Chapter to discharge,
discriminate against or in any manner retaliate against any person who
requests the designation of "no smoking" areas or enforcement of "no
smoking" areas.
5-4-6: MINORS:
A. It is unlawful for a minor to possess, consume, or use a tobacco
product or nicotine product in the Town.
B. It is unlawful for a minor to purchase, obtain or attempt to purchase
or obtain a tobacco product or nicotine product in the Town by
misrepresentation of age or by any other method.
C. It is unlawful for a person to knowingly furnish to a minor in the
Town, by gift, sale or any other means, a tobacco product or nicotine
product.
D. It is a rebuttable presumption that the substance within a package
or container is a tobacco product or nicotine product if the package or
container has affixed to it a label which identifies the package or container
as containing a tobacco or nicotine product.
E. It is an affirmative defense to a prosecution under this Section that
the person furnishing the tobacco product or nicotine product was
presented with and reasonably relied upon a document which identified
the minor receiving the tobacco product or nicotine product as being
eighteen (18) years of age or older.
Ordinance No. 22, Series of 2016
September 20, 2016 - Page 22 c
5-4-7: VIOLATION AND PENALTY:
A. It is unlawful to violate any provision of this Chapter.
B. The penalty for a violation of this Chapter shall be as provided in
Section 1-4-1 of this Code.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code 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 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 2�'-"-
PUBLISHED ONCE IN FULL ON FIRST READING this to , 2016 and a -
public hearing for second reading of this Ordinance is set for the rn
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. - %q 06vPSEQ
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2016.
Dave Chapin, Mayor
Ordinance No. 22, Series of 2016
September 20, 2016 - Page 23 c
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 22, Series of 2016
September 20, 2016 - Page 24 c
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 22 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 19th day of
October, 2016.
Witness my hand and seal this 19th day of October, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 22
SERIES 2016
AN ORDINANCE REPEALING AND REENACTING CHAPTER 4 OF TITLE 5
OF THE VAIL TOWN CODE, CONCERNING SMOKING
WHEREAS, in 2006, the Colorado legislature passed the Colorado Clean Indoor Air Act,
C.R.S. § 25-14-201, et seq. (the "CCIAA"), which provides that a municipality may enact, adopt,
and enforce smoking regulations that are no less stringent than state law; and
WHEREAS, the Town Council desires to repeal and reenact Chapter 4 of Title 5 of the
Vail Town Code to comply with the CCIAA and to regulate electronic smoking devices.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Chapter 4 of Title 5 of the Vail Town Code is hereby repealed in its
entirety and reenacted to read as follows:
CHAPTER 4
SMOKING
5-4-1: DEFINITIONS:
ELECTRONIC SMOKING DEVICE: An electric or battery-operated device, the
use of which resembles conventional smoking, which can be used to deliver
substances, including without limitation nicotine, tobacco, or marijuana, to the
person using such device. Electronic smoking device includes without limitation
an electronic cigarette, cigar, cigarillo, pipe, or hookah, but does not include any
product approved by the U.S. Food and Drug Administration as a drug or medical
device that is used in accordance with its purpose.
EMPLOYEE: Any person who is employed by any employer.
EMPLOYER: Any person, partnership or corporation, including a municipal
corporation, who employs the services of any person.
ENCLOSED AREA: All space between a floor and ceiling which is enclosed on
all sides by solid walls or windows (exclusive of doors or passageways) which
extend from floor to ceiling, including all space therein screened by partitions
which do not extend to the ceiling or are not solid or similar structures.
ENTRYWAY: The front or main doorway leading into a building.
MINOR: A person under eighteen (18) years of age.
NICOTINE PRODUCT: An electronic device or any component thereof that can
be used to deliver nicotine to the person inhaling from the device, including,
without limitation, an electronic cigarette, cigar, cigarillo, hookah, pipe or nicotine
vaporizer; and nicotine or other chemical liquids, extracts, and oils intended to be
used therein.
Ordinance No. 22, Series of 2016
PLACE OF EMPLOYMENT: Any enclosed area under the control of a public or
private employer which employees normally frequent during the course of
employment.
PUBLIC PLACE: Any enclosed area in which the general public is permitted,
including without limitation: convention halls, covered parking structures, public
or private educational facilities, childcare facilities, adult daycare or medical or
healthcare facilities, hospitals, gymnasiums, post offices, guest rooms in
commercial lodging establishments, laundromats, performance halls, polling
places, professional offices, public transportation facilities, taxis, reception areas,
restaurants, bars, retail food production and marketing/grocery establishments,
retail service establishments, retail stores, indoor sports arenas, bowling alleys,
billiard or pool halls, and theaters; every room, chamber or place of meeting or
public assembly; all areas of an establishment that are open to, or customarily
used by, the general public, including without limitation elevators, restrooms,
lobbies, reception areas, hallways, waiting rooms and other common areas in
apartment buildings, condominiums, trailer parks, retirement facilities, nursing
homes and other multiple unit residential or commercial lodging establishments;
and any private residence when in use as a child care, adult daycare, or health
care facility.
RETAIL TOBACCO STORE: A retail store utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products is
merely incidental.
SMOKING: The lighting of any cigarette, cigar, pipe, or the activation of an
electronic smoking device, or the possession of any lighted cigarette, cigar, pipe
or activated electronic smoking device, regardless of its composition.
TOBACCO PRODUCT: A product that contains tobacco or is derived from
tobacco and is intended to be ingested, inhaled, smoked, placed in oral or nasal
cavities, or applied to the skin of an individual, including, without limitation,
cigarettes, cigars, cigarillos, kreteks, bidis, hookah, and pipes; granulated, plug
cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour,
snus, plug and twist, fine cut, and other chewing or dipping tobacco; shorts,
refuse scraps, clippings, cuttings, and seepings of tobacco; and any other kinds
and forms of tobacco, prepared in such manner as to be suitable for both
chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and
smoking.
WORK AREA: An area in a place of employment where one or more employees
are routinely assigned and perform services for or on behalf of their employer.
5-4-2: SMOKING PROHIBITED:
A. Public Places. Smoking is prohibited in any public place.
B. Entryways: Smoking is prohibited within fifteen (15) feet of any entryway.
C. Outdoor eating areas. Smoking it prohibited within fifteen (15) feet of any
outdoor eating area.
Ordinance No. 22, Series of 2016
D. Outdoor recreation areas and bus stops. Smoking is prohibited at all Town of
Vail parks, open space, recreation areas, skate parks, soccer fields, ball fields, and
within 15 feet of all multi -use recreation paths, bus stops and platforms.
E. Posted Areas. Smoking is prohibited in designated "no smoking" areas
as set forth in Sections 5-4-3 and 5-4-5.
F. Other Areas. Smoking is prohibited in those areas where smoking is
prohibited by state law, fire code regulations, or other regulations of the Town.
5-4-3: SMOKING PERMITTED:
A. Smoking is permitted in the following places:
1. Private homes except if any such home or vehicle is being used
for childcare or daycare or if a private vehicle is being used for the public
transportation of children;
2. Private automobiles;
3. Limousines under private hire;
4. Commercial lodging including without limitation hotel or motel
rooms rented to one or more guests and designated as smoking rooms;
provided, however, that not more than twenty-five (25%) percent of the rooms
rented in a hotel, or motel may be so designated;
5. Retail tobacco stores;
6. A place of employment that is not open to the public and that is
under the control of an employer that employs three (3) or fewer employees;
7. Smoking by performers as part of a stage production at a theater;
and
8. Areas of assisted living facilities that are designated for smoking
for residents; that are fully enclosed and ventilated and to which access is
restricted to the residents and their guests.
B. Notwithstanding any other provision of this Section, an owner, operator,
manager or other person who controls an establishment, facility or grounds
described in this Section may declare the entire establishment, facility or grounds
smoke-free.
C. In the case of employers who own facilities otherwise exempted under
this Section, each such employer shall provide a smoke-free work area for each
employee requesting not to have to breathe environmental tobacco smoke.
Every employee shall have a right to work in an area free of environmental
tobacco smoke.
Ordinance No. 22, Series of 2016
5-4-4: DISCRIMINATION OR RETALIATION UNLAWFUL:
It is unlawful for an employer, proprietor or person in charge of a public place or
place of employment regulated under this Chapter to discharge, discriminate
against or in any manner retaliate against any person who requests the
designation of "no smoking" areas or enforcement of "no smoking" areas.
5-4-6: MINORS:
A. It is unlawful for a minor to possess, consume, or use a tobacco product
or nicotine product in the Town.
B. It is unlawful for a minor to purchase, obtain or attempt to purchase or
obtain a tobacco product or nicotine product in the Town by misrepresentation of
age or by any other method.
C. It is unlawful for a person to knowingly furnish to a minor in the Town, by
gift, sale or any other means, a tobacco product or nicotine product.
D. It is a rebuttable presumption that the substance within a package or
container is a tobacco product or nicotine product if the package or container has
affixed to it a label which identifies the package or container as containing a
tobacco or nicotine product.
E. It is an affirmative defense to a prosecution under this Section that the
person furnishing the tobacco product or nicotine product was presented with
and reasonably relied upon a document which identified the minor receiving the
tobacco product or nicotine product as being eighteen (18) years of age or older.
5-4-7: VIOLATION AND PENALTY:
A. It is unlawful to violate any provision of this Chapter.
B. The penalty for a violation of this Chapter shall be as provided in Section
1-4-1 of this Code.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of
the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code 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
Ordinance No. 22, Series of 2016
hereby shall not revive any provision or 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 201h day of September, 2016 and a
public hearing for second reading of this Ordinance is set for the 4th day of October, 2016, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
18th day of October, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 22, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 23 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 7t" day of
September, 2016.
Witness my hand and seal this 7t" day of September, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 23
SERIES 2016
AN ORDINANCE AMENDING SECTION 12-13-5, EMPLOYEE HOUSING
DEED RESTRICTION EXCHANGE PROGRAM, SECTION 12-23-6,
COMMERCIAL LINKAGE, METHODS OF MITIGATION, SECTION 12-24-6
INCLUSIONARY ZONING, VAIL TOWN CODE, TO AMEND THE DEED -
RESTRICTION EXCHANGE PROGRAM, COMMERCIAL LINKAGE, AND
INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, on June 3, 2008, the Vail Town Council directed the Community
Development Department to prepare amendments to the Vail Town Code to establish
an Employee Housing Unit (EHU) deed restriction exchange program;
WHEREAS, on July 26, 2016, the Vail Local Housing Authority of the Town of
Vail held a public meeting and reviewed and forwarded a recommendation of approval
to the Vail Town Council for the proposed text amendments to the Zoning Regulations;
WHEREAS, on August 8, 2016, the Planning and Environmental Commission of
the Town of Vail held a public hearing and reviewed and forwarded a recommendation
of approval to the Vail Town Council for the proposed text amendments to the Zoning
Regulations in accordance with the procedures and criteria and findings outlined in
Section 12-3-6 of the Vail Town Code;
WHEREAS, the Town Council finds and determines that the amendments are
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and are compatible with the development
objectives of the Town, based upon Section VII of the Staff memorandum to the
Planning and Environmental Commission dated August 8, 2016, and the evidence and
testimony presented;
WHEREAS, the Town Council finds and determines that the amendments further
the general and specific purposes of the Zoning Regulations, based upon Section VII of
the Staff memorandum to the Planning and Environmental Commission dated August 8,
2016, and the evidence and testimony presented; and
WHEREAS, the Town Council finds and determines that the amendments
promote the health, safety, morals, and general welfare of the Town and promote the
coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality, based upon Section VII of the Staff
memorandum dated August 8, 2016.
Ordinance No. 23, Series 2016
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-13-5, Employee Housing Deed Restriction Exchange
Program, of the Vail Town Code is hereby amended as follows (text to be deleted is in
strikethm io text that is, to be added is bold. Sections of text that are not amended
have been omitted.)
C. Definitions: For the purpose of this section:
PROPOSED EHU: The existing, non -deed restricted dwelling unit that is being
proposed to receive an employee housing deed restriction as part of this program.
D. General Requirements: The tTown eCouncil may approve the removal of an
employee housing deed restriction from an existing employee housing unit in
exchange for the placement of an employee housing deed restriction, and/or the
payment of a fee in lieu, as described in Paragraph 5 below.
5. Fee fi4 in Lieu: The applicant may O provide a fee in lieu payment to the
town of Vail for any fractional portion of the required square footage less than
438 square feet not provided by a proposed EHU, if the proposed EHU does
not fulfill the required amount of calculated square footage. The teWR s"
GRIP use moRies nollented from the foes in lies i to provide new employee hoi isino
The applicant shell nasi a fee in lies i equal to the felleWin`r formulas:
A. The Town Council at its sole discretion may accept fee in lieu payment
for the full required square footage only if the exchange EHU was
approved prior to July 22, 1994, and has a deed restriction that includes
the language stating "if the unit is rented, it shall be rented only to
tenants who are full time employees...".
B. The Fee in Lieu calculated amount shall be paid after approval of the
application by Town Council, but prior to recording of the deed
restriction release. The fee shall be based upon the current fee structure
in place at the time of approval. Early payment of the fee in lieu shall not
be accepted prior to approval. The approval for deed restriction release
shall sunset one year from the date of approval and any fees paid are
non-refundable.
C. The Town shall use monies collected from fees in lieu to provide
incremental new employee housing units.
Existing EHU square feet x multiplier x inclusionary zoning fee = fee in lieu
payment
Ordinance No. 23, Series 2016
2
E. Fees: The Jown eCouncil shall set an application fee schedule sufficient to cover
the cost of town staff time and other expenses incidental to the review of the
application. The fee shall be paid at the time of the application, and shall not be
refundable.
F. Review Process:
2. Review Procedures:
a. Administrator Review: The administrator shall review the application for
completeness and compliance with this section, and shall make a determination
of completeness and compliance with this section within fourteen (14) days of
application submittal. Should the administrator deem that the application is
incomplete or not in compliance with this section, the administrator shall deny
the application. Should the administrator deem the application is both complete
and in compliance with this section, the administrator shall forward the
application for review by the Vail tLocal hHousing a -Authority.
b. Vail Local Housing Authority Review: The review of a proposed employee
housing deed restriction exchange application shall be held by the Vail ILocal
Ordinance No. 23, Series 2016
3
hHousing aAuthority at a regularly scheduled meeting. A report of the
community development department staff's findings and recommendations
shall be made at the formal hearing before the Vail ILocal hHousing
aAuthority. Within twenty (20) days of the closing of a public hearing on a
proposed amendment, the Vail ILocal hHousing aAuthority shall act on the
application. The awtherity Vail Local Housing Authority may recommend
approval of the application as initiated, may recommend approval with such
modifications as it deems necessary to accomplish the purposes of this title, or
may recommend denial of the application. The aerity Vail Local Housing
Authority shall transmit its recommendation, together with a report on the
public hearing and its deliberations and findings, to the tTown eCouncil.
c. Town Council Review: Upon receipt of the report and recommendation of the
authority, the Jown eCouncil shall set a date for hearing within the following
thirty (30) days. Within twenty (20) days of the closing of a public hearing on the
application, the tTown eCouncil shall act on the application. The Jown
eCouncil shall consider but shall not be bound by the recommendation of the
Vail ILocal #Housing aAuthority. The Jown eCouncil may approve, either in
accordance with the recommendation of the Vail ILocal hHousing aAuthority
or in modified form, or the Jown eCouncil may deny the application.
d. Appeal: Administrator and Jown eCouncil decisions may be appealed in
accordance with the provisions in section 12-3-3, "Appeals", of this title.
3. Criteria and Findings:
a. Criteria: Before acting on an employee housing deed restriction exchange
application, the Vail ILocal hHousing aAuthority and Vail Jown eCouncil
shall consider the following criteria with respect to the application:
b. Necessary Findings: Before recommending and/or granting an approval of an
employee housing deed restriction exchange application, the Vail ILocal
-4Housing aAuthority and the Vail Jown eCouncil shall make the following
findings with respect to the application:
(Ord. 10(2011) §§ 1, 2, 3, 4: Ord. 31(2008) § 1)
Section 2. Section 12-23-6, Commercial Linkage, Methods of Mitigation, of the
Vail Town Code is hereby amended as follows (text to be deleted is in strikethreuo text
that is, to be added is bold. Sections of text that are not amended have been omitted.)
A. For all new construction (i.e., development that does not affect any existing
buildings or structures) and demo/rebuild projects that result in a mitigation
requirement of 1.25 employees or greater, no less than one-half (1/2) the
Ordinance No. 23, Series 2016
9
mitigation of employee housing required by this chapter shall be accomplished
with on site units.
4. Fees 44 in Lieu: An applicant may provide a payment of fees in lieu only for
any fractional remainder of the requirement generated under this chapter totaling
less than 1.2-5 employees.
5. Remaining Portion Of of Requirement: Any remaining portion of the
mitigation requirement not provided with on site units shall be provided in
accordance with subsection B of this section.
B. For all development projects except those mitigated by subsection A of this
section, the mitigation of employee housing required by this chapter shall be
accomplished through one, or any combination, of the methods further described
in this section. Unless otherwise regulated by this title, the choice of method(s)
used to mitigate the employee housing requirements of this chapter shall be at
the sole discretion of the applicant.
2. Conveyance Of Vacant Property On Site: An applicant may convey on site
real property to the Jown on which no covenants, restrictions or issues exist that
would limit the construction of EHUs, at the sole discretion of the Jown
eCouncil. This method does not mitigate the on site unit requirements of
subsection A of this section.
4. Payment Of of Fees In in Lieu:
d. The Jown shall eely use monies collected from fees in lieu only to provide
incremental new employee housing units.
e. An applicant may provide a payment of fees in lieu only for any
fractional remainder of the requirement generated under this chapter
totaling less than 1.0 employee.
5. Conveyance Of of Vacant Property Off Site: The tTown ECouncil may, at its
sole discretion, accept the conveyance of vacant property off site in lieu of
requiring the provision of EHUs, provided that no covenants, restrictions or
issues exist on such property that would limit the construction of EHUs. (Ord.
1(2008) § 24)
Section 3. Section 12-24-6, Inclusionary Zoning, Methods of Mitigation, of the
Vail Town Code is hereby amended as follows (text to be deleted is in strikethreuo text
that is, to be added is bold. Sections of text that are not amended have been omitted.)
A. For all new construction (i.e., development that does not affect any existing
buildings or structures) and demo/rebuild projects that result in a mitigation
Ordinance No. 23, Series 2016
5
requirement of four hundred thirty eight (438) square feet or greater, no less than
one-half (1/2) the mitigation of employee housing required by this chapter shall be
accomplished with on site units.
