HomeMy WebLinkAbout2021-Proof of Publication PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 1, Series
of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 20th day of January, 2021.
Witness my hand and seal this 20th day of January, 2021.
Stephanie Bibbens
Deputy Town Clerk
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ORDINANCE NO. 1
SERIES 2021
AN ORDINANCE REPEALING AND REENACTING CHAPTER 2 OF
TITLE 6 OF THE VAIL TOWN CODE REGARDING PROCEDURES FOR
DISPOSING OF UNCLAIMED PROPERTY IN THE TOWN
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Chapter 2 of Title 6 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
6-2-1: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
ABANDONED INTANGIBLE PROPERTY: Any fixed and certain interest in
intangible property held, issued, or owned in the ordinary course of the
Town's business, including without limitation cash, checks, drafts, deposits,
interest, dividends, income, credit balances, customer overpayments, gift
cards, refunds, unpaid wages or pension benefits, reimbursements, stocks,
unpaid wages, and interest or income derived therefrom that is held by or
under the control of the Town that has not been claimed by its owner for a
period of more than one (1) year after the property became distributable.
OWNER: A person that owns unclaimed property held by the Town or their
duly authorized legal representative or successor in interest.
UNCLAIMED PROPERTY: Any tangible or intangible property, except
abandoned intangible property, that is held by or under the control of the
Town that has not been claimed by its owner for a period of more than one
hundred and eighty (180) days after the Town took possession of the
property.
6-2-2: PROCEDURES:
A. Personal Notice: Prior to disposition of any unclaimed property
having an estimated value of one thousand dollars ($1,000) or more or any
abandoned intangible property regardless of value, the Police Department
shall give written notice by certified mail, return receipt requested, to the last
known address of a known owner of the unclaimed property or the
abandoned intangible property. The notice shall include a description of the
property, the estimated value of the property, and the location where the
owner may pick up the property. The notice shall also state that if the owner
fails to provide the Police Department with a written claim for the return of
any unclaimed property within thirty (30) days of the date of the notice for
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unclaimed property, or five (5) years for abandoned intangible property, the
property shall become the sole property of the Town and any claim of the
owner to such property shall be deemed forfeited.
B. Notice by Publication: Prior to disposition of any unclaimed property
having an estimated value of one thousand dollars ($1,000) or more and
having no known owner or disposition of any abandoned intangible
property, or when the Town has no last known address of the owner, the
Police Department shall cause a notice to be published on the Town's
website. The notice shall include a description of the property and the
estimated value of the property. The notice shall also state that if the owner
fails to provide the Police Department with a written claim within thirty (30)
days of the date of the publication of the notice for unclaimed property, or
five (5) years for abandoned intangible property, the property shall become
the sole property of the Town and any claim of the owner to such property
shall be deemed forfeited.
C. Time Limits:
1. If the Police Department receives no timely written claim, the
property shall become the sole property of the Town and any claim of the
owner to such property shall be deemed forfeited.
2. Any unclaimed property of less than one thousand dollars
($1,000) shall become the sole property of the Town thirty (30) days after it
becomes unclaimed property.
3. Any abandoned intangible property shall become the sole
property of the Town five (5) years after it becomes abandoned intangible
property.
D. Claims: The Police Department shall evaluate each timely written
claim and give written notice within thirty (30) days that the claim has been
accepted or denied in whole or in part. The Police Department may
investigate the validity of the claim and may request further supporting
documentation from the claimant. If there is more than one claimant for the
same property, the Police Department may, in its sole discretion, resolve
said claims, or may file an interpleader action. If any claim is denied, the
property shall become the sole property of the Town and any claim of the
owner of such property shall be deemed forfeited. The Police Department's
decision shall be final, subject only to judicial review as provided by law.
6-2-3: EXEMPTIONS:
Vehicles subject to impoundment are exempt from this Chapter.
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6-2-4: DISPOSITION:
In the event unclaimed property or abandoned intangible property becomes
the property of the Town under this Chapter, or is otherwise deemed
forfeited to the Town, the Police Department may elect to retain the property
for use in the conduct of Town business, may elect to donate the property
to a non-denominational charitable organization serving the citizens of the
Town, or may elect to sell the property at public auction. The sale and
conveyance of any such property is without right of redemption. If no bid is
made for an item offered for sale, it shall remain the property of the Town
and the Town may either retain the property or dispose of it.
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 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 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 5th day of January, 2021 and a
public hearing for second reading of this Ordinance is set for the ___ day of
______________, 2021, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of _______________, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 2, Series
of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the
3rd day of February, 2021.
Witness my hand and seal this 3rd day of February, 2021.
Stephanie Bibbens
Deputy Town Clerk
1
ORDINANCE NO. 2
SERIES 2021
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, CONCERNING FINANCING IMPROVEMENTS TO THE
PUBLIC WORKS FACILITY AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A SITE LEASE, A LEASE PURCHASE AGREEMENT, AND
RELATED DOCUMENTS; AND DECLARING AN EMERGENCY.
WHEREAS, the Town of Vail, Eagle County, Colorado (the “Town”) is a duly
organized and existing home rule municipality of the State of Colorado, created and operating
pursuant to Article XX of the Constitution of the State of Colorado and the home rule charter of the
Town (the “Charter”); and
WHEREAS, the members of the Town Council of the Town (the “Council”) have
been duly elected and qualified; and
WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution and
Section 13.3 of the Charter, the Town is authorized to lease, for such term as Council shall
determine, any real or personal property to or from any person, firm or corporation, public or private,
governmental or otherwise; and
WHEREAS, the Town is the owner of certain land (the “Site”), and the premises,
buildings and improvements situated on the Site as further described in the Lease (hereinafter
defined), which property consists of the Public Works Facility (collectively, the Site and the building
and improvements constructed or to be constructed thereon are referred to as the “Leased Property”);
and
WHEREAS, the Council has determined and now hereby determines that it is in the
best interests of the Town and its inhabitants to finance the construction of an addition and
renovations to the Leased Property for Town purposes (the “Project”); and
WHEREAS, in order to finance the Project, the Council has determined and hereby
determines that it is in the best interests of the Town to lease the Leased Property to Truist Bank (the
“Bank”) pursuant to a Site and Improvement Lease (the “Site Lease”), and to lease such property
back from the Bank pursuant to the terms of a Lease Purchase Agreement (the “Lease”); and
WHEREAS, the Bank will prepay all rental payments due under the Site Lease and
the net proceeds from such rental payment received by the Town will be used by the Town to
finance the Project; and
WHEREAS, pursuant to the Lease, and subject to the right of the Town to annually
terminate the Lease and other limitations as therein provided, the Town will pay certain Rent (as
defined in the Lease) in consideration for the right of the Town to use the Leased Property; and
WHEREAS, the Town’s obligation under the Lease to pay Rent and Additional
Rentals (as defined in the Lease) shall be from year to year only; shall constitute a currently
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budgeted expenditure of the Town; shall not constitute a mandatory charge or requirement in any
ensuing budget year; and shall not constitute a general obligation or other indebtedness or multiple
fiscal year direct or indirect Town debt or other financial obligation of the Town within the meaning
of any constitutional or statutory limitation or requirement concerning the creation of indebtedness
or multiple fiscal year financial obligation, nor a mandatory payment obligation of the Town in any
ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect; and
WHEREAS, the Supplemental Public Securities Act, part 2 of article 57 of title 11,
Colorado Revised Statutes (the “Supplemental Act”), provides that a public entity, including the
Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act
to an issue of securities, including any financial contract; and
WHEREAS, there have been filed with the Town Clerk proposed forms of: (i) the
Site Lease; and (ii) the Lease; and
WHEREAS, no member of the Council has any conflict of interest or is interested in
any pecuniary manner in the transactions contemplated by this ordinance; and
WHEREAS, capitalized terms used herein and not otherwise defined shall have the
meanings set forth in the Lease.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
Section 1. Ratification. All action heretofore taken (not inconsistent with the
provisions of this Ordinance) by the Council or the officers, employees and agents of the Town
related to the Site Lease, the Lease, the selection of the Bank, or directed toward the financing of the
Project and the leasing of the Leased Property is hereby ratified, approved and confirmed.
Section 2. Findings and Authorization. The Council hereby finds and
determines, pursuant to the Constitution and the laws of the State of Colorado, that acquiring the
Project, and financing the costs thereof pursuant to the terms set forth in the Site Lease and the
Lease, including the payment of the costs of execution and delivery of such documents, are
necessary, convenient, and in furtherance of the Town’s purposes and are in the best interests of the
Town and the inhabitants of the Town and the Council hereby authorizes and approves the same.
The Council hereby finds and determines that the Project is advantageous to and in the best interest
of the Town and its citizens and inhabitants.
Section 3. Application of Supplemental Act. The Council hereby elects to
apply all of the provisions of the Supplemental Act to the Site Lease and the Lease, except that it
shall not apply Section 11-57-211 thereof. In connection therewith, the Council hereby delegates to
the Mayor, the Town Manager or the Finance Director of the Town the authority to make any
determination delegable pursuant to Section 11-57-205(1)(a-i) of the Supplemental Act in relation to
the Site Lease and the Lease, and to execute a sale certificate (the “Sale Certificate”) setting forth
such determinations, subject to the following parameters and restrictions:
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(a) the minimum amount of rental payments to be received by the Town from the
Bank pursuant to the Site Lease shall not be less than $15,000,000;
(b) the term of the Site Lease shall not extend beyond December 31, 2045;
(c) the maximum total principal amount of the Rent payable by the Town under
the Lease shall not exceed $15,200,000;
(d) the maximum annual and maximum total repayment of Rent under the Lease
shall not exceed $1,200,000 and $17,400,000 respectively;
(e) the maximum Applicable Rate on the interest component of the Rent under
the Lease shall not exceed 1.76%, provided that this limitation shall not apply
to any increase in the Applicable Rate resulting from the occurrence and
continuation of an Event of Taxability under the Lease; and
(f) the Lease Term shall end no later than December 31, 2035.
The delegation set forth in this Section 3 shall be effective for one year following the date
hereof.
Section 4. Approval and Execution of Lease and Site Lease. The Site Lease
and the Lease, in substantially the forms thereof presented at this meeting of the Council, are in all
respects approved, authorized and confirmed, and the designated officers of the Town are hereby
authorized and directed to execute the Lease and Site Lease in substantially the forms and with
substantially the same contents as presented at this meeting of the Council, for and on behalf of the
Town, with any such changes as the Mayor, the Town Manager or the Town’s Finance Director may
hereafter approve.
Section 5. Authorization to Execute Collateral Documents; Direction to
Officers. The Mayor (or Mayor Pro Tem), the Town Clerk (or her deputy), the Town Manager, the
Finance Director of the Town and other officers, employees and agents of the Town are hereby
authorized and directed to take all action necessary or appropriate to effectuate the provisions of this
Ordinance, including, without limiting the generality of the foregoing, the execution, attestation and
delivery of any document authorized and approved by this Ordinance for and on behalf of the Town;
entering into any agreements necessary or appropriate in connection with the Project; the execution
of such certificates as may be required by the Bank, including the tenure and identity of Town
officials, the absence of litigation, pending or threatened, affecting the Lease and Site Lease, and
performing all other acts that they may deem necessary or appropriate in order to implement and
carry out the transactions and other matters authorized by this Ordinance. The appropriate officers
of the Town are also authorized to execute on behalf of the Town agreements concerning the deposit
and investment of funds in connection with the transactions contemplated by this Ordinance.
The approval hereby given to the various documents referred to above includes an
approval of such additional details therein as may be necessary and appropriate for their completion,
deletions therefrom and additions thereto as may be deemed necessary by the parties thereto in order
to carry out the purposes of this Ordinance and to comply with the terms of the Sale Certificate. The
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execution of any document or instrument by the aforementioned officials or employees of the Town
shall be conclusive evidence of the approval by the Town of such document or instrument in
accordance with the terms hereof and thereof.
Section 6. No General Obligation Debt. No provision of this Ordinance, the
Site Lease or the Lease, shall be construed as creating or constituting a general obligation or other
indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any
constitutional or statutory provision, nor a mandatory charge or requirement against the Town in any
ensuing fiscal year beyond the then current fiscal year. The Town shall have no obligation to make
any Rent payment under the Lease and certain other payments under the Lease, which payments may
be terminated by the Town in accordance with the provisions of the Lease. Neither the Site Lease
nor the Lease shall constitute a mandatory charge or requirement of the Town in any ensuing fiscal
year beyond the then current fiscal year, or constitute or give rise to a general obligation or other
indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any
Charter, constitutional or statutory debt limitation and shall not constitute a multiple fiscal year
direct or indirect Town debt or other financial obligation whatsoever. No provision of the Site Lease
or the Lease shall be construed or interpreted as creating an unlawful delegation of governmental
powers nor as a donation by or a lending of the credit of the Town within the meaning of Sections 1
or 2 of Article XI of the Colorado Constitution. Neither the Site Lease nor the Lease shall directly or
indirectly obligate the Town to make any payments beyond those budgeted and appropriated for the
Town’s then current fiscal year.
Section 7. Reasonableness of Rent. The Council hereby determines and declares
that the Rent due under the Lease, in the maximum amounts authorized pursuant to Section 3 hereof,
constitute the fair rental value of the Leased Property and do not exceed a reasonable amount so as to
place the Town under an economic compulsion to renew the Lease or to exercise its option to
purchase the Bank’s leasehold interest in the Leased Property pursuant to the Lease. The Council
hereby determines and declares that the period during which the Town has an option to purchase the
Bank’s leasehold interest in the Leased Property (i.e., the entire maximum term of the Lease) does
not exceed the useful life of the Leased Property.
The Council hereby further determines that the amount of rental payments to be
received by the Town from the Bank pursuant to the Site Lease, in the minimum amount set forth in
Section 3 hereof, is reasonable consideration for the leasing of the Leased Property to the Bank for
the term of the Site Lease as provided therein.
Section 8. No Recourse Against Members of the Council, Officers or Agents.
Pursuant to Section 11-57-209 of the Supplemental Act, if a member of the Council, or any officer
or agent of the Town acts in good faith, no civil recourse shall be available against such member,
officer, or agent for payment of the Rent. Such recourse shall not be available either directly or
indirectly through the Council or the Town, or otherwise, whether by virtue of any constitution,
statute, rule of law, enforcement of penalty, or otherwise.
Section 9. Repealer. All acts, ordinances and resolutions, or parts thereof, in
conflict with this Ordinance or with any of the documents hereby approved, are hereby rescinded,
annulled and repealed to the extent of such inconsistency. This repealer shall not be construed to
5
revive any act, ordinance or resolution or part thereof, heretofore repealed. All rules of the Council,
if any, which might prevent the final passage and adoption of this Ordinance as an emergency
measure at this meeting of the Council be, and the same hereby are, suspended.
Section 10. Severability. If any section, subsection, paragraph, clause or
provision of this Ordinance or the documents hereby authorized and approved (other than provisions
as to the payment of Rent by the Town during the Lease Term, provisions for the quiet enjoyment of
the Leased Property by the Town during the Lease Term and provisions for the conveyance of the
Leased Property to the Town under the conditions provided in the Lease) shall for any reason be held
to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection,
paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance or
such documents.
Section 11. Electronic Transactions. In the event the Mayor, Mayor Pro Tem,
Town Clerk, Town Manager, Finance Director, or other employee or official of the Town that is
authorized or directed to execute any agreement, document, certificate, instrument or other paper in
accordance with this Ordinance (collectively, the “Authorized Documents”) is not able to be
physically present to manually sign any such Authorized Document, such individual or individuals
are hereby authorized to execute Authorized Documents electronically via facsimile or email
signature. Any electronic signature so affixed to any Authorized Document shall carry the full legal
force and effect of any original, handwritten signature. This provision is made pursuant to Article
71.3 of Title 24, C.R.S., also known as the Uniform Electronic Transactions Act. It is hereby
determined that the transactions described herein may be conducted and related documents may be
stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions
of original executed documents shall be deemed to be authentic and valid counterparts of such
original documents for all purposes, including the filing of any claim, action or suit in the
appropriate court of law.
Section 12. Charter Controls: Pursuant to Article XX of the State Constitution
and the Charter, all State statutes that might otherwise apply in connection with the provisions of this
Ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the
provisions of this Ordinance and the Sale Certificate authorized hereby and such statutes. Any such
inconsistency or conflict is intended by the Council and shall be deemed made pursuant to the
authority of Article XX of the State Constitution and the Charter.
Section 13. Declaration of Emergency: In order to effect the Project in a timely
manner, including the ability to fix interest rates at historically low rates it is hereby declared that an
emergency exists and that this Ordinance is immediately necessary for the preservation of the public
peace, health, safety, and financial well-being of the Town. This Ordinance is hereby declared,
pursuant to Section 5.1(b) of the Charter, exempt from referendum.
Section 14. Effective Date, Recording and Authentication: In accordance with
Section 4.11 of the Charter, this Ordinance shall be in full force and effect immediately upon
enactment following final passage. A true copy of this Ordinance shall be numbered and recorded in
the official records of the Town, authenticated by the signatures of the Mayor and the Town Clerk,
and published in accordance with the Charter and the Town’s municipal code.
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PASSED, APPROVED, AND ADOPTED AS AN EMERGENCY ORDINANCE,
AND ORDERED PUBLISHED IN FULL THIS 2ND DAY OF FEBRUARY, 2021, BY THE
TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO.
TOWN OF VAIL, COLORADO
_______________________________________
Dave Chapin, Mayor
ATTEST:
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 3, Series
of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the
3rd day of February, 2021.
Witness my hand and seal this 3rd day of February, 2021.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 3
Series of 2021
AN ORDINANCE APPROVING A CERTAIN PARCEL OF LAND OWNED BY THE
TOWN OF VAIL AS DESIGNATED OPEN SPACE PURSUANT TO SECTION 13.11 OF
THE VAIL TOWN CHARTER (THE “CHARTER”)
WHEREAS, in 2019 the Town of Vail accepted the donation of a 48.13 acre parcel of
land in the Town of Vail located in East Vail on the south side of Bighorn Road, and legally
described as set forth in Exhibit A, attached hereto and made a part hereof by this
reference (the “Property”);
WHEREAS, consistent with the donation of the Property, and the Charter, The Town
Open Space Board of Trustees has evaluated the Property for the purpose of forwarding
a recommendation to the Town Council as to whether to designate the Property as
Designated Open Space pursuant to Section 13.11 of the Charter; and
WHEREAS, on January 15, 2021 the Open Space Board of Trustees voted
unanimously to recommend to the Town Council that the Property be Designated Open
Space.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The Town Council hereby finds that the Property meets the criteria
for Designated Open Space as set forth in Section 13.11 of the Charter, and hereby
designates the Property as Designated Open Space pursuant to the Charter.
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 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 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 2nd day of February, 2021 and a
public hearing for second reading of this Ordinance is set for the 16th day of February,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 16th day of February, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 3, Series
of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 3rd day of March, 2021.
Witness my hand and seal this 3rd day of March, 2021.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 3
Series of 2021
AN ORDINANCE APPROVING A CERTAIN PARCEL OF LAND OWNED BY THE
TOWN OF VAIL AS DESIGNATED OPEN SPACE PURSUANT TO SECTION 13.11 OF
THE VAIL TOWN CHARTER (THE “CHARTER”)
WHEREAS, in 2019 the Town of Vail accepted the donation of a 48.13 acre parcel of
land in the Town of Vail located in East Vail on the south side of Bighorn Road, and legally
described as set forth in Exhibit A, attached hereto and made a part hereof by this
reference (the “Property”);
WHEREAS, consistent with the donation of the Property, and the Charter, The Town
Open Space Board of Trustees has evaluated the Property for the purpose of forwarding
a recommendation to the Town Council as to whether to designate the Property as
Designated Open Space pursuant to Section 13.11 of the Charter; and
WHEREAS, on January 15, 2021 the Open Space Board of Trustees voted
unanimously to recommend to the Town Council that the Property be Designated Open
Space.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The Town Council hereby finds that the Property meets the criteria
for Designated Open Space as set forth in Section 13.11 of the Charter, and hereby
designates the Property as Designated Open Space pursuant to the Charter.
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 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 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 2nd day of February, 2021 and
a public hearing for second reading of this Ordinance is set for the 16th day of
February, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 2nd day of March, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 4, Series
of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the
3rd day of March, 2021.
Witness my hand and seal this 3rd day of March, 2021.
Stephanie Bibbens
Deputy Town Clerk
2/22/2021
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1
ORDINANCE NO. 4
SERIES 2021
AN ORDINANCE AMENDING TITLE 6 OF THE VAIL TOWN CODE BY
THE ADDITION OF A NEW CHAPTER 4B REGARDING THE SALE OF
DOGS AND CATS BORN OR RAISED IN INHUMANE COMMERCIAL
BREEDING FACILITIES
WHEREAS, the Humane Society of the United States (the "Humane Society") has
determined that puppy and kitten mills are inhumane commercial breeding facilities, which
disregard the animals' physical and emotional health to maximize profits;
WHEREAS, according to the Humane Society, these mills produce animals for
sale, often at retail pet shops;
WHEREAS, the Town Council hereby finds and determines that the sale of dogs
and cats from these mills is an unwholesome business practice and not in the best interest
of the public welfare of the Town; and
WHEREAS, the Town Council finds and determines that this ordinance is
necessary to protect the public health, safety and welfare.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Chapter 4 of Title 6 of the Vail Town Code is hereby amended by the
addition of the following new Article B, to read as follows:
ARTICLE B. SALE OF ANIMALS FROM INHUMANE COMMERCIAL
BREEDING FACILITIES
6-4B-1: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
ANIMAL CARE FACILITY: An animal control center or animal shelter, as
defined in Section 6-4-2 of this Code, maintained by or under contract with
any state, county or municipality, with a mission and practice of, in whole or
significant part, to rescue and place animals in permanent homes.
ANIMAL RESCUE ORGANIZATION: A nonprofit organization with tax-
exempt status under Section 501(c)(3) of the United States Internal
Revenue Code, with a mission or practice, in whole or significant part, to
rescue or place animals in permanent homes.
CAT: As defined in Section 6-4-2 of this Code.
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DOG: As defined in Section 6-4-2 of this Code.
OFFER FOR SALE: To sell, offer for sale or adoption, advertise for sale of,
barter, auction give away or otherwise dispose of a cat or dog.
PET SHOP: A retail establishment where dogs or cats are sold, exchanged,
bartered, or offered for sale as pet animals to the general public at retail,
but excluding an animal care facility or animal rescue organization as
defined in this Chapter.
6-4B-2: PET SHOPS:
A. No pet shop shall sell, deliver, offer for sale, barter, auction or
otherwise dispose of a dog or a cat.
B. A pet shop that offers space for the adoption of dogs or cats shall
post, in a conspicuous location on the enclosure of each such animal, a sign
listing the name of the animal care facility or animal rescue organization
from which the pet shop acquired each dog or cat.
C. It is unlawful for a pet shop to offer for adoption any sick or injured
dog or cat, or to offer for adoption any dog or cat that is so young or weak
that its sale would be injurious to the animal.
6-4B-3: VIOLATION AND PENALTY:
A. It is unlawful for any person to violate any provision of this Article.
Any person convicted of violating any provision of this Article shall be
punished as provided in Section 1-4-1 of this Code, and each day of
violation shall constitute a separate offense.
