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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 The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein.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 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency.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