4. Fees fi4 in Lieu: An applicant may provide a payment of fees in lieu only for
any fractional remainder of the requirement generated under this chapter totaling
less than four hundred thirty eight (438) square feet of EHU floor area.
5. Remaining Portion Of of Requirement: Any remaining portion of the
mitigation requirement not provided with on site units n4ay shall be provided in
accordance with subsection B of this section.
C. For all development projects except those mitigated by subsection A of this
section, the mitigation of employee housing required by this chapter shall be
accomplished through one, or any combination, of the methods further described
in this section. Unless otherwise regulated by this title, the choice of method(s)
used to mitigate the employee housing requirements of this chapter shall be at
the sole discretion of the applicant.
2. Conveyance Of Vacant Property On Site: An applicant may convey on site
real property to the Jown on which no covenants, restrictions or issues exist that
would limit the construction of EHUs, at the sole discretion of the frown
sCouncil. This method does not mitigate the on site unit requirements of
subsection A of this section.
4. Payment Of of Fees fR in Lieu:
d. The Jown shall use monies collected from fees in lieu only to provide
incremental new employee housing units.
e. An applicant may provide a payment of fees in lieu only for any
fractional remainder of the requirement generated under this chapter
totaling less than four hundred thirty eight (438) square feet of EHU
floor area.
5. Conveyance Of of Vacant Property Off Site: The tTown ECouncil may, at its
sole discretion, accept the conveyance of vacant property off site in lieu of
requiring the provision of EHUs, provided that no covenants, restrictions or
issues exist on such property that would limit the construction of EHUs. (Ord.
1(2008) § 25)
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
Ordinance No. 23, Series 2016
n
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 6. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of September 2016 and
a public hearing for second reading of this Ordinance set for the 20th day of September,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 23, Series 2016
7
Dave Chapin, Mayor
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 20th day of September, 2016.
Dave Chapin, Mayor
Patty McKenny, Town Clerk
Ordinance No. 23, Series 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Patty McKenny, Town of Vail Town Clerk, do solemnly swear and affirm
that I published in full a true and correct copy of Ordinance No. 23 Series of
2016, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of
September, 2016.
Witness my hand and seal this 22nd day of September, 2016.
Pa Mc e y
To n
ORDINANCE NO. 23
SERIES 2016
AN ORDINANCE AMENDING SECTION 12-13-5, EMPLOYEE HOUSING
DEED RESTRICTION EXCHANGE PROGRAM, SECTION 12-23-6,
COMMERCIAL LINKAGE, METHODS OF MITIGATION, SECTION 12-24-6
INCLUSIONARY ZONING, VAIL TOWN CODE, TO AMEND THE DEED -
RESTRICTION EXCHANGE PROGRAM, COMMERCIAL LINKAGE, AND
INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, on June 3, 2008, the Vail Town Council directed the Community
Development Department to prepare amendments to the Vail Town Code to establish
an Employee Housing Unit (EHU) deed restriction exchange program;
WHEREAS, on July 26, 2016, the Vail Local Housing Authority of the Town of
Vail held a public meeting and reviewed and forwarded a recommendation of approval
to the Vail Town Council for the proposed text amendments to the Zoning Regulations;
WHEREAS, on August 8, 2016, the Planning and Environmental Commission of
the Town of Vail held a public hearing and reviewed and forwarded a recommendation
of approval to the Vail Town Council for the proposed text amendments to the Zoning
Regulations in accordance with the procedures and criteria and findings outlined in
Section 12-3-6 of the Vail Town Code;
WHEREAS, the Town Council finds and determines that the amendments are
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and are compatible with the development
objectives of the Town, based upon Section VII of the Staff memorandum to the
Planning and Environmental Commission dated August 8, 2016, and the evidence and
testimony presented;
WHEREAS, the Town Council finds and determines that the amendments further
the general and specific purposes of the Zoning Regulations, based upon Section VII of
the Staff memorandum to the Planning and Environmental Commission dated August 8,
2016, and the evidence and testimony presented; and
WHEREAS, the Town Council finds and determines that the amendments
promote the health, safety, morals, and general welfare of the Town and promote the
coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality, based upon Section VII of the Staff
memorandum dated August 8, 2016.
Ordinance No. 23, Series 2016
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-13-5, Employee Housing Deed Restriction Exchange
Program, of the Vail Town Code is hereby amended as follows (text to be deleted is in
text that is, to be added is bold. Sections of text that are not amended
have been omitted.)
C. Definitions: For the purpose of this section:
PROPOSED EHU: The existing, non -deed restricted dwelling unit that is being
proposed to receive an employee housing deed restriction as part of this program.
D. General Requirements: The tTown sCouncil may approve the removal of an
employee housing deed restriction from an existing employee housing unit in
exchange for the placement of an employee housing deed restriction, and/or the
payment of a fee in lieu, as described in Paragraph 5 below.
5. Fee In in Lieu: The applicant may eleGt to provide a fee in lieu payment to the
town of Vail for any fractional portion of the required square footage less than
438 square feet not provided by a proposed EHU, if the proposed EHU does
not fulfill the required amount of calculated square footage. The -taws -shalt
only use FFIGRies GelleGted kern the fees in lieu to pFevide new empleyee heusiRg.
The appliGaRt shall pay a fee OR lieu equal to the fQII9WiR9 form, das-
A. The Town Council at its sole discretion may accept fee in lieu payment
for the full required square footage only if the exchange EHU was
approved prior to July 22, 1994, and has a deed restriction that includes
the language stating "if the unit is rented, it shall be rented only to
tenants who are full time employees...".
B. The Fee in Lieu calculated amount shall be paid after approval of the
application by Town Council, but prior to recording of the deed
restriction release. The fee shall be based upon the current fee structure
in place at the time of approval. Early payment of the fee in lieu shall not
be accepted prior to approval. The approval for deed restriction release
shall sunset one year from the date of approval and any fees paid are
non-refundable.
C. The Town shall use monies collected from fees in lieu to provide
incremental new employee housing units.
Existing EHU square feet x multiplier x inclusionary zoning fee = fee in lieu
payment
Ordinance No. 23. Series 2016
2
2 - dem 3=M". = 10
WMI
.11111 .0110 1 A
E. Fees: The frown sCouncil shall set an application fee schedule sufficient to cover
the cost of town staff time and other expenses incidental to the review of the
application. The fee shall be paid at the time of the application, and shall not be
refundable.
F. Review Process:
2. Review Procedures:
a. Administrator Review: The administrator shall review the application for
completeness and compliance with this section, and shall make a determination
of completeness and compliance with this section within fourteen (14) days of
application submittal. Should the administrator deem that the application is
incomplete or not in compliance with this section, the administrator shall deny
the application. Should the administrator deem the application is both complete
and in compliance with this section, the administrator shall forward the
application for review by the Vail (Local Mousing aAuthority.
b. Vail Local Housing Authority Review: The review of a proposed employee
housing deed restriction exchange application shall be held by the Vail tLocal
Ordinance No. 23, Series 2016
3
#Housing aAuthority at a regularly scheduled meeting. A report of the
community development department staffs findings and recommendations
shall be made at the formal hearing before the Vail I•Local #Housing
aAuthority. Within twenty (20) days of the closing of a public hearing on a
proposed amendment, the Vail (Local #Housing aAuthority shall act on the
application. The autheFity Vail Local Housing Authority may recommend
approval of the application as initiated, may recommend approval with such
modifications as it deems necessary to accomplish the purposes of this title, or
may recommend denial of the application. The autheFityVail Local Housing
Authority shall transmit its recommendation, together with a report on the
public hearing and its deliberations and findings, to the Jown sCouncil.
c. Town Council Review: Upon receipt of the report and recommendation of the
authority, the Jown sCouncil shall set a date for hearing within the following
thirty (30) days. Within twenty (20) days of the closing of a public hearing on the
application, the Jown sCouncil shall act on the application. The Jown
eCouncil shall consider but shall not be bound by the recommendation of the
Vail I•Local #Housing aAuthority. The Jown sCouncil may approve, either in
accordance with the recommendation of the Vail tLocal #Housing aAuthority
or in modified form, or the Jown sCouncil may deny the application.
d. Appeal: Administrator and Jown sCouncil decisions may be appealed in
accordance with the provisions in section 12-3-3, "Appeals", of this title.
3. Criteria and Findings:
a. Criteria: Before acting on an employee housing deed restriction exchange
application, the Vail (Local #Housing aAuthority and Vail Jown sCouncil
shall consider the following criteria with respect to the application:
b. Necessary Findings: Before recommending and/or granting an approval of an
employee housing deed restriction exchange application, the Vail I•Local
#Housing aAuthority and the Vail Jown sCouncil shall make the following
findings with respect to the application:
(Ord. 10(2011) §§ 1, 2, 3, 4: Ord. 31(2008) § 1)
Section 2. Section 12-23-6, Commercial Linkage, Methods of Mitigation, of the
Vail Town Code is hereby amended as follows (text to be deleted is in str-+kethFeugh text
that is, to be added is bold. Sections of text that are not amended have been omitted.)
A. For all new construction (i.e., development that does not affect any existing
buildings or structures) and demo/rebuild projects that result in a mitigation
requirement of 1.25 employees or greater, no less than one-half (1/2) the
Ordinance No. 23. Series 2016
4
mitigation of employee housing required by this chapter shall be accomplished
with on site units.
4. Fees 44 in Lieu: An applicant may provide a payment of fees in lieu only for
any fractional remainder of the requirement generated under this chapter totaling
less than 1.25 employees.
5. Remaining Portion Of of Requirement: Any remaining portion of the
mitigation requirement not provided with on site units shall be provided in
accordance with subsection B of this section.
B. For all development projects except those mitigated by subsection A of this
section, the mitigation of employee housing required by this chapter shall be
accomplished through one, or any combination, of the methods further described
in this section. Unless otherwise regulated by this title, the choice of method(s)
used to mitigate the employee housing requirements of this chapter shall be at
the sole discretion of the applicant.
2. Conveyance Of Vacant Property On Site: An applicant may convey on site
real property to the Jown on which no covenants, restrictions or issues exist that
would limit the construction of EHUs, at the sole discretion of the Jown
eCouncil. This method does not mitigate the on site unit requirements of
subsection A of this section.
4. Payment Of of Fees 44 in Lieu:
d. The tTown shall eaty use monies collected from fees in lieu only to provide
incremental new employee housing units.
e. An applicant may provide a payment of fees in lieu only for any
fractional remainder of the requirement generated under this chapter
totaling less than 1.0 employees.
5. Conveyance Of of Vacant Property Off Site: The Jown sCouncil may, at its
sole discretion, accept the conveyance of vacant property off site in lieu of
requiring the provision of EHUs, provided that no covenants, restrictions or
issues exist on such property that would limit the construction of EHUs. (Ord.
1(2008) § 24)
Section 3. Section 12-24-6, Inclusionary Zoning, Methods of Mitigation, of the
Vail Town Code is hereby amended as follows (text to be deleted is in 6tFikethFeugh text
that is, to be added is bold. Sections of text that are not amended have been omitted.)
A. For all new construction (i.e., development that does not affect any existing
buildings or structures) and demo/rebuild projects that result in a mitigation
Ordinance No. 23, Series 2016
5
requirement of four hundred thirty eight (438) square feet or greater, no less than
one-half (1/2) the mitigation of employee housing required by this chapter shall be
accomplished with on site units.
4. Fees fa in Lieu: An applicant may provide a payment of fees in lieu only for
any fractional remainder of the requirement generated under this chapter totaling
less than four hundred thirty eight (438) square feet of EHU floor area.
5. Remaining Portion Of of Requirement: Any remaining portion of the
mitigation requirement not provided with on site units f shall be provided in
accordance with subsection B of this section.
C. For all development projects except those mitigated by subsection A of this
section, the mitigation of employee housing required by this chapter shall be
accomplished through one, or any combination, of the methods further described
in this section. Unless otherwise regulated by this title, the choice of method(s)
used to mitigate the employee housing requirements of this chapter shall be at
the sole discretion of the applicant.
2. Conveyance Of Vacant Property On Site: An applicant may convey on site
real property to the Jown on which no covenants, restrictions or issues exist that
would limit the construction of EHUs, at the sole discretion of the Jown
sCouncil. This method does not mitigate the on site unit requirements of
subsection A of this section.
4. Payment Of of Fees 4R in Lieu:
d. The frown shall G* use monies collected from fees in lieu only to provide
incremental new employee housing units.
e. An applicant may provide a payment of fees in lieu only for any
fractional remainder of the requirement generated under this chapter
totaling less than four hundred thirty eight (438) square feet of EHU
floor area.
5. Conveyance Of of Vacant Property Off Site: The frown sCouncil may, at its
sole discretion, accept the conveyance of vacant property off site in lieu of
requiring the provision of EHUs, provided that no covenants, restrictions or
issues exist on such property that would limit the construction of EHUs. (Ord.
1(2008) § 25)
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
Ordinance No, 23, Series 2016
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 6. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of September 2016 and
a public hearing for second reading of this Ordinance set for the 20th day of September,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 23, Series 2016
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 20th day of September, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 23, Series 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 24 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 7t" day of
September, 2016.
Witness my hand and seal this 7t" day of September, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 24
SERIES 2016
AN ORDINANCE AMENDING SECTIONS 2-2-1, 2-2-2, 2-2-3, 2-2-4, 2-2-
5, 2-2-6, 2-2-7, 2-2-8 AND 2-2-9 OF THE VAIL TOWN CODE TO
UPDATE THE INVESTMENT POLICY FOR THE TOWN OF VAIL
WHEREAS, the Town Code is currently outdated regarding FDIC insurance
limits and organizational titles and
WHEREAS, the Town Council would like to expand the definition of suitable and
authorized investments and
WHEREAS, in an effort to clarify the Town's investment purpose and objective
statements, the Town Council desires to amend the Town Code effective October 1,
2016 to include the revisions stated below
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The "Statement of Purpose" as outlined in Section 2-2-1 of the Vail
Town Code is hereby amended to read as follows:
2-2-1: STATEMENT OF PURPOSE:
The purpose of this Investment Policy is to establish the investment scope, objectives,
delegation of authority, standards of prudence, reporting requirements, internal controls,
eligible investments and transactions, diversification requirements, risk tolerance, and
safekeeping and custodial procedures for the investment of the funds of the Town of
Vail, Colorado (hereby referred to as the "Town"). The investment policy of the Vail Town
Council for the Town of Vail represents the financial boundaries within which its cash
management process will operate. (Ord. 3(1997) § 1)
Section 2. The "Scope" as outlined in Section 2-2-2 of the Vail Town Code is
hereby amended to read as follows -
2 -2-2: SCOPE:
The investment policy applies to all financial funds of the Town, except the Pension
Trust Fund. (Ord. 3(1997) § 1)
1 Ordinance 24, 2016
Section 3. Subpart (A, B and C) of Section 2-2-3 of the Vail Town Code is
hereby amended to read as follows:
2-2-3: OBJECTIVE:
The primary objectives, in priority of order, of investment activities shall be:
A. Safety: Safety of principal is the foremost objective of the investment program. Investments
shall be undertaken in a manner that seeks to ensure the preservation of capital in the
overall portfolio. The objective will be to mitigate credit risk and interest rate risk.
1. Credit Risk: Credit risk is the risk of loss due to the failure of the security issuer or
backer. Credit risk may be mitigated by restricting the types of securities which may be
purchased, their credit ratings, and through diversification to reduce exposure to any one
security type or issuer.
2. Interest Rate Risk: Interest rate risk is the risk that the market value of securities in the
portfolio will fall due to changes in general interest rates. Interest rate risk may be
mitigated by holding most investments to their maturity date, by limiting the types and
maturities of permitted securities and, when feasible, by selecting maturities of
investments to coincide with large cash outflows.
B. Liquidity: The investment portfolio shall remain sufficiently liquid to meet all operating
requirements that may be reasonably anticipated. This is accomplished by structuring the
portfolio so that securities mature concurrent with cash needs to meet anticipated demands
(static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the
portfolio should consist largely of securities with active secondary or resale markets
(dynamic liquidity).
C. Yield: After the objectives of safety and liquidity are met, the investment portfolio shall be
managed with the objective of attaining a market rate of return throughout interest rate
cycles.
1. The core of investments are limited to relatively low risk securities in anticipation of
earning a fair return relative to the risk being assumed.
2. Speculative investments will not be allowed. Speculative investments are those attempting to
gain market premium appreciation through short term market volatility resulting in increased risk
and loss exposure. The Town will not purchase a security which cannot be held to maturity. This
does not mean an investment cannot be sold prior to maturity. (Ord. 3(1997) § 1)
Section 4. Subpart (C.2 and C.3) of Section 2-2-4 of the Town Code is hereby
amended to clarify organizational titles to read as follows:
2-2-4: STANDARDS OF CARE:
C. Delegation Of Authority:
2 Ordinance 24, 2016
2. There is hereby created an Investment Committee, consisting of the Town Manager,
Finance Director, and the Finance Controller or such comparable positions as may exist
from time to time. Members of the Committee will meet at least quarterly to determine
general strategies and to monitor results. Minutes of the decisions made by the
Investment Committee shall be kept on file in the Town Clerk's office. The Committee
shall include in its review and deliberations such topics as: potential risks, authorized
depositories, rate of return, maturity structure and investment transactions.
3. It shall be the duty of the Finance Director or his/her appointed designee to manage the
day-to-day operations of the portfolio, and place actual purchase/sell orders with institutions.
In the absence of the Finance Director, an appointed designee shall assume these duties.
The Finance Director or his/her appointed designee shall maintain internal procedures for
investing which provide appropriate investment and accounting controls and which shall be
available for review annually by the independent auditor.
Section 5. Subsection (A) of Section 2-2-5 of the Town Code is hereby
amended to read as follows:
2-2-5: SAFEKEEPING AND CUSTODY:
A. Authorized Financial Dealer And Institution:
Qualified banks can only be commercial banks and the Town's investment with the bank may be in
excess of two hundred and fifty thousand dollars ($250,000.00) or whatever amount is currently
insured by the FDIC. The Town's Finance Director or his/her appointed designee shall obtain and
review whatever documents are necessary to verify the bank's continued stability including the
monthly listing of securities pledged for collateralization to monitor the bank's collateralization of
Town deposits.