B. The operation of a pet shop in violation of this Article is declared to
be a public nuisance and is subject to abatement as provided by law. In
any case in which the Town prevails in a nuisance abatement action
initiated pursuant to this Chapter, the Town may recover its reasonable
attorney fees plus costs of the proceeding.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
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Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of March, 2021 and a
public hearing for second reading of this Ordinance set for the 16th day of March, 2021,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 16th day of March, 2021.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 4,Series
of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 7th day of April, 2021.
Witness my hand and seal this 7th day of April, 2021.
Stephanie Bibbens
Deputy Town Clerk
1
ORDINANCE NO. 4
SERIES 2021
AN ORDINANCE AMENDING TITLE 6 OF THE VAIL TOWN CODE BY
THE ADDITION OF A NEW ARTICLE 4B REGARDING PET SHOPS
WHEREAS, the Humane Society of the United States (the "Humane Society") has
determined that puppy and kitten mills are inhumane commercial breeding facilities, which
disregard the animals' physical and emotional health to maximize profits;
WHEREAS, according to the Humane Society, these mills produce animals for
sale, often at retail pet shops;
WHEREAS, the Town Council hereby finds and determines that the sale of dogs
and cats from these mills is an unwholesome business practice and not in the best interest
of the public welfare of the Town;
WHEREAS, the Town Council further finds and determines that the sale of other
animals that are unhealthy or raised in inhumane conditions is also an unwholesome
business practice and not in the best interest of the public welfare of the Town; and
WHEREAS, the Town Council finds and determines that this ordinance is
necessary to protect the public health, safety and welfare.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Chapter 4 of Title 6 of the Vail Town Code is hereby amended by the
addition of the following new Article B, to read as follows:
ARTICLE B. PET SHOPS
6-4B-1: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
ANIMAL: As defined in Section 6-4-2 of this Code.
ANIMAL CARE FACILITY: An animal control center or animal shelter, as
defined in Section 6-4-2 of this Code, maintained by or under contract with
any state, county or municipality, with a mission and practice of, in whole or
significant part, to rescue and place animals in permanent homes.
ANIMAL RESCUE ORGANIZATION: A nonprofit organization with tax-
exempt status under Section 501(c)(3) of the United States Internal
Revenue Code, with a mission or practice, in whole or significant part, to
rescue or place animals in permanent homes.
2
CAT: As defined in Section 6-4-2 of this Code.
DOG: As defined in Section 6-4-2 of this Code.
PET SHOP: A retail establishment where animals are sold, exchanged,
bartered, or offered for sale as pets to the general public at retail, but
excluding an animal care facility or animal rescue organization.
6-4B-2: PET SHOP REGULATIONS:
A. No pet shop shall sell, deliver, offer for sale, barter, auction or
otherwise dispose of a dog or a cat.
B. A pet shop that offers space for the adoption of dogs or cats shall
post, in a conspicuous location on the enclosure of each such animal, a sign
listing the name of the animal care facility or animal rescue organization
from which the pet shop acquired each dog or cat.
C. It is unlawful for a pet shop to offer for adoption any sick or injured
dog or cat, or to offer for adoption any dog or cat that is so young or weak
that its sale would be injurious to the animal.
D. It is unlawful for a pet shop to offer any of the following for sale, barter
or auction: a sick or injured animal; an animal that is so young or weak that
its transfer would be injurious to the animal; or an animal that has been
inhumanely bred or raised.
6-4B-3: VIOLATION AND PENALTY:
A. It is unlawful for any person to violate any provision of this Article.
Any person convicted of violating any provision of this Article shall be
punished as provided in Section 1-4-1 of this Code, and each day of
violation shall constitute a separate offense.
B. The operation of a pet shop in violation of this Article is declared to
be a public nuisance and is subject to abatement as provided by law. In
any case in which the Town prevails in a nuisance abatement action
initiated pursuant to this Chapter, the Town may recover its reasonable
attorney fees plus costs of the proceeding.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
3
Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision, or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of March, 2021 and a
public hearing for second reading of this Ordinance set for the 16th day of March, 2021,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 6th day of April 2021.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 5, Series
of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the
23rd day of March, 2021.
Witness my hand and seal this 23rd day of March, 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 5, Series of 2021
ORDINANCE NO. 5
SERIES OF 2021
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, MARKETING FUND, HEAVY EQUIPMENT FUND AND DISPATCH SERVICES FUND,
OF THE 2021 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 2020 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
17, Series of 2020, adopting the 2021 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 2021 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 1,032,846
Capital Projects Fund 12,851,752
Real Estate Transfer Tax Fund 4,765,020
Housing Fund 6,269,473
Marketing Fund 91,790
Heavy Equipment Fund 154,543
Dispatch Services Fund 342,666
Debt Service Fund (1,200,000)
Interfund Transfers 418,210
Total $ 24,726,300
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 No. 5, Series of 2021
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 16th day of March 2021, and a public hearing shall be held on this Ordinance
on the 6th day of April, 2021, 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:
___________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 5,Series
of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 7th day of April, 2021.
Witness my hand and seal this 7th day of April, 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 5, Series of 2021
ORDINANCE NO. 5
SERIES OF 2021
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND , HOUSING
FUND, MARKETING FUND, HEAVY EQUIPMENT FUND AND DISPATCH SERVICES FUND,
OF THE 2021 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 20 20 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
17, Series of 2020, adopting the 2021 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the T own 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, Colorad o, the Town
Council hereby makes the following budget adjustments for the 2021 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 1,035,346
Capital Projects Fund 12,845,478
Real Estate Transfer Tax Fund 4,790,020
Housing Fund 6,269,473
Marketing Fund 91,790
Heavy Equipment Fund 154,543
Dispatch Services Fund 342,487
Debt Service Fund (1,200,000)
Interfund Transfers 418,210
Total $ 24,747,347
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 rema ining portions of this
ordinance; and the Town Council hereby declares it wou ld have passed this ordinance, and each
Ordinance No. 5, Series of 2021
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phras es be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for th e 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 vir tue of the provision repealed or
repealed and reenacted. The repeal of any provi sion hereby shall not revive any provision or any
ordinance previously repealed or superseded unle ss expressly stated herein.
5. All bylaws, orders, resolutions, and ordinan ces, 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, o r ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 16th day of March 2021, and a public hearing shall be held on this Ordinance
on the 6th day of April, 2021, 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:
___________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READIN G AND ORDERED PUBLISHED IN FULL this
6th day of April.
_____________________________
Dave Chapin, Mayor
ATTEST:
________________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 6, Series
of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the
23rd day of March, 2021.
Witness my hand and seal this 23rd day of March, 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 6, Series of 2021 1
ORDINANCE NO. 6
SERIES 2021
AN ORDINANCE CONVEYING A CERTAIN PARCEL OF LAND TO THE
COLORADO DEPARTMENT (“CDOT”) OF TRANSPORTATION
WHEREAS, the Town wishes to convey a certain portion of land as set forth in
the Warranty Deed (the “Deed’), attached hereto as Exhibit A and made a part hereof
by this reference, to CDOT as to facilitate the South Frontage Road Improvement Project;
and
WHEREAS, the Town Council finds and determines that this ordinance is
necessary to protect the public health, safety and welfare.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. The Town Council hereby approves the Deed in substantially the
same form as attached hereto as Exhibit A, and in a form approved by the Town attorney,
and authorizes the Town Manager to execute all necessary documents to effectuate the
subject conveyance.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of March, 2021 and a
Ordinance No. 6, Series of 2021 2
public hearing for second reading of this Ordinance set for the 6th day of April, 2021, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 6th day of April, 2021.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 6,Series
of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 7th day of April, 2021.
Witness my hand and seal this 7th day of April, 2021.
Stephanie Bibbens
Deputy Town Clerk
1
ORDINANCE NO. 6
SERIES 2021
AN ORDINANCE CONVEYING A CERTAIN PARCEL OF LAND TO THE
COLORADO DEPARTMENT (“CDOT”) OF TRANSPORTATION
WHEREAS, the Town wishes to convey a certain portion of land as set forth in
the Warranty Deed (the “Deed’), attached hereto as Exhibit A and made a part hereof
by this reference, to CDOT as to facilitate the South Frontage Road Improvement Project;
and
WHEREAS, the Town Council finds and determines that this ordinance is
necessary to protect the public health, safety and welfare.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. The Town Council hereby approves the Deed in substantially the
same form as attached hereto as Exhibit A, and in a form approved by the Town attorney,
and authorizes the Town Manager to execute all necessary documents to effectuate the
subject conveyance.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of March, 2021 and a
2
public hearing for second reading of this Ordinance set for the 6th day of April, 2021, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 6th day of April, 2021.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 7,Series
of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the
7th day of April, 2021.
Witness my hand and seal this 7th day of April, 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 7, Series of 2021
ORDINANCE NO. 7
SERIES 2021
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 4 OF THE VAIL
TOWN CODE TO AUTHORIZE THE CREATION OF ENTERTAINMENT
DISTRICTS IN THE TOWN
WHEREAS, pursuant to C.R.S. § 44-3-301(11), with approval of the governing
body, a local licensing authority may allow for the creation of entertainment districts, which
allows consumption of alcohol beverages in common consumption areas;
WHEREAS, the Town Council desires to exercise its local option to allow creation
of entertainment districts with associated common consumption areas in the Town; and
WHEREAS, the Town Council desires to establish the criteria for entertainment
districts and common consumption areas, including application procedures, fees, and
hours of operation for common consumption areas in entertainment district.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 2 of Title 4 of the Vail Town Code is hereby amended by the
addition of a new Section 4-2-7, to read as follows:
4-2-7: ENTERTAINMENT DISTRICTS.
A.Purpose. The purpose of this Section is for the Town to exercise its
local option to allow common consumption areas in the Town by
establishing entertainment districts. The regulations in this Section are in
addition to all other applicable regulations in the Colorado Liquor Code,
Colorado Beer Code and this Code.
B.Definitions. For purposes of this Section, the following terms have
the following meanings:
Common consumption area means an area designed as a common area
located within a designated entertainment district and approved by the Local
Licensing Authority that uses physical barriers to close the area to motor
vehicle traffic and limit pedestrian access.
Entertainment district is defined in C.R.S. § 44-3-103, as amended.
Local Licensing Authority is the authority created by Chapter 5 of Title 3 of
the Vail Town Code.
Promotional association means an association that is incorporated in
Colorado that organizes and promotes entertainment activities within a
2
Ordinance No. 7, Series of 2021
common consumption area and is organized or authorized by two (2) or
more people who own or lease property within an entertainment district.
C. Creation. Entertainment districts shall be approved by resolution of
the Town Council. Following approval of an entertainment district, the Local
Licensing Authority may certify promotional associations to operate
common consumption areas within the entertainment district in which
alcohol beverages may be sold, served and consumed subject to the
requirements of this Code, the Colorado Liquor Code and the Colorado
Beer Code, and conditions set forth in the resolution approving the
entertainment district.
D. Delegation of authority. The Local Licensing Authority hereby
delegates to the Town Clerk the authority to: certify and decertify
promotional associations; designate the location, size, security, and hours
of operation of common consumption areas; and allow attachment of
licensed premises to common consumption areas consistent with this
Section. The Town Clerk may impose reasonable conditions on common
consumption areas, the certification of promotional associations, and the
attachment of licensed premises to common consumption areas.
E. Certification of a promotional association.
1. An application to certify a promotional association shall
include the following minimum information:
a. A copy of the articles of incorporation and bylaws and a list of
all directors and officers of the promotional association. A member
of each licensed premises shall serve as one of the directors on the
board of the promotional association which shall have at least two
(2) licensed premises attached to the common consumption area;
b. A detailed map of the proposed common consumption area,
including without limitation: the location of physical barriers,
entrances and exits, the location of attached licensed premises, and
identification of licensed premises that are adjacent, but not to be
attached to the common consumption area;
c. A security plan, including evidence of training and approval of
personnel, a detailed description of security arrangements and the
approximate location of security personnel within the common
consumption area during operating hours;
d. A list of dates and proposed hours of operation of the common
consumption area;
e. Documentation showing possession of the common
consumption area by the promotional association;
3
Ordinance No. 7, Series of 2021
f. A list of the attached licensees, of which there shall be a
minimum of two (2), listing the following information: liquor license
number; any past liquor violations; and a copy of any operational
agreements;
g. An insurance certificate of general liability and liquor liability
insurance naming the Town as an additional insured in a minimum
amount of two million dollars ($2,000,000.00);
h. Documentation of the reasonable requirements of the
neighborhood and the desires of the adult inhabitants for a common
consumption area, as evidenced by petitions, written testimony or
otherwise; and
i. The application fee established pursuant to Section 3-5-9 of
this Code.
2. Upon certification of a promotional association, the terms and
conditions of the approval shall remain effective until and unless a revised
or amended application is submitted and approved using the same
procedures under which the original application was approved.
3. A certified promotional association shall file an application for
recertification by January 31st of each year, which shall include the
following: all of the information in the original application, plus a copy of any
changes to the articles of incorporation, bylaws or the directors and officers
of the promotional association. Failure to submit a complete application
shall be grounds for the denial of the recertification.
4. An application by a liquor licensee to attach to an existing
common consumption area of a certified promotional association shall
include without limitation:
a. Authorization for attachment from the certified promotional
association;
b. The name of the licensee's designee to sit on the board of
directors of the certified promotional association;
c. Detailed map of the common consumption area showing the
addition of the new licensee including location of physical barriers,
entrances and exits, location of attached licensed premises,
identification of licensed premises that are adjacent but not to be
attached to the common consumption area, approximate location of
security personnel; and
d. An application fee as set by resolution of the Town Council.
4
Ordinance No. 7, Series of 2021
F. Review of applications.
1. Upon receipt of an application for certification or recertification
of a promotional association, or attachment of a liquor licensee to an
existing common consumption area, the Local Licensing Authority shall
review the application for compliance with this Code, the Colorado Liquor
Code, and the Colorado Beer Code, and may either approve the application,
with or without conditions, or may deny the application.
2. The Local Licensing Authority has the power to decertify a
promotional association as authorized by C.R.S. § 44-3-301(11)(c)(III), as
amended.
G. Operational requirements.
1. The size of the common consumption area shall not exceed
the area approved as the entertainment district within which the common
consumption area is located, but may, with approval of the Local Licensing
Authority, be a smaller area within the entertainment district, provided that
the common consumption area is clearly delineated using physical barriers
to close the area to motor vehicle traffic and to limit pedestrian access.
2. The promotional association shall provide an appropriate
amount of security, as determined by the Local Licensing Authority, to
ensure compliance with the Colorado Liquor Code, the Colorado Beer
Code, and to prevent a safety risk to the neighborhood.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would hav e
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
5
Ordinance No. 7, Series of 2021
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 April, 2021 and a public
hearing for second reading of this Ordinance set for the _____ day of ______________,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________________, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
_________________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 7, Series
of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 21st day of April, 2021.
Witness my hand and seal this 21st day of April, 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 7, Series of 2021
ORDINANCE NO. 7
SERIES 2021
AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 4 OF THE VAIL
TOWN CODE TO AUTHORIZE THE CREATION OF ENTERTAINMENT
DISTRICTS IN THE TOWN
WHEREAS, pursuant to C.R.S. § 44-3-301(11), with approval of the governing
body, a local licensing authority may allow for the creation of entertainment districts, which
allows consumption of alcohol beverages in common consumption areas;
WHEREAS, the Town Council desires to exercise its local option to allow creation
of entertainment districts with associated common consumption areas in the Town; and
WHEREAS, the Town Council desires to establish the criteria for entertainment
districts and common consumption areas, including application procedures, fees, and
hours of operation for common consumption areas in entertainment district.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 2 of Title 4 of the Vail Town Code is hereby amended by the
addition of a new Section 4-2-7, to read as follows:
4-2-7: ENTERTAINMENT DISTRICTS.
A. Purpose. The purpose of this Section is for the Town to exercise its
local option to allow common consumption areas in the Town by
establishing entertainment districts. The regulations in this Section are in
addition to all other applicable regulations in the Colorado Liquor Code,
Colorado Beer Code and this Code.
B. Definitions. For purposes of this Section, the following terms have
the following meanings:
Common consumption area means an area designed as a common area
located within a designated entertainment district and approved by the Local
Licensing Authority that uses physical barriers to close the area to motor
vehicle traffic and limit pedestrian access.
Entertainment district is defined in C.R.S. § 44-3-103, as amended.
Local Licensing Authority is the authority created by Chapter 5 of Title 3 of
the Vail Town Code.
Promotional association means an association that is incorporated in
Colorado that organizes and promotes entertainment activities within a
2
Ordinance No. 7, Series of 2021
common consumption area and is organized or authorized by two (2) or
more people who own or lease property within an entertainment district.
C. Creation. Entertainment districts shall be approved by resolution of
the Town Council. Following approval of an entertainment district, the Local
Licensing Authority may certify promotional associations to operate
common consumption areas within the entertainment district in which
alcohol beverages may be sold, served and consumed subject to the
requirements of this Code, the Colorado Liquor Code and the Colorado
Beer Code, and conditions set forth in the resolution approving the
entertainment district.
D. Delegation of authority. The Local Licensing Authority hereby
delegates to the Town Clerk the authority to: certify and decertify
promotional associations; designate the location, size, security, and hours
of operation of common consumption areas; and allow attachment of
licensed premises to common consumption areas consistent with this
Section. The Town Clerk may impose reasonable conditions on common
consumption areas, the certification of promotional associations, and the
attachment of licensed premises to common consumption areas.
E. Certification of a promotional association.
1. An application to certify a promotional association shall
include the following minimum information:
a. A copy of the articles of incorporation and bylaws and a list of
all directors and officers of the promotional association. A member
of each licensed premises shall serve as one of the directors on the
board of the promotional association which shall have at least two
(2) licensed premises attached to the common consumption area;
b. A detailed map of the proposed common consumption area,
including without limitation: the location of physical barriers,
entrances and exits, the location of attached licensed premises, and
identification of licensed premises that are adjacent, but not to be
attached to the common consumption area;
c. A security plan, including evidence of training and approval of
personnel, a detailed description of security arrangements and the
approximate location of security personnel within the common
consumption area during operating hours;
d. A list of dates and proposed hours of operation of the common
consumption area;
e. Documentation showing possession of the common
consumption area by the promotional association;
3
Ordinance No. 7, Series of 2021
f. A list of the attached licensees, of which there shall be a
minimum of two (2), listing the following information: liquor license
number; any past liquor violations; and a copy of any operational
agreements;
g. An insurance certificate of general liability and liquor liability
insurance naming the Town as an additional insured in a minimum
amount of two million dollars ($2,000,000.00);
h. Documentation of the reasonable requirements of the
neighborhood and the desires of the adult inhabitants for a common
consumption area, as evidenced by petitions, written testimony or
otherwise; and
i. The application fee established pursuant to Section 3-5-9 of
this Code.
2. Upon certification of a promotional association, the terms and
conditions of the approval shall remain effective until and unless a revised
or amended application is submitted and approved using the same
procedures under which the original application was approved.
3. A certified promotional association shall file an application for
recertification by January 31st of each year, which shall include the
following: all of the information in the original application, plus a copy of any
changes to the articles of incorporation, bylaws or the directors and officers
of the promotional association. Failure to submit a complete application
shall be grounds for the denial of the recertification.
4. An application by a liquor licensee to attach to an existing
common consumption area of a certified promotional association shall
include without limitation:
a. Authorization for attachment from the certified promotional
association;
b. The name of the licensee's designee to sit on the board of
directors of the certified promotional association;
c. Detailed map of the common consumption area showing the
addition of the new licensee including location of physical barriers,
entrances and exits, location of attached licensed premises,
identification of licensed premises that are adjacent but not to be
attached to the common consumption area, approximate location of
security personnel; and
d. An application fee as set by resolution of the Town Council.
4
Ordinance No. 7, Series of 2021
F. Review of applications.
1. Upon receipt of an application for certification or recertification
of a promotional association, or attachment of a liquor licensee to an
existing common consumption area, the Local Licensing Authority shall
review the application for compliance with this Code, the Colorado Liquor
Code, and the Colorado Beer Code, and may either approve the application,
with or without conditions, or may deny the application.
2. The Local Licensing Authority has the power to decertify a
promotional association as authorized by C.R.S. § 44-3-301(11)(c)(III), as
amended.
G. Operational requirements.
1. The size of the common consumption area shall not exceed
the area approved as the entertainment district within which the common
consumption area is located, but may, with approval of the Local Licensing
Authority, be a smaller area within the entertainment district, provided that
the common consumption area is clearly delineated using physical barriers
to close the area to motor vehicle traffic and to limit pedestrian access.
2. The promotional association shall provide an appropriate
amount of security, as determined by the Local Licensing Authority, to
ensure compliance with the Colorado Liquor Code, the Colorado Beer
Code, and to prevent a safety risk to the neighborhood.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would hav e
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
5
Ordinance No. 7, Series of 2021
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 April, 2021 and a
public hearing for second reading of this Ordinance set for the 20th day of April, 2021, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this 20th day of April, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
_________________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 8,Series
of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the
7th day of April, 2021.
Witness my hand and seal this 7th day of April, 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 8, Series of 2021
ORDINANCE NO. 8
SERIES 2021
AN ORDINANCE AMENDING SECTION 5-1-7(D) OF THE VAIL TOWN
CODE CONCERNING NOISE REGULATIONS IN CERTAIN ZONE
DISTRICTS BETWEEN THE HOURS OF 2:00 P.M. AND 8:00 P.M.
WHEREAS, Town staff has recommended changes to the Vail Town Code to
support the goal of the Town to balance the desire to create entertainment activations in
Vail Village and Lionshead Village while being respectful of the combination of
commercial and residential neighborhoods.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Section 5-1-7(D) of the Vail Town Code is hereby amended to read
as follows:
5-1-7:NOISE PROHIBITED:
** *
D.Allowable Limits: The following shall be the allowable noise limits for
the time periods and zones specified:
Zoning Designation of
Property on Which Source
of Noise is Located
Maximum Number
of Decibels
Permitted from 7:00
a.m. to 11:00 p.m.
Maximum Number of
Decibels Permitted
From 11:00 p.m. to
7:00 a.m.
All residential zones
excepting HDMF
55 decibels 50 decibels
Commercial plus HDMF 65 decibels 60 decibels
Industrial service zones 80 decibels 75 decibels
Zoning Designation of
Property on Which Source
of Noise Is Located
Maximum Number
of Decibels
Permitted from 2:00
p.m. to 8:00 p.m.
Maximum Number of
Decibels Permitted at
All Other Times
Lionshead Mixed Use 1,
Public Accommodation,
Commercial Service
Center, Commercial Core
1, Ski Base/Recreation 2
80 decibels Refer to above table
** *
2
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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 Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision, or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of April, 2021 and a public
hearing for second reading of this Ordinance set for the ___ day of ________________,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_______________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________________, 2021.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 8, Series
of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 21st day of April, 2021.
Witness my hand and seal this 21st day of April, 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 8, Series of 2021
ORDINANCE NO. 8
SERIES 2021
AN ORDINANCE AMENDING SECTION 5-1-7(D) OF THE VAIL TOWN
CODE CONCERNING NOISE REGULATIONS IN CERTAIN ZONE
DISTRICTS BETWEEN THE HOURS OF 2:00 P.M. AND 8:00 P.M.
