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HomeMy WebLinkAbout2008 - Proof of PublicationI -acknowledge the accuracy of the May 24 Ordinance No. 1, Series of 2008, publication. Matt Mire, Tt+Qr�P�TLTCr 6�i�Vl7lYit2Slltll+�/. i ion, :..w.mor�+ nirant�r Bill 6-15-011) ) l 11 Saturday, May 24, 2408 TME VAl DAILY 11 970-949-0555 {! v 7y residential tlllvel8ngs. adadled or row dweYigs and /HI N]AtIt AMEF NL`$ECTIO114I24.2, OFV*MDSAWT9)W ;ARTICI£512.8Aa RASH �L dISfR 12fi8, SINOtE FA11q.Y, D1$7ipGY;126C, [VYO FAY�v RESIDENTIAL - F.alplla�s fMt�IgS tloibs, all tIRMMM re�tl�d �r to , � . , ,t }- OISiRICi; 12 ¢D, TWO F/UAILY laFiINARYfSEOD1f1�►ARY RESIb lfflA4. DIBis41Gy: , IZWRSL OEtlsf>Rtr t1�iiPLFiFAMLY DIBi#�Ei12ENi, dMEDM11tDE1N$If t► fuJLTIPLE- � i - "' _ '12.8F-3:46'iDmoNAL d.USTaR Ot'CT;1R#F, LOW FAMI.Y D�iRICf; 126H, HIGH DENSRY M6LTIP11:-FIM�Y QiS71lICf; 1261, M1fi 94"IfICT; 12-7A, Tia dirty, calditiot Lasa 8h!'Ue:pamiilbd in the LE1xpjaetsf 1p PUBI IC AChIMODATN�t1 DISTRICT;12-7Ji GOIAf2J1t ] DI67;11L CORE 2 OISTR16f;12 7D, COIriEACIAL CaR@ B Dom; t.,RCIAtBERf i:�7F, ARTERIAL aCooe witlt Lha provisions as rpler 16 of ifus f�tle .`+ r, Bed arM txealdasts a4Jaarer tegtMMsd by s�tloh 12-1 d /Sots ti(tR,h #� '» BU.lMSTAICT;12-7H, l.lOt�1�AD ftNXID LSE 1'i1�'lNC1' 1.1ON:11d0� 4tSE 2 9115TRK:ii';.12- F � 7J lilfaLlC lICCOMNDDATION 2 0 (rT;1 iA,- A AND 12 lm> �0" t70N DIS ffIC f; 12 8E, SIG M 2 DISTR1gvf ,PA VEM DISTRICT; 12 ejAWRECREA- .. Funiculaes and other similar conveyances. Home child daycare tacilfies as funher regulated by aeotasn Z M GENERAL uSE;, CHAPTER q-14AMPLOYEE HOI ,.CHAPTER 1Y-Ri.W LINKAGE, AND CHAPTER 1244, INCLUSIONARY ZONING, AND 'SET TW FORTH DETAILS W REGAWTHEREW. Private clubs. - � � ; Pubic and private schools. n A„ rids nd - WHEREAS, on Mardi 10, 2008, the Pletning and Environmental Commission of the Town of Vag held a public hawing and public recreationefaalaies. t , Pubic'umily and pubic service usea. reviewed and forwarded a recommendation of approval for the proposed tend amendments tR'tite Zoning Regulations to the Vail Town Council in accoMance with the procedures aM conaria andAndings outlined in Chapter 123 of the Zoniing Regulations of the Town of Ski 8fts and tows. Type F 8 ; Vail: and, Employee Housing Unite, as turtle[ ieWAMed by CwPtst 13 b:,, WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23, Commercial Linkage and Chapter 12-24,IN Article 12-6f; Medium Density Muldpie-F�yr Disir>ct. ofthe VW T6wn Code is/f Ngrwmnrvl�d� f Inclusio-nary Zoning, Vail Town Code, must be amended to clarify the basis on which Employee Housing Plans shalibe reviewed; n 8.. to be deletep is in shikell ough, text that is to be added is bold. BeCtions oftend that are not atnwNdwo ftrw baron onMled) : and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the outlined In the Vail Comprehensive Plan and is compatible with, the development objectives of 12.66-2: PERMITTED USES: The following Lees shall be `peri 4'in the LDMF district , R ted goals, objectives and policies bre Town. based upon Section Vl of the Staff memorandum to the Planning and Environmental Commission dated Me 10, 2008, Multple ramify residential dwellings, ka*+drg attachedoi row awe ^' N� ; and the evidence and testimony presented; and. Single -family residential dwellings. Two-family residential dwellings. i WHEREAS, the Town Council finds and determines that the amendments further the general ant specific purposes of the Employee Hous" UnUs, as further regulatAdbychapter 13 of this title. . Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Emaronmental Commission dated March CON 1fT[ONP1L USES 10, 2008, and the evidence and testimony presented; and.12$G-3 The idto rft C-a-al ussit be permitted in the LDMF district sub)ac( to N Lance of a conditional use permit in WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances a00001darCB with thavvAsiota of chapl6i16 Of this title: 'Bed and breakfasts els further reuuited by spctfoh 12-14-18 of this title. its natural environment and its established character as a resort and residential community of the highest quality, based upon Section Dog Kerala• funiculars and other simiilm conveyances: VI of the Staff memorandum dated March 10, 2008, Home child daycare facilities as further regulated by section 12-14 12 W this title. WHEREAS, the Town Council finds and determines that the public health, safety, and welfare wilt be served by these adopting Private clubs regulations, based upon Section VI of the Staff memorandum to She Planning and Environmental Commission dated Mardi 10, 2008, Public and private,". and the evidence and testimony presented. Public buildings, grounds and fackfies. Public park and recreation facDties. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Public utDty and public service uses. - Ski[its and tows. Section 1. Chapter 12-2, Definitions, of the Vail Town Code is hereby amended as follows (text to be deleted is in chaptel. 13 of this Ernpioyee Housing Units, as further regulated by Chapter 13 of this Tile. sbilaethraughtext that is to be added is bold. Sections of text that are not amended have been ornitted.) Section• Article 12-�i, High Density MuldpieFamily District, of the Vail Town Code is hereby amended as follows (text to 12-2-2: Definitions of Words and Terra . be deleted is in striketltteugh, text iol is to be added is bold. Sections of text that are not amended lave beer omitted th FLOOR AREA, NET : The total floor area within the ehdoswill wads of a 12-6H-2: PERMITTED USES: structure not including the following; - The Molding ices shad be permitted in the HDMF disMCt: reational a retail establisFarards, located wahin the prirtN{tat lue and Lodges, mdhdmg accessory eating drinidng, recnot _ A. Areas specifically designed and used for mechanical equipment to operate the building. occupyktg more than tan.percent (10%)' of the total gross residental floor area (60FA) of the main dnnc7ure or slluatures O t the alts; additional accessory areas may be located on an outdoor deck porch, or titrrllpe• r the B. Stairways. residential 7'--- e. kwkx ng attached or row dwedings and cend ! as further rapttleted 1A c iw�td�t tNs: C: Elevators.: !Y08 HOW" Urdu, . D. Common (>eirrays• The" IiaeE shed tis pehrdtted io tine HDMF io of a otlenaE pew E. Common lobbies. tie 5 M!MlfW.proviakms of chapter 16 of this tile: .`. Bedaw;'E is further regulatetfby section 12-1418 ofJ t alfa. F= r _ F. Common ntetiooms. - t , Dog kennels. ' Funiculars and other ArAw_conveyanow. daycare facildtte A further by aeon 12-14 12 of9tistMs. G. Arses designed and used for padtng Home child regulated "to dubs and civic, cultureFauel fret hlN drgahtil othpt: H. Meas deMgrne I and used as storage +rNlirih. do not taus direct gooses to an kld4idWd 0*6 orr** a not Prfwmlb peddn9 strtRWrea eased flue per6ertt (596) of the tote propoesKf'fNta Actor Ilea for office and ria exceed p'(19t of Lha tstY teretYl�dured . proposed let O w*",* rated. ' RubdC .. grpL 1aCWYea: l s Vorato n arias fa which ed tenants in ihs'#Aiildkg Le16Ra1te toward the upkeep and malhiiss oe thereof Viand Pt"o ptaftmNtttftwxea tae tfift S k `asci are r10R Ilaed. for" ,�, � Y , ...,.... pefkidD • �C pubacfdMmaportedartNlntilwis. ` " -._.. - I acknowledge the accuracy of the 05.10.08 publication of Ordinance No. 1, Series of 2008. Matt Mire, wn Attorney George Ruther, Community Development Director 18,/16;L61., P14,ytner- THE VAIL DAILY 970.949.OSSS vaildaily.com Saturday. May 10, 2008 C35 ORDINANCE NO, 1 TYPe+v SERIES 2008 Employee Housing Units, as further regulated by chapter 13 of this title. AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF WORDS AND TERMS; ARTICLES 12-6A, HILLSIDE RESIDENTIAL DISTRICT; 12-60, SINGLE-FAMILY RESIDENTIAL DISTRICT; 12-6C, TWO-FAMILY RESIDENTIAL DISTRICT; 12-610, TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F, LOW DENSITY MULTIPLE -FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE - FAMILYDISTRICT; 12-61R, HIGH DENSITY MULTIPLE -FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL CORE 2 DISTRICT; 12-7D, COMMERCIAL CORE 3 DISTRICT; 12-7E, COMMERCIAL SERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H, LIONSHEAD MIXED USE 1 DISTRICT; LIONSHEAD MIXED USE 2 DISTRICT; 12- 7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12 -BA, AGRICULTURAL AND OPEN SPACE DISTRICT; 12-60, SKI BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 DISTRICT; 12-98, PARKING DISTRICT; 12- 9C, GENERAL USE;, CHAPTER 12-13, EMPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AND CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on March 10, 2008. the Planning and Environmental Commission of the Town of Vail held a public hearing and tl d commendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town 12-6l CONDITIONAL USES'. The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home thud daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public antl private schools, Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows, Employee Housing Units, as further regulated by Chapter 13 of this Title awed and lorwar a a repp Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of 5appon S. Article 12-66. Medium Density Multiple -Family District, of the Vail Town Code is hereby amended as follows (text Vail, and, to be deleted is in surkethroughtext that is to be added is bold. Sections of text that are not amended have been omitted.) WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23, Commercial Linkage and Chapter 12-24. Inclusionary Zoning, Vail Town Code, must be amended to clarify the basis on which Employee Housing Plans shall be reviewed, and. WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals. objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10. 2008, and the evidence and testimony presented'. and. WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented; and er.WHEREAS, the Town Council finds and determines that me amendments promote the health, safety. morals, and general "a .! ofthe Town and promote the coordinated and harmonious development of the Town in a mannerthat conserves and enhances its natural environment and hs established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated March 10, 2008. WHEREAS, the Town Council finds and determines that the public healthsafety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10. 2008. and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 12-6G-2'. PERMITTED USES. The following uses shall be permitted in the I.DMF district: Mulhple-family residential dwellings, Including aneched or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. T Employee Housing Units, as further regulated by chapter 13 of this title, 12-6G-3'. CONDITIONAL USES The following conditional uses shall be permitted In the LDMF district, subject to issuance of a conditional use permit in cordaoce with the provisions of chapter 16 of this title'. Bed and breakfasts as further regulated by section 12.14-18 of this title. Dog kennels, Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings. grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski Ilfts and tows, Employee Housing Units, as further regulated by Chapter 13 of this Title Section 1. Chapter 12.2. Definitions, of the Vail Town Code is hereby amended astollows (text tone deleted is in skikethf—gh, Section 9. Article 12-6H High Density Multiple -Family District of the Vail Town Code is hereby amended as follows (text to text that is to be added is bold. Sections of text that are not amended have been omitted.) be deleted is in sh+kethrough.. text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-2-2 Defineions of Words and Terms FLOOR AREA, NET _ The total floor area within the enclosing walls of a structure not including the ]allowing A. Areas spsai ically designed and used for mechanical equipment to operate the building B. Stairways. C. Elevators. D. Common hallways. E. Common lobbies. F, Common restroones. G. Areas designed and used for parking, H. Areas designed and used as storage which do not have direct access to an Individual office or retail store. not to teed i ve percent (5%) of the total proposed net floor area for office end not to exceed eight percent (8°re) of lne total proposed net floor area for retail. "Common areas' are spaces for which all tenams in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas. Sgct_i nn 2. Amde 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted ism �, text malls to be added Is bold. Sections of text that are not amended have been omitted.) 12-6A-2'. PERMITTED USES'. The following uses shall be permitted in the HR district. Single-family residential dwellings. ;yps�µempleyee-heusingnmts Employee Housing Units, as further regulated by chapter 13 of this title. Section 3. Article 12-6B, Single Family Residential District, of the Vail Town Code Is hereby amended as follows (text 10 be deleted is in sminsittineao, text that Is to be added Is bold. Sections of text that are not amended have been emitted.) 12-6B-2'. PERMITTED USES. The following uses shall be permitted in the SFR district. Single-family residential dwellings. Type 11 employee-hou-9 amts Employee Housing Units, as further regulated by chapter 13 of this title. Typc+ *egulatod-bYel aq, Hr Section 4. Article 12-6C, Two -Family Residential Districtof the Vail Town Code is hereby amended as follows (text to be deleted Is in slydteefteagh, text that is to be added Is bold. Sections of text that are not amended have been omitted.) 12-6C-2'. PERMITTED USES: The following uses shall be permitted In the R district. Single-family residential dwellings. Two-family residential dwellings. Type -4 _ _ s, , ett ns Employee Housing Units. as further regulatetl by chapter 13 of this title. { ,Section 6. Article 12-6D, Two -Family Primary/Secondary Residential Districtof the Vail Town Code is hereby amended as follows (text to be deleted Is in stnkeihruugh, text that is to be added Is bold. Sections of text that are not amended have been omitted.) 12-6D-2'. PERMITTED USES. Thefollowing uses shall be permitted. Single-family residential dwellings, Two-family residential dwellings. {qpe+empjeyer If 7- umes Employee Housing Units es further regulated by chapter 13 of this title. Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows (text to be deleted is In serikeMraugn, text that Is to be added Is bold. Sections of text that are not amended have been omitted.) 12-6E-2: PERMITTED USES. The following uses shall be permitted in the RC district: Mulhple-family residential dwellings. Including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. Single-family residential dwellings. Two-family residential dwellings. Type -IV Employee Housing Units as further regulated by chapter 13 of this title. 12-6E-3: CONDITIONAL USES'. The following condition at uses shall be permitted in the RC district, subject to Issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title'. Bed and breakfasts as further regulated by section 12-14-18 of this title. Business officesas further regulated by subsection 12-16-7A13 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as former regulated by section 12-14-12 of this title. Private clubs. Professional officeas further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public ut'dity and public service uses. Ski lifts and tows. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 7. Article 12-6F, Low Density Mulliple-Family District,of the Vail Town Code is hereby amended es follows (text to be deleted Is in shikethmugh, text that is to be added is bold. Sections of tent that are not amended have been omitted.) 12-61`-2-. PERMITTED USES: The following uses shall be permitted in the LDMF district. Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. 12-6H-2PERMITTED USES'. The following uses small be permitted in the DMF district. Lodges, including accessory eating, drinkingrecreational or retail establishments, located within the principal use and not c"Ino more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site additional accessory dining areas may be located on an outdoor deckporch, or terrace. Multiple -family residential dwellings, Including attached or row dwellings and condominium dwellings. Type -IV ­pkiyee�Employee Housing Units, as further regulated by chapter 13 of this title. 12-61-1-3'. CONDITIONAL USES: The following conditional uses shall be permitted m the HDMF district subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12.14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lift andtows. Timeshare units. Employee Housing Units, as further regulated by Chapter 13 of this Title 5ectign 1 Article 12-61. Housing Districtof the Vail Town Code Is hereby amended as follows (text to be delated is in str,kefnreagh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-2 PERMITTED USES The following uses shall be permitted in the H oistrict. Bicycle and pedestrian paths. a me I P is as further dose bed rrhajqef+. Employee Housing Units, as further regulatetl by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3'. CONDITIONAL USES The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title'. Commercial uses which are secondary and incidental las determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, In which case the following uses may be allowed subject to a conditional use permit. Banksand financial Institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking estabirshments. Funiculars and other similar conveyances. Health clubs. Personal services, includngbut not limited to, loundromatsbeauty and barber shops, tailor shopsand similar services. Rated stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission. A, Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property, The GRFA for dwelling units shall not exceed thirty percent (30%)oif the total GRFA constructed on the property. and C. Dwelling units are only created in conjunction with employee housing. and D, Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Ouldoor patios. Public and private schools. Public bIIdings, grounds and facilities. Public parks and recreational facilities. Public utilities Installations Including transmission lines and appurtenant equipment. TgpeW empley—beusmgmmH Employee Housing Units, as further regulated by chapter 13 of this title. Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code Is hereby amended as follows (text to be deleted Is in str, Beth angh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7A-2'. PERMITTED USES'. Thefollowing uses shall be permitted in the PA district. Lodges, Including accessory eating, drinking, or retail establishments located within the principal use and not occupying mare than ten percent If 0%) of the total gross residential floor area of the main structure or structures on the site'.. additional accessory dining areas may be located an an outdoor deck. porch. or terrace. �u Employee Housing Units, as further regulated by chapter 13 of this title. 