2. Nonqualified banks can be either commercial banks or savings and loans or savings banks and the
Town's investment with the bank will not be in excess of two hundred and fifty thousand dollars
($250,000.00) or whatever amount is currently insured by the FDIC. The Finance Director or his/her
appointed designee shall inquire with bank officials and/or review an independent bank evaluation to
determine the bank meets the standard selection criteria established by the Investment Committee.
3. The Town has selected a primary bank, which bank the Town uses to process daily deposits and
checks. It is the responsibility of the Investment Committee to determine that the bank continues to
meet the Committee's standard selection criteria. At the discretion of the Investment Committee,
whether the bank continues to meet the criteria or not, a new bank may be selected as the primary
bank. A formal request for proposal should be used in the selection process.
4. The Town shall maintain a list of banks and securities dealers approved for securities transactions
initiated by the town, and it shall be the policy of the town to purchase securities only from those
authorized firms. Securities dealers not affiliated with a bank shall be required to be classified as
reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers.
Broker/dealers which are not primary dealers may be used if they have been approved by the
Investment Committee. The Investment committee shall develop and document the methodology for
qualifying non -primary broker/dealers.
3 Ordinance 24, 2016
Section 6. Subsection (B) of Section 2-2-5 of the Town Code is hereby
amended to read as follows:
2-2-5: SAFEKEEPING AND CUSTODY:
B. Internal Controls:
The Finance Director is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal
control structure shall be designed to provide reasonable assurance that these objectives are met.
The concept of reasonable assurance recognizes that: a) the cost of a control should not exceed the
benefits likely to be derived; and b) the valuation of costs and benefits requires estimates and
judgments by management.
2. Accordingly, the Finance Director shall establish a process for annual independent review by an
external auditor to assure compliance with policies and procedures. The internal controls shall
address the following points:
a. Control Of Collusion: Collusion is a situation where two (2) or more employees are working in
conjunction to defraud their employer.
b. Separation Of Transaction Authority From Accounting And Record Keeping: By separating the
person who authorizes or performs the transaction from the people who record or otherwise account
for the transaction, a separation of duties is achieved.
c. Custodial Safekeeping: Securities purchased from any bank or dealer shall be placed with an
independent third party designated as primary agent for custodial safekeeping. The primary agent
shall issue a safekeeping receipt to the Town listing the specific instrument, rate, maturity, and other
information. Securities may be purchased from the primary agent's brokerage department and
safekept by the same bank's trust department.
d. Avoidance Of Physical Delivery Securities: Book entry securities are much easier to transfer and
account for since actual delivery of a document never takes place. Delivered securities must be
properly safeguarded against loss or destruction. The potential for fraud and loss increases with
physically delivered securities.
e. Clear Designation Of Authority To Subordinate Staff Members: Subordinate staff members must
have a clear understanding of their authority and responsibilities to avoid improper actions. Clear
delegation of authority also preserves the internal control structure that is contingent on the various
staff positions and their respective responsibilities.
f. Written Confirmation Of Telephone Transactions For Investments And Wire Transfers: Due to the
potential for error and improprieties arising from telephone transactions, all telephone transactions
should be supported by written communications and approved by the appropriate person. Written
communications may be via email, fax if on letterhead and the safekeeping institution has a list of
authorized signatures.
4 Ordinance 24, 2016
Section 7. Subsection (A) of Section 2-2-6 of the Town Code is hereby
amended to read as follows:
2-2-6: SUITABLE AND AUTHORIZED INVESTMENTS:
A. Types Of Accounts Or Securities: The Town shall invest in the following accounts, or securities:
1. Fully collateralized or insured interest bearing checking accounts, savings accounts, and certificates
of deposit at commercial banks with amount not to exceed two hundred and fifty thousand dollars
($250,000.00) or the current FDIC limit if the bank is not designated as a qualified institution by the
Investment Committee.
A commercial bank may use any securities authorized by the Public Deposit Protection Act as
collateral.
2. Certificates of deposit at savings and loan associations insured by the FDIC or other agency of the
Federal government with amount not to exceed two hundred fifty thousand dollars ($250,000.00) or
the current FDIC limit.
Deposits with savings banks insured by the FDIC with amount not to exceed two hundred fifty
thousand dollars ($250,000.00) or the current FDIC limit.
8. Taxable Municipal Securities: Taxable obligations of political and governmental subdivisions may
be purchased. The issue must be rated at least `AA' by a nationally recognized security rating
organization.
Section 8. Subsection (13.4) of Section 2-2-6 of the Town Code is hereby
amended to read as follows:
2-2-6: SUITABLE AND AUTHORIZED INVESTMENTS:
B. Criteria For Choice:
4. It is the responsibility of the Finance Director to demonstrate compliance with this Section. A
"local institution" is defined as a bank or savings and loan association doing business inside the
corporate limits of the Town of Vail and/or Eagle County.
Section 9. Subsection (C) of Section 2-2-6 of the Town Code is hereby
amended to read as follows:
2-2-6: SUITABLE AND AUTHORIZED INVESTMENTS:
C. Interest Allocation Method: All investments will be in the name of the Town and in most
cases it will be a general policy of the Town to pool all available operating cash into a treasury
cash management investment portfolio. However, a specific investment purchased by a specific
5 Ordinance 24, 2016
fund shall incur all earnings and expenses to that particular fund. Interest earnings from pooled
funds shall be allocated to all participating funds based on the average monthly cash balance of
each fund included in the common portfolio for the earning period.
Section 10. Subsection (A) of Section 2-2-7 of the Town Code is hereby
amended to read as follows:
2-2-7: INVESTMENT PARAMETERS:
A. Portfolio Diversification:
1. The Town will diversify use of investment instruments to avoid incurring unreasonable risks inherent
in overinvesting in specific instruments, and individual financial institutions.
ximum
ent of
Portfolio
Diversification By Instrument:
Money market and interest
500,6
bearing checking accounts
with commercial banks
Money market funds
50%
U.S. Treasury obligations
100%
(Bills, notes and bonds)
U.S. government agency
100%
securities
(per subsection 2-2-6A3a)
U.S. government agency
25%
securities
(per subsection 2-2-6A3b(1))
Taxable Municipal Securities
20%
Repurchase agreements
75%
Certificate of deposit
100%
commercial banks or
savings banks
-certificate of deposit savings 25% A
r.
6 Ordinance 24, 2016
land loan association
Local government investment100%
Diversification By Financial Institution:
Repurchase agreements
No more than 50% of the total investment
portfolio shall be secured in repos with
any one institution.
Certificates of deposit _ commercial banks
No more than 20% of the total investment
portfolio shall be secured in any one
commercial bank's CDs.
Section 11. Subsection (A) of Section 2-2-8 of the Town Code is hereby
amended to read as follows:
2-2-8: REPORTING:
A. Methods: The Finance Director or his/her appointed designee will submit a quarterly investment
report which discloses investments on the last day of the quarter. This report will be distributed to
the Town Manager and Town Council members. The Finance Director or designee will present at
least annually the investment report to the Town Council.
Section 12. Subsection (D) of Section 2-2-8 of the Town Code is hereby
amended to read as follows:
2-2-8: REPORTING:
D. Monitoring And Adjusting Portfolio: The Finance Director or his/her appointed designee will
routinely monitor the contents of the portfolio, the available markets and the relative values of
competing instruments, and will adjust the portfolio accordingly. (Ord. 3(1997) § 1)
Section 13. Subsection (B) of Section 2-2-9 of the Town Code is hereby
amended to read as follows:
2-2-9: POLICY:
7 Ordinance 24, 2016
B. Policy Review: The investment policy shall be reviewed annually by the Investment Committee. A
recommendation will be made periodically to the Town Council for any proposed changes to the
investment policy. (Ord. 3(1997) § 1)
Section 14. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 15. The 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 16. 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 17. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of September, 2016
and a public hearing for second reading of this Ordinance set for the 20th day of
September, 2016, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
ATTEST:
Patty McKenny, Town Clerk
Dave Chapin, Mayor
8 Ordinance 24, 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Patty McKenny, Town of Vail Town Clerk, do solemnly swear and affirm
that I published in full a true and correct copy of Ordinance No. 24 Series of
2016, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of
September, 2016.
Witness my hand and seal this 22nd day of September, 2016.
Pa Mc enn
Towh-Cle k
ORDINANCE NO. 24
SERIES 2016
AN ORDINANCE AMENDING SECTIONS 2-2-1, 2-2-2, 2-2-3, 2-2-4, 2-2-
5, 2-2-6, 2-2-7, 2-2-8 AND 2-2-9 OF THE VAIL TOWN CODE TO
UPDATE THE INVESTMENT POLICY FOR THE TOWN OF VAIL
WHEREAS, the Town Code is currently outdated regarding FDIC insurance
limits and organizational titles and
WHEREAS, the Town Council would like to expand the definition of suitable and
authorized investments and
WHEREAS, in an effort to clarify the Town's investment purpose and objective
statements, the Town Council desires to amend the Town Code effective October 1,
2016 to include the revisions stated below
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The "Statement of Purpose" as outlined in Section 2-2-1 of the Vail
Town Code is hereby amended to read as follows:
2-2-1: STATEMENT OF PURPOSE:
The purpose of this Investment Policy is to establish the investment scope, objectives,
delegation of authority, standards of prudence, reporting requirements, internal controls,
eligible investments and transactions, diversification requirements, risk tolerance, and
safekeeping and custodial procedures for the investment of the funds of the Town of
Vail, Colorado (hereby referred to as the "Town"). The investment policy of the Vail Town
Council for the Town of Vail represents the financial boundaries within which its cash
management process will operate. (Ord. 3(1997) § 1)
Section 2. The "Scope" as outlined in Section 2-2-2 of the Vail Town Code is
hereby amended to read as follows:
2-2-2: SCOPE:
The investment policy applies to all financial funds of the Town, except the Pension
Trust Fund. (Ord. 3(1997) § 1)
Ordinance 24, 2016
Section 3. Subpart (A, B and C) of Section 2-2-3 of the Vail Town Code is
hereby amended to read as follows:
2-2-3: OBJECTIVE:
The primary objectives, in priority of order, of investment activities shall be:
A. Safety: Safety of principal is the foremost objective of the investment program. Investments
shall be undertaken in a manner that seeks to ensure the preservation of capital in the
overall portfolio. The objective will be to mitigate credit risk and interest rate risk.
1. Credit Risk: Credit risk is the risk of loss due to the failure of the security issuer or
backer. Credit risk may be mitigated by restricting the types of securities which may be
purchased, their credit ratings, and through diversification to reduce exposure to any one
security type or issuer.
2. Interest Rate Risk: Interest rate risk is the risk that the market value of securities in the
portfolio will fall due to changes in general interest rates. Interest rate risk may be
mitigated by holding most investments to their maturity date, by limiting the types and
maturities of permitted securities and, when feasible, by selecting maturities of
investments to coincide with large cash outflows.
B. Liquidity: The investment portfolio shall remain sufficiently liquid to meet all operating
requirements that may be reasonably anticipated. This is accomplished by structuring the
portfolio so that securities mature concurrent with cash needs to meet anticipated demands
(static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the
portfolio should consist largely of securities with active secondary or resale markets
(dynamic liquidity).
C. Yield: After the objectives of safety and liquidity are met, the investment portfolio shall be
managed with the objective of attaining a market rate of return throughout interest rate
cycles.
1. The core of investments are limited to relatively low risk securities in anticipation of
earning a fair return relative to the risk being assumed.
2. Speculative investments will not be allowed. Speculative investments are those attempting to
gain market premium appreciation through short term market volatility resulting in increased risk
and loss exposure. The Town will not purchase a security which cannot be held to maturity. This
does not mean an investment cannot be sold prior to maturity. (Ord. 3(1997) § 1)
Section 4. Subpart (C.2 and C.3) of Section 2-2-4 of the Town Code is hereby
amended to clarify organizational titles to read as follows:
2-2-4: STANDARDS OF CARE:
C. Delegation Of Authority:
2 Ordinance 24, 2016
2. There is hereby created an Investment Committee, consisting of the Town Manager,
Finance Director, and the Finance Controller or such comparable positions as may exist
from time to time. Members of the Committee will meet at least quarterly to determine
general strategies and to monitor results. Minutes of the decisions made by the
Investment Committee shall be kept on file in the Town Clerk's office. The Committee
shall include in its review and deliberations such topics as: potential risks, authorized
depositories, rate of return, maturity structure and investment transactions.
3. It shall be the duty of the Finance Director or his/her appointed designee to manage the
day-to-day operations of the portfolio, and place actual purchase/sell orders with institutions.
In the absence of the Finance Director, an appointed designee shall assume these duties.
The Finance Director or his/her appointed designee shall maintain internal procedures for
investing which provide appropriate investment and accounting controls and which shall be
available for review annually by the independent auditor.
Section 5. Subsection (A) of Section 2-2-5 of the Town Code is hereby
amended to read as follows:
2-2-5: SAFEKEEPING AND CUSTODY:
A. Authorized Financial Dealer And Institution:
Qualified banks can only be commercial banks and the Town's investment with the bank may be in
excess of two hundred and fifty thousand dollars ($250,000.00) or whatever amount is currently
insured by the FDIC. The Town's Finance Director or his/her appointed designee shall obtain and
review whatever documents are necessary to verify the bank's continued stability including the
monthly listing of securities pledged for collateralization to monitor the bank's collateralization of
Town deposits.
2. Nonqualified banks can be either commercial banks or savings and loans or savings banks and the
Town's investment with the bank will not be in excess of two hundred and fifty thousand dollars
($250,000.00) or whatever amount is currently insured by the FDIC. The Finance Director or his/her
appointed designee shall inquire with bank officials and/or review an independent bank evaluation to
determine the bank meets the standard selection criteria established by the Investment Committee.
3. The Town has selected a primary bank, which bank the Town uses to process daily deposits and
checks. It is the responsibility of the Investment Committee to determine that the bank continues to
meet the Committee's standard selection criteria. At the discretion of the Investment Committee,
whether the bank continues to meet the criteria or not, a new bank may be selected as the primary
bank. A formal request for proposal should be used in the selection process.
4. The Town shall maintain a list of banks and securities dealers approved for securities transactions
initiated by the town, and it shall be the policy of the town to purchase securities only from those
authorized firms. Securities dealers not affiliated with a bank shall be required to be classified as
reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers.
Broker/dealers which are not primary dealers may be used if they have been approved by the
Investment Committee. The Investment committee shall develop and document the methodology for
qualifying non -primary broker/dealers.
3 Ordinance 24, 2016
Section 6. Subsection (B) of Section 2-2-5 of the Town Code is hereby
amended to read as follows:
2-2-5: SAFEKEEPING AND CUSTODY:
B. Internal Controls:
The Finance Director is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal
control structure shall be designed to provide reasonable assurance that these objectives are met.
The concept of reasonable assurance recognizes that: a) the cost of a control should not exceed the
benefits likely to be derived; and b) the valuation of costs and benefits requires estimates and
judgments by management.
2. Accordingly, the Finance Director shall establish a process for annual independent review by an
external auditor to assure compliance with policies and procedures. The internal controls shall
address the following points:
a. Control Of Collusion: Collusion is a situation where two (2) or more employees are working in
conjunction to defraud their employer.
b. Separation Of Transaction Authority From Accounting And Record Keeping: By separating the
person who authorizes or performs the transaction from the people who record or otherwise account
for the transaction, a separation of duties is achieved.
c. Custodial Safekeeping: Securities purchased from any bank or dealer shall be placed with an
independent third party designated as primary agent for custodial safekeeping. The primary agent
shall issue a safekeeping receipt to the Town listing the specific instrument, rate, maturity, and other
information. Securities may be purchased from the primary agent's brokerage department and
safekept by the same bank's trust department.
d. Avoidance Of Physical Delivery Securities: Book entry securities are much easier to transfer and
account for since actual delivery of a document never takes place. Delivered securities must be
properly safeguarded against loss or destruction. The potential for fraud and loss increases with
physically delivered securities.
e. Clear Designation Of Authority To Subordinate Staff Members: Subordinate staff members must
have a clear understanding of their authority and responsibilities to avoid improper actions. Clear
delegation of authority also preserves the internal control structure that is contingent on the various
staff positions and their respective responsibilities.
f. Written Confirmation Of Telephone Transactions For Investments And Wire Transfers: Due to the
potential for error and improprieties arising from telephone transactions, all telephone transactions
should be supported by written communications and approved by the appropriate person. Written
communications may be via email, fax if on letterhead and the safekeeping institution has a list of
authorized signatures.
4 Ordinance 24, 2016
Section 7. Subsection (A) of Section 2-2-6 of the Town Code is hereby
amended to read as follows:
2-2-6: SUITABLE AND AUTHORIZED INVESTMENTS:
A. Types Of Accounts Or Securities: The Town shall invest in the following accounts, or securities:
1. Fully collateralized or insured interest bearing checking accounts, savings accounts, and certificates
of deposit at commercial banks with amount not to exceed two hundred and fifty thousand dollars
($250,000.00) or the current FDIC limit if the bank is not designated as a qualified institution by the
Investment Committee.
A commercial bank may use any securities authorized by the Public Deposit Protection Act as
collateral.
2. Certificates of deposit at savings and loan associations insured by the FDIC or other agency of the
Federal government with amount not to exceed two hundred fifty thousand dollars ($250,000.00) or
the current FDIC limit.
Deposits with savings banks insured by the FDIC with amount not to exceed two hundred fifty
thousand dollars ($250,000.00) or the current FDIC limit.
7. (Eliminated from the town's Investment Policy): Rep "^hale agFeernents with either qualified
shall be aveoded. The seGUFities used as GGIlateFal shall be safekept on aGGE)FdanGe with SeGtien
"Safekeeping and Custody" of this GhapteF.
8. Taxable Municipal Securities: Taxable obligations of political and governmental subdivisions may
be purchased. The issue must be rated at least'AA' by a nationally recognized security rating
organization.
Section 8. Subsection (13.4) of Section 2-2-6 of the Town Code is hereby
amended to read as follows:
2-2-6: SUITABLE AND AUTHORIZED INVESTMENTS:
B. Criteria For Choice:
4. It is the responsibility of the Finance Director to demonstrate compliance with this Section. A
"local institution" is defined as a bank or savings and loan association doing business inside the
corporate limits of the Town of Vail and/or Eagle County.