WHEREAS, Town staff has recommended changes to the Vail Town Code to
support the goal of the Town to balance the desire to create entertainment activations in
Vail Village and Lionshead Village while being respectful of the combination of
commercial and residential neighborhoods.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Section 5-1-7(D) of the Vail Town Code is hereby amended to read
as follows:
5-1-7: NOISE PROHIBITED:
* * *
D. Allowable Limits: The following shall be the allowable noise limits for
the time periods and zones specified:
Zoning Designation of
Property on Which Source
of Noise is Located
Maximum Number
of Decibels
Permitted from 7:00
a.m. to 11:00 p.m.
Maximum Number of
Decibels Permitted
From 11:00 p.m. to
7:00 a.m.
All residential zones
excepting HDMF
55 decibels 50 decibels
Commercial plus HDMF 65 decibels 60 decibels
Industrial service zones 80 decibels 75 decibels
Zoning Designation of
Property on Which Source
of Noise Is Located
Maximum Number
of Decibels
Permitted from 2:00
p.m. to 8:00 p.m.
Maximum Number of
Decibels Permitted at
All Other Times
Lionshead Mixed Use 1,
Public Accommodation,
Commercial Service
Center, Commercial Core
1, Ski Base/Recreation 2
80 decibels Refer to above table
* * *
2
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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 Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision, or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of April, 2021 and a
public hearing for second reading of this Ordinance set for the 20th day of April, 2021, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_______________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this 20th day of April, 2021.
____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 9, Series
of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the
21st day of April, 2021.
Witness my hand and seal this 21st day of April, 2021.
Stephanie Bibbens
Deputy Town Clerk
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ORDINANCE NO. 9
SERIES 2021
AN EMERGENCY ORDINANCE REPEALING ORDINANCE NO. 19,
SERIES 2020, TO ELIMINATE THE REQUIREMENT FOR FACE
COVERINGS IN THE TOWN OF VAIL
WHEREAS, on November 17, 2020, the Town Council adopted Ordinance No. 19,
Series 2020, which required face coverings in the Town of Vail in certain circumstances,
due to the COVID pandemic; and
WHEREAS, the Town Council now wishes to repeal Ordinance No. 19, Series
2020, effective immediately.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Ordinance 19, Series 2020, is hereby repealed in its entirety.
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 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. Repealer. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part
thereof, theretofore repealed.
Section 4. Emergency. Pursuant to § 4.11 of the Vail Town Charter, the Town
Council hereby finds and declares that this ordinance is necessary for the preservation of
the public health, safety and welfare, to provide residents and visitors with immediate
relief from the restrictions previously imposed to prevent the spread of COVID-19.
Section 5. Effective Date. This ordinance shall be effective immediately upon
adoption.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN
FULL this 20th day of April, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 10,
Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 5th day of May, 2021.
Witness my hand and seal this 5th day of May, 2021.
Stephanie Bibbens
Deputy Town Clerk
1
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ORDINANCE NO. 10
SERIES 2021
AN ORDINANCE AMENDING SECTION 7-3D-1 OF THE VAIL TOWN
CODE TO INCREASE THE PENALTIES FOR PARKING VIOLATIONS IN
THE AREA AROUND THE BOOTH LAKE TRAILHEAD
WHEREAS, pursuant to C.R.S. § 42-4-111 and its home rule charter, the Town is
empowered to regulate and restrict the stopping, standing or parking of vehicles within its
jurisdiction; and
WHEREAS, the Town Council finds and determines that increased penalties are
necessary for parking violations in the area around the Booth Lake Trailhead.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Section 7-3D-1(A) of the Vail Town Code is repealed in its entirety
and reenacted as follows, and a new Section 7-3D-1(D) is hereby enacted to read as
follows:
7-3D-1: PENALTIES:
A. Every person who is convicted of, who admits liability for, or against
whom a judgment is entered for a parking violation other than a violation of
Section 7-3C-1 or Section 7-3D-1(C) shall be fined as follows:
First offense: $50.00
Second similar offense within one year: $75.00
Subsequent similar offenses within one year: $150.00
* * *
D. There shall be a special enforcement area surrounding the Booth
Lake Trailhead known as the Booth Lake Trailhead Parking Zone, which
shall include Mann's Ranch Road, Booth Falls Road, Booth Falls Court, and
the 2800 – 3700 block of the North Frontage Road. Every person who is
convicted of, who admits liability for, or against whom a judgment is entered
for a parking violation in the Booth Lake Trailhead Parking Zone shall be
fined as follows:
2
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First offense: $100.00
Second similar offense within one year: $200.00
Subsequent similar offenses within one year: $300.00
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 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 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 4th day of May, 2021 and a public
hearing for second reading of this Ordinance is set for the ____ day of ____________,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ____ day of ________________, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 10,
Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 19th day of May, 2021.
Witness my hand and seal this 19th day of May, 2021.
Stephanie Bibbens
Deputy Town Clerk
1
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ORDINANCE NO. 10
SERIES 2021
AN ORDINANCE AMENDING SECTION 7-3D-1 OF THE VAIL TOWN
CODE TO INCREASE THE PENALTIES FOR PARKING VIOLATIONS IN
THE AREA AROUND THE BOOTH LAKE TRAILHEAD
WHEREAS, pursuant to C.R.S. § 42-4-111 and its home rule charter, the Town is
empowered to regulate and restrict the stopping, standing or parking of vehicles within its
jurisdiction; and
WHEREAS, the Town Council finds and determines that increased penalties are
necessary for parking violations in the area around the Booth Lake Trailhead.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Section 7-3D-1(A) of the Vail Town Code is repealed in its entirety
and reenacted as follows, and a new Section 7-3D-1(D) is hereby enacted to read as
follows:
7-3D-1: PENALTIES:
A. Every person who is convicted of, who admits liability for, or against
whom a judgment is entered for a parking violation other than a violation of
Section 7-3C-1 or Section 7-3D-1(C) shall be fined as follows:
First offense: $50.00
Second similar offense within one year: $75.00
Subsequent similar offenses within one year: $150.00
* * *
D. There shall be a special enforcement area surrounding the Booth
Lake Trailhead known as the Booth Lake Trailhead Parking Zone, which
shall include Mann's Ranch Road, Booth Falls Road, Booth Falls Court, and
the 2800 – 3700 block of the North Frontage Road. Every person who is
convicted of, who admits liability for, or against whom a judgment is entered
for a parking violation in the Booth Lake Trailhead Parking Zone shall be
fined as follows:
2
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First offense: $100.00
Second similar offense within one year: $200.00
Subsequent similar offenses within one year: $300.00
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 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 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 4th day of May, 2021 and a public
hearing for second reading of this Ordinance is set for the ____ day of ____________,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ____ day of ________________, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 11,
Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 19th day of May, 2021.
Witness my hand and seal this 19th day of May, 2021.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 11
Series of 2021
AN ORDINANCE REPEALING AND REENACTING TITLE 11, SIGN REGULATIONS,
VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO ADOPT
UPDATED SIGN REGULATIONS, AND SETTING FORTH DETAILS IN REGARD
THERETO…
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the laws
of the State of Colorado and the Town Charter (the “Charter”);
WHEREAS, the members of the Town Council of the Town (the “Council”) have
been duly elected and qualified;
WHEREAS, the Town has determined that amendments to the Vail Town Code
are necessary to ensure, among other things, that the To wn's sign regulations are
consistent with the U.S. Supreme Court's decision in Reed v. Town of Gilbert, 135 S. Ct.
2218 (2015);
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
held a properly noticed public hearing on the proposed amendment on April 26, 2021 in
accordance with the provisions of the Vail Town Code;
WHEREAS, the Planning and Environmental Commission recommended approval
of these amendments at its April 26, 2021 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 11, Sign 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. Title 11, Sign Regulations, Vail Town Code, is hereby repealed in its
entirety and reenacted to read as follows:
CHAPTER 1: DESCRIPTION, PURPOSE, AND APPLICABILITY
11-1-1: DESCRIPTION:
This title may be cited as the SIGN REGULATIONS for the Town, and shall be
incorporated as title 11 of this code.
11-1-2: PURPOSE:
A. General Purpose: This Title is enacted for the purpose of promoting the health,
safety, and general welfare of the Town of Vail and to promote the coordinated and
harmonious design and placement of signs in the Town in a manner that will
conserve and enhance its natural environment and its established character as a
resort and residential community of the highest quality.
B. Specific Purpose: This Title is intended to achieve the following specific purposes:
1. To describe and enable the fair and consistent enforcement of signs in the Town
of Vail.
2. To encourage the establishment of well designed, creative signs that enhance the
unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment that is aided by
signs that identify, direct, and inform the public.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community.
5. To preserve freedom of expression in the Town of Vail.
C. This Title is not intended to restrict noncommercial speech on the basis of its
content, viewpoint, or message.
11-1-3: APPLICABILITY:
Except as provided elsewhere in this title, the design, placement, and use of any signs
shall be in compliance with all of the regulations specified in this title. All signs in the
Town of Vail are subject to the design guidelines and standards (chapter 5 of this title)
and design review.
11-1-4: SEVERABILITY CLAUSE:
The severability of any section, subsection, sentence, clause or phrase, as set forth in
Section 1-2-4 of this Town Code.
CHAPTER 2: DEFINITIONS
11-2-1: DEFINITIONS ENUMERATED:
ABANDONED SIGN: A sign, and its supporting structure, that has ceased to be used
for the display of sign copy.
ADMINISTRATOR: The director of the department of community development or his/her
designee.
AGGRIEVED PERSON: Any person who will suffer an adverse effect to an interest
protected or furthered by this title. The alleged adverse interest may be shared in
common with other members of the community at large, but shall exceed in degree the
general interest in community good shared by all persons.
ANIMATED SIGN: Any sign or part of a sign that changes physical position by any
movement or rotation or that gives the visual impression of such movement or rotation.
AWNING OR CANOPY: A permanently roofed shelter covering a sidewalk, building
entrance, window, or other outdoor space. This shelter may be wholly or partially
supported by a building, columns, poles, or braces extending from the ground.
BUILDING FRONTAGE: The horizontal, linear dimension of any side of a building that
has a usable public entrance that parallels a major vehicular or pedestrian way or other
major circulation area.
BUILDING IDENTIFICATION SIGN: A sign permitted based on building frontage,
regardless of the number of tenants residing therein.
BUSINESS FRONTAGE: The horizontal, linear dimension of any side of an above
grade level that faces a major vehicular or pedestrian way and has its own public
entrance for the exclusive use of said business.
BUSINESS SIGN: A sign placed on a business frontage, typically as a wall or projecting
sign.
BUSINESS, VACATED: A commercial entity that has been closed and vacated for more
than ninety (90) days without intent to reopen.
CHANGEABLE COPY: A manually operated sign that displays content that can be
easily changed or altered.
CLEARANCE: The vertical distance from existing grade to the lowest hanging point of
any projecting/hanging sign or flag.
CONSTRUCTION SIGN: A temporary sign located on a parcel of property, on which
construction activities of any type are being actively performed.
DIRECTIONAL SIGN: a sign located within five (5) feet of an entrance or exit to a lot, for
any building on the lot, or for parking for the lot.
DISPLAY BOX: A freestanding or wall sign that is enclosed in glass or a similar clear
material on at least one side.
ELECTRONIC MESSAGE CENTER: A sign that contains changing messages or
images composed of electronically illuminated segments and/or a series of grid lights,
including, but not limited to, cathode ray, LED, plasma, LCD, fiber optic, or other
electronic media or technology.
ELECTRONIC SIGN: A sign utilizing video screens, variable message, digital display
and similar features. Illumination sources may include, but are not limited to, LCD, LED,
incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and
alternate periodically.
ERECT: To build, construct, attach, hang, place, mount, suspend, or affix a sign: This
also includes the painting of wall signs, murals or supergraphics.
FINISHED GRADE: The existing level of a property after any development or
construction activity and prior to the erection of a sign.
FIRST FLOOR OR STREET LEVEL: For the purposes of calculating allowable sign
area, first floor or street level shall be any floor, or portion of any floor, of a structure
located at or nearest to (either above or below) the level of the adjacent vehicular or
pedestrian way, as determined by the administrator. More than one floor, or portion of
floors, may be defined as first floor or street level within a single structure.
FLAG: Any fabric or similar lightweight material typically attached to a staff or pole,
which is intended to be permanently affixed to the ground or attached to a building.
FLASHING SIGN: Any directly or indirectly illuminated sign that exhibits changing
natural or artificial light or color effects by any means whatsoever.
FREESTANDING SIGN: A single or multi-faced sign that is detached from a building
and is affixed to a supporting structure or imbedded in and extending from the ground.
GOVERNMENT SIGN: Any sign erected or installed by a Federal, State, County, or
Local government agency.
HEIGHT: For the purposes of this title, the height above existing grade to the highest
part of a sign and its structures, unless otherwise noted or described.
ILLUMINATED SIGN: A sign emitting or reflecting a steady suffused or glowing light.
ILLUMINATION, DIRECT: Lighting by means of an unshielded light source whereby the
light source is directly visible to the viewer.
ILLUMINATION, HALO: An internal light source, that is not visible to the viewer, for a
sign making use of opaque surfaces such that light only shines through the back and
sides of the sign.
ILLUMINATION, INDIRECT: A light source separated from the sign that illuminates the
sign's surface by means of spotlights or similar fixtures with reflective housings that
control and direct light onto the sign area; the indirect light source is not visible to the
viewer.
ILLUMINATION, INTERNAL: A light source that is not directly visible to the viewer and
is within a sign that makes use of a translucent screening; prohib ited in the Town of
Vail, excluding for Government Signs
MASONRY INSCRIPTION: Any text or numeral etched into masonry.
MURAL: A work of art or a painting that is applied to, and made an integral part of, an
exterior wall.
NEIGHBORHOOD SIGN: A sign located within common or jointly owned spaces in a
residential district.
NONCONFORMING SIGN: Any sign that was approved by the Town of Vail, and
erected and maintained prior to the enactment of this title and any amendments thereto,
but that fails to conform to all applicable regulations and restrictions of this title.
OFF PREMISES SIGN: Any sign located on a premise not owned or rented by the
owner of the sign.
OPEN HOUSE: The period of time during which a specific property is actively listed for
sale, as evidenced by such parcel's listing in a multiple listing service or other real
estate listing service, and is open for viewing by potential buyers or renters.
OPEN HOUSE SIGN: A temporary sign used in association with a property conducting
an open house.
PORTABLE SIGN: A sign that is not permanently attached to the ground, a building, or
a structure. This does not include a vehicle mounted sign as defined herein.
PRIVATE WARNING SIGN: A sign designed to warn others of specific dangers or
regulations on the property on which the sign is erected.
PROJECTING SIGN: A sign that is attached to a building, extending horizontally
beyond the surface of the building to which it is attached.
PUBLIC ENTRANCE: An entrance to a building or business that is customarily used or
intended for use by the general public. Fire exits, employee entrances, loading dock
entrances not generally used by the public, French doors that open onto a patio but are
not used as a primary entrance, and other similar entrances shall not be considered
public entrances. A double door shall be counted as one public entrance.
QUANTITY: The number of signs allowed a business or building.
REFLECTIVE SURFACE: Any material or device that has the effect of intensifying
reflected light, including but not limited to, Scotchlite®, Day-Glo®, glass and luminous
paint.
RESIDENTIAL SIGN: A small sign permitted for every residence in the Town of Vail.
SIGN: Any object, device, display, structure, or fixture situated in the public view and
involving graphics, colors, symbols, written copy, or illumination and which is used to
communicate, advertise, draw attention to, or identify an object, person, institution,
organization, business, product, service, event, or location by any means including
words, letters, figures, designs, symbols, fixtures, colors, motion, illumination, or
projected images.
SIGN DISTRICT: Any one of three (3) areas designated by the Town of Vail in this title,
each of which is subject to different standards.
SIGN MAINTENANCE: The replacing, repairing or repainting of a sign and/or its
structure due to ordinary wear and tear, weathering, or accident.
SIGNPOSTS AND POLES: Any vertical upright(s) that supports a freestanding sign,
that is not attached to or braced by any other structure.
SIGN PROGRAM: A master plan designed to show the number and relationship of
signs for any building or cluster of buildings that houses multiple tenants and is
therefore allowed multiple signs.
SIGN STRUCTURE: The supports, uprights, braces, hanging devices, and framework
of a sign.
SITE: As defined in Section 12-2-2 of the Vail Town Code.
SKI BASE AREA: For the purpose of regulating ski base signs, any area within Vail’s
Ski Base Sign District.
SKI BASE SIGN: A sign for use within the Town of Vail’s Ski Base Sign District.
TEMPORARY SIGN: A sign that is intended for a definite and limited period of display
that is not permanently affixed to a structure or sign structure.
THEATER: An establishment for the rehearsal and presentation of performing arts
and/or the showing of movies or motion pictures.
VEHICLE SIGN: A sign that is painted, attached to, or placed on a vehicle or the bed of
a trailer, when the vehicle or trailer is parked on a public right-of-way or public property,
or on private property so as to be visible from a public right-of-way, for the primary
purpose of advertising products or directing people to a business or activity on the same
or nearby premises, excluding a vehicle sign when the vehicle is primarily used for
business purposes other than advertising.
WALL SIGN: A sign that is attached to, painted onto, or erected upon the wall of a
building or structure, with the exposed face of the sign in a plane parallel to the face of
the wall.
WINDOW SIGN: A sign installed upon or within three feet (3') of a window that is visible
from the nearest pedestrian or vehicular way. This term does not include merchandise
displays.
ZONE: A zoning district as described in Title 12, "Zoning Regulations", of this code
(e.g., ABD or CC3). A "zone" is not the equivalent o f a sign "district", as described in this
title.
CHAPTER 3: ADMINISTRATION
11-3-1: ADMINISTRATION OF SIGN REGULATIONS:
A. Administrator:
1. The administrator of this title as defined in section 12-3-1, “Administrator;
Appointment”, of this code.
2. Responsibilities: The administrator, and his/her designees, shall be responsible
for such duties as prescribed in this title and shall be responsible for
enforcement of the sign regulations. The administrator shall have the right to
enter on any site for the purpose of investigation or inspection related to any
provision of this title, provided that the right of entry shall be exercised only at
reasonable hours and that in no case shall any structure be entered in the
absence of the owner or tenant without the written order of a court of competent
jurisdiction.
3. Enforcement: The administrator may serve notice indicating the nature of any
violation, or requiring the removal of any sign or structure in violation of this
title, on the owner or his/her authorized agent, or a tenant, or on any other
person who commits or participates in any violation of this title. The
administrator may call upon the town attorney to institute necessary legal
proceedings and the chief of police and his/her authorized agents to assist in
the enforcement of this title.
B. Design Review Board: The design review board, as established by title 3, chapter 4
of this code, shall be responsible for the duties prescribed in this title, which entail
the review of sign applications.
C. Amendments: The regulations prescribed in this title may be amended or repealed
according to section 12-3-7, "Amendment", of this code.
11-3-2: LIABILITY:
The provisions of this title shall not limit the liability of any person who erects or owns
any sign from personal injury or property damage resulting from the placing of a sign, or
resulting from the negligence or willful acts of such person or his/her agents, employees
or workers, in the construction, maintenance, repair, or removal of any sign erected in
accordance with a permit issued under the provisions of this title. The provisions of this
title shall not impose upon the Town of Vail, its officers, employees, or the design review
board, any responsibility or liability by reason of the approval of any sign.
CHAPTER 4: SIGN APPLICATION PROCEDURES
11-4-1: SUBMITTAL REQUIREMENTS:
Any sign erected within the Town of Vail shall be regulated by this title and is subject to
design review by the staff and/or design review board of the Town of Vail. The following
application requirements must be met for any sign that is to be erected within the Town
of Vail:
A. Sign Application: A sign application for the erection of an individual sign consists of
an application for design review which must be obtained from the Town of Vail's
community development department, properly completed per the instructions, and
returned with the appropriate materials to the staff in order to begin the 2 -phase
review process listed in section 11-4-2 of this chapter.
B. Application Fee: A reasonable application filing fee shall be set by the Vail town
council to include the cost of the Town of Vail administration time and other
expenses involved in the review of the application. The fee shall be paid at the time
that the application is submitted and shall not be refundable.
11-4-2: SIGN APPLICATION REVIEW:
Criteria For Decision: Each sign application is subject to the following two (2) levels of
review: staff review and design review board (DRB) review.
A. Staff Review: The community development department of the Town of Vail shall
accept for review the properly completed sign application.
1. If the staff determines that the sign application unquestionably meets the
standards of this title, including the design guidelines and standards as they are
stated in chapter 5 of this title and the technical requirements as they are stated
in chapters 6 and 7 of this title, staff shall then approve the application. All
applications approved by the staff shall be listed on the next publicly posted
agenda of the design review board.
2. If the staff determines that the sign application meets the standards of this title,
but does not unquestionably meet the design guidelines and standards as they
are stated in chapter 5 of this title and the technical requirements as they are
stated in chapters 6 and 7 of this title, staff will schedule the application for
review by the design review board at their next hearing, held the first and third
Wednesdays of each month.
3. If the staff determines that the sign application does not meet the standards
outlined in this title, including the design guidelines and standards as they are
stated in chapter 5 of this title and the technical requirements as they are stated
in chapters 6 and 7 of this title, staff shall deny the application. Upon denial of
the application based on lack of compliance with any part of this title, the
applicant will be notified of the denial in writing and may submit a new
application to the staff, file an appeal of the staff decision to the design review
board, or file an application for a variance in accordance with chapter 10,
"Variances And Appeals", of this title.
B. Design Review Board Review: The design review board will review all sign
applications scheduled on their agenda by staff, in the required presence of the
applicant or such applicant's representative, to ascertain the proposal's conformance
with the design guidelines and standards as listed in chapter 5 of this title and the
technical requirements as listed in chapters 6 and 7 of this title.
1. Upon determination of compliance with the design guidelines and standards
listed in chapter 5 of this title and the technical requirements as listed in
chapters 6 and 7 of this title, the design review board will approve, or approve
with conditions, the applicant's sign proposal. The applicant will be notified in
writing of the approval and any conditions placed on the approval, and may
then erect the sign according to the approved application.
2. Upon design review board denial of the application based on the design
guidelines and standards listed in chapter 5 of this title and/or the technical
requirements listed in chapters 6 and 7 of this title, the applicant will be notified
in writing of the reasons for denial and may submit a new application to staff
according to the recommendations from the design review board. The applicant
may file an appeal to the town council if he/she chooses not to submit a new
application to staff (see chapter 10, "Variances And Appeals", of this title).
CHAPTER 5: DESIGN GUIDELINES AND STANDARDS; SIGN MEASUREMENT
11-5-1: PURPOSE:
The design guidelines and standards exist to provide direction for signs within the Town
of Vail that enhance local streetscapes and provide aesthetic consistency with both the
built and natural environment. The guidelines and standards are intended to encourage
expression and creativity. The design guidelines make use of the word "should", to
allow for subjectivity and creativity, whereas the design standards make use of the word
"shall", signifying strict interpretation and enforcement. The sign measurement section
exists to ensure that measurement of sign area is properly calculated in order to
facilitate signage that upholds the purpose of this title.
11-5-2: DESIGN GUIDELINES:
Any sign erected within the Town of Vail should:
A. Be consistent with the scale and architecture already present in the Town: Sign
location, configuration, mounting structure, framing design, and size should be
aesthetically harmonious with the mountain setting and the alpine village
atmosphere of the Town.