12-7A-3: CONDITIONAL USES'. The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title Bed and breakfasts, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12.16-7A8 of this title. Healthcare facilities. Lodges, including accessory eatingdrinkingo retail establishments located within the principal use and occupying between len percent (10%) and fifteen percent It 5%) of the total grass residential floor area of the mein structure occupying on the site. Major arcades. Pnvate clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildingsgrounds and lacililies. Public parking structures. Public parks and recreational ]acuities. Public transportation terminals, Public unstructured parking. Public utility and public service uses, Religious institutions. Ski lifts and tows. C36 Saturday, May 10, 2008 THE VAIL DAILY 970.949.0555 traildaily.com Theaters and convention facilities. Type 11 - - +3,44,-h Employee Housing Units, as further regulated by Chapter 13 of this Title. Sect on 12. Article 12-78, Commercial Corel District. of the Vail Town Code is hereby amended -follows (text to be deleted is in strikeff evgh, text that Is to be added is bold. Sections of text that are not amended have been omitted.) 12-713-2-. PERMITTED AND CONDITIONAL USES, BASEMENT OR GARDEN LEVEL'. B.Pefm,tted Uses The following uses shall be permitted in basement or garden levels within a structure 8. Type4V employee housing units, as further regulated by chapter 13 of this title. 12-713-3. PERMITTED AND CONDITIONAL USES, FIRST FI OCR OR STREET I. FVEL B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure 4. Type employee housihe Sets Employee Housing Units, as f.:dher regulated by chapter 13 of this title, 12-78-4. PERMITTED AND CONDITIONAL USES', SECOND FLOOR'. A.Permitted Uses, Exception. The following uses shall be permitted on the second floor above grade within a structure provided however, that a conditional use permit wdl be required in accordance with chapter 16 of this title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof. 8, Type I smpleyerhansing-nnks Employee Housing Units. as further regulated by chapter 13 of this title. B.Condidudal Uses The following uses shall be permitted on second floors above grade, subject to the issuance o ern, hand, use permit In accordance with the provisions of chapter 16 of this title'. Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting ro . Outdoor patios. Theaters. Typhi employee*easing_ur>its (EF W} as provided , chapbr �,�fT,; Rle.-Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-713-5'. PERMITTED AND CONDITIONAL USES, ABOVE SECOND FLOOR'. A.P.drafted Uses'. The lollowing uses shall be permitted o, any floor above the second floor above grace Lodges. Multiple -family residential dwellings. Tni emplayeeH+ausk gvnits Employee Housing Units, as further regulated by chapter 13 of this title. B.Conditional Uses. The following uses shall be permitted on any floor above the second floor above gradesubject to theissuance of a conditional use permit In accordance with the provisions of chapter 16 of this title. Any permitted or o.ditiono use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include. 8 Type iii err, ,aS-a4+nt . Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 13. Article 12-70, Commercial Core 3 District, of the Vaal Town. Code is hereby amended as follows (text to be deleted is In s/Mtethreegh, text that Is to be added is bold. Sections of text that are not amended have been omitted.) 12-7D-1'. PERMITTED USES'. The following uses shall be permitted in the commercial core 3 district. Banks and financial Institutions. Eating and drinking eslabbehments, Including the following. Cocktail lounges and bars. Calle. shops. Fountain and sandwich shops. Restaurants. Health clubs. Personal services and repair shopsincluding the following. Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Shuerepair. Small appliance repair shops, excluding furnfure repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices. business offices, and stuoios, Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto pads stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Bowing materials stores without outdoor storage. Camera stores and photographic studios, Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and tape r shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Healthfood stores, Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. He on, and television broadcasting studios. Sporting goods stores. stationary stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores, Employe Type{µ employee-har�mr+gnmts e Housing Units, as further regulated by chapter 13 of this title. Addleonal offices, business, or services determined to be similar to permitted uses In accordance with the provisions of this section, 12-7D-2'. CONDITIONAL USES. Thefollowing conditional uses shall be permitted in the commercial core 3 district subject to Issuance of a conditional use permit In accord with the provisions of chapter 16 of this title Any use permitted by section 12-7D-1 of this ankle which Is not conducted entirely within a building, Bed and breakfasts as further regulated by section 12-14-18 of this title. Brewpubs. Chid daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Dr,vS-up facilities. Major arcades. Massage parlors. Outside car wash. Pet shops. Public buildings, groundsand facilities. Public park and recreation facilities. Public util�fy and public service uses. Redia and television signal relay transmission facilities, Theaters, meeting roome. and convention facilities. Transportation businesses. Type Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 14. Article 12.7E, Commercial Service Center District, of the Vail Town Code Is hereby amended as follows (text to be deleted is In smke fdeegh, text that is to be added Is bold. Sections of text that are not amended have been omitted.) 12-7E-3. PERMITTED USES: The followinguses shall be permitted in the CSC district. Banks and financial institutions. Eating and drinking establishments, including the following. Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Beauty and barbershops. Business and office services. Cleaning and laundry pick up agencies without bulk cleating or dyeing. Laundromats, Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business officesand studios. Retail stores and establishments without limit as to floor area including the following. Apparel stores. Ar supply storesand galleries. Rakeries and confectioneries, Including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camara stores and photographic studios. Candy stores. Chinaware and glassware stares. Delicatessens and epees Ity food sfores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops, Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Hobbystores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios, Radia and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. I by stores. Variety stores. Yardage and dry goods stores. Additional officesbusinesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. Employee housing units as further regulated in Chapter 13 of this Title. 12-7E-4. CONDITIONAL USES'. The following conditional uses shall be permitted in the CSC district, subject to Issuance of a conditional use permit In accordance with the provisions of chapter 16 of this title Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Bowling alley. Brew p:,bs. Child daycare Centers. C—mere lel laundry and cleaning sery"des. Dog kennels. Major arcades, Multiple -family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of the article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and taws. Theaters meetings rooms, and convention facilities. _,,,,,,+onsme-mmts-fEHU.}.as . Employee Housing Units, as further regulated by Chapter 13 of this Title Section 15. Article 12-7F, Arterial Business District of the Vail Town Code is hereby amended as follows (text to be deleted is in suriketMengh, text that Is to be added Is bold. Sections of text flat are not amended have been omitted.) 12-7F-3 PERMITTED USES. The following uses shall be permitted In the arenal business district. Eating and drinking establishmentsas followsare permitted on the first (street) level- Cocktail lounges andbars. Coffee shops, fountains. sandwich shops and restaurant. Personal services and repair shops. as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level. Beauty and barbershops, Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices. business offices and studios. Radio and televisionbroadcasting studios. Retail stores and establishments, as follows. are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8 000) square feet In floor area for each such business use and so long as they are located on the rrst (street) level. Ar supply stores. Bookstores. Drugstores. Florists, Newsstands. Stationery stores. Tobacco stares. Additional offices. businesses or services determined to be similar to permitted uses in accordance with the provisions of ,action 12-7F-1 of this article. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-7F-4'. CONDITIONAL USES: A.Fnumerated. The following conditional uses shall be permitted in the arterial business district subject to the issuance of a cor itonal„se permit in accordance with the provisions of chapter 16 of this title Any use permitted by section 12.7E-3 of this ample, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Mlcrobreweries. Private unstructured parking, Public buildings. grounds and too htles, Public park and recreation facilities. Public utility and public services uses. incl.,ding screened outside storage. Service yards. Transportation bust - -- - - -- - - -a . Employee Housing Units, as further regulated by Chapter 13 of this Title Section 16. Article 12-7H, Lionshead Mixed Use 1 District of the Vail Town Code Is hereby amended as follows (text to be deleted is in striketh,a ,text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7H-2 PERMITTED AND CONDITIONAL USES'. BASEMENT OR GARDEN LEVEL'. B. Permitted Uses. The following uses shall be permitted In basement or garden levels within a structure. Banks and financial institutions, Child daycare centers. Cto ommercial ski srage. Eating and drinking establishments. Personal serv.ces and repair shops, Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Type -W —ekyli e¢-peusmgnnite Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described In this subsection. in accordance with the provisions of section 12-3-4 of this title. 12-7H-3 PERMITTED AND CONDITIONAL USES: FIRST FLOOR OR STREET LEVEL. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure. Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking esfabkahments. Recreation facilities. Retail stores and establishments. S ka, ticketing, ski school and skier services. Travel and ticket agencies. Type -IV empbyea-heusngnmle Employee Housing Units.. as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described In this subsectionin accordance with the provisions of section 12-3-4 of this title. THE VAIL DAILY 970.949.0555 vaildaily.com Saturday, May 10, 2008 C37 12-7H-4. PERMITTED AND CONDITIONAL USES, SECOND FLOOR AND ABOVE Public and quasi-publ—ndoor community facilites. A. Permitted Uses, Exception The following uses Shall be permitted on those floors above the first floor within a Public buildings and grounds. structure: Public parking structure. Accommodation units. Public theaters, meeting rooms and convention facilities, Attached accommodation units. Pub lia:ounct/guest s fermi related faculties. Lodges. Public Transportation terminals. Multiple -family residential dwelling units. timeshare units. fractional lee clubs, lodge dwell,ng units. and* n Public unstructured parking. 'faPublic utilities installations Including transmission lines and appurtenant equipment. Type 1V smployeo-hauaingnnxs Employee Housing Unitsas further regulated by chapter 13 of this title. Religious institutions, Additional uses determinedto be similar to permitted uses adsorbed in this subsection. in accordance with the provisions Seasonal structures or uses to accommodate educational, recreational or cultural acllvities, of section 12-3-4 of this title. Ski lifts, tows and runs. aallQri 17. Article 12-71, Lionshead Mixed Use 2 District of the Vad Town Code is hereby amended as follows (text to be Employee Housing Units, as further regulated by Chapter 13 of this Title. deleted is in slhkelhfdngh, tell that is to be added is bold. Sections of felt that are not amended have been omitted.) Water and sewage treatment plants. 12-71-2. PERMITTED AND CONDITIONAL USES. BASEMENT OR GARDEN LEVEL. 8.Permrted UseThe following uses shall be permitted In casement or garden levels within a Structure Banks ands. financia l institutions. Child daycare centers. Commercial ski storage. Eating antl drinking e,,allishme,ls, Personal services antlpair reshops. Professional offices. business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing. ski school and skier se-ces. Travel and ticket agencies. Type+y employs-hausingumts Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, In accordance with the provisions of section 12-3-4 of this title. 12-71-3'. PERMITTED AND CONDITIONAL USES: FIRST FLOOR OR STREET LEVEL. B.Perm,ted Uses: The following uses shall be permitted on the first floor or street level within a structure. Banks. with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retailstores and establishments. Skier ticketing. ski school and skier services. Travel and ticket agencies. TyMempleyeeAanstr+ is Employee Housing Units, as further regulated by chapter 13 of this title, Additronal uses determined to be similarto permitted uses described in this subsection, in accordance wish the provisions of section 12-3-4 of this title. 12-71-4-. PERMITTED AND CONDITIONAL USES'. SECOND F[CORAND ABOVE A. Perm4ted Uses, Exception The following uses shalt be permitted on those floors above the first floor within a structure Lodges and accommodation units. Multiple -family residential dwelling unitstimeshare units. fractional "ee clubs, lodge dwelling units.. and e"Yalageekousinq nn s TYpeHV �gamte Employee Housing Units, as further regulated bycleaver 13 of this title. Additional uses determined to be similar to permitted uses described In this subsection, in accordance with the proviswns of section 12-34 of this title. Section 18. Article 12-8A. Agriculture and Open Space District, of the Vail Town Code Is hereby amended as follows (text to be deleted Is in st:rketMangh, text that Is to be added Is bold. Sections of text that are not amended have been omitted.) 12 -BA -3'. CONDITIONAL USES. The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title'. Any use within pubbc parks, recreation areasand open spaces which Involves assembly of more than two hundred (200) persons together in one building or group of buildings or in one recreation area or other public recreational facility. Cemeteries. Low power subscription radio facilities. Private golf. tennis. swimming and riding clubs. and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses. such as convents and religious retreats. Ski lifts and tows, IIII3efiMrtklc Employee Housing Units, as further regulated by Chapter 13 of this Title. Section L9. Article 12-8D, Ski Base Recreation District of the Vad Town Code is hereby amended as follows (felt to be deleted is in th kelhrengh, text that is to be added a bold. Sections of text that are not amended have been omitted.) 12-1 CONDITIONAL USES. The following conditional uses shall be permitted In the ski base/recreation district, subject to the Issuance of a conditional use perm, In accordance with the provisions of chapter 16 of this title Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and or as further requlalad by section 12-14-18 of this tike. Child daycare center. Food and beverage can vending. Public. private or quasi -public clubs. Recreation room/minor arcade. Redevelopment of public parks. playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilites. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. Tv_hale, Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 20. Article 12 -SE, Ski Base Recreation 2 Districtof the Vail Town Code is hereby amended as follows (text to be deleted is in ahrltethrengh, text that is to be added is bold. Sections of text that are not emended have been omitted.) 12-eE-3'. CONDITIONAL USES'. The following conditional uses shall be permitted in the ski bas e/rec,e ation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Fractronal fee units. Outdoor dining decks and patios. Private and public clubs. Public utility antl public service uses, stints -title. Employee Housing Units, as further regulated by Chapter 13 of this Title. Additional uses determined to be similar to conditional or permitted uses described in this chapter. in accordance with the provisions of section 12-3-4 of this title. Section 21. Article 12-98, Parking District of the Vail TownCode is hereby amended as follows (text to be deleted is is sltikeihrengh. text that is to be added is bold. Sections of text .hal are not amended have been omitted.) 12.98-3. CONDITIONAL USES: The following conditional uses shall be permitted Subject to issuance of a conditional use perms in accordance with the provisions of chapter 16 of this title Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses. private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section. a'temporary constr„ction staging site' shall mean a site on which. for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored, Type ill'empt- s this t le : Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 22. Article 12-9C, General Use District, of the Vail Town Code Is hereby amended as follows (text to be deleted is it stitkethrengh text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-9C-3'. CONDITIONAL USES: A.Generally. The following conditional uses shall us permitted in the GU d strict.. subject to issuance of a conditional ase permi in c a cordance with the provisions of chapter 16 of this The Ch dd daycare centers. Equestrian .rads. Golf courses. Healthcare facdhde. IT lipad for emergency and/orcommunity use. Major arcades. Plant and tree nurseries, and associated structures excluding the sale of trees or other nursery products, grown produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Puhlic and private schools. Sect/oiL29. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows (tell to be deleted is in skrkethraugh, text that Is to be added Is bold. Sections of text that are not amended have been omitted.). 12-134: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning dis- Ownership/ Additional Additional Garage Parking Mmimum/ Density Ir cis permit- Transference GRFA Site Coy- Credit/Slor- Maximum ted by right lSiFe-Caves- erage / age Require- GRFA of an or bycondi- age Reduced ent EHU .lona. use Landscape Area Type Permined The-EHl1 GRFA`. SITE COV- Allowed 300 Per Chapter1-�aa� bawds The Use. Primary/ maybe-eald- The EHU is ERAGE. sq. it of 12-10 as a 9istrve1, t- EHU is at - Secondary exit—stewed San ondary entitled to The site IS garage area dwelling unit. N/A lowed as 2rtd Residential. as separatean additional entitled to an per enclosed second Two -Family nr Tel, to 500550 sq, additional oss vehicle unit on the Residential property: ft. GRFA of site cover- space ata property. (&Vwlth only 01reviausly- deduction. age for the maximum on lots lessraltdaed EHU. of 2 parking than 14.000 deed Trosnie- spaces (600 sqftin size) belt rbath amts-to-aNaw- LANDSCAPE AREA'. sqft.). All units not sale) The siteIs constructed The EHU ""le' toa with a "- may be sold reduction of rage shall or trans- landscape be required tarred sepa- area by 5% a minimum rately. (reduced to 75 sqft. of 56% of site storage area area)forthe in addition EHU. to normal closet space. This 75sat. ftshall be credit for Stora a onl . Type II Permitted The EHU The EHUis N/A Allowed 300 Per Chapter GweNingwtit The EHU is Use shall not- entitled to sq. It. of add.