Section 9. Subsection (C) of Section 2-2-6 of the Town Code is hereby
amended to read as follows:
5 Ordinance 24, 2016
2-2-6: SUITABLE AND AUTHORIZED INVESTMENTS:
C. Interest Allocation Method: All investments will be in the name of the Town and in most
cases it will be a general policy of the Town to pool all available operating cash into a treasury
cash management investment portfolio. However, a specific investment purchased by a specific
fund shall incur all earnings and expenses to that particular fund. Interest earnings from pooled
funds shall be allocated to all participating funds based on the average monthly cash balance of
each fund included in the common portfolio for the earning period.
Section 10. Subsection (A) of Section 2-2-7 of the Town Code is hereby
amended to read as follows:
2-2-7: INVESTMENT PARAMETERS:
A. Portfolio Diversification:
1. The Town will diversify use of investment instruments to avoid incurring unreasonable risks inherent
in overinvesting in specific instruments, and individual financial institutions.
Maximum
Percent of
Portfolio
Diversification By Instrument:
Money market and interest
50%
bearing checking accounts
25%
with commercial banks
Money market funds
50%
]U.S. Treasury obligations
— Ivan, ,rnh.;ce agreements
100%
(Bills, notes and bonds)
100%
commercial banks or
U.S. government agency
X00%
securities
(per subsection 2-2-6A3a)
U.S. government agency
25%
securities
(per subsection 2-2-6A3b(1))
�ITaxable Municipal Securities
20%
— Ivan, ,rnh.;ce agreements
7_
Certificate of deposit
100%
commercial banks or
savings banks
certificate of deposit savings
25%
and loan association
6 Ordinance 24, 2016
Local government investment 100%
pool
Diversification By Financial Institution:
Repurchase agreements
No more than 50% of the total investment
portfolio shall be secured in repos with
any one institution.
'Certificates of deposit _ commercial banks
No more than 20% of the total investment
portfolio shall be secured in any one
commercial bank's CDs. N
Section'! 1. Subsection (A) of Section 2-2-8 of the Town Code is hereby
amended to read as follows:
2-2-8: REPORTING:
A. Methods: The Finance Director or his/her appointed designee will submit a quarterly investment
report which discloses investments on the last day of the quarter. This report will be distributed to
the Town Manager and Town Council members. The Finance Director or designee will present at
least annually the investment report to the Town Council.
Section12. Subsection (D) of Section 2-2-8 of the Town Code is hereby
amended to read as follows:
2-2-8: REPORTING:
D. Monitoring And Adjusting Portfolio: The Finance Director or his/her appointed designee will
routinely monitor the contents of the portfolio, the available markets and the relative values of
competing instruments, and will adjust the portfolio accordingly. (Ord. 3(1997) § 1)
Section 13. Subsection (B) of Section 2-2-9 of the Town Code is hereby
amended to read as follows:
2-2-9: POLICY:
B. Policy Review: The investment policy shall be reviewed annually by the Investment Committee. A
recommendation will be made periodically to the Town Council for any proposed changes to the
investment policy. (Ord. 3(1997) § 1)
Section 14. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
7 Ordinance 24, 2016
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 15. 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 16. 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 17. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of September, 2016
and a public hearing for second reading of this Ordinance set for the 20th day of
September, 2016, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN
FULL this 20th day of September 2016.
ATTEST:
Patty McKenny, Town Clerk
Dave Chapin, Mayor
8 Ordinance 24, 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 25 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 7t" day of
September, 2016.
Witness my hand and seal this 7t" day of September, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 25
SERIES 2016
AN ORDINANCE AMENDING SECTIONS 10-1-2,10-1-3 AND 14-10-15 OF THE VAIL
TOWN CODE TO ENHANCE WILDLAND FIRE RESISTANT BUILDING PRACTICES
WHEREAS, the Vail Town Council wishes to enhance wildland fire resistant
building practices.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 10-1-2 of the Vail Town Code is hereby amended as
follows:
Sec. 10-1-2: Amendments to Building Code.
The following amendments are hereby made to the International Building
Code, 2015 edition:
Section 1505.1 - General: Delete the last sentence referring to minimum
roof coverings in its entirety and shall be replaced with the following text:
Roof coverings and roof assemblies shall be class A roof coverings or
class A roof assemblies for all structures. Wood shingles and shake
coverings or assemblies are prohibited except where exempted for
replacement or repair as defined below. Where the roof profile allows
space between the roof covering and the roof decking at the eve ends, the
spaces shall be constructed to prevent intrusion of flames and embers, be
fire -stopped with approved materials, or have one layer of 72 pound (32.4
kq) mineral -surfaced non -perforated cap sheet complying with ASTM
D3909 installed over the combustible decking.
Replacement or repair: Each structure with a nonconforming roof covering
or assembly will be allowed one (1) replacement or repair of twenty five
percent (25%) or less of the roof area. Replacement or repair greater than
twenty five percent (25%) or a second replacement or repair of the roof
shall trigger replacement of the nonconforming roof covering or assembly
with a conforming roof covering or assembly in its entirety. For the
purposes of this Section, a two-family dwelling shall be considered two
structures with each dwelling allowed one (1) replacement or repair of
twenty five percent (25%) or less of the dwelling unit's roof area.
Emergency repairs of less than 10 square feet shall not be considered
toward the 25% threshold.
9/7/2016
IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT
BUILDING PRACTICES.DOCX
Emergency repairs of less than 10 square feet shall not be considered
toward the 25% threshold.
Section 2. Section 10-1-3 of the Vail Town Code is hereby amended as
follows:
Sec. 10-1-3: Amendments to Residential Code.
The following amendments are hereby made to the international
residential code, 2015 edition:
Section R902.1 shall be deleted in its entiretv and replaced with the
following statement: Roofs shall be covered with materials as set forth in
Sections R904 and R905. Roof coverings and roof assemblies shall be
class A roof coverings or class A roof assemblies for all structures. Class
A roofing required by this section to be listed shall be tested in accordance
with UL 790 and ASTM E 108. Wood shingles and shake coverings or
assemblies are prohibited except where exempted for replacement or
repair as defined below. Where the roof profile allows space between the
roof covering and the roof decking at the eve ends, the spaces shall be
constructed to prevent intrusion of flames and embers, be fire -stopped
with approved materials, or have one layer of 72 pound (32.4 kq) mineral -
surfaced non-Derforated caD sheet comDlvina with ASTM D3909 installed
over the combustible deckin
Replacement or repair: Each structure with a nonconformina roof coverin
or assembly will be allowed one (1) replacement or repair of twenty five
percent (25%) or less of the roof area. Replacement or repair greater than
twenty five percent (25%) or a second replacement or repair of the roof
shall trigger replacement of the nonconforming roof covering or assembly
with a conforming roof covering or assembly in its entirety. For the
purposes of this Section, a two-family dwelling shall be considered two
2
9/7/2016
IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT
BUILDING PRACTICES.DOCX
structures with each dwelling allowed one (1) replacement or repair of
twenty five percent (25%) or less of the dwelling unit's roof area.
R902.2 - Fire Retardant Treated Wood Shingles And Shakes: This section
is deleted in its entirety and shall be replaced with the following text: Wood
shingles and shake coverings or assemblies are prohibited except where
exempted for replacement or repair per section R902.2.
Section 3. Section 14-10-5 of the Vail Town Code is hereby amended as
follows:
Sec. 14-10-5: Building Materials and Design.
A. The Town is situated within the wildland urban interface where
community values intersect with the potential consequences of wildland
fires. Wildland fires both big and small have the potential to destroy
homes and neighborhoods within the Town. The architecture and chosen
materials of a building greatly affect the survivability of that structure in the
face of a wildfire. The use of Class A roof coverings and ignition resistant
building materials decrease the hazards to the individual structure as well
as the surroundina homes.
AB. The use of Y1/1Y1GGrn%1ustible ignition resistant building materials and
designs intended to prevent the spread of fire are highly encouraged. Vail
Fire and Emergency Services is available to provide more information on
the use of ignition resistant materials and designs. Predominantly natural
building materials shall be used within the Town of Vail. The exterior use
of wood, wood siding, native stone, brick, concrete, stucco, and EIFS may
be permitted. Concrete surfaces, when permitted, shall be treated with
texture and color; however, exposed aggregate is more acceptable than
raw concrete. The exterior use of the following siding materials shall be
prohibited: stucco or EIFS with gross textures or surface features that
appear to imitate other materials, simulated stone, simulated brick, plastic
and vinyl. The exterior use of any building material, including those not
specifically identified by this section, shall only be permitted, unless
otherwise prohibited by this code, where the design review board finds:
1. That the proposed material is satisfactory in general
appearance, quality over time, architectural style, design, color, and
texture; and
2. That the use of the proposed material complies with the
intent of the provisions of this code; and
3. That the use of the proposed material is compatible with the
structure, site, surrounding structures, and overall character of the Town
of Vail; and
3
9/7/2016
IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT
BUILDING PRACTICES.DOCX
4. That the material is noncombustible or aids in the prevention
of fires.
€C. The same or similar building materials and colors shall be used on
main structures and any accessory structures upon the site.
SD. Exterior wall colors should be compatible with the site and
surrounding buildings. Natural colors (earth tones found within the Vail
area) should be utilized. Primary colors or other bright colors should be
used only as accents and then sparingly such as upon trim or railings. All
exterior wall materials must be continued down to finished grade thereby
eliminating unfinished foundation walls. All exposed metal flashing, trim,
flues, and rooftop mechanical equipment shall be anodized, painted or
capable of weathering so as to be nonreflective.
SE. The majority of roof forms within Vail are gable roofs with a pitch of
at least four feet (4') in twelve feet (12'). However, other roof forms are
allowed. Consideration of environmental and climatic determinants such
as snow shedding, drainage, fire safety and solar exposure should be
integral to the roof design.
€F. Rooflines should be designed so as not to deposit snow on parking
areas, trash storage areas, stairways, decks and balconies, or entryways.
Secondary roofs, snow clips, and snow guards should be utilized to
protect these areas from roof snow shedding if necessary.
G. All structures shall have class A roof assemblies or shall have class
A roof covering materials, as defined by the adopted building code. The
use of concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and
built up tar and gravel roofing may be permitted. Metal roofing, when
permitted, shall not reflect direct sunlight onto an adjacent property and
shall be surfaced with a low gloss finish or be capable of weathering to a
dull finish. Metal roofing, when permitted, shall be of a heavy gauge and
designed to provide visual relief to the roof surface (including, but not
limited to, a standing seam). Asphalt and fiberglass shingles, when
permitted, shall weigh no loss than throe hundred (300) nv� wander
reefing be designed to provide visual relief through texture,
dimension and depth of appearance. The use of wood shake, wood
shingles and rolled roofing shall not be permitted. Two-family and multi-
family dwellings shall be required to have uniform roof covering materials,
except when the design review board determines that the materials are
compatible, are integral to the architectural style of the structure and
different materials do not share any ridges or planes, but may share a
valley.
1. Nonconforming Structures: All structures that do not have a
class A roof assembly or class A roof covering material, or structures with
4
9/7/2016
IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT
BUILDING PRACTICES.DOCX
wood shake or wood shingles shall GOrne into nmmplianGe replace the roof
covering as follows:
da. Additions: All additions affecting roof area shall trigger
compliance of the roof structure of a single-family dwelling, a side
of a two-family dwelling, or the entire multiple -family dwelling,
except for a onetime exemption of up to five hundred (500) square
feet of GRFA, occurring after February 6, 2007, where any addition
of roof area does not share a plane or ridge with the nonconforming
roof, and may only share a valley. The additional roof area shall
conform to roofing regulations, and shall be deemed compatible by
the design review board.
eb. Two -Family Structures: Upon reroofing one side of a two-
family dwelling, the other side eaay shall be required to be reroofed
if the two (2) sides have roof systems that share ridges or planes.
Different materials on each side of the two-family dwelling may be
permitted by the design review board if the materials are deemed
compatible, integral to the architectural style of the structure and
share a valley or do not intersect.
dc. Developments With Multiple Structures: Upon reroofing a
single structure that is part of a multi -structure project with
conforming roof covering materials that do not match existing
materials, the conforming materials shall be deemed compatible
with the existing nonconforming materials by the design review
board. Upon reroofing of additional structures in the development,
the materials shall match the approved conforming materials.
Should the matching material no longer be manufactured, a
different material may be permitted, should the materials be
deemed compatible by the Design Review Board.
GH. Rooftops: Rooftop heating and air conditioning equipment, large
vent stacks, elevator penthouses and similar features should be avoided;
however, if necessary, shall be designed to be compatible with the overall
design of the structure or screened from view of all adjacent properties.
5
9/7/2016
IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT
BUILDING PRACTICES.DOCX
--
da. Additions: All additions affecting roof area shall trigger
compliance of the roof structure of a single-family dwelling, a side
of a two-family dwelling, or the entire multiple -family dwelling,
except for a onetime exemption of up to five hundred (500) square
feet of GRFA, occurring after February 6, 2007, where any addition
of roof area does not share a plane or ridge with the nonconforming
roof, and may only share a valley. The additional roof area shall
conform to roofing regulations, and shall be deemed compatible by
the design review board.
eb. Two -Family Structures: Upon reroofing one side of a two-
family dwelling, the other side eaay shall be required to be reroofed
if the two (2) sides have roof systems that share ridges or planes.
Different materials on each side of the two-family dwelling may be
permitted by the design review board if the materials are deemed
compatible, integral to the architectural style of the structure and
share a valley or do not intersect.
dc. Developments With Multiple Structures: Upon reroofing a
single structure that is part of a multi -structure project with
conforming roof covering materials that do not match existing
materials, the conforming materials shall be deemed compatible
with the existing nonconforming materials by the design review
board. Upon reroofing of additional structures in the development,
the materials shall match the approved conforming materials.
Should the matching material no longer be manufactured, a
different material may be permitted, should the materials be
deemed compatible by the Design Review Board.
GH. Rooftops: Rooftop heating and air conditioning equipment, large
vent stacks, elevator penthouses and similar features should be avoided;
however, if necessary, shall be designed to be compatible with the overall
design of the structure or screened from view of all adjacent properties.
5
9/7/2016
IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT
BUILDING PRACTICES.DOCX
Rooftop antennas shall not be permitted unless as allowed under a
conditional use review as specified within the zoning code.
#I. Solar Energy Devices:
Ii. Overhangs: Deep eaves, overhangs, canopies, and other building
features that provide shelter from the elements are encouraged.
JK. Fenestration: Fenestration should be suitable for the climate and
for the orientation of the particular building elevation in which the
fenestration occurs. The use of both passive and active solar energy
systems is strongly encouraged.
KL. Duplexes: In no instance shall a duplex structure be so constructed
as to result in each half of the structure appearing substantially similar or
mirror image in design.
L.M Footings And Foundation: Building footings and foundations shall be
designed in accordance with the minimum standards of the adopted
building code. Footings and foundations shall also be designed to be
responsive to the natural topography of the site, and shall be designed
and constructed in such a manner as to minimize the necessary amount of
excavation and site disturbance.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 5. The 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 6. The amendment of any provision of the Vail Town Code 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 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
6
9/7/2016
IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT
BUILDING PRACTICES.DOCX
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 6t" day of September, 2016 and
a public hearing for second reading of this Ordinance is set for the day of
, 2016, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
/_raI*19
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
7
9/7/2016
IIVWS-STORAGEIDESKTOPS$ITNA GEL IDESKTOPIORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT
BUILDING PRACTICES.DOCX
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Patty McKenny, Town of Vail Town Clerk, do solemnly swear and affirm
that I published in full a true and correct copy of Ordinance No. 25 Series of
2016, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of
September, 2016.
Witness my hand and seal this 22ndt day of September, 2016.
G
atty c nn
To le
ORDINANCE NO. 25
SERIES 2016
AN ORDINANCE AMENDING SECTIONS 10-1-2,10-1-3 AND 14-10-15 OF THE VAIL
TOWN CODE TO ENHANCE WILDLAND FIRE RESISTANT BUILDING PRACTICES
WHEREAS, the Vail Town Council wishes to enhance wildland fire resistant
building practices.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 10-1-2 of the Vail Town Code is hereby amended as
follows:
Sec. 10-1-2: Amendments to Building Code.
The following amendments are hereby made to the International Building
Code, 2015 edition:
Section 1505.1 - General: Delete the last sentence referring to minimum
roof coverings in its entirety and shall be replaced with the following text:
Roof coverings and roof assemblies shall be class A roof coverings or
class A roof assemblies for all structures. Wood shingles and shake
coverings or assemblies are prohibited except where exempted for
replacement or repair as defined below. Where the roof profile allows
space between the roof covering and the roof decking at the eve ends, the
spaces shall be constructed to prevent intrusion of flames and embers, be
fire -stopped with approved materials, or have one layer of 72 pound (32.4
kg) mineral -surfaced non -perforated cap sheet complying with ASTM
D3909 installed over the combustible decking.
Replacement or repair: Each structure with a nonconforming roof covering
or assembly will be allowed one (1) replacement or repair of twenty five
percent (25%) or less of the roof area. Replacement or repair greater than
twenty five percent (25%) or a second replacement or repair of the roof
shall trigger replacement of the nonconforming roof covering or assembly
with a conforming roof covering or assembly in its entirety. For the
purposes of this Section, a two-family dwelling shall be considered two
structures with each dwelling allowed one (1) replacement or repair of
twenty five percent (25%) or less of the dwelling unit's roof area.
Emergency repairs of less than 10 square feet shall not be considered
toward the 25% threshold.
912112016
S:ITOWN CLERKICOUNCILIORDINANCES120161ORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING
PRACTICES. DOCX
Emergency repairs of less than 10 square feet shall not be considered
toward the 25% threshold.
Section 2. Section 10-1-3 of the Vail Town Code is hereby amended as
follows:
Sec. 10-1-3: Amendments to Residential Code.
The following amendments are hereby made to the international
residential code, 2015 edition:
Section R902.1 shall be deleted in its entirety and replaced with the
following statement: Roofs shall be covered with materials as set forth in
Sections R904 and R905. Roof coverings and roof assemblies shall be
class A roof coverings or class A roof assemblies for all structures. Class
A roofing required by this section to be listed shall be tested in accordance
with UL 790 and ASTM E 108. Wood shingles and shake coverings or
assemblies are prohibited except where exempted for replacement or
repair as defined below. Where the roof profile allows space between the
roof covering and the roof decking at the eve ends, the spaces shall be
constructed to prevent intrusion of flames and embers, be fire -stopped
with approved materials, or have one laver of 72 pound (32.4 kq) mineral -
surfaced non -perforated cap sheet complying with ASTM D3909 installed
over the combustible decking.