B. Be compatible with the placement of surrounding signs: Similar signs should not be
placed within close proximity of each other, but should instead incorporate variety
and visual interest within the "view corridor" that they are p laced. Signs shall not
create visual clutter. The staff shall review all proposed signs in the context of
adjacent signage to verify that the sign is appropriately placed.
C. Be composed of predominately natural materials which may include, but are not
limited to, painted, stained, solid, or carved wood; brick; stone; wrought iron or
metals such as copper or brass that have been treated to prevent reflective glare;
nonreflective glass and stained glass; other naturally textured building materials.
Plastic and other synthetic materials that are not naturally textured, such as sign
foam, vinyl or Plexiglas®, are discouraged.
D. Use natural colors:
1. Earth tones: Full spectrum of soil, clay, and metallic colors;
2. Neutrals: Off whites to deep brown and black;
3. Bright colors should be used only as accents.
E. Use creative graphics and lettering: The creative use of depth, relief, shading, three -
dimensional projections and other pleasing textural qualities is generally
encouraged. Three-dimensional projections shall not be calculated as part of total
sign area, but shall be subject to design review.
F. Be surrounded by landscaping: Landscaping, when appropriate, should be designed
in harmony with surrounding natural landforms and native plants (xeriscaping).
G. Use inconspicuous lighting: Lighting should be integrated into the overall design of
the sign, both in color and placement, and should be of no greater illumination than
is necessary to make the sign visible at night. Recessed and indirect light s ources
are encouraged.
11-5-3: DESIGN STANDARDS:
Any sign erected within the Town of Vail shall conform to the following standards:
A. Compatibility: Signs shall be visually compatible with the size of surrounding
structures and other signage and shall not visually dominate the structure or
business to which they belong. The staff shall review all proposed signs in the
context of adjacent signage to verify that the sign is appropriately sized.
B. Colors: Fluorescent, Day-Glo® and neon colors are prohibited, unless the owner of
the sign has a copyright to such color.
C. Reflective Surfaces: Sign surfaces that reflect light are prohibited and shall instead
be comprised of matte or flat finishes.
D. Lighting Fixtures: Lighting shall be white in color. Lights shall not shine or reflect
onto adjacent properties. Internal illumination and fluorescent/neon light sources are
prohibited. All lighting shall be subject to design review.
E. Sign Maintenance: All signs, including their support structures and related fixtures,
shall be kept in good repair; this includes replacement of lighting, repainting when
appropriate, and other actions that contribute to attractive signage. The display
surfaces and hardware of all signs shall be properly painted, finished, or posted at all
times. The glass surfaces on which window signs are affixed shall be well
maintained.
F. Electrical Wiring: Electrical wiring shall be concealed. In addition, all signs that
contain electrical wiring shall be subject to the provisions of the adopted electrical
code of the Town and the electrical components shall bear the label of an approved
testing agency.
G. Wind Pressure And Dead Load Requirements: Any "sign", as defined throughout this
title, shall be designed to withstand wind pressures and shall support dead loads a s
required by the most recent building code (IBC) at the time of construction, as
adopted by the Town of Vail and determined by the chief building official.
H. Placement On Public Property: Signs shall be constructed on private property
outside of the Town right of way and shall not project onto the Town right of way
except when permitted under a licensing agreement or a revocable right of way
permit issued from the Town of Vail.
I. Sign Inspection: Each sign for which a permit is required shall be subject to
inspection by the staff.
11-5-4: SIGN MEASUREMENT:
A. Single Faced Signs: Single faced signs (i.e., awning signs, wall signs) shall be
measured by up to two (2) imaginary polygons enclosing all letters, graphics and
sign base material, including framing, not integrated into the architecture of the
building.
B. Multifaced Signs: When two (2) sign faces are placed back to back and are at no
point more than one foot (1') from one another, the sign area shall be the area of the
larger face. Sign area of all other multifaced signs shall be calculated as the total
area of all sign faces.
C. Window Signs: Window signs shall be measured by the exact square footage of
opaque or translucent materials affixed within three feet (3') of the window.
D. Display Boxes: Display boxes shall be measured by the area of the outside
dimensions of the box, including framing.
E. Brackets And Fixtures: Brackets, fixtures and other means of securing a sign shall
not count towards square footage of signage.
CHAPTER 6: BUSINESS AND BUILDING IDENTIFICATION SIGNS
11-6-1: SIGN DISTRICTS:
A. Sign District 1 (SD 1): All of vail except for property zoned ABD, CC3, and PA-2.
B. Sign District 2 (SD 2): All property zoned ABD, CC3, and PA-2 (West Vail and
Cascade Crossing).
C. Ski Base Overlay Sign District (SBO): Properties that are a part of the Ski Base Sign
Area as defined by the Ski Base Overlay map.
11-6-2: BUSINESS SIGNS:
A. Business Signs:
1. Business signs in sign district 1 (SD 1):
a. Number: Each business shall be allowed one business sign per public
entrance.
b. Area: The allowable area of each business sign shall be up to six (6)
square feet. At the discretion of the design review board.
c. Height: Projecting and awning signs shall have a minimum clearance of
eight feet (8') above pedestrian ways and a minimum clearance of fifteen
feet (15') above vehicular ways. No part of any business sign shall extend
more than twenty-five feet (25') above existing grade.
d. Location: Business signs shall be located on the business frontage .
e. Type Of Sign: Business signs shall not be freestanding.
f. Businesses Not On The First Floor Or Street Level: Businesses not
located on the first floor or street level shall be allowed only one projecting
sign with a maximum area of six (6) square feet; location shall be subject
to design review.
2. Business signs in sign district 2 (SD 2):
a. Number: Each business shall be allowed one (1) business sign per
business frontage with a maximum of three (3) per business.
b. Area: The combined area of allowed business signs is based on the
combined business frontages, and is as follows:
Combined
Business Frontages Total
Sign Area
0 feet – <13 feet 10 square feet
13 feet – <25 feet 14 square feet
25 feet – <50 feet 20 square feet
50 feet – <75 feet 30 square feet
75 feet – <100 feet 40 square feet
100 feet plus 50 square feet
c. Height: Projecting and awning signs shall have a minimum clearance of
eight feet (8') above pedestrianways and a minimum clearance of fifteen
feet (15') above vehicularways. No part of any business sign shall extend
more than twenty-five feet (25') above existing grade.
d. Location: Business signs shall be located on the business frontage.
e. Type Of Sign: Business signs shall not be freestanding.
f. Businesses Not On The First Floor: Businesses not located on the first
floor shall be allowed only one projecting sign with a maximum area of six
(6) square feet; location shall be subject to design review.
B. Display Boxes (SD 1 And SD 2):
1. Number: Each business shall be allowed one display box, per subsection B6
of this section.
2. Area: Display boxes shall not exceed six (6) square feet.
3. Height: The height of the highest part of the display box shall not extend more
than six feet (6') above existing grade.
4. Location: Display boxes shall be located on the business frontage.
5. Type of Sign: Display boxes shall not be freestanding signs.
C. Window Signs (SD 1 And SD 2):
1. Number: The number of window signs is not regulated as long as area
requirements are met.
2. Area: The area of all window signs shall not exceed fifteen percent (15%) of
the area of the window in which they are placed, with a maximum size per
window sign of six (6) square feet. Mullions that are more than twelve inches
(12") wide shall be considered window separators, thereby signifying a separate
"window area".
3. Height: The top of any window sign shall not extend more than twenty -five feet
(25') above existing grade.
4. Special Provisions: Any signs placed inside of a business, within three feet (3')
of a window and visible from the outside shall be counted toward total window
sign area.
11-6-3: BUILDING IDENTIFICATION SIGNS:
A. Description: All building signs shall comply with the regulations listed herein and shall
also be subject to review by the design review board, which reviews signage based on
the criteria in chapter 5 of this title.
The total area allowed for building identification signage in both sign district 1 and sign
district 2 includes the total number of its building signs, each measured differently,
according to the type of building identification sign, and varies according to building
frontage (see following tables).
1. Sign District 1 (SD 1); Allowable Building Identification Sign Area: The linear
frontage of a building shall be measured in the same manner as that of a
business, except that frontages shall not be delineated by inner divisions
between tenant spaces. Building identification signs, unlike business signs, shall
be allowed on building frontages without entrances, as long as that frontage
parallels a major pedestrian or vehicular way.
Building Frontage Allowed Total
Sign Area
10 feet – <50 feet 20 square feet
50 feet – <75 feet 30 square feet
75 feet – <100 feet 40 square feet
100 feet – <150 feet 50 square feet
150 feet – <200 feet 50 square feet
200 feet plus 60 square feet
2. Sign District 2 (SD 2); Allowable Building Identification Sign Area: The linear
frontage of a building shall be measured in the same manner as that of a
business, except that frontages shall not be delineated by inner divisions
between tenant spaces. Building identification signs, unlike business signs, shall
be allowed on building frontages without entrances, as long as that frontage
parallels a major pedestrian or vehicular way.
Building Frontage Allowed Total
Sign Area
10 feet – <50 feet 20 square feet
50 feet – <75 feet 30 square feet
75 feet – <100 feet 40 square feet
100 feet – <150 feet 50 square feet
150 feet – <200 feet 50 square feet
200 feet – <250 feet 60 square feet
250 feet – <300 feet 60 square feet
300 feet – <400 feet 70 square feet
400 feet plus 80 square feet
3. Sign Districts 1 And 2; Types Of Building Identification Signs:
a. Freestanding Signs:
(1) Number: One (1) freestanding sign per building frontage on a
major pedestrian or vehicular way, with a maximum of two (2)
freestanding signs per building.
(2) Area: Freestanding building identification signs shall be subject
to the total sign area requirements of the building frontage tables
listed previously and shall be measured according to the total sign
area.
(3) Height: No part of a freestanding building identification sign shall
be higher than eight feet (8') above existing grade.
(4) Special Provisions: Freestanding signs shall be placed on two
(2) separate building facades facing pedestrian and vehicular ways
and shall be subject to design review. A joint directory sign, though
a type of freestanding sign, shall not count toward the total quantity
of freestanding signs allowed.
b. Wall Mounted Signs:
(1) Number: One (1) sign per building frontage on a major
pedestrian or vehicular way. A maximum of two (2) wall mounted
building identification signs shall be allowed if a building has two (2)
frontages as defined in these regulations.
(2) Area: Wall mounted building identification signs shall be subject
to the total sign area requirements of the building frontage tables
listed previously, and shall be measured according to the size of
the text only.
(3) Height: No part of a wall mounted building identification sign
shall be higher than twenty-five feet (25') above existing grade.
(4) Special Provisions: If using two (2) signs, signs shall be placed
on two (2) separate frontages, subject to design review.
c. Joint Directory Signs:
(1) Number: One (1) joint directory sign per building unless the
building has more than one building frontage (see chapter 2,
"Definitions", of this title) with a combined linear frontage that
exceeds one hundred fifty feet (150'), in which case that building
shall be entitled to two (2) joint directory signs. No building
identification sign, other than a joint directory sign, shall be allowed
for the side of a building that houses a joint directory sign.
(2) Area: Each joint directory sign may contain signage of up to one
(1) square foot per business tenant in a building, and up to three (3)
square feet for the name of the building, placed atop the joint
directory sign.
(3) Height: No part of a joint directory sign shall be higher than eight
feet (8') above existing grade.
(4) Special Provisions: A joint directory sign, though a type of
freestanding sign, shall not count toward the total quantity of
freestanding signs allowed. However, the area of the joint directory
sign shall be included in the total building identification area allowed
according to building frontage. All joint directory signs shall be kept
current according to business turnover.
CHAPTER 7: OTHER SIGNS
11-7-1: FLAGS:
A. Quantity: A maximum of two (2) flags per property.
B. Size: Flags are not to exceed twenty-four (24) square feet in area.
C. Height:
1. Clearance: Flags shall have a minimum clearance of eight feet (8’) when
projecting over public walkways and a minimum clearance of fifteen feet (15’)
when projecting over vehicular streets.
2. No flagpole shall be higher than twenty-five feet (25’) within the Town of Vail.
D. Commercial Flags: Flags used for the advertisement of any business, product, or
service are subject to DRB review.
E. Non-Commercial Flags: Flags not used for the advertisement of any business,
product, or service are exempt from DRB review, unlimited in number, but must conform
to all dimensional standards. Flagpoles and other mounting structures require a building
permit.
F. Special Events: Flags used for the purpose of promoting community activities or the
sponsors thereof shall be exempt from the application procedure described in this title
and shall instead be subject to the requirements associated with acquiring a Special
Events Permit from the Town of Vail.
11-7-2: RESIDENTIAL SIGNS:
A. Size: Size shall not exceed one-half (1/2) square foot per dwelling unit.
B. Height: No part of the sign shall extend above eight feet (8') above existing grade.
C. Number: One (1) sign per dwelling unit.
D. Location: Subject to design review.
E. Design: Wall mounted, freestanding, or projecting/hanging, subject to design review.
F. Lighting: Indirect.
G. Landscaping: Subject to design review.
H. Special Provisions: Structures having three (3) or more living units may have one (1)
exterior residential sign directory, provided that the individual signs of the directory are
of a standard design and size.
11-7-3: NEIGHBORHOOD SIGNS:
A. Description: In all residential zone districts, any property or portion of a property
under common ownership or management shall be allowed additional signage within
the area under common ownership or management. The common space must be
common to more than 4 units to qualify for a neighborhood sign.
B. Number: One (1) sign per curb cut accessing the common space.
C. Area: Combined area of all neighborhood signs shall not exceed twenty (20) square
feet.
D. Height: No part of a neighborhood sign shall extend more than eight feet (8’) above
finished grade.
11-7-4: CONSTRUCTION SIGNS:
A. Area: The area of any construction sign shall not exceed eight (8) square feet.
B. Height: The top of a construction sign shall be no higher than eight feet (8') above
grade.
C. Number: One (1) sign per construction site.
D. Location: Construction signs shall be mounted parallel and flush to the building wall
or construction fence adjacent to the street or major pedestrianway to which the
construction site abuts.
E. Lighting: Not permitted.
F. Type Of Sign: Construction signs shall not be freestanding signs.
G. Display Duration: Construction signs may be displayed upon issuance of the
associated building permit(s) and shall be removed prior to the issuance of a certificate
of occupancy.
H. Construction signs must comply with the current building code adopted by the Town
of Vail and any other relevant state or federal law.
11-7-5: THEATER SIGNS
Theaters and movie/media rental business will be allowed three (3) theater signs in the
front window at any one time. The allowable area of each theater sign may be up to
eight (8) square feet, subject to design review approval.
Theater signs may be electronic signs. When used as a theater sign, the illumination
levels of an electronic sign must be adjusted to the ambient light conditions and be no
brighter than is necessary for clear and adequate visibility. When used as a theater
sign, electronic signs shall not emit light between the hours of eleven o'clock (11:00)
P.M. and seven o'clock (7:00) A.M. the following day.
11-7-6: OPEN HOUSE SIGNS:
A. Number: For each real property that is actively listed for sale, as evidenced by such
parcel's listing in a multiple listing service or other real estate listing service, one (1)
temporary sign is allowed.
B. Location: An Open House Sign is allowed at a street corner on the street from which
the main entrance to the property is accessed. It must be placed in a manner to not
obstruct the flow of traffic or impede in the safe usage of the Right -of-Way.
C. Area: The area of any open house sign shall not exceed three (3) square feet.
D. Height: The height of any open house sign shall not exceed four feet (4’) as
measured from the top of the sign to the grade at the base of the sign.
E. Display Duration: This sign is only allowed during the period of time when the
property is open for viewing to the public without an appointment (aka an “open house”).
Open House Signs may only be displayed between eight o’clock (8:00) A.M. and eight
o’clock (8:00) P.M. on a daily basis.
11-7-7: BALLOONS:
All balloons, regardless of their size, shall be subject to a special events permit.
11-7-8: PUBLIC PARKING AND LOADING SIGNS FOR PRIVATE PROPERTY:
A. Description: A public parking and loading sign is permitted for private properties
which provide "public unstructured parking" or "public parking structures" as defined by
section 12-2-2, "Definitions Of Words And Terms", of this code, with a minimum of
twenty-five (25) parking spaces and/or loading bays for use by the public. These publi c
parking spaces must be above and beyond the requirements of title 12, chapter 10, "Off
Street Parking And Loading", of this code.
1. Number: One (1) sign per public vehicular entrance, unless the administrator
determines fewer or additional signs are necessary to promote the safe and
expedient flow of traffic.
2. Area: The allowable area of any single public parking and loading sign shall
not exceed ten (10) square feet, unless the administrator determines a smaller or
larger area is necessary to promote the safe and expedient flow of traffic.
3. Height: Projecting and awning signs shall have a minimum clearance of eight
feet (8') above pedestrianways and a minimum clearance of fifteen feet (15')
above vehicularways. No part of any public parking or loading signs shall extend
more than twenty-five feet (25') above grade.
4. Location: Subject to design review. Signs may be permitted in the Town's right
of way, subject to subsection 11-5-3I, "Placement On Public Property", of this
title.
5. Type: Awning, freestanding, projecting or wall mounted.
6. Lighting: Subject to design review.
11-7-9: SKI BASE AREA SIGNS:
A. Description: These regulations apply to all signs erected within the ski base areas.
There shall be a sign program addressing the needs of both the winter and summer
seasons. 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 pedestrianways and a minimum clearance of
fifteen feet (15') above vehicularways. 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.
6. Lighting: Subject to design review.
7. Special Provisions: A sign program is required in accordance with the
provisions of chapter 8 of this title.
11-7-10: RESTAURANT SIGNS:
A. Description: Additional signage allowed for all eating and drinking establishments
within the Town of Vail, subject to the following standards.
B. Display Boxes:
1. Number: Each business shall be allowed up to two (2) display boxes per
business frontage, per subsection C5 of this section.
2. Area: Businesses shall be allowed up to six (6) square feet of display box area
per business frontage. No single display box shall exceed six (6) square feet, and
no business frontage shall display more than six (6) square feet of display box
area.
3. Height: The height of the highest part of the display box shall not extend more
than six feet (6') above existing grade.
4. Location: Display boxes shall be displayed on the business frontage.
C. Specials Boards:
1. Number: Businesses shall be allowed one specials board per business
frontage.
2. Area: Specials boards shall not exceed three (3) square feet.
3. Height: The height of the highest part of the specials board shall not extend
more than six feet (6') above existing grade.
4. Location: Specials boards shall be attached to menu boxes, except where the
administrator determines there is a practical difficulty by making the following
findings, in which case the specials board may be attached to a wall or deck
railing on the business frontage:
a. That there exists no ability to attach the specials board to the menu box
in the existing or proposed location of the menu box; and
b. That there exists no ability to relocate the existing or proposed menu
box to a location that meets the requirements of this title, and allows for
attachment of the specials board to the menu box.
11-7-11: ADDITIONAL TEMPORARY SIGNAGE:
A. Description: Each property within the Town of Vail shall be allowed, without a permit,
one (1) additional temporary sign, subject to the following standards.
B. Size: No temporary sign shall not be greater than three (3) square feet in area.
C. Height: No part of a freestanding sign shall extend above four feet (4’) above the
finished grade.
D. Design: Temporary signage falling under this provision shall be freestanding or
window signs.
E. Timeframe: No sign falling under this provision shall be displayed for more than
fourteen (14) days per year. Additional Temporary Signage may only be displayed
between eight o’clock (8:00) A.M. and eight o’clock (8:00) P.M. on a daily basis.
CHAPTER 8: SIGN PROGRAMS
11-8-1: SIGN PROGRAM DESCRIPTION:
The purpose of the sign program is to encourage a comprehensive approach to the
design, size, number, shape, color, and placement of all signs pertaining to a particular
development or building containing a business or group of businesses. A sign program
shall convey an organized, innovative, and unique approach to multiple signs.
11-8-2: CRITERIA:
Sign programs shall be required for all new or demolished/rebuilt multi-family residential
projects and for new or demolished/rebuilt commercial projects. Sign programs may be
required for other significant new developments (e.g., subdivisions, ski base facilities) or
for redevelopment projects at the discretion of the staff. Existing multi -tenant
commercial buildings shall be required to submit a sign program when applying for new
signage. Sign programs shall be subject to the provisions, standards, and guidelines
listed in this title.
11-8-3: SIGN PROGRAM REVIEW:
All sign programs shall be subject to the design review process detailed in chapter 4,
"Sign Application Procedures", of this title.
CHAPTER 9: EXEMPT, PROHIBITED, AND NONCONFORMING SIGNS
11-9-1: EXEMPT SIGNS:
The following signs are exempt from design review, but remain subject to the applicable
requirements of this code, including, but not limited to, the design standards and
guidelines listed in chapter 5 of this title and the maintenance requirements listed in
section 11-11-3 of this title:
A. Memorial signs, dedication plaques, or tablets;
B. Government signs and signs erected by government employees in the course of their
work, including directional signs, to control traffic or for other regulatory purposes;
C. A mural that has received approval by the Art in Public Places Board;
D. Temporary decorations or displays, when they are commonly associated with any
national, local or religious holiday;
E. Temporary or permanent signs erected by public utility companies or construction
companies to warn of dangerous or hazardous conditions;
F. Signage and decorations subject to a Special Event Permit through the Town of Vail;
and
G. Private Warning Signs
11-9-2: PROHIBITED SIGNS:
Unless otherwise allowed by this title, the following signs are prohibited within the Town
of Vail:
A. Animated signs that incorporate the use of movement (aside from natural wind
induced movement) through revolving, rotating, or otherwise moving parts;
B. Signs with the illusion of movement;
C. Signs (or the illumination thereof) that flash, pulse, move, rotate, scintillate, blink,
flicker, or vary in intensity and/or color;
D. Signs that incorporate projected images, emit any sound, or involve the use of live
animals;
E. Any sign for a business or service having been vacated for ninety (90) or more days.
This provision does not apply to permanent signs accessory to seasonal businesses,
provided there is clear intent to continue operation of the business;
F. Any sign or structure that is unsafe or constitutes a hazard to safety for any reason;
G. Any gas filled, illuminated or fiber optic sign that is less than four feet (4') from a
window;
H. Any sign or structure that obstructs ingress to or egress from a required exitway, that
obstructs the view of vehicular traffic entering or exiting a public roadway, or that
creates an unsafe distraction for motor vehicle operators;
I. Any sign that could be confused with an official government sign (such as a traffic
sign) but is not;
J. Any off premises sign that is not otherwise regulated by this title;
K. All billboards;
L. Pennants, banners, and bunting that are not associated with a special event permit;
M. Any dry erase or chalk board not approved by the provisions of this title as a specials
board; and
N. Vehicular signs as defined by this Title.
11-9-3: NONCONFORMING SIGNS:
A. Definition: Any sign erected prior to the enactment of this title and in accord with the
Town of Vail approval process, that does not conform to the provisions set forth herein
(as determined by the administrative procedure listed below), or is located in newly
annexed territory, shall be designated as nonconforming.
B. Continuation Of A Nonconforming Sign: Any sign which has been determined to be
nonconforming may continue in use and operation as a nonconforming sign pending the
following provisions:
1. Any nonconforming sign that is not maintained, at the discretion of the
administrator and according to section 11-2-1 of this title, shall be removed by
the administrator (section 11-11-3 of this title) and shall be replaced as a
conforming sign, in accordance with the regulations in this title.