- 12-10 as a 300 sq. ft. allowed as a Single -Family be sold orn additional ti.nal garage dwelling unit, min. and 8fd third unit Residential, transferred 500550 sq. area for the 1.200 sq. ft. on property. Two -Family separately ft. GRFA EHU. max. Baer -net Residential. from the unit eredH.-de- All units not lei-ag Primary/Sec- it is associ- duction.nstructed demity ondary Resl- bled with. with a go- dential rage shall be Conditional a mmQmim Use. A,roul- 7S sq. ftu of lure , Open storage area Space In.addition to normal closet space. This 75 sq. ft. shall be credit for Storage only Type III Permitted The EHU Per-Seetbn N/A N/A Per Chapter Dwelling unit: N.Learun ro} Use. may assold 42-i5-3; 12.10 as a 300 sq. ft. i esEenst' Lonshead or transferred Type -HF dwelling min. and The EHU is Mixed Use 1 separately. - - - unit. 1.200 sq. ft. excluded Lionshead - - from the Mixed Use 2 fl—the Dormitory calculation Conditional caleulefiand- unit:: of density. Use. GRFA.: Aiype-af- Residential The EHU is Wil* Cluster excluded houses -not Low Den. from the f - mars-if— city Multiple- city calculation Nva-f5t Family of GRFA, perSens-a^f} Medium Den- includes city Multiple- Family,�,R.,,Rr:acm High Den- .tee-a°°m- slly Multiple - Family "—ind— Public Ac-ammmum-et- modatlon WOBn� Public Ac- f200Fsq- mmoda- tion 2 ^ 200 sai Commercial n. for each Core 1 person ac - Commercial copying the Core 2 EHU, Commercial Core 3 Commercial Sery Centers Arterial Bus, - Parking District General Use Heavy Ser - as Ski Base/ Recreation Ski Base/ Recreation 2 Special Development District Type IV Any dwelling The EHU WA N/A 6hell-be- Per Chapter SheN-be- &hell - be - un, may be may only 6haVbe- determined- 12-10 as a determined-do, gnated be sold or- - - -- na* r b, zomg dwelling unit. ainom br- cg byieaing-orr and deed transferred brec-ngerr I>raPMY. Pr°PedY PreDenY restricted as separately. phorni NIA NIA The EHU is a Type IV calculated EHU un as density. lass already designated as an EHU, TyP WWy L Permitted The EMU WA N/A WA Per Chapter Per Chapter The EHU is (Commercial Use: may be sold 12-10 as a 12-23, Com- calculated Linkage Any dwelt- or trans- dwelling mercia1 as density. mitigation Ing unit may tarred sepa- unit. Linkage until be designst- rately. The ed and deed EHU shall restricted as be linked to a Type IV -CL a specific EHU, un- Commercial less already Linkage designated employee as an El housing mitigation mmem C38 Saturday, May 10, 2008 THE VAIL DAILY 970.949.0555 vaildaily.com Per Chapter The EHU is applicable employee generation rate by consulting the Town's current nexus study. Type N4Z Permitted The EHU N/A N/A N/A Per Chapter p 0.7 Employees per net new units (Inclusionary Use: 5.1 Employees per 1,000 feet of new net floor area may be sold 6.75 Employees per 1,000 feet of new net floor area Conference Facility 12-10 as a 12-24, In- calculated Spa Zoning Any dwell- or trans- dwelling clusionary as density. mitigation ing unit may tarred sepa- unit. Zoning unit) be designat- rately. The ed and deed EHU shall restricted as be linked to a Type IV-IZ a specific EHU, un- Inclusion - less already any Zoning designated employee as an EHU. housing requirement. mitigation Type V Permitted The EHU Thier N/A T„HI Per Chapter 1 .200 sq. It, The EHU Use: shall not beLandrifell nel-emille& 12-10 as a m x. is allowed Hillside be sold or met to dwelling unit. eauMs as a Residential transferred GRFA. 9-1-9- eregs-arao- Gond 2++d saps separately N/A erediF: on the from the unit N/A property. it is assodi- ated with, Type VI Conditional As governed Allowable ANeweo -axle Requite- Per Chapter AHawable- Allewnblr Use-. by the man. ^ A , eeverege-and meals -sheµ 12-10 as a GFRA-smelt dens ilyshell, Housing agement ba As deter- landscape be As deter- dwelling ba As deter- be As deter - plan. mined oy the area -shalt mined by the unit oras- mined by the mined by :he Shall not be PEC. be As deter- PEC. required by PEC. PEC. subdivided or nod by the 1„rPFGor divided into PEC, a parking any form of manage - time share. ment plan interval per Article nerslip, or 12-61, Hous - fractional fee ing District unit. Type VII -CL Permitted The EHU The EHU is N/A N/A Per Chapter Per Chapter The EHU is (Commercial Use: may be sold ..eluded 12-10... 12-23, Com- excluded Linkage High Den- or trans- from the dwelling unit mercial from the mitigation sity Mul- ferred sepa- calculation or a parking Linkage calculation unit) ti pie Fam- rately. The of GRFA. manage- of penalty. ily, Housing EHU shall ment plan District, be linked to per Chapter Public Ac- a specific 12-23, Com- moda- Commercial tial tion, Public Linkage Linkage Accom- employee modation 2, housing Commercial mitigation Core 1, requirement. Commercial Core 2, Commercial Core 3, Commercial Service Cen ter, Arterial Bus General Use, Lionsheed Mixed Use 1, Lionshead Mixed Use 2, Ski Base/ Recreation, Ski Base/ Recreation 2, Parking District, and Special De- velopment Districts TypeVIH2 Permitted The EHU The EHU is N/A N/A Per Chapter Per Chapter The EHU is (Inclusionary Use: may be sold excluded 12-10 as a 12-24, In- excluded Zoning Permitted or trans- from the dwelling unit clusionary from the mitigation Use: tarred sepa- calculation r a parking Zoning calculation unit) High Den- rately. The of GRFA. manage- of density. sity Mul- EHU shall ment plan ti pie Fam- be linked to per Chapter fly, Housing a specific 12-24. In District, Inclusion- clusionary Public Ac- ary Zoning Linkage. ,oda- employee tion, Public housing Acc mitigation modation 2, requirement. Commercial Core 1e Commercial Core 2, Commercial Core 3, Commercial Set v we Can, ter, Arterial Buc ness, General Use, Lionsheed Mixed Use 1, Lionsheed Mixed Use 2, Ski Base/ Recreation, Ski Base/ Recreation 2, Parking District, and Special De- velopment Districts Section 24. Chapter 12-23. Commercial Linkage. of the Vail Town Code is hereby amended as follows (text to be deleted is In stM eHneugh text that is to be added Is bold): 12-23-1 PURPOSE AND APPLICABILITY'. A. The purpose of this Chapter Is to ensure that new commercial development and redevelopment in the Town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. 8. Except as provided in Section 12-23-5. this Chapter shall apply to all new commercial development and redevelopment located with, the lollowing zone districts 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA)', 3. Public Accommodation 2 (PA2), 4. Commercial Core 1 (CCI): 5. Commercial Core 2 ICC2), 6. Commercial Core 3 (CC3).. 7. Commercial Service Center (CSCR, 8. Arterial Business IABD)', 9, General Use (GU)'. 10. Heavy Service (HS), 11. Lionsheed Mixed Use 1 (LMU1). 12. Lionsh:ad Mixed Use 2 (LMU2)'. 13. Ski Base/Recreation (SBR). 14. Ski Base/Recreation 2 (SBR2), 15. Parkng District (P), and 18. Special Development (SDD). C. The requirements of this Chapter shall be , addition to all other requirements of this Code. TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type of Use Employee Generation Rates Retail Store/Personal Service/Repair Shop 2,4 Employees per 1,000 feet of new net floor area Business Office and Professional Office (excluding Real Estate Office 3.2 Employees per 1,000 feet of new net floor area Accommodation Unit/Linnrad Service Lodge Unit 0.7 Employees per net new units Real Estate Office 5.1 Employees per 1,000 feet of new net floor area Eating and Drinking Establishment 6.75 Employees per 1,000 feet of new net floor area Conference Facility 0.8 Employees per 1.000 feet of new net floor area Health Club 0.96 Employees per 1,000 feet of new net floor area Spa 2.1 Employees per 1.000 feet of new net floor area D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 12-23-2'. EMPLOYEE GENERATION AND MITIGATION RATES'. A. The employee generation rates found In Table 23.1, Employee Generation Rates by Type of Commercial Use. shall be applied to each type of use in a commercial development. For any use not listed. the Administrator shall determine the B. If an applicant submits competent evidence that the employee generation rates contained in Table 23.1 0 the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employ.. generation rates. the Administrator shall allow for such a deviation as the Administrator deems appropriate. C. Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of the employees generated. pursuant to Table 23-1. or the nexus study, In accordance with the requirements of this Chapter. For example. for a development proposing 2,500 square feet of new net floor area for an eating and drinking establishment, the equation would be as follows'. ((2.500 square feet a 1.000 square feet) x (6.75)) = 16.875 new employees generated 16.875 new employees generated x 20% = 3.375 employees to be housed 12-23-3. SIZE AND BUILDING REQUIREMENTS'. A. Table 23-2. Size of Employee Housing Units, establishes the minimum size of EHUs and the number of employees that can be housed In each. All EHUs shall meet or exoeed the minimum size requirements. B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided es -required -by In accordance with Chapter 10 of this Title. 1. Exception for on-site units: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. Id. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car -share programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no Interior access from any EHU to any dwelling unit to which it may be attached. G- 12-23-4 REDEVELOPMENT'. Employee housing Impacts need only be mitigated fora redevelopment that results Ina greater number of employees generated from an increase In net floor area. or an increase In the number of accommodation units or limited service lodge units In the redevelopment. provided however. that if any existing EHUs are to be removed. an equal amount of EHUs shall be replaced In addition to the other requirements of this Chapter. 12-23-5'. EXEMPTIONS. The following shall be exempt from this Chapter: 1. The redevelopment of existing commercial development. if no new net floor area. accommodation units. or limited service lodge units are created. and 2. The construction of EHUa. 12.23-6. METHODS OF MITIGATION. A. For all new construction (i.e. development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 1.25 employees or greater, no less than one-half ('h) the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a "Type IV -CL" (type four, commercial linkage mitigation) or "Type VII -CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. Al the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may provide a payment of fees -in -lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 1.25 employees. 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12.23-6B below. k B. For all development projects except those mitigated by Section 12-23-6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this Title, the choice of method(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. i� a. The ,........_ ..._. _.. . All on-site EHUsshell be deed restricted as a "Type Il (type four, commercial linkage mitigation) or "Type Vill (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. TABLE 23-2 SIZE OF EMP--,_OYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Number of Employees Housed Dormitory 250 1 Bud,. 436 1'25 One -Bedroom 613 1'75 Two -Bedroom 788 2.25 Three or More -Bedroom 1,225 3.5 B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided es -required -by In accordance with Chapter 10 of this Title. 1. Exception for on-site units: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. Id. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car -share programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no Interior access from any EHU to any dwelling unit to which it may be attached. G- 12-23-4 REDEVELOPMENT'. Employee housing Impacts need only be mitigated fora redevelopment that results Ina greater number of employees generated from an increase In net floor area. or an increase In the number of accommodation units or limited service lodge units In the redevelopment. provided however. that if any existing EHUs are to be removed. an equal amount of EHUs shall be replaced In addition to the other requirements of this Chapter. 12-23-5'. EXEMPTIONS. The following shall be exempt from this Chapter: 1. The redevelopment of existing commercial development. if no new net floor area. accommodation units. or limited service lodge units are created. and 2. The construction of EHUa. 12.23-6. METHODS OF MITIGATION. A. For all new construction (i.e. development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 1.25 employees or greater, no less than one-half ('h) the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a "Type IV -CL" (type four, commercial linkage mitigation) or "Type VII -CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. Al the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may provide a payment of fees -in -lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 1.25 employees. 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12.23-6B below. k B. For all development projects except those mitigated by Section 12-23-6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this Title, the choice of method(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. i� a. The ,........_ ..._. _.. . All on-site EHUsshell be deed restricted as a "Type Il (type four, commercial linkage mitigation) or "Type Vill (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 7. Fees -in -lieu. A proposal to pay fees -in -lieu shall include a bee statemen exp a 9 proposal'. and 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. G. B. Review: 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 1.25 employees. 2. The Planning and Environmental Commission shall approveapprove with modifications or deny an employee housing plan unless the plan involves a total mitigation requirement of less than 1.25 employees; the development plan is located within a Special Development District; or the plan Includes a request to convey property.,' TABLE 24-1 SIZE OF EMPLOYEE HOUSING UNITS Saturday, May 10, 2008 C39 THE VAIL DAILY 970.949.0555 vaildaily.com Size (GRFA) b' evm B. Planning and Environmental Commission review. Any applicant for commercial development who feels that the At the discretion of the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Co m ss on for an sole of the requirements imposed by this Chapter. If the Planning and Env ronmental Commission'd t m nes that the applicable governing body, an applicant may provide on-site dormitory style units.adjustment application of this Chapter would result in an unlawful taking of private property without just compensation. the Planning and Three or More -Bedroom Environmental Commission. may alter, lessen, or adjust eloyee housing requirements as applied to the particular project 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which Town under consideration to ensure that there Is no unlawful uncommppensated taking. no pants, restrictions or Issues exist that would limit the construction of EHLJ at the sole discretion of the applicable governing body and may provide for a reduction in the parking requirements than Chapter 10 of this Title would require. For example, a Council. This method does not mitigate the on-site unit requirements of Section 12-236A above. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by and, applicant, affected ane. the applicant may request a hearing before the Town Council. Such hearing shall be a quasi-judicial hearing aconducted 3. Off-site units. cording to the Town's rules and regulations regarding quasrjudicial hearings. At such hearingthe burden of proof shall be on the Town. the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without The requisite number of EHUs, or a polan thereof, may be provided oft -site within Erns compensation pursuant to applicable law. 11 the Town Council determines that the application of this Chapter would effect provided }hal such are deed restricted in accordance with this Chapter. lust illegal taking without just compensationth 7, wit Council may alter lessenor adjust the employee housing requirements 12-23-9'. OCCUPANCY AND DEED RESTRICTIONS'. an th undo c ids abon to ensure that no illegal uncompensated taking occurs The decision of b. At the sole discretion of the Planning and Environmental Commission an applicant may provide oft as applied t particular protect t 'I foal review. site dormitory units unless the appl'cat on in for a Special Development D'str ct, in which case, the Town Council [he Town C shall be sublet} only judicial In Its sole discretion. may accept dormitory units as a method of mitigation. Section 25. Chapter 12-24 Inclusionary Zoning, of the Vail Town Code is hereby amended as follows (text to be deleted is in stake hreegh, text that is to be added is bold). 4. Payment of fees -in -lieu. ePpreve paymenteFetee-irl- C - u. 12-24-1 PURPOSE AND APPLICABILITY'. The fee -in -lieu for each employee to be housed shall be established annually by resolution of the A. The of this Chapter is to ensure that new residential development and redevelopment In the Town Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the purpose Vail forareasonable amount of employee housing to mitigate the impact on employee housing caused by such Dunt covered by rental or sale income)of real properly and all related planning, design, site development. legal. of provide development and redevelopment. construction and construction management costs of the project, in current dollars, which would be incurred by the residential Town to provide housing for the employee to be housed in that year. B. This Chapter shall apply to all new residential development and redevelopment located within the following b. An administrative fee, established by resolution of the Town Council.. shall be added to the amount zone districts, except as provided in Section 12-24-5: set forth m paragraph a hereof. 1, High Density Multiple Family (HUME). c. Fees -in -lieu shall be due and payable prior to the issuance of a building permit for the 2 Public Accommodation (PA): development 1. The remodeling of an existing dwelling unit, d. The Town shall only use monies collected from fees -in -lieu to provide new employee housing. 3. Public Accommodation 2 (PA2)', Conveyance off-site. The Town Council may. store sole oiscretlon. accept the conveyance of 4, Commercial Core 1 (CC1). 5. of property property off-slte n lieu of requiring the provision of EHUs, provided that no covenants, restrictions or Issues exist on such 5. Commercial Core 2 (CC2), propedy that would limit the construction of EHUs. 3. The construction of EHUs. anders 6. Commercial Core 3 (CC3)', �P tedat, it is !ft- (i.e. development that does not affect any existing buildings or structures) and GhnPte*-resuln-'n"' 7. Commercial Service Center (CSC)', 12-23-7'. MITIGATION BANK'. e. Arterial Business (ABD). A. The Town will credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in 1, Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from provide of future commercial development or redevelopment, provided that those EHUs meet aapplicable requirements g General Use (GU) ) anticipation of this Title. However. the construction or acquisition of EHUs in anticipation of future development is at the sole risk of the 10 Heavy Service IIS Y ( ) applicant. because the commercial development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for commercial development review e submitted to the Town, even it those regulations change atter the 11 Lionshead Mixed Use t (LMU1 t EHUs are conslrucled. B. II shall be the applicant's responsibility to provide documentation of any existing EHU credit upon submission of an 12. Donshead Mixed Use 2 (LMU2). application for development review. If the applicant cannot adequately document such credits.. the Town shall not be obligated 13. Ski Base'Recreation (SBR), to provide such credo. 