Replacement or repair: Each structure with a nonconformina roof coverin
or assembly will be allowed one (1) replacement or repair of twenty five
percent (25%) or less of the roof area. Replacement or repair greater than
twenty five percent (25%) or a second replacement or repair of the roof
shall trigger replacement of the nonconforming roof covering or assembly
with a conforming roof covering or assembly in its entirety. For the
purposes of this Section, a two-family dwelling shall be considered two
9/21/2016
S:ITOWN CLERMCOUNCILIORDINANCES12016lORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING
PRACTICES. DOCX
structures with each dwelling allowed one (1) replacement or repair of
twenty five percent (25%) or less of the dwelling unit's roof area.
R902.2 - Fire Retardant Treated Wood Shingles And Shakes: This section
is deleted in its entirety and shall be replaced with the following text: Wood
shingles and shake coverings or assemblies are prohibited except where
exempted for replacement or repair per section R902.2.
Section 3. Section 14-10-5 of the Vail Town Code is hereby amended as
follows:
Sec. 14-10-5: Building Materials and Design.
A. The Town is situated within the wildland urban interface where
community values intersect with the potential consequences of wildland
fires. Wildland fires both big and small have the potential to destroy
homes and neighborhoods within the Town. The architecture and chosen
materials of a building greatly affect the survivability of that structure in the
face of a wildfire. The use of Class A roof coverings and iqnition resistant
building materials decrease the hazards to the individual structure as well
as the surrounding homes.
AB. The use of ROnGOmbustable ignition resistant building materials and
designs intended to prevent the spread of fire are highly encouraged. Vail
Fire and Emergency Services is available to provide more information on
the use of ignition resistant materials and designs. Predominantly natural
building materials shall be used within the Town of Vail. The exterior use
of wood, wood siding, native stone, brick, concrete, stucco, and EIFS may
be permitted. Concrete surfaces, when permitted, shall be treated with
texture and color; however, exposed aggregate is more acceptable than
raw concrete. The exterior use of the following siding materials shall be
prohibited: stucco or EIFS with gross textures or surface features that
appear to imitate other materials, simulated stone, simulated brick, plastic
and vinyl. The exterior use of any building material, including those not
specifically identified by this section, shall only be permitted, unless
otherwise prohibited by this code, where the design review board finds:
1. That the proposed material is satisfactory in general
appearance, quality over time, architectural style, design, color, and
texture; and
2. That the use of the proposed material complies with the
intent of the provisions of this code; and
3. That the use of the proposed material is compatible with the
structure, site, surrounding structures, and overall character of the Town
of Vail; and
3
9/21/2016
S:ITOWN CLERKICOUNCILIORDINANCES12016lORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING
PRACTICES. DOCX
4. That the material is noncombustible or aids in the prevention
of fires.
€C. The same or similar building materials and colors shall be used on
main structures and any accessory structures upon the site.
GD. Exterior wall colors should be compatible with the site and
surrounding buildings. Natural colors (earth tones found within the Vail
area) should be utilized. Primary colors or other bright colors should be
used only as accents and then sparingly such as upon trim or railings. All
exterior wall materials must be continued down to finished grade thereby
eliminating unfinished foundation walls. All exposed metal flashing, trim,
flues, and rooftop mechanical equipment shall be anodized, painted or
capable of weathering so as to be nonreflective.
GE. The majority of roof forms within Vail are gable roofs with a pitch of
at least four feet (4') in twelve feet (12'). However, other roof forms are
allowed. Consideration of environmental and climatic determinants such
as snow shedding, drainage, fire safety and solar exposure should be
integral to the roof design.
€F. Rooflines should be designed so as not to deposit snow on parking
areas, trash storage areas, stairways, decks and balconies, or entryways.
Secondary roofs, snow clips, and snow guards should be utilized to
protect these areas from roof snow shedding if necessary.
G. All structures shall have class A roof assemblies or shall have class
A roof covering materials, as defined by the adopted building code. The
use of concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and
built up tar and gravel roofing may be permitted. Metal roofing, when
permitted, shall not reflect direct sunlight onto an adjacent property and
shall be surfaced with a low gloss finish or be capable of weathering to a
dull finish. Metal roofing, when permitted, shall be of a heavy gauge and
designed to provide visual relief to the roof surface (including, but not
limited to, a standing seam). Asphalt and fiberglass shingles, when
permitted, shall weigh„ ne—legis than three hundred ( 00) pe Rds nor
Feefing squaFe be designed to provide visual relief through texture,
dimension and depth of appearance. The use of wood shake, wood
shingles and rolled roofing shall not be permitted. Two-family and multi-
family dwellings shall be required to have uniform roof covering materials,
except when the design review board determines that the materials are
compatible, are integral to the architectural style of the structure and
different materials do not share any ridges or planes, but may share a
valley.
1. Nonconforming Structures: All structures that do not have a
class A roof assembly or class A roof covering material, or structures with
4
9/21/2016
S:ITOWN CLERKICOUNCILIORDINANCES120161ORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING
PRACTICES. DOCX
wood shake or wood shingles shall replace the roof
covering as follows:
ba. Additions: All additions affecting roof area shall trigger
compliance of the roof structure of a single-family dwelling, a side
of a two-family dwelling, or the entire multiple -family dwelling,
except for a onetime exemption of up to five hundred (500) square
feet of GRFA, occurring after February 6, 2007, where any addition
of roof area does not share a plane or ridge with the nonconforming
roof, and may only share a valley. The additional roof area shall
conform to roofing regulations, and shall be deemed compatible by
the design review board.
sb. Two -Family Structures: Upon reroofing one side of a two-
family dwelling, the other side n4ay shall be required to be reroofed
if the two (2) sides have roof systems that share ridges or planes.
Different materials on each side of the two-family dwelling may be
permitted by the design review board if the materials are deemed
compatible, integral to the architectural style of the structure and
share a valley or do not intersect.
dc. Developments With Multiple Structures: Upon reroofing a
single structure that is part of a multi -structure project with
conforming roof covering materials that do not match existing
materials, the conforming materials shall be deemed compatible
with the existing nonconforming materials by the design review
board. Upon reroofing of additional structures in the development,
the materials shall match the approved conforming materials.
Should the matching material no longer be manufactured, a
different material may be permitted, should the materials be
deemed compatible by the Design Review Board.
GH. Rooftops: Rooftop heating and air conditioning equipment, large
vent stacks, elevator penthouses and similar features should be avoided;
however, if necessary, shall be designed to be compatible with the overall
design of the structure or screened from view of all adjacent properties.
5
9/21/2016
S:ITOWN CLERKICOUNCILIORDINANCES120161ORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING
PRACTICES. DOCX
IN
.......
ba. Additions: All additions affecting roof area shall trigger
compliance of the roof structure of a single-family dwelling, a side
of a two-family dwelling, or the entire multiple -family dwelling,
except for a onetime exemption of up to five hundred (500) square
feet of GRFA, occurring after February 6, 2007, where any addition
of roof area does not share a plane or ridge with the nonconforming
roof, and may only share a valley. The additional roof area shall
conform to roofing regulations, and shall be deemed compatible by
the design review board.
sb. Two -Family Structures: Upon reroofing one side of a two-
family dwelling, the other side n4ay shall be required to be reroofed
if the two (2) sides have roof systems that share ridges or planes.
Different materials on each side of the two-family dwelling may be
permitted by the design review board if the materials are deemed
compatible, integral to the architectural style of the structure and
share a valley or do not intersect.
dc. Developments With Multiple Structures: Upon reroofing a
single structure that is part of a multi -structure project with
conforming roof covering materials that do not match existing
materials, the conforming materials shall be deemed compatible
with the existing nonconforming materials by the design review
board. Upon reroofing of additional structures in the development,
the materials shall match the approved conforming materials.
Should the matching material no longer be manufactured, a
different material may be permitted, should the materials be
deemed compatible by the Design Review Board.
GH. Rooftops: Rooftop heating and air conditioning equipment, large
vent stacks, elevator penthouses and similar features should be avoided;
however, if necessary, shall be designed to be compatible with the overall
design of the structure or screened from view of all adjacent properties.
5
9/21/2016
S:ITOWN CLERKICOUNCILIORDINANCES120161ORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING
PRACTICES. DOCX
Rooftop antennas shall not be permitted unless as allowed under a
conditional use review as specified within the zoning code.
#I. Solar Energy Devices:
fJ. Overhangs: Deep eaves, overhangs, canopies, and other building
features that provide shelter from the elements are encouraged.
JK. Fenestration: Fenestration should be suitable for the climate and
for the orientation of the particular building elevation in which the
fenestration occurs. The use of both passive and active solar energy
systems is strongly encouraged.
4L. Duplexes: In no instance shall a duplex structure be so constructed
as to result in each half of the structure appearing substantially similar or
mirror image in design.
LM Footings And Foundation: Building footings and foundations shall be
designed in accordance with the minimum standards of the adopted
building code. Footings and foundations shall also be designed to be
responsive to the natural topography of the site, and shall be designed
and constructed in such a manner as to minimize the necessary amount of
excavation and site disturbance.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 5. The 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 6. The amendment of any provision of the Vail Town Code 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 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
6
9/21/2016
S:ITOWN CLERKICOUNCILIORDINANCES120161ORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING
PRACTICES.DOCX
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 t day of September, 2016 and
a public hearing for second reading of this Ordinance is set for the day of
, 2016, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
7
9MI2016
SATOWN CLERKICOUNCILIORDINANCES120161ORDINANCE NO. 25, SERIES 2016, WILDLAND FIRE RESISTANT BUILDING
PRACTICES.DOCX
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 26 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 5t" day of
October, 2016.
Witness my hand and seal this 5t" day of October, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 26
SERIES 2016
AN ORDINANCE AMENDING SECTIONS 12-2: DEFINITIONS AND 14-10: DESIGN
REVIEW STANDARDS AND GUIDELINES RELATED TO THE REGULATION OF
GREENHOUSES AND HOOP HOUSES/COLD FRAMES.
WHEREAS, the Vail Town Council wishes to provide opportunities for residents
to participate in growing food or ornamental crops within a minimal regulatory
framework while reducing the potential impact on neighboring properties;
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has held public hearings on the proposed prescribed regulations amendment and on
September 12, 2016 submitted its recommendation to the Vail Town Council;
WHEREAS, the Vail Town Council finds that the proposed amendment is
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town;
WHEREAS, the Vail Town Council finds that the amendment furthers the general
and specific purposes of the zoning regulations;
WHEREAS, the Vail Town Council finds that the amendment promotes the
health, safety, morals and general welfare of the town and promotes the coordinated
and harmonious development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as
follows:
Sec. 12-2-2: Definitions of Words and Terms.
GREENHOUSE. An outdoor structure, heated or unheated, constructed primarily
of glass or other rigid translucent material, which is devoted to the protection or
cultivation of food or ornamental crops.
HOOP HOUSE/COLD FRAME. An unheated outdoor enclosure used for the
purpose of growing crops and/or for protecting seedlings and plants from cold
weather but not containing any mechanical or electrical systems or storage of
any items.
1
Section 2. Section 14-10-5 of the Vail Town Code is hereby amended as
follows:
Sec. 14-10-5: Building Materials and Design.
B. The same or similar building materials and colors shall be used on main
structures and any accessory structures upon the site. Translucent components
of greenhouses shall be exempt from this requirement.
Section 3. Section 14-10-10 of the Vail Town Code is hereby amended as
follows:
Sec. 14-10-10: Accessory Structures; Utilities; Service Area.
G. Greenhouses, when permitted, shall be subiect to the following standards:
1. All wall and roofina materials shall be constructed of riaid material and
shall not include polyethylene or other similar flexible films.
2. All non -translucent elements including framinq and doors shall be
painted to be compatible with the site and surrounding buildings.
3. No internal lighting shall be permitted between the hours of 9:00 P.M.
and 6:00 A.M. Exterior lighting shall comply with Section 7 of this
Chapter.
4. All _greenhouses shall be subject to the development standards for the
zone district for which they are located.
5. Greenhouses shall not be used for storage of household items,
vehicles, watercraft or other items not associated with the cultivation of
food or ornamental crops.
H. Hoop House/Cold Frame. when aermitted. shall be subiect to the followina
standards:
1. Hoop house%old frame shall be four (4) feet in height or less and be
120 square feet or less in floor area.
2. Hoop houses/cold frames shall meet the Deck (Not Ground Level)
setback requirements as defined in Section 1 of Chapter 2 of this title
and summarized in Section 1 of Chapter 8 of this title.
3. One hoop house%old frame shall be permitted per dwelling unit.
4. Hoop houses/cold frames shall be exempt from design review.
5. Hoop houses/cold frames shall not be used for storage of any kind.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
2
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 and
the inhabitants thereof.
Section 6. The amendment of any provision of the Vail Town Code 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 ordinance
previously repealed or superseded unless expressly stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of October, 2016 and a
public hearing for second reading of this Ordinance is set for the 18th day of October,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 18th day of October, 2016.
ATTEST:
Patty McKenny, Town Clerk
3
Dave Chapin, Mayor
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 27 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 5t" day of
October, 2016.
Witness my hand and seal this 5t" day of October, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 27
SERIES 2016
AN ORDINANCE AMENDING SECTIONS 12-2: DEFINITIONS, 12-11: DESIGN
REVIEW, 12-14: SUPPLEMENTAL REGULATIONS, 12-15: GROSS RESIDENTIAL
FLOOR AREA, 12-16: CONDITIONAL USE PERMITS AND 12-17: VARIANCES,
RELATED TO THE JOINT PROPERTY OWNER SUBMITTAL REQUIREMENT
WHEREAS, the Vail Town Council wishes to clarify and codify existing standard
operating procedures related to joint property owner submittal requirements.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
held public hearings on the proposed prescribed regulations amendment and on
September 12, 2016 submitted its recommendation to the Vail Town Council;
WHEREAS, the Vail Town Council finds that the proposed amendment is
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town;
WHEREAS, the Vail Town Council finds that the amendment furthers the general
and specific purposes of the zoning regulations;
WHEREAS, the Vail Town Council finds that the amendment promotes the
health, safety, morals and general welfare of the town and promotes the coordinated
and harmonious development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as
follows:
Sec. 12-2-2: Definitions of Words and Terms
DEVELOPMENT LOT: A delineation of property that may include one or more
structures and/or lot(s) that collectively share dimensional and/or design
standards or guidelines. Examples include, but are not limited to, a duplex
property containing two dwelling units, a condominium complex of one (1) or
more buildings or a multi -unit townhome style development that share
dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and
landscape design) standards or guidelines.
Section 2. Section 12-11-4 of the Vail Town Code is hereby amended as
follows:
Ordinance No. 27, Series of 2016
12-11-4: Materials to be Submitted; Procedure
B. Conceptual Design Review:
Submittal Requirements: The owner or authorized agent of any project
requiring design approval as prescribed by this chapter may submit plans
for conceptual review by the design review board to the department of
community development. The purpose of a conceptual review shall be to
give the applicant a basic understanding with respect to the design concept
and the compatibility of a proposal with the design guidelines contained
within this chapter. This procedure is recommended mainly for those
applications of a higher impact than single-family and two-family residences
although projects of that nature shall not be excluded the opportunity to
request a conceptual design review. The following information shall be
submitted for a conceptual review ten (10) days prior to a scheduled design
review board meeting:
d. Application form.
paFGe�s 9F G paFGels in duple* subdivi-siops, by way of example apd pe
limitation the w4tten approval of the other r-ene y owner owners nr
annlinahle owgero' aooeniatien shall be mn,1irerl. If the property is owned
in common (condominium association) and/or located within a
Development Lot, the written approval of the other property owner,
owners. or applicable owners' association shall be required. This can be
either in the form of a letter of approval or signature on the application.
C. Preliminary And Final Design Review:
1. The owner or authorized agent of any project requiring design approval as
prescribed by this chapter shall submit for final design approval all of the
following material to the administrator, unless the administrator determines
within five (5) days of a written request for such determination that some of
the following material may be excluded:
Form And Fee: Application form and appropriate fee. if the proper.„
owned in nommen (nondominium aooeniation) or jointly K4th other nrnnerty
owners SUGh as&41.leways, AIB paFGels of G arcels in duple�c
subdivisions, by nle and not limitation the w4tten approval of
the other property evninero er annlinahle owners' aoonniation shall
he required. If the property is owned in common (condominium
association) and/or located within a Development Lot, the written approval
of the other property owner, owners, or applicable owners' association
shall be required. This can be either in the form of a letter of approval or
signature on the application.
Ordinance No. 27, Series of 2016
Section 3. Section 12-14-18 of the Vail Town Code is hereby amended as
follows:
Sec. 12-14-18: Bed and Breakfast Operations.
A. Definition: See section 12-2-2 of this title for definition of "bed and breakfast".
B. Location And Criteria: Bed and breakfast operations may be allowed as a
conditional use in those zone districts as specified in this title. If permitted as
a conditional use pursuant to chapter 16 of this title, bed and breakfast
operations shall be subject to the following requirements:
5. If a bed and breakfast operation shall use property or facilities owned in
common and/or located within a Development Lot, the written approval of
the other property owner, owners, or applicable owners' association shall be
required the w4tten approval of the ether property owner owners, er
annlinable ewper ' a seniatien shall he requkerl to be submitted with the
application for a conditional use permit.
Section 4. Section 12-15-4 of the Vail Town Code is hereby amended as
follows:
12-15-4: Interior Conversions
D. Process: Applications shall be made to the department of community
development staff on forms provided by the department. Applications for
interior conversions to single-family, two-family, primary/secondary or multi-
family dwelling units located in a special development district (SDD) pursuant
to this section shall also be allowed without amending the GRFA provisions of
the SDD. However, properties with GRFA restrictions recorded on the plat for
the development shall be regulated according to the plat restrictions unless
the plat is modified to remove such restrictions. /f the nr^nor+„ is owne in
i+emmen (condominium aooeniagen) er jointly with ethenero w,nh
as rlriv /1/ r (' narne/c c��hi-li�iicinnc h�i to,
example , and net limitation, n`v �n,
the wr4tten app-eyal of the ether nreneener
,
owners or anelinable owners' aooeniatien shall he required If the property is
owned in common (condominium association) and/or located within a
Development Lot, the written approval of the other property owner, owners, or
applicable owners' association shall be required. This can be either in the
form of a letter of approval or signature on the application. The planning staff
will review the application to ensure the proposed addition complies with all
provisions of the interior conversion section. Submittals shall include.-
Section
nclude.