2. All nonconforming signs shall be brought into conformance with the regulations
in this title at the time that the represented business changes ownership,
provided that the business changes its name and/or offered services, thereby
requiring a new sign, or at the time that the represented business changes its
name and/or services offered, thereby requiring a new sign.
CHAPTER 10: VARIANCES AND APPEALS
11-10-1: VARIANCES:
A. Purpose: A variance from the sign regulations constitutes relief from the strict
interpretation of the standards and may be granted by the planning and environmental
commission (PEC) in cases where there exists a physical limitation that prevents the
existence, placement, or operation of a sign in compliance with the standards of this
title.
B. Application Procedure: An application for a variance from the sign regulations may be
obtained from the community development department. The variance application must
include a sign permit application, the applicant's reasons for requesting a variance, and
a nonrefundable fee determined by the town council as set forth by town ordinances.
The staff shall set a date for a hearing before the planning and environmental
commission once the complete application has been received.
C. Criteria For Approval:
1. Special circumstances or conditions must exist that apply to the land,
buildings, topography, vegetation, sign structures, or other matters on adjacent
lots or within the adjacent right of way, that wou ld substantially restrict the
effectiveness of the sign in question. However, such circumstances must be
unique to the subject site.
2. The applicant shall not have created the circumstances that have necessitated
the variance request.
3. The applicant must demonstrate that the granting of the variance will be in
general harmony with the purposes of this title.
11-10-2: APPEAL OF A VARIANCE:
An appeal to the town council of a planning and environmental commission (PEC)
decision on a sign variance application may be made in accordance with the appeal
process (section 12-3-3 of this code).
CHAPTER 11: VIOLATIONS AND ENFORCEMENT
11-11-1: VIOLATIONS:
A. General Violations: Any sign that is deemed by the administrator to be erected,
structurally altered, extended, moved, or otherwise utilized in violation of any provisions
of this title, is in violation of this title and shall be subject to the procedure for removal as
listed below. Any sign not maintained or kept in good repair, as determined by the
administrator, is in violation of this chapter and shall also be subject to the procedure
listed in section 11-11-2 of this chapter.
B. Sign Violations On Public Property: It shall be unlawful to erect or maintain any sign
in, on, over, or above any land or right of way or on any property belonging to the Town
of Vail without the express permission of the Town. The administrator may summarily
abate a violation of this nature by removing and confiscating any unauthorized sign
without prior notice and may recover the costs incurred in removing any unauthorized
signs from any person who commits, takes part in, or who assists in any such violation.
However, this shall not be deemed to apply to official government notices and notices
posted by governmental officers in the performance of their duties, government signs to
control traffic or for other regulatory purposes, or to identify streets or warn of danger.
Any person who commits, takes part in, or who assists in any such violation, shall be
guilty of a violation of this code and be subject to the provisions of the penalty and costs
subsections (section 11-11-2) of this chapter.
11-11-2: PROCEDURE AND ENFORCEMENT:
A. Notice Of Violation: The administrator shall give written notice of the violation to the
owner, general agent, lessee, or tenant of the building or premises at which such
violation has been committed or to any employee, contractor, or any other person who
commits, takes part in, or assists in any such violation.
B. Penalty: The business, building or premises at which such violation has been
committed and which has been given written notice of the violation, or any person who
commits, takes part in, or who assists in any such violation, shall be subject to penalty
as provided in section 1-4-1, "General Penalty", of this code for each calendar day after
written notice is received that such violation continues. This shall not preclude the
imposition of any other civil or administrative action or sanction. The correction of a
violation of any provision of this title may not restrain imposition of these penalties.
C. Failure To Comply And Town Abatement: If the person in receipt of said written
notice fails to abate said violation so as to comply with the provisions of this title within
the time frame specified in the notice, the administrator shall cause a sign in violation of
the provisions of this title to be altered or removed at the expense of the owner or
person entitled to possession of the property or sign, and shall, upon the determination
of the expenses, certify them to the director of finance of the Town of Vail.
D. Costs: The amount certified by the director of finance to the county treasurer for
collection shall include the actual cost of repair or removal of the sign and the cost of
collection plus fifteen percent (15%) of the sum of said costs, representing penalty.
11-11-3: SIGN MAINTENANCE AND REPAIR ENFORCEMENT:
A. All signs in the Town shall be properly maintained (as defined in section 11 -2-1 of
this title) at all times to the satisfaction of the administrator or they will be repaired or
removed (as defined in section 11-2-1 of this title) by the administrator.
B. The administrator shall have the authority to order through written notice the repair or
removal of a sign and accompanying landscaping when the said sign:
1. Has been found to constitute a violation of this title;
2. Is a hazard to the safety, health, or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence, or abandonment; or
3. Has been damaged beyond fifty percent (50%) of its total area and deemed
poorly maintained by the administrator. The procedure for removal of a sign in
violation is detailed in subsection 11-11-2C of this chapter. The administrator's
decision shall be subject to review by the planning and environmental
commission in accordance with the provisions of the zoning ordinance
(subsection 12-3-3B of this code) and may be appealed by any "aggrieved or
adversely affected person" (as defined in subsection 12-3-3B2 of this code).
Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town
Council finds and determines the following:
1. The text 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
2. The text amendment furthers the general and specific purposes of the zoning
regulations
3. The text amendment promotes the health, safety, morals and the general
welfare of the town and promotes the coordinated and harmonious
development of the town in a manner than conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecuti on 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 here in.
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 May, 2021, and a
public hearing for second reading of this Ordinance set for the 1st day of June, 2021, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
__________________
Dave Chapin, Mayor
ATTEST:
_________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1st
day of June, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 13,
Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 16th day of June, 2021.
Witness my hand and seal this 16th day of June 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 13, Series of 2021
ORDINANCE NO. 13
SERIES OF 2021
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, MARKETING FUND, HEAVY EQUIPMENT FUND AND DISPATCH SERVICES FUND,
OF THE 2021 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 2020 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
17, Series of 2020, adopting the 2021 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 2021 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 321,300
Capital Projects Fund (914,330)
Real Estate Transfer Tax Fund 18,186
Housing Fund 787,400
Marketing Fund 40,000
Heavy Equipment Fund 6,750
Dispatch Services Fund 700
Less Interfund Transfers (40,000)
Total $ 220,006
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. 13, Series of 2021
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 15th day of June 2021, and a public hearing shall be held on this Ordinance
on the 6th day of July, 2021, 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:
___________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 13,
Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 7th day of July, 2021.
Witness my hand and seal this 7th day of July 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 13, Series of 2021
ORDINANCE NO. 13
SERIES OF 2021
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND , HOUSING
FUND, MARKETING FUND, HEAVY EQUIPMENT FUND , DISPATCH SERVICES FUND, AND
RESIDENCES AT MAIN VAIL FUND OF THE 2021 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 20 20 which could not have
been reasonably foreseen or an ticipated by the Town Council at the time it enacted Ordinance No.
17, Series of 2020, adopting the 2021 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the T own 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, Colorad o, the Town
Council hereby makes the following budget adjustments for the 2021 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 342,450
Capital Projects Fund 930,670
Real Estate Transfer Tax Fund 18,186
Housing Fund 787,400
Marketing Fund 40,000
Heavy Equipment Fund 6,750
Dispatch Services Fund 700
Residences at Main Vail Fund 24,752,800
Less Interfund Transfers (1,540,000)
Total $ 25,338,956
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 rema ining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
Ordinance No. 13, Series of 2021
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phras es be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for th e 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 comm enced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provi sion hereby shall not revive any provision or any
ordinance previously repealed or superseded unle ss 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, o r ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 15th day of June 2021, and a public hearing shall be held on this Ordinance
on the 6th day of July, 2021, 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:
___________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READIN G AND ORDERED PUBLISHED IN FULL this
6th day of July.
_____________________________
Dave Chapin, Mayor
ATTEST:
________________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 14,
Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 7th day of July, 2021.
Witness my hand and seal this 7th day of July 2021.
Stephanie Bibbens
Deputy Town Clerk
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ORDINANCE NO. 14
SERIES 2021
AN ORDINANCE AUTHORIZING THE TRANSFER OF CERTAIN
PROPERTY IN THE TOWN'S RIGHT-OF-WAY FOR WEST FOREST
ROAD IN EXCHANGE FOR ALTERNATE PROPERTY, AND
APPROVING THE ASSOCIATED EXCHANGE AGREEMENT, ALL TO
ACCOMMODATE CONSTRUCTION OF TWO RESIDENCES AT 816
WEST FOREST ROAD
WHEREAS, Mexamer Forest Road LLC ("Mexamer") owns the property located at
816 West Forest Road, Vail, Colorado;
WHEREAS, the Town owns the public right-of-way adjacent to West Forest Road;
WHEREAS, Mexamer intends to construct two residences at 816 West Forest
Road, and to allow for access to those residences, Mexamer has requested that the Town
exchange portions of the Town's right-of-way in West Forest Road with portions of what
is now private property;
WHEREAS, the properties being exchanged are of like kind and equal value;
WHEREAS, the property being transferred to the Town is sufficient for the right-of-
way for West Forest Road;
WHEREAS, the Town and Mexamer have negotiated an agreement governing the
exchange of property (the "Exchange Agreement");
WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council
authorize the transfer of real property by ordinance; and
WHEREAS, the Town Council finds and determines that the transfer of the right-
of-way to Mexamer under the terms of the Exchange Agreement is in the best interest of
the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The Exchange Agreement between the Town and Mexamer is
hereby approved in substantially the form attached hereto, subject to approval by the
Town Attorney. Upon such approval, the Town Manager is hereby authorized to execute
the Exchange Agreement on behalf of the Town.
Section 2. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council
hereby authorizes the transfer of certain portions of the Town's right-of-way in West
Forest Road, as more particularly described in the exhibits to the Exchange Agreement,
to Mexamer, in exchange for the receipt of private property from Mexamer, as more
particularly described in the exhibits to the Exchange Agreement. The Town Manager is
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hereby authorized to sign all documents necessary to complete the exchange of such
property, subject to approval of such documents by the Town Attorney.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 5. 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 July, 2021, and a public
hearing for second reading of this Ordinance set for the ___ day of __________, 2021, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
David Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of _____________, 2021.
_____________________________
David Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 14,
Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 21st day of July, 2021.
Witness my hand and seal this 21st day of July 2021.
Stephanie Bibbens
Deputy Town Clerk
1
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C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\8619E263-8B3F-4DCD-A0C7-
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ORDINANCE NO. 14
SERIES 2021
AN ORDINANCE AUTHORIZING THE TRANSFER OF CERTAIN
PROPERTY IN THE TOWN'S RIGHT-OF-WAY FOR WEST FOREST
ROAD IN EXCHANGE FOR ALTERNATE PROPERTY, AND
APPROVING THE ASSOCIATED EXCHANGE AGREEMENT, ALL TO
ACCOMMODATE CONSTRUCTION OF TWO RESIDENCES AT 816
WEST FOREST ROAD
WHEREAS, Mexamer Forest Road LLC ("Mexamer") owns the property located at
816 West Forest Road, Vail, Colorado;
WHEREAS, the Town owns the public right-of-way adjacent to West Forest Road;
WHEREAS, Mexamer intends to construct two residences at 816 West Forest
Road, and to allow for access to those residences, Mexamer has requested that the Town
exchange portions of the Town's right-of-way in West Forest Road with portions of what
is now private property;
WHEREAS, the properties being exchanged are of like kind and equal value;
WHEREAS, the property being transferred to the Town is sufficient for the right-of-
way for West Forest Road;
WHEREAS, the Town and Mexamer have negotiated an agreement governing the
exchange of property (the "Exchange Agreement");
WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council
authorize the transfer of real property by ordinance; and
WHEREAS, the Town Council finds and determines that the transfer of the right-
of-way to Mexamer under the terms of the Exchange Agreement is in the best interest of
the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The Exchange Agreement between the Town and Mexamer is
hereby approved in substantially the form attached hereto, subject to approval by the
Town Attorney. Upon such approval, the Town Manager is hereby authorized to execute
the Exchange Agreement on behalf of the Town.
Section 2. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council
hereby authorizes the transfer of certain portions of the Town's right-of-way in West
Forest Road, as more particularly described in the exhibits to the Exchange Agreement,
to Mexamer, in exchange for the receipt of private property from Mexamer, as more
particularly described in the exhibits to the Exchange Agreement. The Town Manager is
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hereby authorized to sign all documents necessary to complete the exchange of such
property, subject to approval of such documents by the Town Attorney.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 5. 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 July, 2021, and a public
hearing for second reading of this Ordinance set for the ___ day of __________, 2021, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
David Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of _____________, 2021.
_____________________________
David Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 16,
Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 18th day of August, 2021.
Witness my hand and seal this 18th day of August, 2021.
Stephanie Bibbens
Deputy Town Clerk
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ORDINANCE NO. 16
SERIES OF 2021
AN ORDINANCE APPROVING AMENDMENTS TO SPECIAL
DEVELOPMENT DISTRICT NO. 43, HIGHLINE DOUBLE TREE
WHEREAS, TNREF lll Bravo Vail LLC (the "Applicant") owns the real property
more particularly described and depicted in Exhibit A, attached hereto and incorporated
herein by this reference (the "Property");
WHEREAS, the zoning of the Property is subject to Special Development District
No. 43, Highline Double Tree ("SDD 43");
WHEREAS, on March 29, 2021, the Applicant filed an application to amend SDD
43 (the "Application");
WHEREAS, amendments to special development districts are governed by Vail
Town Code § 12-9A-10;
WHEREAS, on July 26, 2021, the Planning and Environmental Commission (the
“PEC”) held a properly-noticed public hearing on the Application, and recommended that
the Town Council approve the Application, subject to certain conditions; and
WHEREAS, on August 17, 2021, the Town Council held a properly-noticed public
hearing on the Application.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Findings. The Town Council, upon reviewing the recommendation
of the Planning Commission, hearing the statements of Town staff, the Applicant and the
public, and giving due consideration to the matter, finds and determines as follows:
a. The amendment to SDD 43 complies with the standards set forth in § 10-
9A-8(A);
b. The amendment to SDD 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;
c. The amendment to SDD 43 is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas; and
d. The amendment to SDD 43 promotes the health, safety, morals, and
general welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community
of the highest quality.
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Section 2. Decision. Based on the foregoing findings, the Town Council hereby
approves the Application and the amendments to SDD 43 contained in the Application,
subject to the Approved Development Plan set forth in Section 3 hereof, the standards
set forth in Section 4 hereof, and the following conditions:
a. Applicant shall obtain the certificate of occupancy for the Employee Housing
Unit ("EHU") building before Applicant requests a certificate of occupancy for the
hotel addition.
b. Applicant shall obtain approval of an associated design review application.
c. Applicant shall obtain approval from Holy Cross to vacate the easement
under the proposed hotel addition before a building permit is issued for the hotel
addition.
d. Applicant shall set aside two three-bedroom units and two one-bedroom
units in the EHU building not to be included in the mitigation bank.
e. Prior to the issuance of a certificate of occupancy, Applicant shall record
deed restrictions with the Eagle County Clerk and Recorder, in a format approved
by the Town Attorney, for the Type III EHUs.
f. Applicant shall provide public art onsite with a value of at least $32,500 and
the installation of the public art shall be completed before Applicant requests a
certificate of occupancy for the hotel addition.
g. The Applicant shall correct plans to meet the comments from the Fire
Department for Phase 1 and Phase 2 prior to the submittal of building permit
applications permit for each phase.
h. Applicant shall update all plan pages to match the latest submission prior to
the submittal for the Design Review Board application for each phase of
development.
i. Construction of Phase 1 shall begin within three years from the date of
adoption of this Ordinance, and construction of Phase 2 shall begin prior to
September 7, 2026.
Section 3. Development Plan. The Approved Development Plan for SDD 43
includes the following plans and materials provided by Pierce Austin Architects and Alpine
Engineering, Inc. dated June 16, 2021:
A1.00 – Cover
A1.01 – Site Data
A1.02 – Exterior Materials – EHU
A1.03 – Shade Analysis
A1.04 – Roof Plan Historic Grade
A1.05 – Roof Plan Finished Grade
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A1.06 – EHU Level 1 / Level 2
A1.07 – EHU Level 3 / Level 4
A1.08 – EHU North
A1.09 – EHU East/West
A1.10 – EHU South
A1.11 – 3D
A1.12 – 3D
A1.13 – 3D
A1.14 – Cover
A1.15 – GRFA Existing Hotel
A1.16 – GRFA Proposed Hotel
A1.17 – GRFA Proposed Dorm Units
A1.18 – Site Data
A1.19 – Site Parking Data
A1.20 – Exterior Materials – Hotel
A1.21 – Shade Analysis
A1.22 – Roof Plan historic Grade
A1.23 – Roof Plan Finished Grade
A1.24 – Existing hotel Level 1
A1.25 – Level 2
A1.26 – Level 3
A1.27 – Level 4
A1.28 – Loft Level
A1.29 – Hotel Addition – Level 1
A1.30 – Hotel Addition – Level 2
A1.31 – Hotel Addition – Level 3
A1.32 – Hotel Addition – Level 4
A1.33 – Double Rooms
A1.34 – Single Room
A1.35 – Proposed North Elevation
A1.36 – Proposed East Elevation
A1.37 – Proposed South Elevation
A1.38 – Proposed West Elevation
A1.39 – 3D
A1.40 – 3D
A1.41 – 3D
A1.42 – 3D
A1.43 – 3D
C1.0 – Civil Notes
C1.1 – Demolition Plan
C1.2 – Site Layout
C2.0 – EHU Building: Grading Plan
C3.0 – Storm Sewer Plan
C4.0 – Utility Plan
C5.0 – Fire Turning Simulation
C6.0 – Erosion Control Plan
C7.0 – Civil Notes
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C7.1 – Demolition Plan
C7.2 – Site Layout
C7.3 – Historical Site Grades
C8.0 – Grading Plan
C8.1 – Grading Plan
C9.0 – Storm Sewer Plan
C10.0 – Utility Plan
C11.0 – Fire Turning Simulation
C12.0 – Erosion Control Plan
L-1 – Phase 1 Landscape Plan
L-2 – Phase 2 Landscape Plan
Section 4. Development Standards. SDD 43 shall be subject to the following
development standards:
a. Permitted Uses – The permitted uses shall be as set forth in the underlying
Public Accommodation 2 zone district.
b. Conditional Uses – The conditional uses shall be as set forth in § 12-7J-3
of the Vail Town Code. A conditional use permit (PEC 21-0019) was approved on
July 26, 2021 to allow commercial floor area between 10% and 15% of the
residential floor area allowed onsite.
c. Density – The number of units shall not exceed the following:
Accommodation Units – 176; Limited Service Lodging Units – 19.
d. Floor Area – The gross residential floor area (GRFA), common area and
commercial square footage shall be as set forth in the Approved Development
Plan. Specifically: GRFA – 77,805 square feet (proposed)/80,000 square feet
(allowed); Retail/Restaurant/Lounge – 8,475 square feet (proposed)/11,670
square feet (allowed); Conference Facilities – 7,666 square feet (gross).
e. Setbacks – Required setbacks shall be as set forth in the Approved
Development Plan: front – 20 feet; sides – 20 feet (except the side setback for the
EHU dumpster enclosure shall be 12 feet); and rear – 20 feet.
f. Height – The maximum building height shall be as set forth in the Approved
Development Plan: 45 feet for flat roofs; and 48 feet for sloped roofs.
g. Site Coverage – The maximum site coverage shall be as set forth in the
Approved Development Plan: site coverage maximum, 40%; and site coverage as
proposed, 36%.
h. Landscaping – The minimum landscape area requirement shall be as set
forth in the Approved Development Plan: landscaping minimum: 30% (including
areas that do not meet the minimum size to qualify as landscaping).
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i. Parking and Loading – The required number of off-street parking spaces
and loading/delivery berths shall be as set forth in the Approved Development
Plan: 175 spaces required; 208 spaces provided. The parking counts are based
on the following parking rates:
Accommodation Unit: 0.7 spaces per unit
Limited Service Lodge Unit: 0.7 spaces per unit
Hotel meeting room space: No parking required
Hotel Restaurant/Bar: No parking required
Hotel Oriented Service or Retail: No parking required
3rd Party Restaurant: 1 space for 120 sq. ft. of seating area
Employee Housing Dorm Unit: 2.5 spaces
Employee Housing Unit: 1.06 spaces per unit.
Section 5. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the 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. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of August, 2021 and a
public hearing for second reading of this Ordinance set for the 7th day of September, 2021,
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in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
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\\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 16-O081821.DOCX
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 7th day of September, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
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Exhibit A
Portions of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing NO. 1
and Lot 1, Vail Das Schone Filing 3
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 16,
Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 8th day of September 2021.
Witness my hand and seal this 8th day of September 2021.
Stephanie Bibbens
Deputy Town Clerk
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ORDINANCE NO. 16
SERIES OF 2021
AN ORDINANCE APPROVING AMENDMENTS TO SPECIAL
DEVELOPMENT DISTRICT NO. 43, HIGHLINE DOUBLE TREE
WHEREAS, TNREF lll Bravo Vail LLC (the "Applicant") owns the real property
more particularly described and depicted in Exhibit A, attached hereto and incorporated
herein by this reference (the "Property");
WHEREAS, the zoning of the Property is subject to Special Development District
No. 43, Highline Double Tree ("SDD 43");
WHEREAS, on March 29, 2021, the Applicant filed an application to amend SDD
43 (the "Application");
WHEREAS, amendments to special development districts are governed by Vail
Town Code § 12-9A-10;
WHEREAS, on July 26, 2021, the Planning and Environmental Commission (the
“PEC”) held a properly-noticed public hearing on the Application, and recommended that
the Town Council approve the Application, subject to certain conditions; and
WHEREAS, on August 17, 2021, the Town Council held a properly-noticed public
hearing on the Application.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Findings. The Town Council, upon reviewing the recommendation
of the Planning Commission, hearing the statements of Town staff, the Applicant and the
public, and giving due consideration to the matter, finds and determines as follows:
a. The amendment to SDD 43 complies with the standards set forth in § 10-
9A-8(A);
b. The amendment to SDD 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;
c. The amendment to SDD 43 is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas; and
d. The amendment to SDD 43 promotes the health, safety, morals, and
general welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community
of the highest quality.
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Section 2. Decision. Based on the foregoing findings, the Town Council hereby
approves the Application and the amendments to SDD 43 contained in the Application,
subject to the Approved Development Plan set forth in Section 3 hereof, the standards
set forth in Section 4 hereof, and the following conditions:
a. Applicant shall obtain the certificate of occupancy for the Employee Housing
Unit ("EHU") building before Applicant requests a certificate of occupancy for the
hotel addition.
b. Applicant shall obtain approval of an associated design review application.
c. Applicant shall obtain approval from Holy Cross to vacate the easement
under the proposed hotel addition before a building permit is issued for the hotel
addition.
d. Applicant shall set aside two three-bedroom units and two one-bedroom
units in the EHU building not to be included in the mitigation bank.
e. Prior to the issuance of a certificate of occupancy, Applicant shall record
deed restrictions with the Eagle County Clerk and Recorder, in a format approved
by the Town Attorney, for the Type III EHUs.
f. Applicant shall provide public art onsite with a value of at least $32,500 and
the installation of the public art shall be completed before Applicant requests a
certificate of occupancy for the hotel addition.
g. The Applicant shall correct plans to meet the comments from the Fire
Department for Phase 1 and Phase 2 prior to the submittal of building permit
applications permit for each phase.
h. Applicant shall update all plan pages to match the latest submission prior to
the submittal for the Design Review Board application for each phase of
development.
i. Construction of Phase 1 shall begin within three years from the date of
adoption of this Ordinance, and construction of Phase 2 shall begin prior to
September 7, 2026.