14. Ski Base/Recreation 2 (SBR2)'. 12-23-8. ADMINISTRATIONS. A. Each application for development review, except those exempt pursuant to Section 12-23-5, shall include an 15. Parking District (P) and employee housing plan arsfstemanhef•exemptiarrwhich includes the following: 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code, 1. Calculation Method. The calculation of employee generation, Including credits if applicable, and the - provision D. When of this Chapter conflicts with any other prows.on o1 this Code, the Sion of this mitigation method by which the applicant proposes to me of the requirements of this Chapter', any provision Chapter shall control. 2.Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section HOUSING REQUIREMENTS. 12-23-3, Size and Building Requirements:. 12-24-2 EMPLOYEE the lot size of other dwelling units in the Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the 3. Lot Size. The average lot size of the proposed EHUs and average Town by providing employee housing at a mitigation rate of len percent (10%) of the total new GRFA. commercial development or redevelopment, if any: For example, for a development proposing 5,500 square feet of new GRFA the calculation would be as follows. 4. Schedules. Atimeline for the provision of any off-site EHUs-. 5.500 square feet of new GRFA x 10% mitigation rate = 550 square feet of employee housing to be provided 5. Off -Site Units, A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposed, 12-24-3'. BUILDING REQUIREMENTS. 6. Off -Site Conveyance Request. A request for an of! -site conveyance shall include a brief statement Table 24-1. Size Employee Housing Units establishes the minimum size requirements for EHUs under this explaining the basis for the request. f t I in n the basis of the A. of Chapter. All EHUs snail meet or exceed the minimum size requirements. 7. Fees -in -lieu. A proposal to pay fees -in -lieu shall include a bee statemen exp a 9 proposal'. and 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. G. B. Review: 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 1.25 employees. 2. The Planning and Environmental Commission shall approveapprove with modifications or deny an employee housing plan unless the plan involves a total mitigation requirement of less than 1.25 employees; the development plan is located within a Special Development District; or the plan Includes a request to convey property.,' TABLE 24-1 SIZE OF EMPLOYEE HOUSING UNITS B, Every EHU shall contain a kitchen facility or kitchenette and a bathroom, Type of Unit Minimum Size (GRFA) Dormitory 250 Studio 438 One -Bedroom 613 Two -Bedroom 788 Three or More -Bedroom 1,225 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a B, Every EHU shall contain a kitchen facility or kitchenette and a bathroom, development located within a Special Development District or a plan requesting to convey property. C. All trash facilnles shall be enclosed. 4. Before granting approval of an employee housing plan, the applicable governing body shall make findings that in with Chapter 10 of this Title. the employee housing plan conforms to the general and specific purposes of this title, and that the plan is compatible D. Parking snail be provided es+egniredby accordance with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. EHUs: At the discretion of the applicable governing body, variations to the 9 C. If modifications to a submitted application for development review changes the obligations of the applicant under 1. Exception for on-site parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee be by the this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be housing plan subject to a parking manmeagent plan. The parking management plan may approved for on-site units based reviewed by the body that reviewed the Initial employee housing plan, in accordance with the provisions of this Chapter. applicable governing body and may provide for a reduction in the parking requirements than Chapter 10 of this Title would require. For example, a E D. An approved employee housing plan shall become pan of the approved application for development review for the a demonstrated need for fewer parking spaces demonstrated need for a reduction in the required parking could include: affected ane. a. Proximity or availability of alternative modes of transportation including, but not limited to, public E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the transit or shuttle services, procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not alter the of cars for each unit. the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the b. A limitation placed in the deed restrictions limiting number Administrator. C. A demonstrated permanent program including, but not limited to, rideshare programs, car -s are 12-23-9'. OCCUPANCY AND DEED RESTRICTIONS'. programs, shuttle service, or staggered work shifts. A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. E Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. �dedi+n0�rons-fe'-9ansifyCenkaH- C. An EHU may be sold or transferred as a separate unit on the site. C - D, An EHU shall be continuously occupied by an employee rented and shall not remain vacant for a period in pave. ef-en-eddrtione! s of three (3) consecutive months unless. despite reasonable and documented efforts to rent occupy the EHU, rental soler. efforts are unsuccessful. 12-24-4-. REDEVELOPMENT. E. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a term provided by the following information if Employee housing need only be provided for the increase in the GRFA of a redevelopment, provided however. that the Town to the Town of Vail Community Development Department containing any existing EHUs are to be •emoved, an equal amount of EHUs shall be replaced in addition to other requirements o1 this 1. Evidence to establish that the EHU has been occupied throughout the year by an employee, Chapter. 2. The rental rate (unless owner -occupied). 12-24-5. EXEMPTIONS 3. The employee's employer', and The following shall be exempt from this Chapter. 4. Evidence to demonstrate that at least one tenant person residing in the EHU Is an employee. 1. The remodeling of an existing dwelling unit, 12-23-10'. TIMING' 2. The replacement of a demolished residential development, provided the replacement structure does not exceed All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of the total GRFA of the original structure and occupancy for the affected commercial development or redevelopment. 3. The construction of EHUs. 12-23-11. VARIANCES'. 12-24-6'. METHODS OF MITIGATION: Variances Iran, the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in (i.e. development that does not affect any existing buildings or structures) and Chapter 17 of this Title. A. For all new construction demolrebuild projects that result in a mitigation requirement of 438 aq. ft. or greater, no less than one -hag (%) the 12-23-12 REVIEW. mitigation of employee housing required by this Chapter shall be accomplished with on-site units. A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawi,l taking of private 1, Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from property without the payment of just compensationand therefore, the Town Council adopts the review procedures set forth In this subsection based upon one of the following findings: this Section. C40 Saturday, May 10, 2008 e. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on -sits unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. c. Exceptions[ or extraordinary circumstances or conditions apply to the site that prevents the Implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the Intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be dead restricted as a "Type IV4Z" (type four, inclusionary zoning mitigation) or "Type VIHZ" (type seven, Inclusionary zoning mitigation) EHU In accordance with Chapter 12-13, Employ" Housing, of this Title. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may provide a payment of Nee-In4ieu for any tractional remainder of the requirement generated under this Chapter totaling less than 438 sq. ft. of EHU floor area. 6. Any remaining portion of the mitigation requirement not provided with on-eite units may be provided In accordance with Section 12-24.68 below. A: B. For all development projects except those mitigated by Section 12 -24 -GA above, the mitigation of employee housing required by this Chapter she% be accomplished through one, or any combination, of the methods further described In this section. Unless otherwise regulated by this Title, the or of method(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. 1. On -she units. 1. On-site units. a. am do efird. All on-site EHUs shall be dead restricted es a "Type IV4Z" (type four, inclusionary zoning mitigation) or "Type Vil (type seven, Ineluslonary zoning mitigation) EHU In accordance with Chapter 12.13, Employ" Housing, of this Title. b. At the sole discretlon of the applicable governing body, an applicant may provide on-site dormitory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town of Vail on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the onsite unit requirements of Section 12 -24 -GA above. 3. Off -she units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission. an applicant may provide off-site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation, 4. Payment of fees -in -lieu. Tile Ple in mit and E v crime .1 Go 14rin as _ may a. The fea-in-lieu for each square fool shall be established annually by resolution of the Town Council, provided that in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide the square feel in that year. b. An administrative tee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. c. Fees -in -lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from the fees -in -lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at he sole discretion, accept a conveyance of real property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property that would limit the construction of EHUs. 12-24-7 MITIGATION BANK: A. The Town will provide credit for any EHUs constructed onsite, constructed offsite, or otherwise acquired in anticipation of future residential development or redevelopment, provided that those EHUs meet all applicable requirements of this Chapter. However, the construction or acquisition of EHUs in anticipation of future development is at the risk of the applicant, because the residential development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for development review is submitted to the Town, even it those regulations change after the EHUs are constructed. B. h shall be the applicant's responsibility to provide documentation of any existing EHU credits upon submission of an application for development review. It the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credits. 12-24-8: ADMINISTRATION: A. Each application for development review, except those exempt pursuant to Section 12-24-6, shall include an employee housing plan which includes the following: 1. Calculation Method. The calculation of the inclusionary zoning requirement, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter 2, Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-24-3, Building Requirements; 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units In the commercial development or redevelopment, if any, 4. Schedules. A timeline for the provision of any off-site EHUs, 5, Off -Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal; 6. Off -Site Conveyance Request. A request for an off-site conveyance shall include a brief statement explaining the basis for the request, and 7. Fees -in -lieu, A proposal to pay tees -in -lieu shall include a brief statement explaining the basis of the proposal. 8. Written Narrative. A written narrative explaining how the employee housing plan meats the purposes of this Chapter and complies with the Town's Comprehensive Plan. THE VAIL DAILY 970.949.0555 vaildaily.com G. B. Review: 1. The Administrator shall approve, approve with modifications or deny an employes housing plan involving a total mitigation requirement of less than 438 square feet of EHU floor area. 2. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan unless the plan involves less then 438 square feet of EHU floor ants; the development plan is located within a Special Development District; or the plan includes a request to convey propert 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development District or a plan requesting to convey property. 4. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing plan conforms to the general and specific purposes at this title, and that the plan Is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. 6-, C. It modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, In accordance with the provisions of this Chapter. E D. An approved Employee Housing Plan shall become part of the approved application for development review for the affected site. E. Requests to emend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not after the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 12-24-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee rented and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to tore occupy the EHU, rardal efforts are unsuccessful. E. No later than February 1 of each year, the owner of each EHU shall submit a sworn affidavit on a form provided by the Town with the following information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year; 2. The rental rate (unless owner -occupied); 3. The employee's employer; and 4. Evidence to demonstrate that at least one teaere person residing in the EHU is an employee at a business located in Eagle County. 12.24-10: TIMING: All EHU. required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected residential development. 12.24-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-24-12'. REVIEW: A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for residential development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi-judicial hearing and conducted according to the Town's rules and regulations regarding quasi-judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapter would affect an illegal taking without just compensation, the Town Council may after, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 26. 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 his ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardle tas of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 27. 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 26. 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 es 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 29. 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 61h day of May, 2008 and a public hearing for second reading of this Ordinance set for the 20th day of May, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Published in the Vail Daily, May 10, 2008 * Does not include Photo Ads The. Real Estate, * Includes 4 boil words , �;No cancelations or changes in listings # Rentals allowed Bulk Do' aAds run 28 days in Wig Daily and 4 times in Mountain Homes ads OW & Properties! o AdduttDBpl band" call 84509931' toyouronbnead PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE 0731 I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ........ i........ consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated .....i.�0..:.. l �' A.D..... R©. 5�......... and that the last publication of said notice was in the issue of said newspaper dated...:Fa!'1.:.. ........ A.D . ...... Z.eoJ .............. � f In witness witness whereof I have hereunto set my hand this ....3......day of �.0 Vii......u7. `J ........... .. ..... ... .. ............................. Publisher Subscribed and sworn to this ..................... day me, a notary p for the County of Eagle, State of Colorado, 0TARY G<� SIV v 0 fBOCi Q Q` r i � r4 I "'ao Notary Public My Commission expires ........ 'tOtv.JiXP.}r ............ 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N U ro C V o. E roCC�C0 m y d N F- >- 2 0 W O amWU c co O N 0 ECvmmmS UINro v0-.,_: (n O 2 -LU c O oro ¢ c °1O w�a>OC N -0a`> O O Z> -Ln Z>>-_ 7 m m "L'cyo�N.ro��«L"�_aiyOmy.T�EEdL�.camo' Wam�o0LLm2 CTroCO O QWUO>O C =Nro3 LdTNa°0U$C.ro.m.'��ND Owsi o 0 a-80 O <0-2T zj� °0Q= ddm3 00wmNa mE T 2wY- F'. LUmOOOo � Znm 0 �'Wo 5z H0p oR=cNi C Om ZQcWn �oM LU W N.O aOp) ?Q-LLI a: �0�mU?20p c n£ acknowledge the accuracy of the 01.42,.0.8_ publication of Ordinance No. 3, Series of 2008. 4a*--Matt Mire, wn Attorney �d# �� Rachel Friede, Planner wheels qN 9, 2008 PUBLIC NOTICE ORDINANCE NO.3 SERIES OF 2008 ORDINANCE NO. 3, SERIES OF 2008, AN ORDINANCE AMENDING CHAPTER 14-10, DESIGN REVIEW STANDARDS AND GUIDELINES, VAIL TOWN CODE, IN ORDER TO MODIFY THE WILDFIRE ROOFING REGULATIONS REQUIRING CLASS A ROOF ASSEMBLIES OR CLASS A ROOF MATERIALS IN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail, at its February 6, 2007 meeting; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its December 10, 2007 meeting, and has submitted its recommendation to the Vail Town Council: and WHEREAS , the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town: and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general purpose of the Development Review Handbook; and WHEREAS. the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS , the Vail Town Council finds that these amendments will aid in clarifying regulations for changes to structures that do not conform with the wildfire roofing regulations that require Class A roof assembly or Class A roof covering materials and bans wood shake and wood shingles; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO,THAT: Section 1. The purpose of this ordinance is to clarify Chapter 14-10 to address structures that are not in compliance with the wildfire roofing regulations Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 14-2-1 is hereby amended as follows: RIDGE: The uppermost, horizontal external angle formed by the intersection of two sloping roof planes. VALLEY: The internal angle formed by the intersection of two sloping roof planes. Section 3. Section 14-10-5 is hereby amended as follows: F. All structures shall have class A roof assemblies or shall have class A roof covering materials, as defined by the adopted building code. The use of concrete tile, slate, metal, asphalt shingle, fiberglass ..,shingle, and built up tar and gravel roofing may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be Surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including, but not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted, shall weigh no less than three hundred (300) pounds per roofing square. The use of wood shake, wood shingles and rolled roofing shall not be permitted. Two-family and multi -family dwellings shall be required to have uniform roof covering materials, except when the Design Review Board determines that the materials are compatible, are integral to the architectural style of the structure and different materials do not share any ridges or planes, but may share a valley. 