Section 5. Section 12-15-5 of the Vail Town Code is hereby amended as
follows:
12-15-5: Additional Gross Residential Floor Area (250 Ordinance):
Ordinance No. 27, Series of 2016
E. Procedure:
I. Application; Content: Application shall be made on forms provided by the
department of community development. if the proper+„is owned in nommon
/oonrinminium aoonniafinnl or iointh, Mth nfhnr prnpertUGh s
di-Ive Gels i duplex oudivioinno h„ way of example,and
limitotinn the w4tten approval of the other property ewper owpero nr
applicable o.n,ne -. Isseeiation shall he required. If the property is owned in
common (condominium association) and/or located within a Development
Lot, the written approval of the other property owner, owners, or applicable
owners' association shall be reauired. This can be either in the form of a
letter of approval or signature on the application. The application shall also
include:
Section 6. Section 12-16-2 of the Vail Town Code is hereby amended as
follows:
12-16-2: Application; Contents:
Application for a conditional use permit shall be made upon a form provided by
the administrator. The application shall be supported by documents, maps, plans,
and other material containing the following information:
I.9
way of example and not limitation the w4tten approval of the
ot�h{., e4y owner owners hle omn era' cnniat� n c�h # he
Gttt , vvvrr�ro���appiiEaivr�vcrvrr�ro��J�cT.rcr�-r�i r��i �urr�vc
requiredlf the property is owned in common (condominium association)
and/or located within a Development Lot, the written approval of the other
aroaerty owner. owners. or applicable owners' association shall be reauired.
This can be either in the form of a letter of approval or signature on the
application.
Section 7. Section 12-17-2 of the Vail Town Code is hereby amended as
follows:
12-17-2: Application Information Required:
Application for a variance shall be made upon a form provided by the
administrator. The application shall be supported by documents, maps, plans,
and other material containing the following information.
A
..e*ample and not fimitation,
other pr-epe. ty - .—e., owners or appliGable owner-s'aSSGGiatien shag be
requ minium association)
Ordinance No. 27, Series of 2016
and/or located within a Development Lot, the written approval of the other
Property owner, owners, or applicable owners' association shall be required.
This can be either in the form of a letter of approval or signature on the
application.
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 affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 9. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 10. The amendment of any provision of the Vail Town Code 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 ordinance
previously repealed or superseded unless expressly stated herein.
Section 11. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4t" day of October, 2016 and a
public hearing for second reading of this Ordinance is set for the 18th day of October,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of )2016.
Dave Chapin, Mayor
Ordinance No. 27, Series of 2016
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 27, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 27 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 19th day of
October, 2016.
Witness my hand and seal this 19th day of October, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 27
SERIES 2016
AN ORDINANCE AMENDING SECTIONS 12-2: DEFINITIONS, 12-11: DESIGN
REVIEW, 12-14: SUPPLEMENTAL REGULATIONS, 12-15: GROSS RESIDENTIAL
FLOOR AREA, 12-16: CONDITIONAL USE PERMITS AND 12-17: VARIANCES,
RELATED TO THE JOINT PROPERTY OWNER SUBMITTAL REQUIREMENT
WHEREAS, the Vail Town Council wishes to clarify and codify existing standard
operating procedures related to joint property owner submittal requirements.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
held public hearings on the proposed prescribed regulations amendment and on
September 12, 2016 submitted its recommendation to the Vail Town Council;
WHEREAS, the Vail Town Council finds that the proposed amendment is
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the Town;
WHEREAS, the Vail Town Council finds that the amendment furthers the general
and specific purposes of the zoning regulations;
WHEREAS, the Vail Town Council finds that the amendment promotes the
health, safety, morals and general welfare of the town and promotes the coordinated
and harmonious development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as
follows:
Sec. 12-2-2: Definitions of Words and Terms
DEVELOPMENT LOT: A delineation of property that may include one or more
structures and/or lot(s) that collectively share dimensional and/or design
standards or guidelines. Examples include, but are not limited to, a duplex
property containing two dwelling units, a condominium complex of one (1) or
more buildings or a multi -unit townhome style development that share
dimensional (GRFA, Site Coverage etc.) and/or design (unified architectural and
landscape design) standards or guidelines.
Section 2. Section 12-11-4 of the Vail Town Code is hereby amended as
follows:
1
12-11-4: Materials to be Submitted; Procedure
B. Conceptual Design Review:
Submittal Requirements: The owner or authorized agent of any project
requiring design approval as prescribed by this chapter may submit plans
for conceptual review by the design review board to the department of
community development. The purpose of a conceptual review shall be to
give the applicant a basic understanding with respect to the design concept
and the compatibility of a proposal with the design guidelines contained
within this chapter. This procedure is recommended mainly for those
applications of a higher impact than single-family and two-family residences
although projects of that nature shall not be excluded the opportunity to
request a conceptual design review. The following information shall be
submitted for a conceptual review ten (10) days prior to a scheduled design
review board meeting:
d. Application form.
paFGe�s 9F G paFGels in duple* subdivi-siops, by way of example apd pe
limitation the w4tten approval of the other r-ene y owner owners nr
annlinahle owgero' aooeniatien shall be mn,1irerl. If the property is owned
in common (condominium association) and/or located within a
Development Lot, the written approval of the other property owner,
owners. or applicable owners' association shall be required. This can be
either in the form of a letter of approval or signature on the application.
C. Preliminary And Final Design Review:
1. The owner or authorized agent of any project requiring design approval as
prescribed by this chapter shall submit for final design approval all of the
following material to the administrator, unless the administrator determines
within five (5) days of a written request for such determination that some of
the following material may be excluded:
Form And Fee: Application form and appropriate fee. if the proper.„
owned in nommen (nondominium aooeniation) or jointly K4th other nrnnerty
owners SUGh as&41.leways, AIB paFGels of G arcels in duple�c
subdivisions, by nle and not limitation the w4tten approval of
the other property evninero er annlinahle owners' aoonniation shall
he required. If the property is owned in common (condominium
association) and/or located within a Development Lot, the written approval
of the other property owner, owners, or applicable owners' association
shall be required. This can be either in the form of a letter of approval or
signature on the application.
2
Section 3. Section 12-14-18 of the Vail Town Code is hereby amended as
follows:
Sec. 12-14-18: Bed and Breakfast Operations.
A. Definition: See section 12-2-2 of this title for definition of "bed and breakfast".
B. Location And Criteria: Bed and breakfast operations may be allowed as a
conditional use in those zone districts as specified in this title. If permitted as
a conditional use pursuant to chapter 16 of this title, bed and breakfast
operations shall be subject to the following requirements:
5. If a bed and breakfast operation shall use property or facilities owned in
common and/or located within a Development Lot, the written approval of
the other property owner, owners, or applicable owners' association shall be
required the w4tten approval of the ether property owner owners, er
annlinable ewper ' a seniatien shall he requkerl to be submitted with the
application for a conditional use permit.
Section 4. Section 12-15-4 of the Vail Town Code is hereby amended as
follows:
12-15-4: Interior Conversions
D. Process: Applications shall be made to the department of community
development staff on forms provided by the department. Applications for
interior conversions to single-family, two-family, primary/secondary or multi-
family dwelling units located in a special development district (SDD) pursuant
to this section shall also be allowed without amending the GRFA provisions of
the SDD. However, properties with GRFA restrictions recorded on the plat for
the development shall be regulated according to the plat restrictions unless
the plat is modified to remove such restrictions. /f the nr^nor+„ is owne in
i+emmen (condominium aooeniagen) er jointly with ethenero w,nh
as rlriv /1/ r (' narne/c c��hi-li�iicinnc h�i to,
example , and net limitation, n`v �n,
the wr4tten app-eyal of the ether nreneener
,
owners or anelinable owners' aooeniatien shall be required If the property is
owned in common (condominium association) and/or located within a
Development Lot, the written approval of the other property owner, owners, or
applicable owners' association shall be required. This can be either in the
form of a letter of approval or signature on the application. The planning staff
will review the application to ensure the proposed addition complies with all
provisions of the interior conversion section. Submittals shall include.-
Section
nclude.
Section 5. Section 12-15-5 of the Vail Town Code is hereby amended as
follows:
12-15-5: Additional Gross Residential Floor Area (250 Ordinance):
3
E. Procedure:
I. Application; Content: Application shall be made on forms provided by the
department of community development. if the proper+„is owned in nommon
/oonrinminium aoonniafinnl or iointh, Mth nfhnr prnpertUGh s
di-Ive Gels i duplex oudivioinno h„ way of example,and
limitotinn the w4tten approval of the other property ewper owpero nr
applicable o.n,ne -. ISSOGiation shall he required. If the property is owned in
common (condominium association) and/or located within a Development
Lot, the written approval of the other property owner, owners, or applicable
owners' association shall be reauired. This can be either in the form of a
letter of approval or signature on the application. The application shall also
include:
Section 6. Section 12-16-2 of the Vail Town Code is hereby amended as
follows:
12-16-2: Application; Contents:
Application for a conditional use permit shall be made upon a form provided by
the administrator. The application shall be supported by documents, maps, plans,
and other material containing the following information:
I.9
way of example and not limitation the w4tten approval of the
ot�h{., e4y owner owners hle omn era' cnniat� n c�h # he
Gttt , vvvrr�ro���appiiEaivr�vcrvrr�ro��J�cT.rcr�-r�i r��i �urr�vc
requiredlf the property is owned in common (condominium association)
and/or located within a Development Lot, the written approval of the other
aroaerty owner. owners. or applicable owners' association shall be reauired.
This can be either in the form of a letter of approval or signature on the
application.
Section 7. Section 12-17-2 of the Vail Town Code is hereby amended as
follows:
12-17-2: Application Information Required:
Application for a variance shall be made upon a form provided by the
administrator. The application shall be supported by documents, maps, plans,
and other material containing the following information.
A
.. ..
other pr-epe. ty - .—e., owners or appliGable owner-s'aSSGGiatien shag be
requ minium association)
12
and/or located within a Development Lot, the written approval of the other
Property owner, owners, or applicable owners' association shall be required.
This can be either in the form of a letter of approval or signature on the
application.
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 affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 9. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 10. The amendment of any provision of the Vail Town Code 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 ordinance
previously repealed or superseded unless expressly stated herein.
Section 11. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of October, 2016 and a
public hearing for second reading of this Ordinance is set for the 18th day of October,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 18th day of October, 2016.
Dave Chapin, Mayor
5
ATTEST:
Patty McKenny, Town Clerk
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. 28 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 19th day of
October, 2016.
Witness my hand and seal this 19th day of October, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 28
SERIES OF 2016
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, 2017 THROUGH DECEMBER 31, 2017
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 2017 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, 2017, and ending on the 315` day of December,
2017:
FUND
AMOUNT
General Fund
$37,302,303
Capital Projects Fund
12,148,520
Real Estate Transfer Tax Fund
8,337,803
Vail Marketing Fund
331,000
Heavy Equipment Fund
3,618,149
Dispatch Services Fund
2,972,714
Health Insurance Fund
4,122,634
Timber Ridge Enterprise Fund
1,302,051
Total
70,135,174
Less Interfund Transfers
(8,130,025)
Net Expenditure Budget
62,005,149
Ordinance No. 28. Series of 2016
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2017 fiscal year for the Town of Vail, Colorado, which are incorporated by
reference herein and made part hereof, and copies of said public records shall be made
available to the public in the Municipal Building of the Town. This Ordinance shall take
effect five (5) days after publication following the final passage hereof.
4. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
5. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the
inhabitants thereof.
6. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecution commenced, nor any other action or proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not
be construed to revise any bylaw, order, resolution, or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 18th day of October, 2016. A public hearing shall be
held hereon on the 1st day of November, 2016, 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.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 28. Series of 2016
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. 28 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of
November, 2016.
Witness my hand and seal this 2nd day of November, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 28
SERIES OF 2016
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, 2017 THROUGH DECEMBER 31, 2017
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 2017 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, 2017, and ending on the 31St day of December,
2017:
FUND
AMOUNT
General Fund
$37,356,303
Capital Projects Fund
15,212,020
Real Estate Transfer Tax Fund
8,453,915
Vail Marketing Fund
331,000
Heavy Equipment Fund
3,618,149
Dispatch Services Fund
2,972,714
Health Insurance Fund
4,122,634
Timber Ridge Enterprise Fund
1,302,051
Total
73,368,786
Less Interfund Transfers
(8,130,025)
=Net Expenditure Budget
65,238,761
Ordinance No. 28, Series of 2016
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2017 fiscal year for the Town of Vail, Colorado, which are incorporated by
reference herein and made part hereof, and copies of said public records shall be made
available to the public in the Municipal Building of the Town. This Ordinance shall take
effect five (5) days after publication following the final passage hereof.
4. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
5. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the
inhabitants thereof.
6. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecution commenced, nor any other action or proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not
be construed to revise any bylaw, order, resolution, or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 18th day of October, 2016. A public hearing shall be
held hereon on the 1st day of November, 2016, 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.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 28, Series of 2016
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN
FULL this 1st day of November 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 28, Series of 2016
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. 29 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 19th day of
October, 2016.
Witness my hand and seal this 19th day of October, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 29
SERIES 2016
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 7 OF THE VAIL
TOWN CODE BY THE ADDITION OF A NEW SECTION 7-213-3, TO
REQUIRE POSSESSION OF A VALID LICENSE OR PERMIT WHILE
OPERATING A MOTOR VEHICLE
WHEREAS, pursuant to C.R.S. § 42-4-111 and its home rule authority, the Town
is empowered to adopt municipal traffic regulations that reasonably promote the public,
health, safety, and general welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 2 of Title 7 of the Vail Town Code is hereby amended by
the addition of a new Section 7-213-3, to read as follows:
Sec. 7-213-3: POSSESSION OF DRIVER'S LICENSE OR
INSTRUCTION PERMIT REQUIRED:
A. No person shall operate a motor vehicle on the public highways in
the Town without a current and valid driver's, minor driver's or commercial
driver's license or instruction permit issued under C.R.S. §§ 42-2-101, 42-
2-106, and 42-4-404 in his or her immediate possession. A person shall
present a current and valid license or permit upon demand by a peace
officer or other law enforcement personnel.
B. A charge of a violation of this Section shall be dismissed by the
Municipal Court if the defendant produces a valid license or permit which
was in full force and effect at the time of the alleged violation.
C. It is an affirmative defense to a charge of a violation of this Section
if the defendant produces written evidence that, at the time of the alleged
violation, such person was exempt from the requirement to obtain a
license pursuant to C.R.S. § 42-2-102.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The 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.
Ordinance No. 29, Series of 2016
Section 4. The amendment of any provision of the Vail Town Code 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 ordinance
previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of October, 2016 and a
public hearing for second reading of this Ordinance is set for the 1St day of November,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 29, Series of 2016
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. 29 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of
November, 2016.
Witness my hand and seal this 2nd day of November, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 29
SERIES 2016
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 7 OF THE VAIL
TOWN CODE BY THE ADDITION OF A NEW SECTION 7-213-3, TO
REQUIRE POSSESSION OF A VALID LICENSE OR PERMIT WHILE
OPERATING A MOTOR VEHICLE
WHEREAS, pursuant to C.R.S. § 42-4-111 and its home rule authority, the Town
is empowered to adopt municipal traffic regulations that reasonably promote the public,
health, safety, and general welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 2 of Title 7 of the Vail Town Code is hereby amended by
the addition of a new Section 7-213-3, to read as follows:
Sec. 7-213-3: POSSESSION OF DRIVER'S LICENSE OR
INSTRUCTION PERMIT REQUIRED:
A. No person shall operate a motor vehicle on the public highways in
the Town without a current and valid driver's, minor driver's or commercial
driver's license or instruction permit issued under C.R.S. §§ 42-2-101, 42-
2-106, and 42-4-404 in his or her immediate possession. A person shall
present a current and valid license or permit upon demand by a peace
officer or other law enforcement personnel.
B. A charge of a violation of this Section shall be dismissed by the
Municipal Court if the defendant produces a valid license or permit which
was in full force and effect at the time of the alleged violation.
C. It is an affirmative defense to a charge of a violation of this Section
if the defendant produces written evidence that, at the time of the alleged
violation, such person was exempt from the requirement to obtain a
license pursuant to C.R.S. § 42-2-102.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The 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.
Ordinance No. 29 Series of 2016
Section 4. The amendment of any provision of the Vail Town Code 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 ordinance
previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of October, 2016 and a
public hearing for second reading of this Ordinance is set for the 1St day of November,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 1 st day of November, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 29 Series of 2016
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. 30 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 19th day of
October, 2016.
Witness my hand and seal this 19th day of October, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 30
SERIES 2016
AN ORDINANCE AMENDING SECTION 1-9-8 OF THE VAIL TOWN
CODE TO INCREASE COURT COSTS
WHEREAS, the municipal court costs imposed by Section 1-9-8 of the Vail Town
Code have not been amended since 1992; and
WHEREAS, it is necessary to increase court costs to keep pace with the greater
administrative and operating expenses associated with operating the municipal court.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 1-9-8 of the Vail Town Code is hereby amended as follows:
1-9-8: COURT COSTS:
A. Plea Entered at or Subsequent to Arraignment: The judge shall
assess court costs in the amount of fifteen twenty-five dollars ($15.00)
($25.00), which shall be assessed against all defendants upon entry of a
conviction at or subsequent to arraignment, but the judge may suspend
the cost in the interest of justice. No cost shall be assessed when
conviction is by a plea of guilty entered by mail pursuant to the penalty
assessment procedures set forth in this code.
B. Cost of Witnesses: The judge shall assess against a convicted
defendant for all witnesses subpoenaed and appearing at the trial and all
witness fees which are required to be paid by the court.
C. Additional Costs: The judge may assess against a convicted
defendant any other costs similar to those authorized by state law.
D. Jury Trial: Costs for persons convicted after trial by a jury are #
fiftydollars {$30:00} 50.00 instead of the fifteen twenty-five dollars
($1500) 25.00 described by subsection A of this section.
Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect 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. Retroactivity. The amendment of any provision of the Town Code
as provided in this ordinance shall not affect any right which has accrued, any duty
Ordinance No. 30, Series of 2016
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of October, 2016 and a
public hearing for second reading of this Ordinance is set for the 1St day of November,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 30, Series of 2016
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. 30 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of
November, 2016.