Section 3. Development Plan. The Approved Development Plan for SDD 43
includes the following plans and materials provided by Pierce Austin Architects and Alpine
Engineering, Inc. dated June 16, 2021:
A1.00 – Cover
A1.01 – Site Data
A1.02 – Exterior Materials – EHU
A1.03 – Shade Analysis
A1.04 – Roof Plan Historic Grade
A1.05 – Roof Plan Finished Grade
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A1.06 – EHU Level 1 / Level 2
A1.07 – EHU Level 3 / Level 4
A1.08 – EHU North
A1.09 – EHU East/West
A1.10 – EHU South
A1.11 – 3D
A1.12 – 3D
A1.13 – 3D
A1.14 – Cover
A1.15 – GRFA Existing Hotel
A1.16 – GRFA Proposed Hotel
A1.17 – GRFA Proposed Dorm Units
A1.18 – Site Data
A1.19 – Site Parking Data
A1.20 – Exterior Materials – Hotel
A1.21 – Shade Analysis
A1.22 – Roof Plan historic Grade
A1.23 – Roof Plan Finished Grade
A1.24 – Existing hotel Level 1
A1.25 – Level 2
A1.26 – Level 3
A1.27 – Level 4
A1.28 – Loft Level
A1.29 – Hotel Addition – Level 1
A1.30 – Hotel Addition – Level 2
A1.31 – Hotel Addition – Level 3
A1.32 – Hotel Addition – Level 4
A1.33 – Double Rooms
A1.34 – Single Room
A1.35 – Proposed North Elevation
A1.36 – Proposed East Elevation
A1.37 – Proposed South Elevation
A1.38 – Proposed West Elevation
A1.39 – 3D
A1.40 – 3D
A1.41 – 3D
A1.42 – 3D
A1.43 – 3D
C1.0 – Civil Notes
C1.1 – Demolition Plan
C1.2 – Site Layout
C2.0 – EHU Building: Grading Plan
C3.0 – Storm Sewer Plan
C4.0 – Utility Plan
C5.0 – Fire Turning Simulation
C6.0 – Erosion Control Plan
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C7.0 – Civil Notes
C7.1 – Demolition Plan
C7.2 – Site Layout
C7.3 – Historical Site Grades
C8.0 – Grading Plan
C8.1 – Grading Plan
C9.0 – Storm Sewer Plan
C10.0 – Utility Plan
C11.0 – Fire Turning Simulation
C12.0 – Erosion Control Plan
L-1 – Phase 1 Landscape Plan
L-2 – Phase 2 Landscape Plan
Section 4. Development Standards. SDD 43 shall be subject to the following
development standards:
a. Permitted Uses – The permitted uses shall be as set forth in the underlying
Public Accommodation 2 zone district.
b. Conditional Uses – The conditional uses shall be as set forth in § 12-7J-3
of the Vail Town Code. A conditional use permit (PEC 21-0019) was approved on
July 26, 2021 to allow commercial floor area between 10% and 15% of the
residential floor area allowed onsite.
c. Density – The number of units shall not exceed the following:
Accommodation Units – 176; Limited Service Lodging Units – 19.
d. Floor Area – The gross residential floor area (GRFA), common area and
commercial square footage shall be as set forth in the Approved Development
Plan. Specifically: GRFA – 77,805 square feet (proposed)/80,000 square feet
(allowed); Retail/Restaurant/Lounge – 8,475 square feet (proposed)/11,670
square feet (allowed); Conference Facilities – 7,666 square feet (gross).
e. Setbacks – Required setbacks shall be as set forth in the Approved
Development Plan: front – 20 feet; sides – 20 feet (except the side setback for the
EHU dumpster enclosure shall be 12 feet); and rear – 20 feet.
f. Height – The maximum building height shall be as set forth in the Approved
Development Plan: 45 feet for flat roofs; and 48 feet for sloped roofs.
g. Site Coverage – The maximum site coverage shall be as set forth in the
Approved Development Plan: site coverage maximum, 40%; and site coverage as
proposed, 36%.
h. Landscaping – The minimum landscape area requirement shall be as set
forth in the Approved Development Plan: landscaping minimum: 30% (including
areas that do not meet the minimum size to qualify as landscaping).
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i. Parking and Loading – The required number of off-street parking spaces
and loading/delivery berths shall be as set forth in the Approved Development
Plan: 175 spaces required; 208 spaces provided. The parking counts are based
on the following parking rates:
Accommodation Unit: 0.7 spaces per unit
Limited Service Lodge Unit: 0.7 spaces per unit
Hotel meeting room space: No parking required
Hotel Restaurant/Bar: No parking required
Hotel Oriented Service or Retail: No parking required
3rd Party Restaurant: 1 space for 120 sq. ft. of seating area
Employee Housing Dorm Unit: 2.5 spaces
Employee Housing Unit: 1.06 spaces per unit.
Section 5. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the 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. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of August, 2021 and a
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public hearing for second reading of this Ordinance set for the 7th day of September, 2021,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
7
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 7th day of September, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
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Exhibit A
Portions of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing NO. 1
and Lot 1, Vail Das Schone Filing 3
CHAMONIX LNN FRO NTA G E RD WCHAMONIX RDI 70 WestboundI 70 EastboundLOWERTRAVERSEWAYUPPERTRAVERSEWAYGARMISCHD R
I70OFF-RAMP(173W ESTBOUND)S FRONTAGE RD WI 70 ON-RAMP (173 EASTBOUND)N FRONTAGE RD WI
Subject Property
0 50 10025
Feet
H i g h l i n e - A D o u b l e t r e e H o t e lHighline - A D o u b l e t r e e H o t e lSpecial D e v e l o p m e n t D i s t r i c t A m e n d m e n t - P E C 2 1 -0 0 1 8Special D e v e l o p m e n t D i s t r i c t A m e n d m e n t - P E C 2 1 -0 0 1 8Conditional U s e P e r m i t - P E C 2 1 -0 0 1 9Conditional U s e P e r m i t - P E C 2 1 -0 0 1 9Minor S u b d i v i s i o n - P E C 2 1 -0 0 3 0Minor S u b d i v i s i o n - P E C 2 1 -0 0 3 02211 N o r t h F r o n t a g e R o a d W e s t2211 N o r t h F r o n t a g e R o a d W e s tLot 1 , V a i l D a s S c h o n e F i l i n g 3Lot 1 , V a i l D a s S c h o n e F i l i n g 3
This map was crea te d b y th e Town of Va il Community Deve lo pmen t Depa rtment. Use o f th is ma p sho uld b e fo r gen era l pu rp oses o nly.
The Town o f Vail do es not warran t the accuracy o f the in fo rmation co ntained he rein.
(whe re shown, parcel lin e w ork is ap pro ximate)
Last Modified: July 14, 2021
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 17,
Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 18th day of August, 2021.
Witness my hand and seal this 18th day of August 2021.
Stephanie Bibbens
Deputy Town Clerk
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ORDINANCE NO. 17
SERIES OF 2021
AN ORDINANCE REZONING VAIL VILLAGE FILING 1, BLOCK 5, LOTS
1-6 FROM HIGH DENSITY MULTIPLE-FAMILY (HDMF) TO THE VAIL
VILLAGE TOWNHOUSE (VVT) DISTRICT
WHEREAS, Vail Townhouse Condominiums Property Owners Association (the
"Applicant") owns the real property more particularly described and depicted in Exhibit
A, attached hereto and incorporated herein by this reference (the "Property");
WHEREAS, on June 25, 2021, the Applicant filed an application to rezone the
Property from High Density Multiple-Family (HDMF) to Vail Village Townhouse (VVT) (the
"Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for
rezoning;
WHEREAS, on July 26, 2021, the Planning and Environmental Commission (the
“PEC”) held a properly-noticed public hearing on the Application, and recommended that
the Town Council approve the Application; and
WHEREAS, on August 17, 2021, the Town Council held a properly-noticed public
hearing on the Application.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council, upon reviewing the recommendation of the
Planning Commission, hearing the statements of Town staff, the Applicant and the public,
and giving due consideration to the matter, finds and determines as follows:
a. The rezoning 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;
b. The rezoning is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
c. The rezoning promotes the health, safety, morals, and general welfare of
the Town and promote the coordinated and harmonious development of the Town
in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest quality.
Section 2. Based on the foregoing findings, the Town Council hereby approves
the Application and rezones the Property from High Density Multiple-Family (HDMF)
District to Vail Village Townhouse (VVT).
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of August, 2021 and a
public hearing for second reading of this Ordinance set for the 7th day of September, 2021,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 7th day of September, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
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EXHIBIT A
Vail Village Filing 1 Block 5 Lots 1-6
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 17,
Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 8th day of September 2021.
Witness my hand and seal this 8th day of September 2021.
Stephanie Bibbens
Deputy Town Clerk
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ORDINANCE NO. 17
SERIES OF 2021
AN ORDINANCE REZONING VAIL VILLAGE FILING 1, BLOCK 5, LOTS
1-6 FROM HIGH DENSITY MULTIPLE-FAMILY (HDMF) TO THE VAIL
VILLAGE TOWNHOUSE (VVT) DISTRICT
WHEREAS, Vail Townhouse Condominiums Property Owners Association (the
"Applicant") owns the real property more particularly described and depicted in Exhibit
A, attached hereto and incorporated herein by this reference (the "Property");
WHEREAS, on June 25, 2021, the Applicant filed an application to rezone the
Property from High Density Multiple-Family (HDMF) to Vail Village Townhouse (VVT) (the
"Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for
rezoning;
WHEREAS, on July 26, 2021, the Planning and Environmental Commission (the
“PEC”) held a properly-noticed public hearing on the Application, and recommended that
the Town Council approve the Application; and
WHEREAS, on August 17, 2021, the Town Council held a properly-noticed public
hearing on the Application.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council, upon reviewing the recommendation of the
Planning Commission, hearing the statements of Town staff, the Applicant and the public,
and giving due consideration to the matter, finds and determines as follows:
a. The rezoning 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;
b. The rezoning is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
c. The rezoning promotes the health, safety, morals, and general welfare of
the Town and promote the coordinated and harmonious development of the Town
in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest quality.
Section 2. Based on the foregoing findings, the Town Council hereby approves
the Application and rezones the Property from High Density Multiple-Family (HDMF)
District to Vail Village Townhouse (VVT).
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of August, 2021 and a
public hearing for second reading of this Ordinance set for the 7th day of September, 2021,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 7th day of September, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
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EXHIBIT A
Vail Village Filing 1 Block 5 Lots 1-6
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 18,
Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 8th day of September 2021.
Witness my hand and seal this 8th day of September 2021.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 18
SERIES 2021
AN ORDINANCE CONCERNING THE RESIDENCES AT
MAIN VAIL AND IN CONNECTION THEREWTITH
AUTHORIZING THE PROJECT, THE LEASING OF CERTAIN
TOWN PROPERTY, AND THE EXECUTION AND DELIVERY
OF A SITE LEASE, A LEASE PURCHASE AGREEMENT, AND
OTHER DOCUMENTS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
Section 1. Recitals.
A. The Town of Vail, in Eagle County, Colorado (the “Town”), is a duly
organized and existing home rule municipality of the State of Colorado (the “State”), created and
operating pursuant to Article XX of the State Constitution and the Town’s Home Rule Charter (the
“Charter”).
B. Pursuant to Article XX, Section 6 of the Colorado Constitution and
Section 13.3 of the Charter, the Town is authorized to lease, for such term as Council shall
determine, any real or personal property to or from any person, firm or corporation, public or
private, governmental or otherwise.
C. The Town owns vacant real property described as Lot 3, Middle
Creek Subdivision (the “Property”).
D. Because the demand for workforce housing in the Town exceeds the
supply, the Council hereby determines that it is in the public interest and is a public purpose for the
Town to finance the acquisition, construction, installation, equipping of the Residences at Main
Vail, a deed restricted, for rent workforce housing project on the Property, including any legally
permitted costs and expenditures in connection therewith, all for public purposes, and as authorized
by law (the “Project”).
E. The Council hereby determines that it is in the best interests of the
Town and its inhabitants that the Town lease the Property pursuant to a Site Lease (the “Site Lease”)
between the Town, as lessor, and U.S. Bank National Association, as lessee (the “Trustee”) and
lease back the Trustee’s interest in the Property pursuant to the terms of a Lease Purchase
Agreement (the “Lease”) between the Trustee, as lessor, and the Town, as lessee.
F. The Trustee will execute and deliver an Indenture of Trust (the
“Indenture”) pursuant to which there will be executed and delivered certain certificates of
participation (the “Certificates”) dated as of their date of delivery, that shall evidence proportionate
interests in the right to receive certain revenues including rental payments made by the Town under
the Lease.
2
G. The Town’s obligation under the Lease to pay Base Rentals and
Additional Rentals (as each is defined in the Lease) will be from year to year only; will constitute
a currently budgeted expenditure of the Town; will not constitute a mandatory charge or
requirement in any ensuing budget year; and will not constitute a general obligation or other
indebtedness or multiple fiscal year direct or indirect Town debt or other financial obligation of the
Town within the meaning of any constitutional, statutory, or Charter limitation or requirement
concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a mandatory
payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the
Lease shall be in effect.
H. The Supplemental Public Securities Act, part 2 of article 57 of title
11, Colorado Revised Statutes (the “Supplemental Act”), provides that a public entity, including
the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental
Act to an issue of securities.
I. No member of the Council has any conflict of interest or is interested
in any pecuniary manner in the transactions contemplated by this ordinance
J. There have been filed with the Town Clerk proposed forms of: (i)
the Site Lease; (ii) the Lease; (iii) the Preliminary Official Statement (the “Preliminary Official
Statement”)and (iv) a Continuing Disclosure Certificate (the “Continuing Disclosure Certificate”)
to be delivered by the Town.
K. Capitalized terms used herein and not otherwise defined shall have
the meanings set forth in the Lease and the Site Lease
Section 2. Ratification and Approval of Prior Actions. All action heretofore
taken (not inconsistent with the provisions of this ordinance) by the Council or the officers, agents,
or employees of the Council or the Town relating to the Site Lease, the Lease, the implementation
of the Project, and the execution and delivery of the Certificates is hereby ratified, approved and
confirmed.
Section 3. Finding of Best Interests. The Council hereby finds and determines,
pursuant to the Constitution and laws of the State and the Charter, that the implementation of the
Project pursuant to the terms set forth in the Site Lease, the Lease, and the Indenture are necessary,
convenient, and in furtherance of the Town’s purposes and are in the best interests of the
inhabitants of the Town and that the fair value of the Property does not exceed its Purchase Option
Price (as defined in the Lease), and the Council hereby authorizes and approves the same.
Section 4. Supplemental Act Election; Parameters. The Council hereby elects
to apply all of the provisions of the Supplemental Act to the Lease, the Site Lease, and the
Certificates, and in connection therewith delegates to the Mayor, any other member of the Council,
the Town Manager, or the Finance Director the independent authority to make any determination
delegable pursuant to Section 11-57-205(1)(a-i), Colorado Revised Statutes, in relation to the
Lease and the Site Lease, and to execute a sale certificate (the “Sale Certificate”) setting forth such
determinations, including without limitation, the term of the Site Lease, the rental amount to be
3
paid by the Trustee pursuant to the Site Lease, the term of the Lease and the rental amount to be
paid by the Town pursuant to the Lease, subject to the following parameters and restrictions:
(a) the Site Lease Term shall end no later than December 31, 2061;
(b) the Lease Term shall end no later than December 31, 2051;
(c) the maximum annual repayment cost of Base Rentals payable by the Town
shall not exceed $1,450,000, and the total repayment cost shall not exceed $38,000,000;
(d) the aggregate principal amount of the Base Rentals payable by the Town
under the Lease with respect to the Certificates shall not exceed $25,325,000;
(e) the purchase price of the Certificates shall not be less than 98% of the
aggregate principal amount; and
(f) the maximum net effective interest rate on the interest component of the
Base Rentals relating to the Certificates shall not exceed 4.00%.
Pursuant to Section 11-57-205 of the Supplemental Act, the Council hereby
delegates to each of the Mayor, the Town Manager or the Finance Director the authority to
acknowledge the Indenture and any contract for the purchase of the Certificates between the
Trustee and the Purchaser, and to execute any agreement or agreements in connection therewith.
In addition, each of the Mayor, the Town Manager or the Finance Director is hereby authorized to
independently determine if obtaining an insurance policy for all or a portion of the Certificates is
in the best interests of the Town, and if so, to select an insurer to issue an insurance policy, execute
a commitment relating to the same and execute any related documents or agreements required by
such commitment. Each of the Mayor, the Town Manager, or the Finance Director is also hereby
authorized to determine if obtaining a reserve fund insurance policy for the Certificates is in the
best interests of the Town, and if so, to select a surety provider to issue a reserve fund insurance
policy and execute any related documents or agreements required by such commitment.
Section 5. Approval of Documents. The Site Lease, the Lease, and the
Continuing Disclosure Certificate are in all respects approved, authorized, and confirmed, and the
Mayor of the Town is hereby authorized and directed for and on behalf of the Town to execute
and deliver such documents in substantially the forms and with substantially the same contents as
the proposed forms of such documents on file with the Town Clerk, with such changes as may
hereafter be approved by the Mayor, the Town Attorney, or the Town Manager.
Section 6. Official Statement. The Town Manager or the Finance Director are
each independently authorized to prepare or cause to be prepared, and the Mayor is authorized and
directed to approve, on behalf of the Town, and execute a final Official Statement for use in
connection with the offering and sale of the Certificates in substantially the form of the Preliminary
Official Statement, but with such amendments, additions, and deletions as are in accordance with
the facts and not inconsistent herewith. The execution of a final Official Statement by the Mayor
shall be conclusively deemed to evidence the approval of the form and contents thereof by the
Town. The distribution of the Preliminary Official Statement and the final Official Statement to
4
all interested persons in connection with the sale of the Certificates is hereby ratified, approved
and authorized.
Section 7. Authorization to Execute Collateral Documents. The Mayor, the
Town Manager, the Finance Director, and other appropriate officials or employees of the Town
are hereby authorized to execute and deliver for and on behalf of the Town any and all certificates,
documents, instruments, and other papers and to perform all other acts that they deem necessary
or appropriate, in order to implement and carry out the transactions and other matters authorized
by this ordinance. The Town Clerk is hereby authorized and directed to attest all signatures and
acts of any official of the Town, if so required by any documents in connection with the matters
authorized by this ordinance. The appropriate officers of the Town are authorized to execute on
behalf of the Town agreements concerning the deposit and investment of funds in connection with
the transactions contemplated by this ordinance. The execution of any instrument by the
aforementioned officers or members of the Council shall be conclusive evidence of the approval
by the Town of such instrument in accordance with the terms hereof and thereof.
Section 8. No General Obligation Debt. No provision of this ordinance, the
Lease, the Indenture, the Continuing Disclosure Certificate, the Certificates or the Official
Statement shall be construed as creating or constituting a general obligation or other indebtedness
or multiple fiscal year financial obligation of the Town within the meaning of any constitutional,
statutory, or Charter provision, nor a mandatory charge or requirement against the Town in any
ensuing fiscal year beyond the then current fiscal year. The Town shall not have any obligation to
make any payment with respect to the Certificates except in connection with the payment of the
Base Rentals and certain other payments under the Lease, which payments may be terminated by
the Town in accordance with the provisions of the Lease. Neither the Lease nor the Certificates
shall constitute a mandatory charge or requirement of the Town in any ensuing fiscal year beyond
the then current fiscal year or constitute or give rise to a general obligation or other indebtedness
or multiple fiscal year financial obligation of the Town within the meaning of any constitutional,
statutory or Charter debt limitation and shall not constitute a multiple fiscal year direct or indirect
Town debt or other financial obligation whatsoever. No provision of the Lease or the Certificates
shall be construed or interpreted as creating an unlawful delegation of governmental powers nor
as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of
Article XI of the State Constitution. Neither the Lease nor the Certificates shall directly or
indirectly obligate the Town to make any payments beyond those budgeted and appropriated for
the Town’s then current fiscal year.
Section 9. Reasonableness of Rentals. The Council hereby determines and
declares that the Base Rentals do not exceed a reasonable amount so as to place the Town under
an economic compulsion to renew the Lease or to exercise its option to purchase the Property
pursuant to the Lease. The Council hereby determines and declares that the period during which
the Town has an option to purchase the Property (i.e., the entire maximum term of the Lease) does
not exceed the remaining useful life of the Property.
Section 10. No Recourse against Officers and Agents. Pursuant to Section 11-
57-209 of the Supplemental Act, if a member of the Council, or any officer or agent of the Town
acts in good faith, no civil recourse shall be available against such member, officer, or agent for
payment of the principal, interest or prior redemption premiums on the Certificates. Such recourse
5
shall not be available either directly or indirectly through the Council or the Town, or otherwise,
whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise.
By the acceptance of the Certificates and as a part of the consideration of their sale or purchase,
any person purchasing or selling such certificate specifically waives any such recourse.
Section 11. Charter Controls. Pursuant to Article XX of the State Constitution
and the Charter, all State statutes that might otherwise apply in connection with the provisions of
this ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the
provisions of this ordinance and the Sale Certificate authorized hereby and such statutes. Any
such inconsistency or conflict is intended by the Council and shall be deemed made pursuant to
the authority of Article XX of the State Constitution and the Charter.
Section 12. Repealer. All bylaws, orders, resolutions and ordinances of the
Town, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such
inconsistency. This repealer shall not be construed to revive any other such bylaw, order,
resolution or ordinance of the Town, or part thereof, heretofore repealed.
Section 13. Severability. If any section, subsection, paragraph, clause, or other
provision of this ordinance for any reason is held to be invalid or unenforceable, the invalidity or
unenforceability of such section, subsection, paragraph, clause, or other provision shall not affect
any of the remaining provisions of this ordinance, the intent being that the same are severable.
Section 14. Effective Date, Recording and Authentication. A true copy of this
ordinance shall be numbered and recorded in the official records of the Town, authenticated by the
signatures of the Mayor and the Town Clerk, and published in accordance with the Charter and
the Town’s municipal code. In accordance with Section 4.9 of the Charter, this ordinance shall be
in full force and effect five days after final publication.
INTRODUCED, READ BY TITLE, APPROVED ON FIRST READING AND
ORDERED TO BE PUBLISHED IN FULL WITH NOTICE OF PUBLIC HEARING THIS
7TH DAY OF SEPTEMBER, 2021. A copy of this ordinance is available for inspection in the
office of the Town Clerk.
ATTEST: TOWN OF VAIL, COLORADO
_______________________________ ___________________________________
Tammy Nagel, Town Clerk Dave Chapin, Mayor
(SEAL)
6
INTRODUCED A SECOND TIME, READ BY TITLE, APPROVED ON
SECOND READING FOLLOWING A PUBLIC HEARING, AND ORDERED TO BE
PUBLISHED BY TITLE THIS 21ST DAY OF SEPTEMBER, 2021. A copy of this ordinance is
available for inspection in the office of the Town Clerk.