1. Nonconforming Structures: All structures that do not have a Class A roof assembly or Class A roof covering material, or structures with wood shake or wood shingles shall come into compliance as follows: a. Repair and maintenance of twenty-five (25) percent or more of the roof area of a single-family dwelling, a side of a two-family dwelling, or of an entire multiple -family dwelling within a twelve (12) month period, or fifty (50) percent or more of the total roof area in any time period shall require compliance of the entire roof of the single-family dwelling, the affected side of a two-family dwelling, or an entire multiple -family dwelling. b. All additions affecting roof area shall trigger compliance of the roof structure of a single-family Ne ; , THE VA11 nmiv 07ll.nnn r,«r- - - vaildaily.com Leyals 1. _.... , _ ._.....�, _... _ _....._ ..._.-.._ ._...... ---- -. . - - one-time exemption of up to 500 square feet of GRFA, occurring after February 6, 2007, where any addition of root area does not share a plane or ridge with the nonconforming roof, and may only share a valley. The additional roof area shall conform to rooting regulations, and shall be deemed compatible by the Design Review Board. c. Two-family structures: Upon reroofing one side of a two-family dwelling, the other side may be required to reroof if the two sides have roof systems that share ridges or planes. Different materials on each side of the two-family dwelling may be permitted by the Design Review Board if the materials are deemed compatible, integral to the architectural style of the structure and share a iiiielley or do not intersect. d. Developments with multiple structures: Upon reroofing a single structure that is part of a multi -structure project with conforming roof covering materials that do not match existing materials, the conforming materials shall be deemed compatible with the existing nonconforming materials by the Design Review Board. Upon reroofing of additional structures in the development, the materials shall match the approved conforming materials. Should the matching material no longer be manufactured, a different material may be permitted, should the materials be deemed compatible by the Design Review Board. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The and proper for the healthn safety and welfare ordinancefinds, determines and declares that this is necessary re of the Town of Vail and the thereof. 1W Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended, The ss expressly stated erreinshall �t revive any provision or any grd nacepreviously repealed orsuperseded unle Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON, FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of February, 2008 and a public hearing for second reading of this Ordinance set for the 19th day of February, 2008, at 6:00 P.M. in the Council Chambers of the Vail '*6nicipal Building, Vail, Colorado. /s/Richard D Cleveland Mayor ATTEST: /s/Lorelei Donaldson Town Clerk Published in the Vail Daily on February 9, 2008. (1146710) JIT* & Dale —. zJ obs ••• Every. Monday in vailnaily PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE 0762 I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ..... /........ consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated .....49-5 ............... A.D.and that the last publication of said notice was in the issue of said newspaper dated..4`....... A.D...... .f? ................ In witness whereof I have hereunto set my hand this ..s . day of ........... ..... ................................. ....... k. Publisher Subscribed and —sworn to before me, notary public in and for the County of Eagle, State of Colorado, this ..... �/........... day of ....... — `.....! -� J. So, �Q 9VOTARy n W� N G q� pUBL�Ci Q o My Commission ?�eb��<..........O�.Po,\\�k.............. Notary Public C36 Saturday, February 23, 2008 ORDINANCE NO. 3 SERIES OF 2008 ORDINANCE NO. 3, SERIES OF 2008, AN ORDINANCE AMENDING CHAPTER 14-10, DESIGN REVIEW STANDARDS AND GUIDELINES, VAIL TOWN CODE, IN ORDER TO MODIFY THE WILDFIRE ROOFING REGULATIONS REQUIRING CLASS A ROOF ASSEMBLIES OR CLASS A ROOF MATERIALS IN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail, at its February 6, 2007 meeting; and —REAS, the Planning and Environmental Commission of the Town of Vail has held , . ,s on the proposed amendments in accordance with the provisions of the Vail 'Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendmen;s at its December 10, 2007 meeting, and has submitted its recommendaflon to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elemerts 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 Planning and Environmental Commission finds that the proposed amendments further the general purpose of the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission 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 tl5mmunity of the highest quality; and WHEREAS, the Vail Town Council finds that these amendments will aid in clarifying regulations for changes to structures that do not conform with the wildfire roofing regulations that require Class A roof assembly or Class A roof covering materials and bans wood shake and wood shingles; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF Ordinance No. 3, Series of 2008 VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to clarify Chapter 14-10 to address THE VAIL DAILY 970.949.0555 vaildaily.com a. Repair and maintenance of twenty-five (25) percent or more of the roof area of a single-family dwelling, a side of a two-family dwelling, or of an entire multiple -family dwelling within a twelve (12) month period, or fifty (50) percent or more of the total roof area in any time period shall require compliance of the entire roof of the single-family dwelling, the affected side of a two-family dwelling, or an entire multiple -family dwelling. b. All additions affecting roof area shall trigger compliance of the roof structure of a single-family dwelling, a side of a two-family dwelling, or the entire multiple -family dwelling, except for a one-time exemption of up to 500 square feet of GRFA, occurring after February 6, 2007, where any addition of roof area does not share a plane or ridge with the nonconforming roof, and may only share a valley. The additional roof area shall conform to roofing regulations, and shall be deemed compatible by the Design Review Board. c. Two-family structures: Upon reroofing one side of a two-family dwelling, the other side may be required to reroof if the two sides have roof systems that share ridges or planes. Different materials on each side of the two- family dwelling may be permitted by the Design Review Board if the materials are deemed compatible, integral to the architectural style of the structure and share a valley or do not intersect. d. Developments with multiple structures: Upon reroofing a single structure that is part of a multi -structure project with conforming roof covering materials that do not match existing materials, the conforming materials shall be deemed compatible with the existing nonconforming materials by the Design Review Board. Upon reroofing of additional structures in the development, the materials shall match the approved conforming materials. Should the matching material no longer be manufactured, a different material may be permitted, should the materials be deemed compatible by the Design Review Board. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section S. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that ---4 . ;r +n 0— ufF.Mi— ri-to 1,-,—,F -,..., nrne—fi— -- —A n....a..., mks —;-.-- -- structures that are not in compliance with the wildfire rooting regulations ( I ext that Is to De deleted is sti isken. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 14-2-1 is hereby amended as follows: RIDGE: The uppermost, horizontal external angle formed by the intersection of two sloping roof planes. VALLEY: The internal angle formed by the intersection of two sloping roof planes. Section 3. Section 14-10-5 is hereby amended as follows: F. All structures shall have class A roof assemblies or shall have class A roof covering materials, as defined by the adopted building code. The use of concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built up tar and gravel rooting may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including, but not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted, shall weigh no less than three hundred (300) pounds per roofing square. The use of wood shake, wood shingles and rolled roofing shall not be permitted. Two-family and multi -family dwellings shall be required to have uniform roof covering materials, except when the Design Review Board determines that the materials are compatible, are integral to the architectural style of the structure and different materials do not share any ridges or planes, but may share a valley. 1. Nonconforming Structures: All structures that do not have a Class A roof assembly or Class A roof covering material, or structures with wood shake or wood shingles shall come into compliance as follows: proceeding as commenced under or by virtue of the provision amended. The amendrr-©nt of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5' day of February, 2008 and a public hearing for second reading of this Ordinance set for the 191' day of February, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson. Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19'h day of February, 2008. ATTEST: Lorelei Donaldson, Town Clerk Richard D. Cleveland, Mayor - - V" I acknowledge the accuracy of the 02.23.08 publication of Ordinance No. 3, Series of 2008. 4 Ma ire, Town Attorney d �aei rrIjCj P11011er C36 Saturday, February 23, 2008 THE VAIL DAILY 970.949.0555 vaildaily.com a. Repair and maintenance of twenty-five (25) percent or more of the roof area o/ a single-family dwelling, a side of a two-family dwelling, or of an ORDINANCE NO. 3 entire multiple -family dwelling within a twelve (12) month period, or fifty SERIES OF 2008 (50) percent or more of the total roof area In anytime period shall require ORDINANCE NO. 3, SERIES OF 2008, AN ORDINANCE AMENDING CHAPTER 14-10, DESIGN compliance o/ the entire roof of the single-family dwelling, the affected REVIEW STANDARDS AND GUIDELINES, VAIL TOWN CODE, IN ORDER TO MODIFY THE WILDFIRE ROOFING REGULATIONS REQUIRING CLASS A ROOF ASSEMBLIES OR CLASS A side of a two-family dwelling, or an entire multiple-famity dwelling. ROOF MATERIALS IN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD b. All additions affecting roof area shall trigger compliance of the roof THERETO. structure ofa single-family dwelling, a side o/a two-family dwelling, or the WHEREAS, the Vail Town Council adopted Ordinance No. 3, Series of 2007, an ordinance requiring Class A roof assembly or Class A roof covering materials and banning wood shake and wood shingles for all structures within the Town of Vail, at its February 6, 2007 meeting; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its December 10, 2007 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general purpose of the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council finds that these amendments will aid in clarifying regulations for changes to structures that do not conform with the wildfire roofing regulations that require Class A roof assembly or Class A roof covering materials and bans wood shake and wood shingles; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF Ordinance No. 3, aeries of 2008 VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to clarify Chapter 14-10 to address structures that are not in compliance with the wildfire roofing regulations (Text that is to be deleted is etriekes. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 14-2-1 is hereby amended as follows: RIDGE: The uppermost horizontal external angle formed by the Intersection of two sloping roofplanes. VALLEY: The Internal angle formed by the Intersection of two sloping roof planes. Section 3. Section 14-10-5 is hereby amended as follows: F. All structures shall have class A roof assemblies or shall have class A roof covering materials, as defined by the adopted building code. The use of concrete tile, slate, metal, asphalt shingle, fiberglass shingle, and built up tar and gravel roofing may be permitted. Metal roofing, when permitted, shall not reflect direct sunlight onto an adjacent property and shall be surfaced with a low gloss finish or be capable of weathering to a dull finish. Metal roofing, when permitted, shall be of a heavy gauge and designed to provide visual relief to the roof surface (including, but not limited to, a standing seam). Asphalt and fiberglass shingles, when permitted, shall weigh no less than three hundred (300) pounds per roofing square. The use of wood shake, wood shingles and rolled roofing shall not be permitted. Two-family and multi -family dwellings shall be required to have uniform roofcovering materials, except when the Design Review Board determines that the materials are compatible, are Integral to the architectural style of the structure and different materials do not share any ridges or planes, but may share a valley. 1. Nonconforming Structures: All structures that do not have a Class A roof assembly or Class A roof covering material, or structures with wood shake or wood shingles shall come Into compliance as follows: entire multiple -family dwelling, except for a one-time exemption of up to 500 square feet of GRFA, occurring offer February 6, 2007, where any addition of roof area does not share a plane or ridge with the nonconforming roof, and may only share a valley. The additional roofarea shall conform to roofing regulations, and shall be doomed compatible by the Design Review Board. c. Two-family structures: Upon reroofing one side ora two-family dwelling, the other side may be required to reroof If the two sides have roofsystems that share ridges or planes. Different materials on each side of the two- family dwelling may be permitted by the Design Review Board If the materials are deemed compatible, Integral to the architectural style of the structure and share a valley or do not Intersect. d. Developments with multiple structures: Upon reroofing a single structure that Is part of a mulfl-structure project with conforming roof covering materials that do not match existing materials, the conforming materials shall be doomed compatible with the existing nonconforming materials by the Design Review Board. Upon reroofing of additional structures In the development, the materials shall match the approved conforming materials. Should the matching material no longer be manufactured, a different material may be permitted, should the materials be deemed compatible by the Design Review Board. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders,resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5I" day of February, 2008 and a public hearing for second reading of this Ordinance set for the 19' day of February, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19"' day of February, 2008. ATTEST: Lorelei Donaldson, Town Clerk Richard D. Cleveland, Mayor PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE aturday, March 22, 2008 i! WHEREAS, signiticsnt iopruerht construction is proposed and already occurring within the Town of Vail has many physical -and ecottpmfc I npects on the T awds businesses. guests ped< the nsgative Impacts of lhle unprecedented volume of construction activities on the Town's businesses, " guests and residents, and, WHEREAS, on Februwy,2s. 2008, the PlSrhning I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- held a public hearing and reviewed ONfbrvortesa for per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a aammendend m terhdetion of approveg the•p menta,e.ZonmA g Regroposed ulations to Ste 71 general circulation therein; that said newspaper has been published continuously and uninterruptedly Town Council in accoitirm with the procedures in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first and criteria and findings outlined inChapter .t2 -a of publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the the Zoning Regulations of to Town of Vail; and, �'ro WHEREAS, to Town Council finds and tietermmes- - United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- that me amendments are consistent with the-ap- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices plkwblo elements -611.04s adopted poste ebfaeffyes and advertisements within the meaningof the laws of the State of Colorado. and policies outilned'in the van Cwhprare Plan and iswmpetbte v t ire pmeeD'CF Oc tives of the Teem aP memorandum to the E That the annexed legal notice or advertisement was published in the regular and entire issue of every Commission dated February25, 2008, endtbe o* dance and ppiimony presented; number of said daily newspaper for the period of ......../....... consecutive insertions; and that the first WHERLAS, the TO" Councitmtddanddelarminee y that the amendments furter the general and speck( - publication of said notice was in the issue of said newspaper dated ...... .x � ...z::. is purposes of the zoning Regulations, balled upon Section V of the Staff memorandum to to %nrdng arnitmilronmentsl Commission dated Febnrary 28, A.D.....` ..•••••••••• and that the last publication of said notice was in the issue of said newspaper 2008 end the evidence. and testimo y pre8 and, dated. . A.D......... ...... WHEREAS, the Town Courtetiflndsand det¢ttshiss �� ) —7� that the amend ment elms of ewi town r?i�ely morals, and general wetare of ihe'€i5nm and pre• � ' In witness whereof I have hereunto set my hand this .. day of ..................................... mote the coordinated andharmoranuidew,topmeat of theTown in a manner that conserves and an- hanoes Its natural environment and Its established characteras a resort•aAd residential community of to highest quality, based upon Section V 'of the .... Staff memorandum dated Fe*ilary 26, 2048. and, Publisher . WHEREAS, the Town Council fbxlsand detennines that the pubib health. safety, and we*A-wNt_be serveci'by teas adopting reguleflOn6, *, • Subscribed and sworn to before;. nota public in and for the Count of Eagle, State of Colorado, Sectionvottre§t�fftftornctrerhmtotheR►anrurhg ( / >ry P Y 9 and Environmental Commiesibn 000 February 25 ' _ ( ... Tr "r� 2008, and the evidence and testllsony presented. this............... day of .................. . NOW,'THEREFORE, BE IT ORpAINED BY. THE TOWN COUNCIL OF THE TOWN OF VAIL, COLO. 1 r r RADO, THAT: Section t. r' Subsection 12.14-20C, the Vail Town Code. here - r by amended as follows (text to be dbieted is in sh* 1 f > ethraugh, text that Is to be added is bold, eecxions of « {.... . ... .. ..rr text that are not amended ileus be8rtamltted.) C. Termination of Section: The authority gtarded Notary Public pursuant to this.sectior%ahan termingtgr,�f94pril t, T 2988 2010, unless sooner extended ealdrminated . a by separate ordinance of the councils My Commission expires �f s (� , ��' , > an art," Becggn, subsection, sect 'Zit LY teiice, d e reason held to 6e irwalid, a orf effect the validity of the remaining porton.