Witness my hand and seal this 2nd day of November, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 30
SERIES 2016
AN ORDINANCE AMENDING SECTION 1-9-8 OF THE VAIL TOWN
CODE TO INCREASE COURT COSTS
WHEREAS, the municipal court costs imposed by Section 1-9-8 of the Vail Town
Code have not been amended since 1992; and
WHEREAS, it is necessary to increase court costs to keep pace with the greater
administrative and operating expenses associated with operating the municipal court.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 1-9-8 of the Vail Town Code is hereby amended as follows:
1-9-8: COURT COSTS:
A. Plea Entered at or Subsequent to Arraignment: The judge shall
assess court costs in the amount of fifteen twenty-five dollars ($15.98)
($25.00), which shall be assessed against all defendants upon entry of a
conviction at or subsequent to arraignment, but the judge may suspend
the cost in the interest of justice. No cost shall be assessed when
conviction is by a plea of guilty entered by mail pursuant to the penalty
assessment procedures set forth in this code.
B. Cost of Witnesses: The judge shall assess against a convicted
defendant for all witnesses subpoenaed and appearing at the trial and all
witness fees which are required to be paid by the court.
C. Additional Costs: The judge may assess against a convicted
defendant any other costs similar to those authorized by state law.
D. Jury Trial: Costs for persons convicted after trial by a jury are thiAy
fiftydollars {$30.00} $50.00 instead of the fifteen twenty-five dollars
($15.00)($25.00) described by subsection A of this section.
Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect 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. Retroactivity. The amendment of any provision of the Town Code
as provided in this ordinance shall not affect any right which has accrued, any duty
Ordinance No. 30, Series of 2016
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of October, 2016 and a
public hearing for second reading of this Ordinance is set for the 1s' day of November,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 1 st day of November, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 30, Series of 2016
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. 31 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 19th day of
October, 2016.
Witness my hand and seal this 19th day of October, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 31
SERIES 2016
AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, ARTICLE A, OF
THE VAIL TOWN CODE TO REQUIRE SEAT BELTS AND TO CREATE
A NEW TRAFFIC INFRACTION FOR VIOLATION THEREOF
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 7, Chapter 2, Article A of the Vail Town Code is hereby
amended by the addition of a new Section 7-2A-12, to read as follows:
7-2A-12: SEAT BELT REQUIRED:
A. Definitions. For purposes of this Section, the following terms have
the following meanings:
1. MOTOR VEHICLE:
primarily for use and operation
passenger cars, station wagons,
homes, and pickups, but excludii
passenger buses, school buses, ;
husbandry designed primarily or
operations.
A self-propelled vehicle intended
on the public highways, including
vans, taxicabs, ambulances, motor
g motorcycles, low-power scooters,
,id farm tractors and implements of
exclusively for use in agricultural
2. SEAT BELT: A system using a lap belt, a shoulder belt, or
any other belt or combination of belts installed in a motor vehicle to
restrain drivers and passengers, which system conforms to federal motor
vehicle safety standards.
B. Unless exempted pursuant to Subsection C hereof, every driver of
and every front seat passenger in a motor vehicle equipped with a seat
belt shall wear a fastened safety belt while the motor vehicle is being
operated on a street or highway in the Town.
C. This Section shall not apply to:
1. A child required by C.R.S. § 42-4-236 to be restrained by a
child restraint system;
2. A member of an ambulance team, other than the driver,
while involved in patient care;
3. A peace officer as described in C.R.S. § 16-2.5-101 while
performing official duties so long as the performance of said duties is in
accordance with rules and regulations applicable to said officer;
Ordinance No. 31, Series of 2016
4. A person with a physically or psychologically disabling
condition whose physical or psychological disability prevents appropriate
restraint by a seat belt system if such person possesses a written
statement by a physician certifying the condition, as well as stating the
reason why such restraint is inappropriate;
5. A person driving or riding in a motor vehicle not equipped
with a seat belt system due to the fact that federal law does not require
such vehicle to be equipped with a seat belt system;
6. A rural letter carrier of the United States postal service while
performing duties as a rural letter carrier;
7. A person operating a motor vehicle which does not meet the
definition of "commercial vehicle" as that term is defined in C.R.S. § 42-4-
235(1)(a) for commercial or residential delivery or pickup service; except
that such person shall be required to wear a fastened safety belt during
the time period prior to the first delivery or pickup of the day and during the
time period following the last delivery or pickup of the day; and
8. A person otherwise exempted from mandatory seat belt use
pursuant to C.R.S. § 42-4-237, as amended.
D. A person who operates a motor vehicle while such person or any
passenger is in violation of this Section commits a traffic infraction.
E. No driver of a motor vehicle shall be cited for a violation of this
Section unless such driver was stopped by a law enforcement officer for
an alleged traffic violation other than a violation of this Section.
Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect 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. Retroactivity. The amendment of any provision of the Town Code
as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency.
Ordinance No. 31, Series of 2016
This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of October, 2016 and a
public hearing for second reading of this Ordinance is set for the 1st day of November,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 31, Series of 2016
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. 31 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of
November, 2016.
Witness my hand and seal this 2ndday November, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 31
SERIES 2016
AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, ARTICLE A, OF
THE VAIL TOWN CODE TO REQUIRE SEAT BELTS AND TO CREATE
A NEW TRAFFIC INFRACTION FOR VIOLATION THEREOF
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 7, Chapter 2, Article A of the Vail Town Code is hereby
amended by the addition of a new Section 7-2A-12, to read as follows:
7-2A-12: SEAT BELT REQUIRED:
A. Definitions. For purposes of this Section, the following terms have
the following meanings:
1.
MOTOR VEHICLE:
A self-propelled vehicle intended
primarily for use and operation
on the public
highways, including
passenger
cars, station wagons,
vans, taxicabs,
ambulances, motor
homes, and pickups, but excluding motorcycles,
low-power scooters,
passenger
buses, school buses, and farm tractors
and implements of
husbandry
designed primarily or
exclusively for
use in agricultural
operations.
2. SEAT BELT: A system using a lap belt, a shoulder belt, or
any other belt or combination of belts installed in a motor vehicle to
restrain drivers and passengers, which system conforms to federal motor
vehicle safety standards.
B. Unless exempted pursuant to Subsection C hereof, every driver of
and every front seat passenger in a motor vehicle equipped with a seat
belt shall wear a fastened safety belt while the motor vehicle is being
operated on a street or highway in the Town.
C. This Section shall not apply to:
1. A child required by C.R.S. § 42-4-236 to be restrained by a
child restraint system;
2. A member of an ambulance team, other than the driver,
while involved in patient care;
3. A peace officer as described in C.R.S. § 16-2.5-101 while
performing official duties so long as the performance of said duties is in
accordance with rules and regulations applicable to said officer;
Ordinance No. 31, Series of 2016
4. A person with a physically or psychologically disabling
condition whose physical or psychological disability prevents appropriate
restraint by a seat belt system if such person possesses a written
statement by a physician certifying the condition, as well as stating the
reason why such restraint is inappropriate;
5. A person driving or riding in a motor vehicle not equipped
with a seat belt system due to the fact that federal law does not require
such vehicle to be equipped with a seat belt system;
6. A rural letter carrier of the United States postal service while
performing duties as a rural letter carrier;
7. A person operating a motor vehicle which does not meet the
definition of "commercial vehicle" as that term is defined in C.R.S. § 42-4-
235(1)(a) for commercial or residential delivery or pickup service; except
that such person shall be required to wear a fastened safety belt during
the time period prior to the first delivery or pickup of the day and during the
time period following the last delivery or pickup of the day; and
8. A person otherwise exempted from mandatory seat belt use
pursuant to C.R.S. § 42-4-237, as amended.
D. A person who operates a motor vehicle while such person or any
passenger is in violation of this Section commits a traffic infraction.
E. No driver of a motor vehicle shall be cited for a violation of this
Section unless such driver was stopped by a law enforcement officer for
an alleged traffic violation other than a violation of this Section.
Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect 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. Retroactivity. The amendment of any provision of the Town Code
as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency.
Ordinance No. 31, Series of 2016
This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of October, 2016 and a
public hearing for second reading of this Ordinance is set for the 1St day of November,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 1 st day of November, 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 31, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, 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. 32 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 16th day of
November, 2016.
Witness my hand and seal this 16th day November, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 32
SERIES OF 2016
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2016 TAX YEAR AND
PAYABLE IN THE 2017 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 2016 year and payable in the 2017
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 2017 fiscal year, the Town Council hereby levies a property
tax of 4.705 mills upon each dollar of the total assessed valuation of $991,749,860 for the 2016
tax year of all taxable property within the Town, which will result in a gross tax levy of
$4,666,183 calculated as follows:
Base mill levy 4.690 $4,651,307
Abatement levy .015 _ 14,876
Total mill levy 4.705 $4,666,183
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 32, Series of 2016
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 15th day of November, 2016. A public hearing shall be
held hereon at 6 P.M. on the 6th day of December, 2016, at the regular meeting of the Town
Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance 32, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, 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. 32 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 7" day of
December, 2016.
Witness my hand and seal this 7th day December, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 32
SERIES OF 2016
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2016 TAX YEAR AND
PAYABLE IN THE 2017 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 2016 year and payable in the 2017
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 2017 fiscal year, the Town Council hereby levies a property
tax of 4.705 mills upon each dollar of the total assessed valuation of $991,030,050 for the 2016
tax year of all taxable property within the Town, which will result in a gross tax levy of
$4,662,796 calculated as follows:
Base mill levy 4.690 $4,647,931
Abatement levy .015 14,865
Total mill levy 4.705 $4,662,796
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 32, Series of 2016
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 15th day of November, 2016. A public hearing shall be
held hereon at 6 P.M. on the 6th day of December, 2016, at the regular meeting of the Town
Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this
6th day of December 2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance 32, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, 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. 33 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 7" day of
December, 2016.
Witness my hand and seal this 7th day December, 2016.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 33
SERIES OF 2016
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH
SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2016 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 2016 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
15, Series of 2015, adopting the 2016 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2016 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 131,790
Capital Projects Fund 388,474
Real Estate Transfer Tax Fund 480,000
Dispatch 12,825
Heavy Equipment Fund 206,700
Total $ 1,219,789
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. 33, Series of 2016
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 6th day of December, 2016, and a public hearing shall be held on this
Ordinance on the 20th day of December, 2016, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 33, Series of 2016
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, 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. 35 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 19th day of
January, 20167.
Witness my hand and seal this 19th day January, 2017.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 35
SERIES OF 2016
AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 41,
MARRIOTT RESIDENCE INN, PURSUANT TO ARTICLE A, SPECIAL
DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING REGULATIONS,
VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Title 12, Zoning Regulations, Chapter 9, Article A, Special
Development (SDD) District, Vail Town Code outlines the procedure for establishing
special development districts; and
WHEREAS, Vail Hotel Owner ESHV, LLC, represented by Mauriello Planning
Group, has submitted an application to the Town of Vail Community Development
Department to establish Special Development District No. 41, Marriott Residence Inn, to
facilitate the development of a limited service lodge, deed restricted employee housing
units, and a conditional use permit for public or commercial parking facilities or
structures; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
held a public hearing on November 28, 2016, on the application to establish Special
Development District No. 41, Marriott Residence Inn, in accordance with the provisions
of the Vail Town Code; and
WHEREAS, upon due consideration, the Planning and Environmental
Commission of the Town of Vail found that the request complies with the design criteria
prescribed in Chapter 9, Title 12, Zoning Regulations, Vail Town Code, and furthers the
development objectives of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has forwarded a recommendation of approval, with conditions, by a vote of 5-2-0 of this
request to establish Special Development District No. 41, Marriott Residence Inn, to the
Vail Town Council; and
WHEREAS, the Vail Town Council finds that the request to establish Special
Development District No. 41, Marriott Residence Inn, complies with the nine design
criteria prescribed in Title 12, Zoning Regulations, Vail Town Code; and that the
applicant has demonstrated that any adverse effects of the requested deviations from
the development standards of the underlying zoning are outweighed by the public
benefits provided; and
WHEREAS, the approval of Special Development District No. 41, Marriott
Residence Inn, and the development standards in regard thereto shall not establish
precedence or entitlements elsewhere within the Town of Vail; and
WHEREAS, all notices required by the Vail Town Code have been sent to the
appropriate parties; and
WHEREAS, the Vail Town Council considers it in the interest of the public health,
safety, and welfare to adopt Ordinance No. 35, Series of 2016, and establish a new
special development district in the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. District Established
Special Development District No. 41, Marriott Residence Inn, is established for
development on four (4) parcels of land, legally described as Lots 9, 10, 11, and
12, Buffehr Creek Resubdivision, which comprises a total of 86,597 square feet
(1.98 acres) in the Public Accommodation -2 (PA -2) zone district in the Town of
Vail. Said parcels may be referred to as "SDD No. 41". Special Development
District No. 41 shall be reflected as such on the Official Zoning Map of the Town
of Vail. The underlying zoning for Special Development District No. 41, Marriott
Residence Inn, shall be Public Accommodation -2 (PA -2) District.
Section 2. Special Development District No. 41, Marriott Residence Inn,
Approved 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. 41, Marriott Residence Inn, complies with each of the
requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Vail Town Code.
The Approved Development Plan for Special Development District No. 41,
Marriott Residence Inn, shall be comprised of materials submitted in accordance
with Section 12-9A-5 of the Vail Town Code and those plans prepared by Wright
Heerema Architects, entitled "Proposed Residential Development", dated
November 28, 2016, and stamped approved November 28, 2016, and as further
described in Section 3 herein.
Section 3. Special Development District No. 41, Marriott Residence Inn,
Approved Development Plan Set
The following plan sheets prepared by Wright Heerema Architects, entitled
"Proposed Residential Development", dated November 28, 2016 and stamped
approved November 28, 2016, shall constitute the Approved Development Plan
set:
Ordinance No. 35, Series of 2016 2
Sheet #: Title:
Untitled Cover Sheet
A010 Proposed Site Plan
A011 Proposed Site Plan W/ Contours
A100 Floor Plan — Lower Level 2
A101 Floor Plan — Lower Level 1
A102 Floor Plan — Hotel 1st Floor / Apartments LL -1 Parking
A103 Floor Plan — Hotel 2nd Floor / Apartments 1st Floor
A104 Floor Plan — Hotel 3rd Floor / Apartments 2nd Floor
A105 Floor Plan — Hotel 4th Floor / Apartments 3rd Floor
A106 Floor Plan — Hotel 5th Floor / Apartments 4th Floor
A107 Floor Plan — Hotel Roof Deck / Apartments 5th Floor
A108 Floor Plan — Hotel Roof Deck / Apartments 6th Floor
A109 Floor Plan — Roof Plan
A110 Enlarged Unit Plans — Hotel
A111 Enlarged Unit Plans — Apartments
A200 Elevations — Partial North and East
A201 Elevations — Partial North and East
A202 Elevations — Partial North, Partial South, and West
A301 Sections — Building Section North-South
A302 Sections — Building Section North-South
A303 Sections — Building Section East-West
A304 Sections — Building Section East-West
A305 Sections — Building Section North-South
A401 Sections Along Frontage Road (00')
A402 Sections Along Frontage Road (25')
A403 Sections Along Frontage Road (50')
A404 Sections Along Frontage Road (100')
A405 Sections Along Frontage Road (150')
A406 Sections Along Frontage Road (200')
A407 Sections Along Frontage Road (250')
A408 Sections Along Frontage Road (300')
A409 Sections Along Frontage Road (400')
AR -Oa Rendering — Previous Design
AR -Ob Rendering — Revised Design
AR-Oc Rendering — Proposed Design
AR-Od Rendering — Design Progression
AR -1 Rendering — Proposed Design
AR -2 Rendering — Proposed Design
AR -2s Rendering — Proposed Design — Section
AR -3 Rendering — Proposed Design
AR -3s Rendering — Proposed Design — Section
AR -4 Rendering — Proposed Design
AR -4s Rendering — Proposed Design — Section
AR -5 Rendering — Proposed Design
AR -5s Rendering — Proposed Design — Section
Ordinance No. 35, Series of 2016 3
Sheet #: Title:
AR -6 Rendering — Proposed Design
AR -6s Rendering — Proposed Design — Section
AR -7 Rendering — Proposed Design
AR -7s Rendering — Proposed Design — Section
AR -8 Rendering — Proposed Design — Exterior Wall Profile
ARI -01 Rendering — Apartment Kitchen / Living Room
ARI -02 Rendering — Apartment Kitchen / Living Room
ARI -03 Rendering — Apartment Kitchen / Living Room
ARI -04 Rendering — Apartment Kitchen / Living Room
ARI -05 Rendering — Apartment Bedroom
ARI -06 Rendering — Apartment Bedroom
C01.1 Cover Sheet
C01.2 Cover Sheet
CO3.1 Grading Plan — West
CO3.2 Grading Plan
CO3.3 Grading Plan — East
C04.1 Driveway Profiles
C05.1 Storm Sewer Plan
C06.1 Utility Plan
C07.1 Overall Frontage Road Improvements
C07.2 Turning Movements
C08.1 Construction Details
C08.2 Construction Details
C08.3 Utility Details
C08.4 Shallow Details
L1.1 Landscape Plan
L1.2 Plant Legend Notes/Details
M1 Exterior Materials
M2 Exterior Materials
M3 Exterior Materials — South Elevation
M4 Exterior Materials — South Elevation — A/B
M5 Exterior Materials — South Elevation — C/D
M6 Exterior Materials — South Elevation — A
M7 Exterior Materials — South Elevation — C
M8 Exterior Materials — Perspective — A/B/C/D/A
M9 Exterior Materials — Perspective — A/B
M9 Exterior Materials — Perspective — A/B/C
M10 Exterior Materials — Perspective — A/B/C/D/A
M11 Exterior Materials — Perspective — A/B/C/D/A
R1 a Historic Grade Diagram — 48'
R1 b Historic Grade Diagram — 48'
R2a Historic Grade Diagram — 50'
R2b Historic Grade Diagram — 50'
R3a Historic Grade Diagram — 52'
R3b Historic Grade Diagram — 52'
Ordinance No. 35, Series of 2016 4
Sheet #: Title:
R4a Historic Grade Diagram — 54'
R4b Historic Grade Diagram — 54'
R5a Historic Grade Diagram — 56'
R5b Historic Grade Diagram — 56'
R6a Historic Grade Diagram — Previous Concept / New Concept
R6b Historic Grade Diagram — Previous Concept / New Concept
R7a Condo View Looking East
R7b Condo View Looking East
R8a Condo View Looking Southeast
R8b Condo View Looking Southeast
R9 Grade Elevation Plan
R10a Shade — Sun Study — Winter Solstice — December 22
R1 Ob Shade — Sun Study — Spring/Vernal Equinox — March 20
R11 Area Plan — Lower Level 2
R12 Area Plan — Lower Level 1
R13 Area Plan — Site Plan
R14 Area Plan — Roof Plan
R15 Detailed Area Plans
R16 Lighting Plan
S1 Structural Details
Topographic Survey Sheets 1-4, prepared by Peak Land Consultants,
Inc., dated 6/1/2016
Section 4. 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. 41, Marriott Residence Inn. The development standards for Special
Development District No. 41, Marriott Residence Inn, are described below:
A. Permitted, Conditional, and Accessory Uses: The permitted,
conditional, and accessory uses allowed in Special Development
District No. 41, Marriott Residence Inn, shall be those uses listed in
Title 12, Chapter 7, Article J, Public Accommodation -2 (PA -2) zone
district, Vail Town Code, as may be amended from time to time.