ATTEST: TOWN OF VAIL, COLORADO
_______________________________ ___________________________________
Tammy Nagel, Town Clerk Dave Chapin, Mayor
(SEAL)
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 18,
Series of 2021, Second Reading, on the Town of Vail’s web site,
www.vailgov.com, on the 22nd day of September, 2021.
Witness my hand and seal this 22nd day of September, 2021.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 18
SERIES 2021
AN ORDINANCE CONCERNING THE RESIDENCES AT
MAIN VAIL AND IN CONNECTION THEREWTITH
AUTHORIZING THE PROJECT, THE LEASING OF CERTAIN
TOWN PROPERTY, AND THE EXECUTION AND DELIVERY
OF A SITE LEASE, A LEASE PURCHASE AGREEMENT, AND
OTHER DOCUMENTS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
Section 1. Recitals.
A. The Town of Vail, in Eagle County, Colorado (the “Town”), is a duly
organized and existing home rule municipality of the State of Colorado (the “State”), created and
operating pursuant to Article XX of the State Constitution and the Town’s Home Rule Charter (the
“Charter”).
B. Pursuant to Article XX, Section 6 of the Colorado Constitution and
Section 13.3 of the Charter, the Town is authorized to lease, for such term as Council shall
determine, any real or personal property to or from any person, firm or corporation, public or
private, governmental or otherwise.
C. The Town owns vacant real property described as Lot 3, Middle
Creek Subdivision (the “Property”).
D. Because the demand for workforce housing in the Town exceeds the
supply, the Council hereby determines that it is in the public interest and is a public purpose for the
Town to finance the acquisition, construction, installation, equipping of the Residences at Main
Vail, a deed restricted, for rent workforce housing project on the Property, including any legally
permitted costs and expenditures in connection therewith, all for public purposes, and as authorized
by law (the “Project”).
E. The Council hereby determines that it is in the best interests of the
Town and its inhabitants that the Town lease the Property pursuant to a Site Lease (the “Site Lease”)
between the Town, as lessor, and U.S. Bank National Association, as lessee (the “Trustee”) and
lease back the Trustee’s interest in the Property pursuant to the terms of a Lease Purchase
Agreement (the “Lease”) between the Trustee, as lessor, and the Town, as lessee.
F. The Trustee will execute and deliver an Indenture of Trust (the
“Indenture”) pursuant to which there will be executed and delivered certain certificates of
participation (the “Certificates”) dated as of their date of delivery, that shall evidence proportionate
interests in the right to receive certain revenues including rental payments made by the Town under
the Lease.
2
G. The Town’s obligation under the Lease to pay Base Rentals and
Additional Rentals (as each is defined in the Lease) will be from year to year only; will constitute
a currently budgeted expenditure of the Town; will not constitute a mandatory charge or
requirement in any ensuing budget year; and will not constitute a general obligation or other
indebtedness or multiple fiscal year direct or indirect Town debt or other financial obligation of the
Town within the meaning of any constitutional, statutory, or Charter limitation or requirement
concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a mandatory
payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the
Lease shall be in effect.
H. The Supplemental Public Securities Act, part 2 of article 57 of title
11, Colorado Revised Statutes (the “Supplemental Act”), provides that a public entity, including
the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental
Act to an issue of securities.
I. No member of the Council has any conflict of interest or is interested
in any pecuniary manner in the transactions contemplated by this ordinance
J. There have been filed with the Town Clerk proposed forms of: (i)
the Site Lease; (ii) the Lease; (iii) the Preliminary Official Statement (the “Preliminary Official
Statement”)and (iv) a Continuing Disclosure Certificate (the “Continuing Disclosure Certificate”)
to be delivered by the Town.
K. Capitalized terms used herein and not otherwise defined shall have
the meanings set forth in the Lease and the Site Lease
Section 2. Ratification and Approval of Prior Actions. All action heretofore
taken (not inconsistent with the provisions of this ordinance) by the Council or the officers, agents,
or employees of the Council or the Town relating to the Site Lease, the Lease, the implementation
of the Project, and the execution and delivery of the Certificates is hereby ratified, approved and
confirmed.
Section 3. Finding of Best Interests. The Council hereby finds and determines,
pursuant to the Constitution and laws of the State and the Charter, that the implementation of the
Project pursuant to the terms set forth in the Site Lease, the Lease, and the Indenture are necessary,
convenient, and in furtherance of the Town’s purposes and are in the best interests of the
inhabitants of the Town and that the fair value of the Property does not exceed its Purchase Option
Price (as defined in the Lease), and the Council hereby authorizes and approves the same.
Section 4. Supplemental Act Election; Parameters. The Council hereby elects
to apply all of the provisions of the Supplemental Act to the Lease, the Site Lease, and the
Certificates, and in connection therewith delegates to the Mayor, any other member of the Council,
the Town Manager, or the Finance Director the independent authority to make any determination
delegable pursuant to Section 11-57-205(1)(a-i), Colorado Revised Statutes, in relation to the
Lease and the Site Lease, and to execute a sale certificate (the “Sale Certificate”) setting forth such
determinations, including without limitation, the term of the Site Lease, the rental amount to be
3
paid by the Trustee pursuant to the Site Lease, the term of the Lease and the rental amount to be
paid by the Town pursuant to the Lease, subject to the following parameters and restrictions:
(a) the Site Lease Term shall end no later than December 31, 2061;
(b) the Lease Term shall end no later than December 31, 2051;
(c) the maximum annual repayment cost of Base Rentals payable by the Town
shall not exceed $1,450,000, and the total repayment cost shall not exceed $38,000,000;
(d) the aggregate principal amount of the Base Rentals payable by the Town
under the Lease with respect to the Certificates shall not exceed $25,325,000;
(e) the purchase price of the Certificates shall not be less than 98% of the
aggregate principal amount; and
(f) the maximum net effective interest rate on the interest component of the
Base Rentals relating to the Certificates shall not exceed 4.00%.
Pursuant to Section 11-57-205 of the Supplemental Act, the Council hereby
delegates to each of the Mayor, the Town Manager or the Finance Director the authority to
acknowledge the Indenture and any contract for the purchase of the Certificates between the
Trustee and the Purchaser, and to execute any agreement or agreements in connection therewith.
In addition, each of the Mayor, the Town Manager or the Finance Director is hereby authorized to
independently determine if obtaining an insurance policy for all or a portion of the Certificates is
in the best interests of the Town, and if so, to select an insurer to issue an insurance policy, execute
a commitment relating to the same and execute any related documents or agreements required by
such commitment. Each of the Mayor, the Town Manager, or the Finance Director is also hereby
authorized to determine if obtaining a reserve fund insurance policy for the Certificates is in the
best interests of the Town, and if so, to select a surety provider to issue a reserve fund insurance
policy and execute any related documents or agreements required by such commitment.
Section 5. Approval of Documents. The Site Lease, the Lease, and the
Continuing Disclosure Certificate are in all respects approved, authorized, and confirmed, and the
Mayor of the Town is hereby authorized and directed for and on behalf of the Town to execute
and deliver such documents in substantially the forms and with substantially the same contents as
the proposed forms of such documents on file with the Town Clerk, with such changes as may
hereafter be approved by the Mayor, the Town Attorney, or the Town Manager.
Section 6. Official Statement. The Town Manager or the Finance Director are
each independently authorized to prepare or cause to be prepared, and the Mayor is authorized and
directed to approve, on behalf of the Town, and execute a final Official Statement for use in
connection with the offering and sale of the Certificates in substantially the form of the Preliminary
Official Statement, but with such amendments, additions, and deletions as are in accordance with
the facts and not inconsistent herewith. The execution of a final Official Statement by the Mayor
shall be conclusively deemed to evidence the approval of the form and contents thereof by the
Town. The distribution of the Preliminary Official Statement and the final Official Statement to
4
all interested persons in connection with the sale of the Certificates is hereby ratified, approved
and authorized.
Section 7. Authorization to Execute Collateral Documents. The Mayor, the
Town Manager, the Finance Director, and other appropriate officials or employees of the Town
are hereby authorized to execute and deliver for and on behalf of the Town any and all certificates,
documents, instruments, and other papers and to perform all other acts that they deem necessary
or appropriate, in order to implement and carry out the transactions and other matters authorized
by this ordinance. The Town Clerk is hereby authorized and directed to attest all signatures and
acts of any official of the Town, if so required by any documents in connection with the matters
authorized by this ordinance. The appropriate officers of the Town are authorized to execute on
behalf of the Town agreements concerning the deposit and investment of funds in connection with
the transactions contemplated by this ordinance. The execution of any instrument by the
aforementioned officers or members of the Council shall be conclusive evidence of the approval
by the Town of such instrument in accordance with the terms hereof and thereof.
Section 8. No General Obligation Debt. No provision of this ordinance, the
Lease, the Indenture, the Continuing Disclosure Certificate, the Certificates or the Official
Statement shall be construed as creating or constituting a general obligation or other indebtedness
or multiple fiscal year financial obligation of the Town within the meaning of any constitutional,
statutory, or Charter provision, nor a mandatory charge or requirement against the Town in any
ensuing fiscal year beyond the then current fiscal year. The Town shall not have any obligation to
make any payment with respect to the Certificates except in connection with the payment of the
Base Rentals and certain other payments under the Lease, which payments may be terminated by
the Town in accordance with the provisions of the Lease. Neither the Lease nor the Certificates
shall constitute a mandatory charge or requirement of the Town in any ensuing fiscal year beyond
the then current fiscal year or constitute or give rise to a general obligation or other indebtedness
or multiple fiscal year financial obligation of the Town within the meaning of any constitutional,
statutory or Charter debt limitation and shall not constitute a multiple fiscal year direct or indirect
Town debt or other financial obligation whatsoever. No provision of the Lease or the Certificates
shall be construed or interpreted as creating an unlawful delegation of governmental powers nor
as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of
Article XI of the State Constitution. Neither the Lease nor the Certificates shall directly or
indirectly obligate the Town to make any payments beyond those budgeted and appropriated for
the Town’s then current fiscal year.
Section 9. Reasonableness of Rentals. The Council hereby determines and
declares that the Base Rentals do not exceed a reasonable amount so as to place the Town under
an economic compulsion to renew the Lease or to exercise its option to purchase the Property
pursuant to the Lease. The Council hereby determines and declares that the period during which
the Town has an option to purchase the Property (i.e., the entire maximum term of the Lease) does
not exceed the remaining useful life of the Property.
Section 10. No Recourse against Officers and Agents. Pursuant to Section 11-
57-209 of the Supplemental Act, if a member of the Council, or any officer or agent of the Town
acts in good faith, no civil recourse shall be available against such member, officer, or agent for
payment of the principal, interest or prior redemption premiums on the Certificates. Such recourse
5
shall not be available either directly or indirectly through the Council or the Town, or otherwise,
whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise.
By the acceptance of the Certificates and as a part of the consideration of their sale or purchase,
any person purchasing or selling such certificate specifically waives any such recourse.
Section 11. Charter Controls. Pursuant to Article XX of the State Constitution
and the Charter, all State statutes that might otherwise apply in connection with the provisions of
this ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the
provisions of this ordinance and the Sale Certificate authorized hereby and such statutes. Any
such inconsistency or conflict is intended by the Council and shall be deemed made pursuant to
the authority of Article XX of the State Constitution and the Charter.
Section 12. Repealer. All bylaws, orders, resolutions and ordinances of the
Town, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such
inconsistency. This repealer shall not be construed to revive any other such bylaw, order,
resolution or ordinance of the Town, or part thereof, heretofore repealed.
Section 13. Severability. If any section, subsection, paragraph, clause, or other
provision of this ordinance for any reason is held to be invalid or unenforceable, the invalidity or
unenforceability of such section, subsection, paragraph, clause, or other provision shall not affect
any of the remaining provisions of this ordinance, the intent being that the same are severable.
Section 14. Effective Date, Recording and Authentication. A true copy of this
ordinance shall be numbered and recorded in the official records of the Town, authenticated by the
signatures of the Mayor and the Town Clerk, and published in accordance with the Charter and
the Town’s municipal code. In accordance with Section 4.9 of the Charter, this ordinance shall be
in full force and effect five days after final publication.
INTRODUCED, READ BY TITLE, APPROVED ON FIRST READING AND
ORDERED TO BE PUBLISHED IN FULL WITH NOTICE OF PUBLIC HEARING THIS
7TH DAY OF SEPTEMBER, 2021. A copy of this ordinance is available for inspection in the
office of the Town Clerk.
ATTEST: TOWN OF VAIL, COLORADO
_______________________________ ___________________________________
Tammy Nagel, Town Clerk Dave Chapin, Mayor
(SEAL)
6
INTRODUCED A SECOND TIME, READ BY TITLE, APPROVED ON
SECOND READING FOLLOWING A PUBLIC HEARING, AND ORDERED TO BE
PUBLISHED BY TITLE THIS 21ST DAY OF SEPTEMBER, 2021. A copy of this ordinance is
available for inspection in the office of the Town Clerk.
ATTEST: TOWN OF VAIL, COLORADO
_______________________________ ___________________________________
Tammy Nagel, Town Clerk Dave Chapin, Mayor
(SEAL)
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 19,
Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 8th day of September 2021.
Witness my hand and seal this 8th day of September 2021.
Stephanie Bibbens
Deputy Town Clerk
9/8/2021
\\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\DISMOUNT ZONES-O090821.DOCX
ORDINANCE NO. 19
SERIES 2021
AN ORDINANCE AMENDING TITLE 7 OF THE VAIL TOWN CODE TO
PERMIT THE TOWN TO DESIGNATE DISMOUNT ZONES
WHEREAS, to prevent collisions with pedestrians, the Town has determined that
Title 7 of the Vail Town Code should be amended to permit the Town to create dismount
zones for bicycles and other vehicles in certain areas of the Town.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Section 7-4-1 of the Vail Town Code is hereby amended by the
addition of the following definitions:
LIGHTWEIGHT ELECTRIC VEHICLE: Any device capable of moving itself,
or of being moved, from place to place upon a wheel or wheels that is
powered by a battery and weighing less than fifty (50) pounds, including
without limitation an electric scooter, an electric skateboard, an electric
unicycle, and a self-balancing single-wheel electric personal transport
board.
NON-MOTORIZED VEHICLE: Any wheeled vehicle used for transporting
a person, other than a bicycle or electric assisted bicycle, which is not
propelled by a motor or engine, including without limitation roller skates,
skateboards, and roller skis.
Section 2. Chapter 2B of Title 7 of the Vail Town Code is hereby amended by
the addition of a new Section 7-2B-6, to read as follows:
7-2B-6: DISMOUNT ZONES:
A. It is unlawful for any person to drive, ride or operate a bicycle, electric
assisted bicycle, lightweight electric vehicle, or non-motorized vehicle in any
area posted as a dismount zone by a traffic control sign, except for licensed
or authorized pedicabs, as defined in Section 7-5-7 of this Code.
B. Violations of this Section shall be subject to the following penalties:
First offense: $50.00
Second offense: $75.00
Subsequent offenses: Penalties set forth in Section 1-4-1 of this Code.
Section 3. If any part, section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
2
9/8/2021
\\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\DISMOUNT ZONES-O090821.DOCX
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses, or phrases be declared invalid.
Section 4. The amendment of any provision of the 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 repeal
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of September, 2021 and
a public hearing for second reading of this Ordinance is set for the 21st day of September,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of September, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 19,
Series of 2021, Second Reading, on the Town of Vail’s web site,
www.vailgov.com, on the 22nd day of September, 2021.
Witness my hand and seal this 22nd day of September, 2021.
Stephanie Bibbens
Deputy Town Clerk
9/22/2021
\\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\DISMOUNT ZONES-O090821.DOCX
ORDINANCE NO. 19
SERIES 2021
AN ORDINANCE AMENDING TITLE 7 OF THE VAIL TOWN CODE TO
PERMIT THE TOWN TO DESIGNATE DISMOUNT ZONES
WHEREAS, to prevent collisions with pedestrians, the Town has determined that
Title 7 of the Vail Town Code should be amended to permit the Town to create dismount
zones for bicycles and other vehicles in certain areas of the Town.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Section 7-4-1 of the Vail Town Code is hereby amended by the
addition of the following definitions:
LIGHTWEIGHT ELECTRIC VEHICLE: Any device capable of moving itself,
or of being moved, from place to place upon a wheel or wheels that is
powered by a battery and weighing less than fifty (50) pounds, including
without limitation an electric scooter, an electric skateboard, an electric
unicycle, and a self-balancing single-wheel electric personal transport
board.
NON-MOTORIZED VEHICLE: Any wheeled vehicle used for transporting
a person, other than a bicycle or electric assisted bicycle, which is not
propelled by a motor or engine, including without limitation roller skates,
skateboards, and roller skis.
Section 2. Chapter 2B of Title 7 of the Vail Town Code is hereby amended by
the addition of a new Section 7-2B-6, to read as follows:
7-2B-6: DISMOUNT ZONES:
A. It is unlawful for any person to drive, ride or operate a bicycle, electric
assisted bicycle, lightweight electric vehicle, or non-motorized vehicle in any
area posted as a dismount zone by a traffic control sign, except for licensed
or authorized pedicabs, as defined in Section 7-5-7 of this Code.
B. Violations of this Section shall be subject to the following penalties:
First offense: $50.00
Second offense: $75.00
Subsequent offenses: Penalties set forth in Section 1-4-1 of this Code.
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
2
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phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses, or phrases be declared invalid.
Section 4. The amendment of any provision of the 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 repeal
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of September, 2021 and
a public hearing for second reading of this Ordinance is set for the 21st day of September,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of September, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy 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 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 6th day of October 2021.
Witness my hand and seal this 6th day of October 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 20, Series of 2021
ORDINANCE NO. 20
SERIES 2021
AN ORDINANCE AMENDING TITLE 7 CHAPTER 8 OF THE VAIL TOWN
CODE REGARDING LOW-SPEED ELECTRIC VEHICLES IN VAIL
VILLAGE
WHEREAS, the Town desires to increase the safety of pedestrian traffic, improve
the guest experience, and provide for the efficient delivery of goods in Vail Village.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 7-8-4(B) of the Vail Town Code is hereby amended as
follows:
7-8-4: DESIGNATED AREAS:
* * *
B. LSEVs: A LSEV may be operated upon any public street in the Town where
the posted speed limit is thirty five (35) miles per hour or less except as provided
in Section 7-8-6 and Ordinance No. 14, Series 1978 (the "Pedestrian Mall
Ordinance").
* * *
Section 2. Section 7-8-6(B) of the Vail Town Code is hereby amended as
follows:
7-8-6: PROHIBITIONS:
* * *
B. The following acts are prohibited in the operation of LSEVs:
1. Traveling on any dedicated recreation path or sidewalk not
specifically permitted by this Chapter.
2. Traveling on any roadway not specifically permitted by this Chapter.
3. Operating a LSEV on a State highway in the Town, except that a
LSEV may be operated to directly cross a State highway that has a speed
limit greater than thirty-five (35) miles per hour at an at-grade crossing to
continue traveling along a roadway with a speed limit equal to or less than
thirty-five (35) miles per hour.
4. Operating a LSEV for the purpose of transporting or delivering goods
in the areas designated as pedestrian malls under the Pedestrian Mall
Ordinance No. 20, Series of 2021
Ordinance, except pursuant to a written agreement with the Town expressly
authorizing the operator to provide such services.
* * *
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the 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 21st day of September, 2021 and
a public hearing for second reading of this Ordinance set for the 5th day of October, 2021,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
Ordinance No. 20, Series of 2021
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 5th day of October, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy 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 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 20th day of October 2021.
Witness my hand and seal this 20th day of October 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 20, Series of 2021
ORDINANCE NO. 20
SERIES 2021
AN ORDINANCE AMENDING TITLE 7 CHAPTER 8 OF THE VAIL TOWN
CODE REGARDING LOW-SPEED ELECTRIC VEHICLES IN VAIL
VILLAGE
WHEREAS, the Town desires to increase the safety of pedestrian traffic, improve
the guest experience, and provide for the efficient delivery of goods in Vail Village.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 7-8-4(B) of the Vail Town Code is hereby amended as
follows:
7-8-4: DESIGNATED AREAS:
** *
B.LSEVs: A LSEV may be operated upon any public street in the Town where
the posted speed limit is thirty five (35) miles per hour or less except as provided
in Section 7-8-6 and Ordinance No. 14, Series 1978 (the "Pedestrian Mall
Ordinance").
** *
Section 2. Section 7-8-6(B) of the Vail Town Code is hereby amended as
follows:
7-8-6: PROHIBITIONS:
** *
B.The following acts are prohibited in the operation of LSEVs:
1.Traveling on any dedicated recreation path or sidewalk not
specifically permitted by this Chapter.
2.Traveling on any roadway not specifically permitted by this Chapter.
3.Operating a LSEV on a State highway in the Town, except that a
LSEV may be operated to directly cross a State highway that has a speed
limit greater than thirty-five (35) miles per hour at an at-grade crossing to
continue traveling along a roadway with a speed limit equal to or less than
thirty-five (35) miles per hour.
4.Operating a LSEV for the purpose of transporting or delivering goods
in the areas designated as pedestrian malls under the Pedestrian Mall
Ordinance No. 20, Series of 2021
Ordinance, except pursuant to a written agreement with the Town expressly
authorizing the operator to provide such services.
** *
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the 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 5th day of October, 2021 and a
public hearing for second reading of this Ordinance set for the 19th day of October,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
Ordinance No. 20, Series of 2021
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this 19th day of October, 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy 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 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 6th day of October 2021.
Witness my hand and seal this 6th day of October 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 21, Series of 2021
ORDINANCE NO. 21
SERIES OF 2021
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, 2022 THROUGH DECEMBER 31, 2022
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 2022 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, 2022, and ending on the 31st day of December,
2022:
FUND AMOUNT
General Fund $49,415,690
Capital Projects Fund 13,695,817
Real Estate Transfer Tax Fund 15,980,749
Housing Fund 2,500,000
Vail Marketing Fund 2,839,225
Heavy Equipment Fund 4,130,132
Dispatch Services Fund 2,951,576
Health Insurance Fund 6,504,545
Residences at Main Vail Fund 1,229,150
Timber Ridge Enterprise Fund 956,609
Total 100,203,493
Less Interfund Transfers (15,244,270)
Net Expenditure Budget 84,959,223
Ordinance No. 21, Series of 2021
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2021 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 5th day of October, 2021. A public hearing shall be
held hereon on the 19th day of October, 2021, 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:
__________________________
Scott Robson, Town Manager
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy 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 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 20th day of October 2021.
Witness my hand and seal this 20th day of October 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 21, Series of 2021
ORDINANCE NO. 21
SERIES OF 2021
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, 2022 THROUGH DECEMBER 31, 2022
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 2022 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, 2022, and ending on the 31st day of December,
2022:
FUND AMOUNT
General Fund $49,437,690
Capital Projects Fund 13,695,817
Real Estate Transfer Tax Fund 12,180,749
Housing Fund 2,500,000
Vail Marketing Fund 2,839,225
Heavy Equipment Fund 4,130,132
Dispatch Services Fund 2,951,576
Health Insurance Fund 6,504,545
Residences at Main Vail Fund 1,220,578
Timber Ridge Enterprise Fund 956,609
Total 96,416,921
Less Interfund Transfers (15,244,270)
Net Expenditure Budget 81,172,651
Ordinance No. 21, Series of 2021
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2022 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 5th day of October, 2021. A public hearing shall be
held hereon on the 19th day of October, 2021, 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:
__________________________
Tammy Nagel, Town Clerk
Ordinance No. 21, Series of 2021
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN
FULL this 19th day of October.