-of this ordinance; and the Town Council hereby -declares it wouldhave passed this ordlnagce and esph paA, section, subsectlofh, sdntence, clause or phrase ttereef, tegerbr tithe faxf that any one or more 0791 PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ....../....... consecutive insertions; and tth�at� the first publication of said notice was in the issue of said newspaper dated .... k/.eiG. ��4.� ;: ... ........................ A.D.••yy{{•'�••y,�,••��••,,g�/........ and that the last publication of said notice was in the issue of said newspaper dated.0../...b .."' - A.D......... �— 4 ....... In witness whereof I have hereunto set my hand this.: �,.., da of ... y....... .. c .4 ubIisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado, this ......... day of ..... .. ..; ......................... n `, �' ��`•j� Notary Public My Commission expires Town of Vail, Lorelei Donaldson 1'~ CWk PuWbhed.ln tb�-iify�h��pi� , I acknowledge the accuracy of the July 5, 2008 publication of Ordinance No. 5, Series of 2008. A R z Matt Mire, T(r7- n Attorney Warren Campbell, Chief of Planning THE VAIL DAILY 970.949.0555 vaildaily.com ORDINANCE NO.5 SERIES OF 2008 AN ORDINANCE AMENDING ORDINANCE NO. 10, SERIES OF 2008, IN ACCORDANCE WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR A MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 4, VAIL CASCADE SUBDIVISION; AND TO RE-ESTABLISH THE APPROVED DEVELOPMENT PLAN FOR THE CORNERSTONE SITE, AREA A, CASCADE VILLAGE, TO ALLOW FOR THE DEVELOPMENT OF A MIXED USE DEVELOPMENT, LOCATED AT 1276 WESTHAVEN DRIVE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Ordinance No. 10, Series of 2008, repealed and re-enacted Ordinance No. 31, Series of 2007, to amend and re- establish the approved development plan for Area A, Cascade Village, SDD No. 4, to allow for certain additions to the "Vail Cascade Hotel Site", located at 1300 Westhaven Drive, Cascade Village; and; WHEREAS, the purpose of this ordinance is to amend Ordinance No. 10, Series of 2008, to amend and re-establish the developmer, standards for Development Area A, Cascade Village and to amend and re-establish the site specific development plan for the "Cornerstone Site", within Development Area A, to allow for the construction of the proposed Cornerstone Building; and WHEREAS, to the extend that there are any previous site specific development plan approvals or development standards established for the "Cornerstone Site', this ordinance is intended to specifically supersede and otherwise cause any previous site specific development plan approvals or development standards for the "Cornerstone Site" to become null and void; and WHEREAS, any and all site specific development plans and development standards approved and/or established for planning areas and sites within SDD No. 4, not specifically affected by this ordinance, shall remain valid and in full effect; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, on January 28, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval, with conditions, for the proposed major amendments to Special Development District No. 4, Cascade Village, to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Title 12, Zoning Regulations, Vail Town Code; and, WHEREAS, the Vail Town Council finds that the major amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented; and, WHEREAS, the Vail Town Council finds that the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented; and, WHEREAS, the Vail Town Council finds that the major amendment promotes the health, safety, morals, and general welfare of the Town, and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Special Development District No. 4, Cascade Village is hereby amended as follows (deletions are shown in strike hfough/ additions are shown in bold italics): Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. 'Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi -family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres and Special Development District No. 4 and the 97.955 acres may be referred to as'SDD No. 4." B. The district shall consist of five separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Cascade Village Coldstream Condominiums Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site Tract K Dedicated Open Space Roads TOTAL Development Area Acreage A 17.955 B 4.000 C 29.100 D 1.800 E 8.322 32.078 4.700 97.955 Development Plan—Required—Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Wate4erd Liftside Condominiums Building and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A, Vail Town Code. Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-76-3, (Commercial Core 1), Vail Town Code, except for in the COAG Cascade Residences building, where office arid-edaeatienaf uses shall be permitted on the first floor. The 'first floor' or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception) noted above, unless it is clearly accessary to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi -family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; T Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Munietpal Vail Town Code; 9. Cascade Club addition of a lap pool or gymnasium. Saturday, July 5, 2008 C41 B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi -family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Manieipat Vail Town Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. E. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16, the Town of Ve 1 Zon ng Regulations Conditional Use Permits, Vail Town Code. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro -brewery as defined in Town Chapter 12-2, Vail Town Code. E. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12. Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Density—Dwelling Units The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a total of two hundred eighty eight (288) accommodation or transient dwelling units and a maximum of one hundred thirty one (131) dwelling units for a total density of two two hundred seventy five (275) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots One -hundred four It 04) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling housing units (EHUs) as defined within Chapter 12-13, Vail Town Code. Density—Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289;445356,680 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots GRFA shall be calculated for each lot based on the Two -Family PrimarylSecondary Residential District, per Section 12-6D-8 Density Control, Vail Town Code. D. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. C42 Saturday, July 5, 2008 TABLE 1: AREA A PARKING & DEVELOPMENT STATISTICS This table is a compilation of information from 'Chart 1' and 'Chart 2' in Ordinance No 31, Series of 2007 and the best available information found at the time including floor plans and Staff memorandums. Hee Aeeommodatzan 9welling Unita GRFA ""am feet} o Parking Provided MiHraee- Liftside Condos 29 (formerly ormer) Waterford 39 54,034 2 64 I= ftside (Waterford) 01-31-05 29 2-R,o''s 47,-5�, 32,000 56 C-eseades 29 6 Millrace39 Phase I, II, IV 42 Westhaven- Condomnr ums Summer Solstice Sun Shading 1-3 32,000 01-31-05 29 Residences Morter Architects 44 12 13 Total On " 47,151 A-1.7 Site Plan 174 i0se Aeeempnedeflen Dweikng UnitsGRFA (square, feet) Oommefelal Squafe 1,600 Cascade Hetet 448 55,57 03-14-05 445 Ghap's-Restaurant Alpine Engineering 16.3 4,735 39 t -fete' Gafe 03-14-05 C005 2;480 +8 Pepi Sperts C006 4,735 2;491- 8 reside Bar Utility Details Alpine Engineering 1-1800 1-5 Blue -Tiger Pepi Sports 03-14-05 4,600 1-3 TerraeeRooms 1-20 58;069 Landscape Plan - Cascade Club 1-05 Terrace5;856 A2.0 15 Terrace Rooms 120 20 Plaza Rooms 20 7,205 105 +6 Plaza - Pete' Morter Architects 5,856 2,024 7 --- Genference 7,205 A2.4 Fourth Level Plan 35 Fitness Club5886 Plaza Retail Roof Plan Morter Architects 30 Total Parkng RequiFemient for ses Listed Above- Plaza Conference 03-15-05 424 8,297 Morter Architects 35 - 42 9 Tetal Par!( ng Spaces Prov ded in Parking StFueture A4.1 30 424 Total Extra Parking Spaces in Park ng StFuettffe 623 56 42 TABLE 1: AREA A PARKING & DEVELOPMENT STATISTICS This table is a compilation of information from 'Chart 1' and 'Chart 2' in Ordinance No 31, Series of 2007. and the best available information found at the time including floor plans and Staff memorandums. DUs AUs GRFA (sq ft)" EHUs Comm. Sq. Ft. on site Parking, Cascade Parking structure ' Liftside Condos 29 (formerly ormer) Waterford 48,600 2 Vicinity Map 56 01-31-05 Westhaven 1 Condominiums 3 32,000 Morter Architects 03-15-05 29 Spring Equinox Sun Shading Millrace39 Phase I, II, IV 47,984 A-1.4 Summer Solstice Sun Shading 64 01-31-05 The Cascades former) Millrace 6 III 11,987 Morter Architects 01-31-05 12 Winter Solstice Sun Shading Cascade Residences 22 (approved) 47,151 A-1.7 Site Plan 13 16 Blue Tiger Cover Sheet Alpine Engineering 1,600 C002 13.3 Office/Retail 03-14-05 C003 5,061 Alpine Engineering 16.3 Cascade Hotel 148 55,457 Alpine Engineering 03-14-05 C005 115 Chaps Restaurant 03-14-05 C006 4,735 Alpine Engineering 39.5 Hotel Cafe Utility Details Alpine Engineering 2,160 C008 18 Pepi Sports 03-14-05 L-1 2,491 Dennis Anderson Assoc. 8 Fireside Bar Landscape Plan - Cascade Club Dennis Anderson Assoc. 1,800 A2.0 15 Terrace Rooms 120 58,069 A2.1 First Floor Plan Morter Architects 105 Terrace Retail Second Level Plan Morter Architects 5,856 A2.3 20 Plaza Rooms 20 7,205 A2.4 Fourth Level Plan Morter Architects 16 Plaza Retail Roof Plan Morter Architects 2,024 A3.1 7 Plaza Conference 03-15-05 A3.2 8,297 Morter Architects 35 Fitness Club Building Sections Morter Architects 5,886 A4.1 30 Cornerstone 22 0 48,407 4 623 56 0 Total 131 288 356,860 6 40,533 230 454.1 Multiple Use Credit (10 % of required) -45.4 Total Required Parking in Cascade Structure 408.7 Total Parking Spaces Provided in Parking Structure 421 Total Surplus Parking Spaces in Parking Structure 12.3 'GRFA includes DU and AU square footage. EHUs do not count towards GRFA in SDD #6. Development Plans Area A, Cascade Village Site specific development plans are approved for Area A and -Area -D. Thedevelopment plans for Area A are eaffi.p.-ised of these plans submitted by Va 1 Ventures, Ltd. and other developers. The development plans f0F Afee D are comprised of those plans bfn tted by the Glen Lyon Off ce Build mg, a olorado Partnership.. The following documents comprise the development plan for the SDD as a whole, Liftside Condomiums Building (formerly known as Waterford), Cascade Residences (formerly known as the "CMC Building') Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area P en -Lyon 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43'3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'4"/85-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. , Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. THE VAIL DAILY ;', 970.949.0555 vaildaily.com 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz, 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter -Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: Dwg. # Title Author Date A-1.0 Title Sheet Morter Architects 03-15-05 A-1.1 Vicinity Map Morter Architects 01-31-05 A-1.2 GRFA Summary Morter Architects 03-15-05 A-1.3 Spring Equinox Sun Shading Morter Architects 01-31-05 A-1.4 Summer Solstice Sun Shading Morter Architects 01-31-05 A-1.5 Fall Equinox Sun Shading Morter Architects 01-31-05 A-1.6 Winter Solstice Sun Shading Morter Architects 01-31-05 A-1.7 Site Plan Morter Architects 03-15-05 Cool Cover Sheet Alpine Engineering 03-14-05 C002 Grading Plan (West Half) Alpine Engineering 03-14-05 C003 Grading Plan (East Half) Alpine Engineering 03-14-05 C004 Storm Drainage Plan Alpine Engineering 03-14-05 C005 Grading and Drainage Details Alpine Engineering 03-14-05 C006 Utility Plan Alpine Engineering 03-14-05 C007 Utility Details Alpine Engineering 03-14-05 C008 Demolition Plan Alpine Engineering 03-14-05 L-1 Landscape Plan Dennis Anderson Assoc. 03-15-05 L-2 Landscape Plan - Cascade Club Dennis Anderson Assoc. 03-15-05 A2.0 Parking Level Plan Morter Architects 03-15-05 A2.1 First Floor Plan Morter Architects 03-15-05 A2.2 Second Level Plan Morter Architects 03-15-05 A2.3 Third Level Plan Morter Architects 03-15-05 A2.4 Fourth Level Plan Morter Architects 03-15-05 A2.5 Roof Plan Morter Architects 03-15-05 A3.1 Building A Elevations Morter Architects 03-15-05 A3.2 Building B Elevations Morter Architects 03-15-05 A4.0 Building Sections Morter Architects 02 -14 -OS A4.1 Building Sections Morter Architects 02 -14 -OS A4.2 Building Sections Morter Architects 02-14-05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets: Dwg. # Title Author Date A-2.20 Second Floor Plan RKD Architects 01-28-07 A-2.30 Third Floor Plan RKD Architects 01-28-07 A-2.40 Fourth Floor Plan RKD Architects 01-28-07 A-2.50 Fifth Floor Plan RKD Architects 01-28-07 A-3.10 East and North Building Elevations RKD Architects 01-28-07 A-3.20 West and South Building Elevations RKD Architects 01-28-07 43. Approved Development Plan for Area A, Cornerstone Site, containing the following sheets: Dwg. It Title Author Date Ll Landscape Plan Dennis Anderson 06-20-08 S1 Schematic Bus Turnaround Alpine Engineering 06.03-08 A -2.00a Site Plan GPSL Architects, P.C. 06-12-08 A -2.00b Stie Plan GPSL Architects, P.C. 06.12.08 A-2.01 Lower Level Parking GPSL Architects, P.C. 06-12.08 A-2.02 Upper Level Parking - Plaza Level GPSL Architects, P.C. 06-12-08 A-2.03 Westhaven Drive Ground Level GPSL Architects, P.C. 06-12-08 A-2.04 Westhaven Drive Level One GPSL Architects, P.C. 06.12.08 A-2.05 Level Two GPSL Architects, P.C. 06-12-08 A-2.06 Level Three GPSL Architects, P.C. 06-12-08 A-2.07 Level Four GPSL Architects, P.C. 06-12-08 A-2.08 Level Five GPSL Architects, P.C. 06-12-08 A-2.09 Level Five Loft GPSL Architects, P.C. 06-12-08 A-2.10 Roof Plan GPSL Architects, P.C. 06-12-08 A-3.10 Elevation: West @ Loft Side GPSL Architects, P.C. 06-12-08 A-3.20 Elevation: East @ Cascade GPSL Architects, P.C. 06-12-08 A-3.30 Elevation: North and South GPSL Architects, P.C. 06.12.08 A-3.40 Elevation/Section: East @ Liftside GPSL Architects, P.C. 06-12-08 Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards (deletions are shown in strikeThreugh/additions are shown in bold italics) The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which -is adopted by the Town Council. THE VAIL DAILY i` 970.949.0555 vaildaily.com Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from the centerline of Gore Creek. The WateAerd Liftside Condominiums bBuilding shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Required setbacks shall be governed -by- based on the Two -Family Primary/Seconday Residential District, Section 12-eD-76, Setbacks, Vail Town Code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At -grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (1/2) the distance between the building envelope and the property line, or may project not more than five feet (5) nor more than one-fourth (1/4) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Liftside Condominiums Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single -Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51 % of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10, Vail Town Code, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where -66:6% and the Westhaven Condominiums, where 66.6% and where 71 %, respectively, of required parking shall be enclosed in a building. - 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on-site packing spaces on the Weterferd Liftside Condominiums bBuilding site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 56 enclosed parking spaces located within the Cornerstone building with 37 of . No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford Liftside Condominiums Building shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. _ 7. Seventy-five percent of the required king tY- P q parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. D. Area D, Glen Lyon Commercial Site 1. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit semi -truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. July 5, 2008 C43 Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Vail Town Code as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building pewit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shall provide 100 -year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3-Gemerstene C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing. In Area D, the above referenced employee housing requirement shall be provided on site. For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3 herein , as set forth in Ordinance No. 12, Series of 2005. The developer(s) of Area A shall build a minimum of and 2 within the Liftside (Weterferd-Building) Condominium Building. There shall be a total of 2 employee dwelling units in the Waterferd Liftside Condominiums Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominiums building shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3, as set forth in Ordinance No. 12, Series of 2005. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Town Code, unless such time requirement is amended herein. Section 2. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites other than the development plan for the Cornerstone Site, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1- day of July, 2008, and a public hearing for second reading of this Ordinance set for the 151h day of July, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Published in the Vail Daily, July 5, 2008 Richard D. Cleveland, Mayor 44 -:.