B. Lot Area: The minimum lot area for Special Development District No.
41, Marriott Residence Inn, shall be 86,597 square feet (1.98 acres).
C. Setbacks: The minimum setbacks for Special Development District
No. 41, Marriott Residence Inn, shall be as indicated on the Marriott
Residence Inn Approved Development Plan, described in Section 2
herein.
Ordinance No. 35, Series of 2016 5
D. Height: The maximum allowable building height for Special
Development District No. 41, Marriott Residence Inn, shall be 59.7
feet, as indicated on the Marriott Residence Inn Approved
Development Plan, described in Section 2 herein.
E. Density Control: The maximum allowable gross residential floor area
(GRFA) for Special Development District No. 41, Marriott Residence
Inn, shall be as indicated on the Marriott Residence Inn Approved
Development Plan and the maximum allowable unit count shall be 170
limited service lodge units (LSLUs), 107 Type -III deed -restricted
employee housing units (EHUs), and six (6) unrestricted rental dwelling
units, as indicated on the Marriott Residence Inn Approved
Development Plan, described in Section 2 herein.
F. Site Coverage: The maximum allowable site coverage shall be ninety-
five percent (95%) or 81,834 square feet of the total lot area, and as
indicated on the Marriott Residence Inn Approved Development Plan,
described in Section 2 herein.
G. Landscaping and Site Development: At least thirty percent (30%) of
the total site area shall be landscaped. The minimum width and length
of any area qualifying as landscaping shall be fifteen feet (15') with a
minimum area not less than three -hundred (300) square feet. The
landscaping plan and site development shall be as indicated on the
Marriott Residence Inn Approved Development Plan, described in
Section 2 herein.
H. Parking and Loading: Off-street parking and loading shall be provided
in accordance with Title 12, Chapter 10 of the Vail Town Code. At
least seventy-five percent (75%) of the required parking shall be
located within the main building or buildings and hidden from public
view. No at grade or above grade surface parking or loading shall be
located in any required front setback area. The minimum number of
loading berths shall be two (2) as indicated on the Marriott Residence
Inn Approved Development Plan, described in Section 2 herein.
Section 5. Conditions of Approval
The following conditions of approval shall become part of the Town's approval of
the establishment of Special Development District No. 41, Marriott Residence
Inn:
1. Approval of Special Development District No. 41, Marriott Residence
Inn, is contingent upon the applicant obtaining Town of Vail approval of
an associated design review application;
Ordinance No. 35, Series of 2016 6
2. The applicant shall obtain Leadership in Energy and Environmental
Design (LEED) certification for the structure within one (1) year of
issuance of the first Certificate of Occupancy. Failure to obtain the
certification within the identified time -frame will necessitate a return to
the Planning and Environmental Commission and/or Town Council for
an evaluation of a suitable, replacement public benefit;
3. Prior to submitting any building permit application, the applicant shall
identify the six (6) unrestricted, rental dwelling units and provide
documentation that the units shall have the right -of -use to the lodge's
service and facilities under the same rules and regulations as the lodge
guests;
4. Prior to submitting any building permit application, the applicant shall
submit revised plans relocating the proposed retaining walls at least
two feet (2') from adjacent property lines;
5. Should the Colorado Department of Transportation (CDOT) not
approve the proposed landscaping in the North Frontage Road right-of-
way, the applicant shall submit a revised landscape plan, for review
and approval, prior to submitting any building permit application,
subject to Design Review;
6. Prior to submitting any building permit application, the applicant shall
submit revised plans that clearly illustrate signage and striping of the
fire staging area;
7. Prior to submitting any building permit application, the applicant shall
submit revised plans that illustrate the continuation of the proposed
sidewalk to the intersection with Buffehr Creek Road;
8. Prior to submitting any building permit application, the applicant shall
submit approval from CDOT related to all proposed work within the
CDOT right -of way;
9. The applicant shall mitigate system wide pedestrian and traffic impacts
through the payment of a Transportation Impact Fee that shall not be
offset by the project level improvements. This payment shall be made
prior to requesting any Certificate of Occupancy for the project. The fee
shall be determined through the ongoing update and codification to the
Impact Fee as approved by the Town Council. In the event that the
updated fee is not adopted by the Town Council prior to July 1, 2017,
the applicant shall provide a payment, prior to requesting any
Certificate of Occupancy, based upon net new PM Peak Hour vehicle
Ordinance No. 35, Series of 2016 7
trips generated by the development. The amount per trip shall be
assessed at the established rate as of July 1, 2017; and
10. Prior to submitting any building permit application, the applicant shall
provide roadway and snow storage easements for the portion of
Meadow Ridge Road that encroaches onto the subject property in a
format acceptable to the Town's Attorney.
Section 6.
The Developer shall commence initial construction of the Marriott Residence Inn
improvements within three (3) years from the time of its final approval at second
reading of the ordinance establishing Special Development District No. 41,
Marriott Residence Inn, and continue diligently toward the completion of the
project. If the developer 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, the approval of said special
development district shall be void. The Planning and Environmental Commission
and Town Council shall review the special development district upon submittal of
an application to reestablish the special development district following the
procedures outlined in Section 12-9A-4, Vail Town Code.
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 affect 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 by declared invalid.
Section 8.
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 are
based upon the review of the criteria prescribed by the Vail Town Code and the
evidence and testimony presented in consideration of this ordinance.
Section 9.
The amendment of any provision of the Vail Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by
virtue of the provision amended. The amendment of any provision hereby shall
Ordinance No. 35, Series of 2016 8
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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of
January, 2017 and a public hearing for second reading of this Ordinance set for
the 21st day of February, 2017, at 6:00 PM in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 35, Series of 2016 9
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
1, 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. 35 Series
of 2016, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of
February, 2017.
Witness my hand and seal this 22nd day February, 2017.
Tammy Nagel
Deputy Clerk
ORDINANCE NO. 35
SERIES OF 2016
AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT
NO. 41, MARRIOTT RESIDENCE INN, PURSUANT TO ARTICLE A,
SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12,
ZONING REGULATIONS, VAIL TOWN CODE, AND SETTING FORTH
DETAILS IN REGARD THERETO
WHEREAS, Title 12, Zoning Regulations, Chapter 9, Article A, Special Development
(SDD) District, Vail Town Code outlines the procedure for establishing special development
districts; and
WHEREAS, Vail Hotel Owner ESHV, LLC (the "Developer"), represented by
Mauriello Planning Group, has submitted an application to the Town of Vail Community
Development Department to establish Special Development District No. 41, Marriott
Residence Inn, for the development of a limited service lodge, deed restricted employee
housing units, and a conditional use permit for public parking facilities (the "Application");
and
WHEREAS, on November 28, 2016 the Planning and Environmental Commission of
the Town of Vail held a public hearing on the Application, in accordance with the provisions
of the Vail Town Code; and
WHEREAS, upon due consideration, the Planning and Environmental Commission
of the Town of Vail found that the Application complies with the design criteria prescribed in
Chapter 9, Title 12, Zoning Regulations, Vail Town Code, and furthers the development
objectives of the Town of Vail; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail, on
November 28, 2016 forwarded its recommendation of approval, with conditions, by a vote of
5-2-0 of the Application to the Vail Town Council; and
WHEREAS, the Vail Town Council finds that the Application complies with the nine
design criteria prescribed in Title 12, Zoning Regulations, Vail Town Code; and that the
Developer has demonstrated that any adverse effects of the requested deviations from the
development standards of the underlying zoning are outweighed by the public benefits
provided; and
WHEREAS, the approval of Special Development District No. 41, Marriott Residence
Inn, and the development standards in regard thereto shall not establish precedent or
entitlements elsewhere within the Town of Vail; and
WHEREAS, all notices required by the Vail Town Code have been posted and sent
to the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the interest of the public health,
safety, and welfare to adopt Ordinance No. 35, Series of 2016, and establish a new special
development district in the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. District Established
Special Development District No. 41, Marriott Residence Inn, is established for
development on four (4) parcels of land, legally described as Lots 9, 10, 11, and 12,
Buffehr Creek Resubdivision, which comprises a total of approximately 86,684.4
square feet (1.99 acres). Said parcels may be referred to as "SDD No. 41". Special
Development District No. 41 shall be reflected as such on the Official Zoning Map of
the Town of Vail. The underlying zoning for Special Development District No. 41,
Marriott Residence Inn, shall be Public Accommodation -2 (PA -2) District.
Section 2. Approved Development Plan
An approved development plan is the principal document in guiding the
development, uses and activities of a special development district.
The following plan sheets prepared by Wright Heerema Architects, entitled
"Proposed Residential Development", dated January 31, 2017 and stamped
approved February 21, 2017, shall constitute the Approved Development Plan for
Special Development District No. 41, Marriott Residence Inn:
Sheet #: Title:
Untitled Cover Sheet
A010 Proposed Site Plan
A011 Proposed Site Plan W/ Contours
A100 Floor Plan — Lower Level 2
A101 Floor Plan — Lower Level 1
A102 Floor Plan — Hotel 1st Floor / Apartments mezzanine
A103 Floor Plan — Hotel 2nd Floor / Apartments 1st Floor
A104 Floor Plan — Hotel 3rd Floor / Apartments 2nd Floor
A105 Floor Plan — Hotel 4th Floor / Apartments 3rd Floor
A106 Floor Plan — Hotel 5th Floor / Apartments 4th Floor
A107 Floor Plan — Hotel Roof Deck / Apartments 5th Floor
A108 Floor Plan — Hotel Roof Deck / Apartments 6th Floor
A109 Floor Plan — Roof Plan
A110 Enlarged Unit Plans — Hotel
A111 Enlarged Unit Plans — Apartments
A200 Elevations — Partial North and East
A201 Elevations — Partial North and East
Sheet #: Title:
A202 Elevations — Partial North, Partial South, and West
A301 Sections — Building Section North-South
AR -1 Rendering — Proposed Design
AR -2 Rendering — Proposed Design
Ordinance No. 35, Series of 2016 2
AR -3 Rendering — Proposed Design
AR -3s Rendering — Proposed Design — Section
AR -4 Rendering — Proposed Design
AR -5 Rendering — Proposed Design
L1.1 Landscape Plan
L1.2 Plant Legend Notes/Details
M1 Exterior Materials
M2 Exterior Materials
M3 Exterior Materials — South Elevation
M4 Exterior Materials — South Elevation — A/B
M5 Exterior Materials — South Elevation — C/D
M6 Exterior Materials — South Elevation — A
M7 Exterior Materials — South Elevation — C
M8 Exterior Materials — Perspective — A/B/C/D/A
Untitled Historic Grade Diagram — 48' — Blue Tent
R1 Historic Grade Diagram
R2 Historic Grade Diagram
R7 Grade Elevation Plan
R8 Shade — Sun Study — Winter Solstice — December 22
R9 Shade — Sun Study — Spring/Vernal Equinox — March 20
R10 Area Plan — Site Plan
R10 Area Plan — Roof Plan
R12 Detailed Area Plans
R13 Lighting Plan
S1 Structural Details
L1.1 Landscape Plan by macDesign
L1.2 Landscape Plan by macDesign
C01.1 Cover Sheet
C01.2 Cover Sheet
CO3.1 Grading Plan — West
CO3.2 Grading Plan
CO3.3 Grading Plan — East
C04.1 Driveway Profiles
C05.1 Storm Sewer Plan
C06.1 Utility Plan
C07.1 Overall Frontage Road Improvements
C08.1 Construction Details
C08.2 Construction Details
C08.3 Utility Details
C08.4 Shallow Details
Sheet #: Title:
Topographic Survey Sheets 1-4, prepared by Peak Land Consultants, Inc.,
dated 6/1/2016
The Vail Town Council finds that the Approved Development Plan complies with
each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Vail Town
Code.
Ordinance No. 35, Series of 2016 3
Section 3. Development Standards
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. 41,
Marriott Residence Inn.
A. Permitted, Conditional, and Accessory Uses: The permitted, conditional,
and accessory uses shall be those uses, as indicated on the Approved
Development Plan
B. Lot Area: The minimum lot area shall be 86,684.4 square feet (1.99
acres).
C. Setbacks: The minimum setbacks shall be as indicated on the Approved
Development Plan.
D. Height: The maximum allowable building height shall be as indicated on
the Approved Development Plan.
E. Density Control: The maximum allowable gross residential floor area
(GRFA) shall be as indicated on the Approved Development Plan, and the
maximum allowable unit count shall be: 170 limited service lodge units
(LSLUs); 96 deed -restricted (Type III per Code) employee housing units
(EHUs); and six (6) non -deed restricted dwelling units but which shall not
be individually sold or otherwise sold separately from the limited service
lodge, as indicated on the Approved Development Plan. The six (6) non -
deed restricted dwelling units may be rented at the discretion of the
owner.
F. Site Coverage: The maximum allowable site coverage shall be as
indicated on the Approved Development Plan.
G. Landscaping and Site Development: The landscaping plan and site
development shall be as indicated on the Approved Development Plan.
H. Parking and Loading: Off-street parking and loading shall be provided in
accordance with Title 12, Chapter 10 of the Vail Town Code. At least
seventy-five percent (75%) of the required parking shall be located within
the main building or buildings and hidden from public view. No at grade or
above grade surface parking or loading shall be located in any required
front setback area except as shown on the Approved Development Plan.
The minimum number of loading berths shall be as indicated on the
Approved Development Plan.
Section 4. Conditions of Approval
The approval of Special Development District No. 41, Marriott Residence Inn is
expressly contingent upon satisfaction of each the following conditions:
Ordinance No. 35, Series of 2016 4
1. The Developer shall obtain approval of the Design Review Board of an
associated design review application;
2. The Developer shall obtain Leadership in Energy and Environmental
Design (LEED) certification for the building within one (1) year of issuance
of the first Certificate of Occupancy. Failure to obtain LEED certification
will necessitate a return to the Planning and Environmental Commission
and the Town Council for an evaluation of a suitable, replacement public
benefit to offset the loss of the public benefit from the failure to obtain the
LEED certification;
3. The occupants of the six (6) non -deed restricted dwelling units shall have
the right to use the services and facilities of the lodge under the same
rules and regulations as the lodge guests;
4. Should the Colorado Department of Transportation (CDOT) not approve
the proposed landscaping in the North Frontage Road right-of-way, the
Developer shall submit a revised landscape plan, for review and approval,
prior to submitting any building permit application;
5. Prior to submitting any building permit application, the Developer shall
submit a revised plan that clearly illustrates signage and striping of the fire
staging area;
6. Prior to submitting any building permit application, the Developer shall
submit revised plans that illustrate the continuation of the sidewalk to the
intersection with Buffehr Creek Road in accordance with the
recommendations of the 2009 Vail Transportation Master Plan;
7. Prior to submitting any building permit application, the Developer shall
obtain approval from CDOT related to all proposed work within the CDOT
right -of way;
8. Prior to submitting any building permit application, the Developer shall
provide roadway and snow storage easements for the portion of Meadow
Ridge Road that encroaches onto SDD No. 41 in a format acceptable to
the Town's Attorney;
9. The Developer shall record deed restrictions against at least fourteen (14)
of the dwelling units prior to obtaining any Certificate of Occupancy for the
lodge;
10. Prior to the submitting any building application, the Town of Vail and the
Developer shall enter into a Development Agreement to document
provisions related to off-site public improvements, easements, employee
housing deed restrictions, timing and payment of fees, property tax
abatement for deed -restricted units, and similar provisions;
Ordinance No. 35, Series of 2016 5
11. The Developer shall provide for dog -walk areas on the green roof as more
particularly described in the Development Agreement;
12. The Developer shall provide private shuttle van service for use by lodge
guests and tenants of the property to retail core areas of the Town, as
more particularly described in the Development Agreement;
13. The Developer shall provide for access to the hotel fitness and pool areas
within the building, subject to a membership fee, for those owning
property located on Meadow Ridge Road or within the Grand Traverse
subdivision subject to rules and regulations adopted by the operator, as
more particularly described in the Development Agreement;
14. The lodge shall limit the total number of limited service lodge units
allowing dogs to 10 units. A maximum of 50% of the total 102 dwellings
(96 deed restricted employee housing units and 6 non -deed restricted
dwelling units) may allow dogs, and only one dog shall be allowed in
those units allowing a dog;
15.A second left turn lane shall be funded by the applicant as a
reimbursement to the Town, if CDOT access code requires the
improvement and the Town of Vail installs the left turn lane within eight (8)
years of the approval of this ordinance. The funding by the applicant shall
occur within one (1) year of the second turn lane being installed;
16. The Developer shall record deed restrictions against ninety-six (96)
dwelling units in SDD No. 41, prior to the issuance of any certificate of
occupancy; and
17. Prior to the issuance of a certificate of occupancy, the Developer shall
coordinate all Art in Public Places (AIPP) contributions with the Town of
Vail Public Works Department AIPP Coordinator.
Section 5. Timing.
The Developer shall commence initial construction of the Marriott Residence Inn
improvements within three (3) years from the time of its final approval at second
reading of the ordinance establishing Special Development District No. 41, Marriott
Residence Inn, and continue diligently toward the completion of the project. If the
developer 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, the approval of the Approved Development Plan shall be void. The
Planning and Environmental Commission and Town Council shall review the new
proposed approved development plan upon submittal of an application following the
procedures outlined in Section 12-9A-4, Vail Town Code.
Section 6. Public Health, Safety and Welfare.
Ordinance No. 35, Series of 2016 6
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 are based
upon the review of the criteria prescribed by the Vail Town Code 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 17th day of January, 2017 and a
public hearing for second reading of this Ordinance set for the 21St day of February, 2017,
at 6:00 PM in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of February, 2017.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 35, Series of 2016 7