_____________________________
Dave Chapin, Mayor
ATTEST:
________________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 22,
Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 3rd day of November 2021.
Witness my hand and seal this 3rd day of November 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 22, Series of 2021
ORDINANCE NO. 22
SERIES OF 2021
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, MARKETING FUND, DISPATCH SERVICES FUND, TIMBER RIDGE HOUSING
FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2021 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 2020 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
17, Series of 2020, adopting the 2021 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 2021 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 1,426,983
Capital Projects Fund 78,000
Real Estate Transfer Tax Fund 226,481
Housing Fund 1,344,112
Marketing Fund 600,000
Dispatch Services Fund 112,022
Residences at Main Vail Funds (22,427,889)
Timber Ridge Fund 25,000
Less Interfund Transfers (622,634)
Total $ (19,237,925)
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 No. 22, Series of 2021
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the 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 2nd day of November 2021, and a public hearing shall be held on this
Ordinance on the 16th day of November, 2021, 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:
___________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 22,
Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 17th day of November 2021.
Witness my hand and seal this 17th day of November 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance No. 22, Series of 2021
ORDINANCE NO. 22
SERIES OF 2021
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, MARKETING FUND, DISPATCH SERVICES FUND, TIMBER RIDGE HOUSING
FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2021 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 2020 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
17, Series of 2020, adopting the 2021 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 2021 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 1,707,276
Capital Projects Fund 78,000
Real Estate Transfer Tax Fund 476,481
Housing Fund 1,344,112
Marketing Fund 600,000
Dispatch Services Fund 226,333
Residences at Main Vail Funds (20,976,889)
Timber Ridge Fund 25,000
Less Interfund Transfers (952,927)
Total $ (17,472,614)
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 No. 22, Series of 2021
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the 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 2nd day of November 2021, and a public hearing shall be held on this
Ordinance on the 16th day of November, 2021, 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:
___________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this
16th day of November.
_____________________________
Dave Chapin, Mayor
ATTEST:
________________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy 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 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 17th day of November 2021.
Witness my hand and seal this 17th day of November 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance 23, Series of 2021
ORDINANCE NO. 23
SERIES OF 2021
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2021 TAX YEAR AND
PAYABLE IN THE 2022 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 2021 year and payable in the 2022
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 2022 fiscal year, the Town Council hereby levies a property
tax of 4.736 mills upon each dollar of the total assessed valuation of $1,209,059,810 for the 2021
tax year of all taxable property within the Town, which will result in a gross tax levy of
$5,726,108 calculated as follows:
Base mill levy 4.690 $5,670,491
Abatement levy .046 _ 55,617
Total mill levy 4.736 $5,726,108
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 23, Series of 2021
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 16th day of November, 2021. A public hearing shall be
held hereon at 6 P.M. on the 7th day of December, 2021, 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:
________________________________
Scott Robson, Town Manager
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy 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 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 8th day of December 2021.
Witness my hand and seal this 8th day of December 2021.
Stephanie Bibbens
Deputy Town Clerk
Ordinance 23, Series of 2021
ORDINANCE NO. 23
SERIES OF 2021
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2021 TAX YEAR AND
PAYABLE IN THE 2022 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 2021 year and payable in the 2022
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 2022 fiscal year, the Town Council hereby levies a property
tax of 4.736 mills upon each dollar of the total assessed valuation of $1,212,443,460 for the 2021
tax year of all taxable property within the Town, which will result in a gross tax levy of
$5,742,132 calculated as follows:
Base mill levy 4.690 $5,686,360
Abatement levy .046 _ 55,772
Total mill levy 4.736 $5,742,132
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 23, Series of 2021
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 16th day of November, 2021. A public hearing shall be
held hereon at 6 P.M. on the 7th day of December, 2021, 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:
________________________________
Scott Robson, Town Manager
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL
this 7th day of December 2021.
_____________________________
Dave Chapin, Mayor
ATTEST:
________________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy 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 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 8th day of December 2021.
Witness my hand and seal this 8th day of December 2021.
Stephanie Bibbens
Deputy Town Clerk
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ORDINANCE NO. 24
SERIES 2021
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 1 OF THE VAIL
TOWN CODE TO PROVIDE FOR AN ADMINISTRATIVE PENALTY FOR
THE LATE FILING OF EMPLOYEE HOUSING UNIT ANNUAL
VERIFICATION AFFIDAVITS
WHEREAS, pursuant to C.R.S. § 31-16-101 and its home rule charter, the Town
is empowered to impose penalties for violations of ordinances within its jurisdiction;
WHEREAS, pursuant to Vail Town Code § 12-13-3.A.4, no later than February 1
of each year, the owner of each employee housing unit in the Town must file an affidavit
to verify that the employee housing unit is being occupied in accordance with the Vail
Town Code and the deed restriction affecting the employee housing unit;
WHEREAS, the various deed restrictions affecting employee housing units in the
Town contain the same annual verification requirement;
WHEREAS, the Town Council finds and determines that the imposition of an
administrative penalty is necessary to ensure continued compliance with the annual
verification requirement for employee housing units; and
WHEREAS, ensuring continued compliance with the annual verification
requirement for employee housing units in the Town is in the best interest of the public
health, safety and welfare.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Chapter 4 of Title 1 of the Vail Town Code is hereby amended by the
addition of a new Section 1-4-5, to read as follows:
1-4-5: ADMINISTRATIVE PENALTY FOR LATE FILING OF EMPLOYEE
HOUSING UNIT VERIFICATION AFFIDAVITS:
A.Any person who is required by § 12-13-3.A.4 of this Code or any
deed restriction applicable to any real property in the Town to file an annual
verification affidavit, and who fails to file such affidavit, along with all
required supporting documentation, by February 1 of any given year, shall
be liable for an administrative penalty of $250.
B.Written notice of the administrative penalty shall be provided by first-
class United States mail to such person at such person's last known
address. The administrative penalty shall be due and payable within
fourteen (14) days of the date of the notice.
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C.It is unlawful for any person to fail to timely pay the administrative
penalty imposed by this Section. Violations of this Section shall be subject
to the General Penalty set forth 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 Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the 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 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 7th day of December, 2021 and a
public hearing for second reading of this Ordinance is set for the 21st day of December,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of December, 2021.
____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy 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 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 24th day of December 2021.
Witness my hand and seal this 24th day of December 2021.
Stephanie Bibbens
Deputy Town Clerk
1
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PENALTY-O111821_12072021.DOCX
ORDINANCE NO. 24
SERIES 2021
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 1 OF THE VAIL
TOWN CODE TO PROVIDE FOR AN ADMINISTRATIVE PENALTY FOR
THE LATE FILING OF EMPLOYEE HOUSING UNIT ANNUAL
VERIFICATION AFFIDAVITS
WHEREAS, pursuant to C.R.S. § 31-16-101 and its home rule charter, the Town
is empowered to impose penalties for violations of ordinances within its jurisdiction;
WHEREAS, pursuant to Vail Town Code § 12-13-3.A.4, no later than February 1
of each year, the owner of each employee housing unit in the Town must file an affidavit
to verify that the employee housing unit is being occupied in accordance with the Vail
Town Code and the deed restriction affecting the employee housing unit;
WHEREAS, the various deed restrictions affecting employee housing units in the
Town contain the same annual verification requirement;
WHEREAS, the Town Council finds and determines that the imposition of an
administrative penalty is necessary to ensure continued compliance with the annual
verification requirement for employee housing units; and
WHEREAS, ensuring continued compliance with the annual verification
requirement for employee housing units in the Town is in the best interest of the public
health, safety and welfare.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Chapter 4 of Title 1 of the Vail Town Code is hereby amended by the
addition of a new Section 1-4-5, to read as follows:
1-4-5: ADMINISTRATIVE PENALTY FOR LATE FILING OF EMPLOYEE
HOUSING UNIT VERIFICATION AFFIDAVITS:
A. Any person who is required by § 12-13-3.A.4 of this Code or any
deed restriction applicable to any real property in the Town to file an annual
verification affidavit, and who fails to file such affidavit, along with all
required supporting documentation, by February 1 of any given year, shall
be liable for an administrative penalty of $250.
B. Written notice of the administrative penalty shall be provided by first-
class United States mail to such person at such person's last known
address. The administrative penalty shall be due and payable within
fourteen (14) days of the date of the notice.
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C. It is unlawful for any person to fail to timely pay the administrative
penalty imposed by this Section. Violations of this Section shall be subject
to the General Penalty set forth 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 Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the 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 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 7th day of December, 2021 and a
public hearing for second reading of this Ordinance is set for the 21st day of December,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
___________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of December, 2021.
____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy 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 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 8th day of December 2021.
Witness my hand and seal this 8th day of December 2021.
Stephanie Bibbens
Deputy Town Clerk
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\\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 25 (DRAFT 2) W MIRE EDITS.DOCX
ORDINANCE NO. 25
SERIES OF 2021
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL
TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO AMEND
SECTION 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS, VAIL
TOWN CODE, TO ALL FOR UNDERGROUND CAR LIFTS TO BE ADDED
AND EXEMPTED FROM GRFA CALCULATIONS
WHEREAS, on September 10, 2021, the Applicant filed an application for a prescribed
regulation amendment (the "Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for a
prescribed regulation amendment;
WHEREAS, on November 8, 2021, the Planning and Environmental Commission (the
“PEC”) held a properly-noticed public hearing on the Application, and recommended that the
Town Council approve the Application;
WHEREAS, the 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 are compatible with the development objectives of the Town; and
WHEREAS, the Council finds that the proposed amendments further the general and
specific purposes of Title 12, Zoning Regulations, Vail Town Code; and
WHEREAS, the Council finds that the proposed amendments promote the health,
safety, morals, and general welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances its natural environment
and its established character as a resort and residential community of the highest quality.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. Section 12-15-13(A)(1)(a), Vail Town Code, Definition, Calculation, and
Exclusions, is hereby amended to read as follows:
(9) Underground vaults with a mechanical lift system for the purpose of enclosed
parking, if all the following criteria are met:
A. The vault is only used for the storage of vehicles.
B. The vault floor to the finished floor elevation of the garage does not exceed
sixteen feet (16’) in height.
C. The entire perimeter and volume of the vault shall be below finished grade and
be within the footprint of the garage.
D. The vault is only accessible from within the garage.
E. Any openings to the vault shall be no larger than the minimum required by
Building Code.
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F. The floor area of the vault shall not exceed three hundred (300) square feet per
vehicle space and not exceeding a maximum of two (2) vehicle spaces for each
allowable dwelling unit permitted by this title.
Underground vaults with a mechanical lift system for the purpose of enclosed parking
that meet the criteria above shall not be considered as part of the lowest level for the
purpose of the deduction for basements in subsection (6) above.
Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless
of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases
be declared invalid.
Section 3. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action
or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a public
hearing for second reading of this Ordinance set for the 21st day of December, 2021, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
21st day of December, 2021.
_____________________________
Kim Langmaid, Mayor
ATTEST:
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\\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 25 (DRAFT 2) W MIRE EDITS.DOCX
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy 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 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 24th day of December 2021.
Witness my hand and seal this 24th day of December 2021.
Stephanie Bibbens
Deputy Town Clerk
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ORDINANCE NO. 25
SERIES OF 2021
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL
TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO AMEND
SECTION 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS, VAIL
TOWN CODE, TO ALL FOR UNDERGROUND CAR LIFTS TO BE ADDED
AND EXEMPTED FROM GRFA CALCULATIONS
WHEREAS, on September 10, 2021, the Applicant filed an application for a prescribed
regulation amendment (the "Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for a
prescribed regulation amendment;
WHEREAS, on November 8, 2021, the Planning and Environmental Commission (the
“PEC”) held a properly-noticed public hearing on the Application, and recommended that the
Town Council approve the Application;
WHEREAS, the 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 are compatible with the development objectives of the Town; and
WHEREAS, the Council finds that the proposed amendments further the general and
specific purposes of Title 12, Zoning Regulations, Vail Town Code; and
WHEREAS, the Council finds that the proposed amendments promote the health,
safety, morals, and general welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances its natural environment
and its established character as a resort and residential community of the highest quality.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. Section 12-15-13(A)(1)(a), Vail Town Code, Definition, Calculation, and
Exclusions, is hereby amended to read as follows:
(9) Underground vaults with a mechanical lift system for the purpose of enclosed
parking, if all the following criteria are met:
A. The vault is only used for the storage of vehicles.
B. The vault floor to the finished floor elevation of the garage does not exceed
sixteen feet (16’) in height.
C. The entire perimeter and volume of the vault shall be below finished grade and
be within the footprint of the garage.
D. The vault is only accessible from within the garage.
E. Any openings to the vault shall be no larger than the minimum required by
Building Code.
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F. The floor area of the vault shall not exceed three hundred (300) square feet per
vehicle space and not exceeding a maximum of two (2) vehicle spaces for each
allowable dwelling unit permitted by this title.
Underground vaults with a mechanical lift system for the purpose of enclosed parking
that meet the criteria above shall not be considered as part of the lowest level for the
purpose of the deduction for basements in subsection (6) above.
Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless
of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases
be declared invalid.
Section 3. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action
or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theret ofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a public
hearing for second reading of this Ordinance set for the 21st day of December, 2021, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
21st day of December, 2021.
_____________________________
Kim Langmaid, Mayor
ATTEST:
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S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0046\TC DOCS\ORDINANCE 25 (SECOND READING).DOCX
____________________________
Tammy Nagel, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 26,
Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 8th day of December 2021.
Witness my hand and seal this 8th day of December 2021.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 26
SERIES 2021
AN ORDINANCE AMENDING TITLE 4, CHAPTER 3 OF THE VAIL TOWN
CODE TO CODIFY THE IMPOSITION OF A VOTER-APPROVED
INCREASE IN THE TOWN’S EXISTING SALES TAX, EFFECTIVE
JANUARY 1, 2022
WHEREAS, at the November 2021 regular Town election, a majority of the
registered electors of the Town voted in favor of Ballot Issue No. 2A, a ballot issue to
raise the Town’s existing sales tax from 4.0% to 4.5% starting on January 1, 2022, and
remaining in effect until December 31, 2052, to fund housing initiatives, housing
developments, and housing programs; and
WHEREAS, the Town Council desires to update the Vail Town Code to reflect the
imposition of the additional 0.5% sales tax that was approved at the November 2, 2021
election.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 4-3-1-2 of the Vail Town Code is hereby amended by the
insertion of the following definition:
4-3-1-2: DEFINITIONS:
FOOD FOR HOME CONSUMPTION: means food for domestic home
consumption as defined in 7 U.S.C. § 2012(k), except that “food” does not
include carbonated water marketed in containers; chewing gum; seeds and
plants to grow foods; prepared salads and salad bars; packaged and
unpackaged cold sandwiches; deli trays; and hot or cold beverages served
in unsealed containers or cups that are vended by or through machines or
non-coin-operated coin-collecting food and snack devices on behalf of a
vendor.
Section 2. Section 4-3-1-5 of the Vail Town Code is hereby amended as follows:
4-3-1-5: EXCESS TAX; REMITTANCE:
If any vendor, during any reporting period, collects as a tax an amount in
excess of four percent (4%) four and one half percent (4.5%) of such
vendor's total taxable sales, then such vendor shall remit to the Finance
Director the full net amount of the tax imposed in this chapter and also such
excess amount. The retention by the retailer or vendor of any excess
amount of tax collections over the four percent (4%) four and one half
percent (4.5%) of the total taxable sales of such retailer or vendor or the
intentional failure to remit punctually to the Finance Director the full amount
required to be remitted by the provisions of this Chapter is declared to be a
Ordinance No. 26, Series 2021
2
violation of this Chapter and shall be recovered, together with interest,
penalties and costs as provided in this Chapter.
Section 3. Section 4-3-3-1(e) of the Vail Town Code is hereby amended as
follows:
4-3-3-1: PROPERTY AND SERVICES TAXED:
* * *
E. Food and Drink:
1. Upon all sales of food.; except that the sale of food for home
consumption as defined herein shall be taxed at the rate of four percent
(4%) of the amount of the sale.
* * *
Section 4. Section 4-3-3-2(a) of the Vail Town Code is hereby amended as
follows:
4-3-3-2: COLLECTION OF SALES TAX:
A. When Due and Payable: Every retailer, also in this Chapter called
"vendor", engaged in business in the Town shall, irrespective of the
provisions of Section 4-3-3-3 of this Section 4-3-3, be liable and responsible
for the payment of an amount equal to four percent (4%) four and one half
percent (4.5%) of all sales made by such retailer of commodities or services
as specified in Section 4-3-3-1 of this Section 4-3-3 and shall before the
twentieth (20th) day of each month make a return to the Finance Director for
the preceding calendar month and remit an amount equal to said four
percent (4%) four and one half percent (4.5%) on such sales to said Finance
Director. For the purposes of this subsection, all such returns and
remittance shall be considered made to the Finance Director on or before
the twentieth day of each month if they are sent via the United States mail
and are postmarked on or before the twentieth day of each month. If the
twentieth day of any month falls on a weekend or holiday, said return and
remittance may be postmarked the following business day. Such returns of
the taxpayer or duly authorized agent shall be furnished by the Finance
Department. The Town shall use the standard Municipal Sales Tax
reporting form and any subsequent revisions thereto adopted by the
Executive Director of the Department of Revenue by the first month
commencing one hundred twenty (120) days after the effective date of the
regulation adopting or revising such standard form.
* * *
Ordinance No. 26, Series 2021
3
Section 5. Section 4-3-3-3(b) of the Vail Town Code is hereby amended as
follows:
4-3-3-3: SALES TAX BASE; SCHEDULE OF SALES TAX:
* * *
B. Percentage of Tax: There is imposed upon all sales of commodities
and services specified in Section 4-3-3-1 of this Section 4-3-3, a tax at the
rate of four percent (4%) four and one half percent (4.5%) of the amount of
the sale, to be computed in accordance with the schedules or system set
forth in the rules and regulations prescribed therefor. Said schedules or
systems shall be designed so that no such tax is charged on any sale of
twenty four cents ($0.24) or less.
* * *
Section 6. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not 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 7. 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 8. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a
public hearing for second reading of this Ordinance is set for the 21st day of December,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Ordinance No. 26, Series 2021
4
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of December, 2021.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
Ordinance No. 26, Series 2021
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 26,
Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com,
on the 24th day of December 2021.
Witness my hand and seal this 24th day of December 2021.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 26
SERIES 2021
AN ORDINANCE AMENDING TITLE 4, CHAPTER 3 OF THE VAIL TOWN
CODE TO CODIFY THE IMPOSITION OF A VOTER-APPROVED
INCREASE IN THE TOWN’S EXISTING SALES TAX, EFFECTIVE
JANUARY 1, 2022
WHEREAS, at the November 2021 regular Town election, a majority of the
registered electors of the Town voted in favor of Ballot Issue No. 2A, a ballot issue to
raise the Town’s existing sales tax from 4.0% to 4.5% starting on January 1, 2022, and
remaining in effect until December 31, 2052, to fund housing initiatives, housing
developments, and housing programs; and
WHEREAS, the Town Council desires to update the Vail Town Code to reflect the
imposition of the additional 0.5% sales tax that was approved at the November 2, 2021
election.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 4-3-1-2 of the Vail Town Code is hereby amended by the
insertion of the following definition:
4-3-1-2: DEFINITIONS:
FOOD FOR HOME CONSUMPTION: means food for domestic home
consumption as defined in 7 U.S.C. § 2012(k), except that “food” does not
include carbonated water marketed in containers; chewing gum; seeds and
plants to grow foods; prepared salads and salad bars; packaged and
unpackaged cold sandwiches; deli trays; and hot or cold beverages served
in unsealed containers or cups that are vended by or through machines or
non-coin-operated coin-collecting food and snack devices on behalf of a
vendor.
Section 2. Section 4-3-1-5 of the Vail Town Code is hereby amended as follows:
4-3-1-5: EXCESS TAX; REMITTANCE:
If any vendor, during any reporting period, collects as a tax an amount in
excess of four percent (4%) four and one half percent (4.5%) of such
vendor's total taxable sales, then such vendor shall remit to the Finance
Director the full net amount of the tax imposed in this chapter and also such
excess amount. The retention by the retailer or vendor of any excess
amount of tax collections over the four percent (4%) four and one half
percent (4.5%) of the total taxable sales of such retailer or vendor or the
intentional failure to remit punctually to the Finance Director the full amount
required to be remitted by the provisions of this Chapter is declared to be a
Ordinance No. 26, Series 2021
2
violation of this Chapter and shall be recovered, together with interest,
penalties and costs as provided in this Chapter.
Section 3. Section 4-3-3-1(e) of the Vail Town Code is hereby amended as
follows:
4-3-3-1: PROPERTY AND SERVICES TAXED:
* * *
E. Food and Drink:
1. Upon all sales of food.; except that the sale of food for home
consumption as defined herein shall be taxed at the rate of four percent
(4%) of the amount of the sale.
* * *
Section 4. Section 4-3-3-2(a) of the Vail Town Code is hereby amended as
follows:
4-3-3-2: COLLECTION OF SALES TAX:
A. When Due and Payable: Every retailer, also in this Chapter called
"vendor", engaged in business in the Town shall, irrespective of the
provisions of Section 4-3-3-3 of this Section 4-3-3, be liable and responsible
for the payment of an amount equal to four percent (4%) four and one half
percent (4.5%) of all sales made by such retailer of commodities or services
as specified in Section 4-3-3-1 of this Section 4-3-3 and shall before the
twentieth (20th) day of each month make a return to the Finance Director for
the preceding calendar month and remit an amount equal to said four
percent (4%) four and one half percent (4.5%) on such sales to said Finance
Director. For the purposes of this subsection, all such returns and
remittance shall be considered made to the Finance Director on or before
the twentieth day of each month if they are sent via the United States mail
and are postmarked on or before the twentieth day of each month. If the
twentieth day of any month falls on a weekend or holiday, said return and
remittance may be postmarked the following business day. Such returns of
the taxpayer or duly authorized agent shall be furnished by the Finance
Department. The Town shall use the standard Municipal Sales Tax
reporting form and any subsequent revisions thereto adopted by the
Executive Director of the Department of Revenue by the first month
commencing one hundred twenty (120) days after the effective date of the
regulation adopting or revising such standard form.
* * *
Ordinance No. 26, Series 2021
3
Section 5. Section 4-3-3-3(b) of the Vail Town Code is hereby amended as
follows:
4-3-3-3: SALES TAX BASE; SCHEDULE OF SALES TAX:
* * *
B. Percentage of Tax: There is imposed upon all sales of commodities
and services specified in Section 4-3-3-1 of this Section 4-3-3, a tax at the
rate of four percent (4%) four and one half percent (4.5%) of the amount of
the sale, to be computed in accordance with the schedules or system set
forth in the rules and regulations prescribed therefor. Said schedules or
systems shall be designed so that no such tax is charged on any sale of
twenty four cents ($0.24) or less.
* * *
Section 6. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not 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 7. 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 8. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a
public hearing for second reading of this Ordinance is set for the 21st day of December,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Ordinance No. 26, Series 2021
4
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of December, 2021.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
Ordinance No. 26, Series 2021