�j I acknowledge the accuracy of the July 19, 2008 publication of Ordinance Number 5, Series of 2008. Matt Mire, To n ttorney g SCOW A.A' , -Sen;,r RoAer' THE VAIL DAILY 970949.0555 vaildaily.com Saturday, July 19, 2008 B35 ORDINANCE NO.6 SERIES OF 2M AN ORDINANCE AMENDING ORDINANCE NO. 10, SERIES OF 2008, IN ACCORDANCE WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR A MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 4, VAIL CASCADE SUBDIVISION; AND TO AMEND AND RE-ESTABLISH THE APPROVED DEVELOPMENT STANDARDS FOR AREA A, CASCADE VILLAGE; AND TO AMEND AND RE-ESTABLISH THE APPROVED DEVELOPMENT PLAN FOR THE CORNERSTONE SITE, AREA A, CASCADE VILLAGE, TO ALLOW FOR THE DEVELOPMENT OF A MIXED USE DEVELOPMENT, LOCATED AT 1276 WESTHAVEN DRIVE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plane for Special Development Districts; and WHEREAS, Ordinance No. 10, Series of 2008, repealed and re-enacted Ordinance No. 31, Series of 2007, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No, 4, to slow for certain additions to the "Vail Cascade Hotel Site", located at 1300 Westhaven Drive, Cascade Village; and; WHEREAS, the purpose of this ordinance is to amend Ordinance No. 10, Series of 2008, to amend and re-establish the development standards for Development Area A, Cascade Village and to amend and re-establish the she specific development plan for the "Cornerstone Site", within Development Area A, to allow for the construction of the proposed Cornerstone Building; and WHEREAS, to the extend thatthere are any previous site specific development plan approvals or development standards established for the "Cornerstone She", this ordinance is intended to specifically supersede and otherwise cause any previous site specific development plan approvals or development standards for the "Cornerstone Site" to become null and void; and WHEREAS, any and all she specific development plans and development standards approved and/or established for planning areas and sites within SDD No. 4, not speclicaly affected by this ordinance, shall remain valid and in full effect; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission hold a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, on January 28, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval, with conditions, for the proposed major amendments to Special Development District No. 4, Cascade Village, to the Vail Town Council in accordance with the procedures and organs and findings outlined in Title 12, Zoning Regulations, Vail Town Code; and, WHEREAS; the Vail Town Council finds that the major amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon the review outlined in Section VIII of the Staffs January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented; and, WHEREAS, the Vail Town Council finds that the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and a. outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented; and, WHEREAS, the Vail Town Council finds that the major amendment promotes the health, safety, morals, and general wehare of the Town, and promise the coordinated and harmonious development of the Town in a manner that conserve. and enhances its natural environment and Its established character as a resort and residential community of the highest quality, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandumtothe Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Special Development District No. 4, Cascade Village is hereby amended as follows: Purpose Special Development District No.4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Val Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be rolahvey low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because Mere are significant aspects of the Specie) Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Dol nith s For the purposes of this chapter, the following definitions shall appy: A. "Special attraction" shah be defined as a museum, seminar or research center o performing arts theater or cultural center. B, "Transient residential dwelling unit or restricted dwelling ung" shall be defined as a dwelling unit located in a mufll-tamily dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short tern rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that h may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation ung, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shah be restricted as set forth in Section 13-7 Condominiums and Condominium Conventions, Subdivision Regulations. The unit shah not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted ss one hal of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square test of GRFA with a maximum of 1.0 space per unit. Eatablishod Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres and Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4." The district shall consist of five separate development areas, as identified in this ordinance consisting of the following approximate saes: Ama Known Ao DevNopmem At- Acreage Casted. Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 29.100 Glen Lyon Commercial Site D 1.800 Tract K E 8.322 Dedicated Open Space 32.078 Road. 4M TOTAL 97,955 Development Ph hr Required -Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Lihside Condominiums Building and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shah have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A, Vail Town Code. PemYMed Uses A. Arae A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-7B-3, (Commercial Core 1), Vail Town Code, except for In the Cascade Residences building, where office uses shall be permitted on the first flow. The'first floor" or "street lever shall be defined ss that floor of the building that is located at grade or street level; 2. All other flow levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an offki space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi -family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Vag Town Code; 9. Cascade Club addition of a lap pod or gymnasium. B. Area B, Coldstream Condominiums 1. Two4amly dwelling; 2. Mufti -family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Single family dwelling; 2. Two4amly dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Vail Town Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Vail Town Code. E. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16, Conditional Use Permits, Vag Town Code. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski Idts; 4. Public Park and recreational facilities, S. Major aroades with no frontage on any public way, street, walkway or mall area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Public park and recreations]facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial She 1. Micro -brewery as defined in Chapter 12-2, Vag Town Code. E. Area E, Tract K 1. Public parks. 2. Public utility and public service uses, 3. Access roads. 4. Ski lifts and tows. S. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. Accessory Uses, A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation pemtit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pods, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Tale 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pods, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area O Glen Lyon Primary/Secondary and Single -Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Tale 12, Zoning Regulations, Vail Town Code, 2. Attached garages or carports, private greenhouses, swimming pods, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or cond'aional uses, and necessary for the operation there.(. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Tule 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pods, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or condfiicnal uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for pemiined unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located tiredly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Dendty-Dwelling Unite The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a total of two hundred eighty eight (288) accommodation or transient dwelling units and a maximum of one hundred thirty one (131) dwelling units for a total density of two hundred seventy five (275) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots One -hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee housing units (EHUs) as defined within Chapter 12.13, Val Town Code. De tsity-Floor Arae A. Area A, Cascade Village The groes residential flow area (GRFA) for all buildings shall not exceed 356,680 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feel (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots GRFA shall be tabulated for each Id based on the Two -Family Primary/Secondary Residential District, per Section 12- 613-8 Density Control, Vail Town Code. 0. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Sense of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commemiel area. B. Area D, Glen Lyon Commercial She The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. TABLE 1: AREA A PARKING i DEVELOPMENT STATISTICS This table is a compilation of information from'Chart V and'Chart Vin Ordinance No. 31, Series of 2007, and'Table 1 Area A Parking 5 Development Statistics' in Ordinance No. 10, Series of 2008. B36 Saturday July 19 2008 THE VAIL DAILY 970.949.0555 vaildaily.com DW AUS GRFA (eq it)• EHIJ. Comm. S4 FL on Sib PMtlng Gseed. Parking SM Lilside Condos 2B (formerlyWaterford 48,600 2 03-15-05 58 Vicinity Map Westhaven 13 Condominiums 32,000 A-1.2 29 Mortar Architects Millrace (Phase 39 I11 IV 47,984 Spring Equinox Sun Shading 64 01-31-05 The Cascade. 6 (formed, Millrace 1111 1 11,987 Mortar Architects 12 A-1.5 Cascade Residences 22 (approved) 47,151 01.31-05 13 16 Blue Tiger 01-31-05 1,600 Site Plan 13.3 Office/Retail A3.2 5,061 Alpine Engineering 16.3 Cascade Hotel 148 55,457 Alpine Engineering 03-14-05 115 Chaps Restaurant Engineering 4,735 I 39.5 Hotel Cahill, 0314-05 2,160 Grading end DrainageDetails 18 Pep! Sports Roof Plan 2,491 Alpine Engnerin03-14-05 8 Fireside Bar Utility Details 1,800 03-14-05 15 Tom.. Rooms 120 58,069 03-14-05 Elevation: North and South 105 Terrace Retail A3.40 51856 06-12-08 20 Plaza Rooms 20 7,205 16 Plaza Retail 2024, 7 Plaza Conference 8,297 35 Fitness Club 5,886 30 Cornerstone 22 0 48,407 4 623 56 0 Total 131 288 356,860 6 1 40,533 230 454.1 Multiple Use Credit (10% of required) -45.4 Total Required Parking in Cascade Structure 4083 Total Parking Spaces Provided in Parldng Structure 421 Total Surplus Parking Space. in Parking Structure 12.3 'GRFA includes DU and AU square footage. EHUs do not count towards GRFA in SDD 114. DwNopnrent Plano Arae M Caeeade village Site specific development plana are approved for Area A. The following documents comprise the development plan for the SDD as a whole, Llttside Condomiumw Building (formerly known a. Waterford), Cascade Residences (formerly known as the "CMC Building"), Cornerstone, Cascade Club Addition Scenario 1 and 2, and Millrace IV: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet 111,1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schulz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3 Gwathmay, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schulz. S. Waterford, Sheet #23, dated 11-13-92 Plan Level 59'-OJ64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 001,"185'-3" Gwathmey, Pratt, Schultz. 8, Waterford, Sheet 412,6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schulz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet 42.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13.92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-14.92. Roof Plan All Levels Gwathmey, Pratt, Schultz. 13. Waterford, Sheet #3.1, dated 11-13.92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11.13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet 1142, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4.92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10.20-92, Unit Plans Gwathmey, Pratt, Schulz. 19, Waterford, Sheet 019.2, dated 10.20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmay, Pratt, Schulz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9,5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schulz. 23. Cascade Club Addition She Plan, Roma, 1 WWII8, 24, Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 516/93, She Plan, Steven James Riden. 26. Millrace III, Sheet #2,dated 4/13(93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3(20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven Jams Riden, 30. Millrace III, Sheet LI, dated 5/6/93, She/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgritt Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgri f Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/k/a Cosgril Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario 1, a/We Cosgril Parcel, Landscape Plan, Dennis Anderson Associate.. 35. Coagril Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped, 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lochner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88, 38. Cascade Village Special Development Distinct Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter -Mountain Engineering, Ltd, 12/1/94, 40, Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92. 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: Dwg• is This Author Data A-1.0 Title Sheet Mortar Architects 03-15-05 A-1.1 Vicinity Map Monter Architects 01-31.05 A-1.2 GRFA Summary Mortar Architects 03-15-05 A-1,3 Spring Equinox Sun Shading Mortar Architects 01-31-05 A-1.4 Summer Solstice Sun Shading Mortar Architects 01-31-05 A-1.5 Fall Equinox Sun Shading Mortar Architects 01.31-05 A2.5 Winter Solstice Sun Shading Morter Archhects 01-31-05 A3,1 Site Plan Morter Architects 03-15-05 A3.2 Cover Sheet Alpine Engineering 03-14-05 A4.0 Grading Plan (West Hag) Alpine Engineering 03-14-05 A4.1 Grading Plan (East Hal)Alpine Engineering 03-14-05 I Storm Drainage Plan Alpine Engineering 0314-05 Level Five Loft Grading end DrainageDetails Alpine Engineering 03-14-05 Roof Plan Utility Plan Alpine Engnerin03-14-05 A-3.10 Elevation: West 0 Loft Side Utility Details Alpine Engineering 03-14-05 Elevation: East ® Cascade Demolition Plan Abine Engineering 03-14-05 L-1 Landscape Plan Dennis Anderson Assoc. 03-15-05 7-2 Landscape Plan - Cascade Club Dennis Anderson Assoc. 03-15.05 A2.0 Parking Level Plan Mortar Architects 03.15-05 A2.1 First Floor Plan Mortar Architects 03.15-05 A2.2 Second Level Plan Mortar Architects 03-15-05 A2.3 Third Level Plan Mortar Architects 03.15.05 A2.4 Fourth Level Plan Mortar Architects 03.15-05 A2.5 Roof Plan Mortar Architects 03-15-05 A3,1 Building A Elevations Mortar Archhects 03-15-05 A3.2 Building B Elevations Mortar Artifacts 03-15.05 A4.0 Building Sections Mortar Architect. 02.14-05 A4.1 Building Sections Mortar Architects 02.14-05 A4.2 Building Sections Mortar Architects 02-14-05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets: Dwg. # Title Author Date A-2.20 Second Floor Plan RKD Architects 01.28-07 A-2.30 Third Floor Pian RKD Architects 01.28-07 A-2.40 Fourth Floor Plan RKD Architects 01.28-07 A-2.50 Fifth Floor Plan RKD Architects 01-28-07 A-3.10 East and North Building Elevations RKD Architects 01-28-07 A-3.20 West Wand Building Elevations RKD Architects 01.28-07 43, Approved Development Plan for Area A, Cornerstone She, containing the following sheets: Area C, Glen Lyon Prlmary/Sacomlary and Single Family Lob 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Area 0, Glut Lyon Commerclal Sib The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shag be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, wlh the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shag be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plane referenced in this ordinance, shall be 14 feet. All buildings shag maintain a 50 foot stream setback from the centedine of Gore Creek. The Lilside Condominiums Building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development pian. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Required setbacks shall be based on the Two -Family Primary/Seconday Residential Distinct, Section 12.613.6, Setbacks, Vail Town Code, For single-family, Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walk associated with driveway construction. At -grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one -hag (1/2) the distance between the building envelope and the property line, or may project not more than five fest (5') nor more than one-fourth (1/4) the minimum required dimension between buildings, D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat root, or mansard root, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawing.. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Lemming Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club Is 71 feet, 2. Cornerstone Building: Maximum height of 71 feet. 3. Lilside Condominiums Building: Maximum height of feet as measured from finished grade to any portion of the root along the north elevation shelf be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III'. A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B, Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Pdmary/Secondary and Single -Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area shell have a height under 32 feet. On the perimeter of the building for Area D, height is measured iron finished grade up to any point of the roof. On the Title Author Date Landscape Plan Dennis Anderson 06-20.08 Schematic Bus Turnaround Alpine Engineering 06.03-08 V She Plan GPSL Archhects, P.C. 06-12-08 Sbis Plan GPSL Architects, P.C. 06.12-08 Lower Level Parking GPSL Architects, P.C. 06.12-08 Upper Level Parking - Plaza GPSL Architects. P.C. Level 06-12-08 A-2.03 Westhaven Drive Ground Level GPSL Architects, P.C. 06.12-08 A-2.04 Westhaven Drive Level One GPSL Architects, P.C. 06-12-08 A-2.05 Level Two GPSL Architects, P.C. 06-12-08 A-2.06 Level Three GPSL Architects, P.C. 06.12-08 A-2.07 Level Four GPSL Architects, P.C. 06.12.08 A-2.08 Level Five GPSL Architect., P -C. 06-12-08 A-2.09 Level Five Loft GPSL Architects, P.C. 06-12-08 A-2,10 Roof Plan GPSL Architects, P.C. 06-12-08 A-3.10 Elevation: West 0 Loft Side GPSL Architects, P.C. 06.12-08 A-3.20 Elevation: East ® Cascade GPSL Architect., P.C. 06-12-08 A-130 Elevation: North and South GPSL Architects, P.C. 06-12-08 A3.40 Elevation/Section: East ® Littside GPSL Architects, P.C. 06-12-08 Area C, Glen Lyon Prlmary/Sacomlary and Single Family Lob 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Area 0, Glut Lyon Commerclal Sib The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shag be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, wlh the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shag be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plane referenced in this ordinance, shall be 14 feet. All buildings shag maintain a 50 foot stream setback from the centedine of Gore Creek. The Lilside Condominiums Building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development pian. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Required setbacks shall be based on the Two -Family Primary/Seconday Residential Distinct, Section 12.613.6, Setbacks, Vail Town Code, For single-family, Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walk associated with driveway construction. At -grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one -hag (1/2) the distance between the building envelope and the property line, or may project not more than five fest (5') nor more than one-fourth (1/4) the minimum required dimension between buildings, D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat root, or mansard root, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawing.. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Lemming Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club Is 71 feet, 2. Cornerstone Building: Maximum height of 71 feet. 3. Lilside Condominiums Building: Maximum height of feet as measured from finished grade to any portion of the root along the north elevation shelf be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III'. A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B, Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Pdmary/Secondary and Single -Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area shell have a height under 32 feet. On the perimeter of the building for Area D, height is measured iron finished grade up to any point of the roof. On the THE VAIL DAILY 970.949.0555 vaildaily.com Saturday, July 19, 2008 837 interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. She Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Are. B: No more than 36% of the total she area shall be covered by buildings, provided, h any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the she specific development plans. Arae C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21, Vail Town Code appy. Area D: No more than 37% of the total she area shag be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development pian. This shall include retention of natural landscape, If appropriate. Areas A and B, fifty percent (50%), and In Areas C and D, sixty percent (80%), of the area shall be landscaped unless otherwise indicated on the she specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12.10, Vail Town Code, except that 75% of the required parking in Area A shall be twined within a parking structure or buildings with the exception of Millrace IV, Scenario I and the Westhaven Condominiums, where 68.6% and 71%, respectively, of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 56 on -ahs parking spaces on the Liftside Condominiums Building site with a minimum of 75% of the required apace located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 56 enclosed parking spaces located within the Cornerstone building. No mixed use credit has been applied to this lot. 5. The third floor of the Corned. parking structure shag not be used to meet any parking requirements for accommodation unite, transient residential dwelling units, employee dwelling units or dwelling unite. 6. Phasing: All required parking for Cornerstone and Lhtsids Condominiums Building ¢hall be located on their respective shes. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shag be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shag be located within the mein building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace IIL S. All loading and delivery shag be located within buildings or as approved in the development plan. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. D. Area D, Glen Lyon Commercial She 1. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the properly and brewery management shall prohibit semi -truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Racreedon A nenitlw Tax Assasasd The recreational amenities tax due for the development within SDD No.4 under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conssrvatlon and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. O The number of fireplaces permitted shall be as set forth in the Vail Town Code as amended. D. h fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shag have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions, It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shoe be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particulary when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shag only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenffiss and Approval Agreements far Spacial Dwelopmerit District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect whh the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shag provide 100-yearfloodplain information for the areaadjacent lothe Waterford and Comerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No.4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing. In Area D, the above referenced employee housing requirement shall be provided on she. For the Westhaven Condominiums site, the employee housing requirement she# be met as setforth in Condition 3, a. set forth in Ordinance No, 12, Series of 2005. There shag be a total of 2 employee dwelling units In the Lhiside Condominiums Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominiums building shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condon 3, as set forth in Ordinance No. 12, Series of 2005. The developer o1 Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SOD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area G, Lots 39.1 and 39-2, shall be required to provide a Type Il, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of et least 500 sq, ft. each, on each lot. These lots shall not be entitled to the 500 sq, ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these Iota. Each lot shall also be snffiled to 300 sq. h. of garage area credit for the employee housing unit, in addition to the 800 sq. h. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all alloweNrequired dwelling units and employee housing units on these lots. Tlma Raqulreman s SOD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Town Code, unless such time requirement is amended herein. Section 2. Spacial Development District No. 4 Special Development District No. 4 and the development plans for all shoo other than the development plan for the Comerstone She, hereby remain approved for the development of Special Development District No.4 within the Town of Vail, unless they have otherwise expired. Section 3. Conditions of Approval for the Comendon Sin Dewlopi nrd Plan The following conditions of approval are herein made part of this amending ordinance and shall specifically and exclusively appy or pertain to the she specific development plans approved and referenced herein for the Cornerstone She: 1. That the Developer revise the approved plana for the Cornerstone Building, prior to or concurrent with any submittal for design review, to ensure that each employee housing unit also include provisions for no less than one -hundred (100) square foot of storage, per unit, on-site and within the structure; 2. That the Developer obtains final review and approval of the proposed development plan by the Town of Vail for Review Board, prior to making an application for the issuance of a building permit. 3. That the Developer pays in full the employee housing mitigation fee of $691.476.44 or .0mrwue complies with the Vail Town Code with regard to the required mitigation, in a manner acceptable to the Town of Vail, using any one or a combination of the permitted mitigation methods, pursuant to Section 12.23.68, and Section 12-24-6B, Vail Town Code, prior to the issuance of a building permit. 4. That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans, including the following required off -she improvements; a. Design and Construct Westhaven Drive entrance improvements including; additional tum lanes and adequate queuing areas, landscaped and irrigated medians, (6') sidewalk connections from the proposed skier portal to the Frontage Road on both sides of Westhaven Drive, a bus turnaround and bus stop meeting Town of Vail and ECO standards, 3 skier drop-off spaces, landscaping and adequate snow storage areas as approved by the Public Works Department. b. Design and Construct A 10' concrete walk along the South Frontage Road from the western most point of the Cascade Parking/Conference building to a point in front of the Littside Condominiums, approximately 680' in length (including crosswalk). The walk shall be detached wherever feasible and separated by a minimum of a 5' landscaped and irrigated buffer. Such drawings/plans shall be submitted to the Town of Vail Community Development Department for review and shall receive approval prior to the Developer making application for the issuance of a building permit. S. That the Developer shall address and resolve, to the satisfaction of the Town Engineer, all the comments and conditions identified in the memorandum from the Town Engineer, and addressed to Scot Hunn, dated January 25. 2008, on any civil engineered plans submitted in conjunction with building permits. 6. That the Developer pays in full, the Traffic Impact Fee of $117_000 (based on the 18 net pm peak hour trips) prior to the issuance of a building permit. All or a portion of the fee may be offset by specific capacity improvements including the cost of the design and construction of the left turn lane on Westhaven Drive. 7. That the Developer prepares a Comenstone Building Art in Public Pieces Plan, for Input and comment by the Town of Vail Art in Public Places Board, prior to the request for a temporary certificate of occupancy. Subject to the above input and comment by the Art in Public Places Board, the Applicant will work with Town Staff to determine the type and location of the art to be provided. Said Plan shah include the funding, up to 550.000, for one (1) public art improvement to be developed in conjunction with the Cornerstone Building project. S. That the Developer provides the legally executed and duty recorded Type VII dead restriction with the Eagle County Clerk 8 Recorder's Office in a forth approved by the Town Attorney for the four (4) on -.he employee housing units, and that said units shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Cornerstone Building project. 9. That the Developer integrate sustainable and/or energy efficient technologies such u geothermal or ground source heating, active solar and high efficiency heating and cooling systems and equipment in any further design and construction specifications, to be approved by the Town prior to installation. for all portions of the heated bus tum -around and skier drop-off areas identified on the plans labeled "Cornerstone Schematic Bus Turnaround by Alpine Engineering, dated June, 3, 2008; 10. That the Developer submit a master sign program for design review for those areas along Westhaven Drive and near the intersection of Westhaven Drive and South Frontage Road, specifically for the purpose of directing skier parking within the Cascade Resort parking structure and reducing, to the extent possible, the amount of vehicles parked on South Frontage Road; Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shah not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the heath, safety and welfare of the Town of Vail and the inhabitants thereof. Soalon 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1" day of July, 2008, and a public hearing for second reading of this Ordinance set for the 15" day of July. 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15" day of July, 2008, ATTEST: Lorelei Donaldson, Town Clerk Published In the Vail Daily, July 24, 2008 Richard D. Cleveland, Mayor 2344 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/19/2008 and that the last publication of said notice was in the issue of said newspaper dated 7/19/2008. In witness whereof , 'ha here unto set my hand this 25th day of July, 2008 t! Publisher/G anag /Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this ls' day of July 25th, 2008. Pamela Joan Schulte ��. J. SC, Notary Public �IOTARy <� My Commission expires: November 1, 2011 ►� �o-7 PUBLIC moo° P COLS_ .'�P VAIL DAILY 970.949.0555 vaildaily.com ORDINANCE NO. 5 SERIES OF 2008 10. SERIES OF 2008, IN ACCORDANCE WITH SECTION 12-9A-10, AMENDMENT WAil r.C•d;r�l ,_ODE, TO ALLO`N FOR A MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 4 CASC, eD' S-rip^IV161ON: AND TO AMEND AND RE-ESTABLISH THE APPROVED DEVELOPMENT STANDARDS •`-;:SCP.DE VILLAGE. AND TO AMEND AND RE-ESTABLISH THE APPROVED DEVELOPMENT PLAN FOR THE HSTONE SITE, AREA A. CASCADE VILLAGE, TO ALLOW FOR THE DEVELOPMENT OF A MIXED USE DEVELOPMENT, t nCAFD AT 1276 WESTHAVEN DRIVE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development -,:- ,a r-c�. - "'^,cnt Dlstrlcts: and WHEREAS, Ordinance No. 10, Series of 2008, repealed and re-enacted Ordinance No. 31, Series of 2007, to amend „estah'dsh the al:) oc.ed dev&)pment plan for Area A. Cascade Village, SDD No. 4, to allow for certain additions to the "Vail Cas,ade Hotel Sitelocated at 1300 Westhaven Drive, Cascade Village; and; WHEREAS, the purpose of this ordinance is to amend Ordinance No. 10, Series of 2008, to amend and re-establish the d-, t,o:�,r r" standards for Develnpment Area A. Cascade Village and to amend and re-establish the site specific development plan to( i;i . Cuwe,store Ste". within Development Area A. to allow for the construction of the proposed Cornerstone Building; and WHEREAS, to the extend that there are any previous site specific development plan approvals or development standards e ':.,! ed `or the 'Cornerstone S; tc", this ordinance is intended to specifically supersede and otherwise cause any previous site spe',flr, development plan approvals or development standards for the "Cornerstone Site" to become null and void; and WHEREAS, any and all site specific development plans and development standards approved and/or established for plar.oi^.7 areas and sites MtNn SDD No. 4, not specifically affected by this ordinance.. shall remain valid and in full effect; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, on January 28, 2008, the Planning and Environmental Commission of the Town of Vail held a public ;j hearing and reviewed and forwarded a recommendation of approval, with conditions, for the proposed major amendments to Special Development District No. 4, Cascade Village, to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Title 12, Zoning Regulations, Vail Town Code; and, WHEREAS, the Vail Town Council finds that the major amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented; and, WHEREAS, the Vail Town Council finds that the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented; and, WHEREAS, the Vail Town Council finds that the major amendment promotes the health, safety, morals, and general welfare of the Town, and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Special Development District No. 4, Cascade Village is hereby amended as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Definitions _ For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. 'Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi -family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period ......... .t ate„, Farh emit shall not exceed 645 square feet of GRFA which shall include a kitchen having July 19, 2008 B35 2. Employee dwelling as defined in Section 12-13 of the Vail Town Code. E. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16, Conditional Use Permits, Vail Town Code. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro -brewery as defined in Chapter 12-2, Vail Town Code. E. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. - 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 2330 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/5/2008 and that the last publication of said notice was in the issue of said newspaper dated 7/5/2008. In witness wv� has here unto set my hand this 25th day of July, 2008 Publish eneral Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this I" day of July 2. th , 2008. J. Pamela Joan Schultz Notary Public a � O My Commission expires: November 1, 2011 0 Nk PU o. TF OF CO nti5 THE VAIL DAILY 970.949.0555 vaildaily.com ORDINANCE NO.5 SERIES OF 2008 AN ORDINANCE AMENDING ORDINANCE NO. 10, SERIES OF 2008, IN ACCORDANCE WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR A MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 4, VAIL CASCADE SUBDIVISION; AND TO RE-ESTABLISH THE APPROVED DEVELOPMENT PLAN FOR THE CORNERSTONE SITE, AREA A, CASCADE VILLAGE, TO ALLOW FOR THE DEVELOPMENT OF A MIXED USE DEVELOPMENT, LOCATED AT 1276 WESTHAVEN DRIVE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Ordinance No. 10, Series of 2008, repealed and re-enacted Ordinance No. 31, Series of 2007, to amend and re- establish the approved development plan for Area A, Cascade Village, SDD No. 4, to allow for certain additions to the "Vail Cascade Hotel Site', located at 1300 Westhaven Drive, Cascade Village; and; WHEREAS, the purpose of this ordinance is to amend Ordinance No. 10, Series of 2008, to amend and re-establish the development standards for Development Area A, Cascade Village and to amend and re-establish the site specific development plan for the "Cornerstone Site", within Development Area A, to allow for the construction of the proposed Cornerstone Building; and WHEREAS, to the extend that there are any previous site specific development plan approvals or development standards established for the "Cornerstone Site", this ordinance is intended to specifically supersede and otherwise cause any previous site specific development plan approvals or development standards for the "Cornerstone Site" to become null and void; and WHEREAS, any and all site specific development plans and development standards approved and/or established for planning areas and sites within SDD No. 4, not specifically affected by this ordinance, shall remain valid and in full effect, and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, on January 28, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval, with conditions, for the proposed major amendments to Special Development District No. 4, Cascade Village, to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Title 12, Zoning Regulations, Vail Town Code; and, WHEREAS, the Vail Town Council finds that the major amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented; and, WHEREAS, the Vail Town Council finds that the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented; and, WHEREAS, the Vail Town Council finds that the major amendment promotes the health, safety, morals, and general welfare of the Town, and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Special Development District No. 4, Cascade Village is hereby amended as follows (deletions are shown in sH+kethfough/ additions are shown in bold italics): Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which itis situated, the development is regarded as complementary to the Town by the Town Courc! and the Planning and Environmental Commission, and because there are significant aspects of the Saturday, July 5, 2008 C41 B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi -family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Mur eipal Vail Town Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code, E. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16, of the-Tewn-ef-Vef—Ze"i Regulations Conditional Use Permits, Vail Town Code. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro -brewery as defined in Town of Vail Mun cipal code Chapter 12-2, Vail Town Code. E. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4: Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE 0761 I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ......1.......... consecutive insertions; and that the first publication of ssaiidd+,nootiipe was in the issue of said newspaper dated ........ ......•••••• A,D...... C,„w.fJ... and that the last publication of said notice was in the issue of said newspaper dated.... ;t' .CO... A.D........ ...... In witness whereof I have hereunto set my hand this . day of ......7.. . ..... f••• .. ......... ..................................... Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado, this ......�.... day of ........�i .C-rtr:�.... a J. 00 n My Commission Q�,ItaOTA RV "<N hf.Qa aC 04 U) :.A �A . . 's, OQ��c res ....C.QV,-j 1.• ORDINANCE NO.6 SERIES.OF 2008 AN ORDINANCE AMENDING TITLE 6, CHAP- TER G RDINGTICLE OFFENSESIL TOWN CODE AGA NST PUBLIC PEACE; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Ea- gle and State of Colorado (the "Town'), is a home rule municipal corporation duly organized acid ex- isting under laws ot.the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected and qualified; and WHEREAS, the Council finds that hindering trans- portation within the Town is of public concern and uld presernveet he genolice eral welfare of he citizens ulation of such a crime oand guests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. Title 6, Chapter 3, Article D, is hereby amended by the addition of Sub -Section 6-3D-5, to read as follows: SECTION 6-313-5 HINDERING TRANSPORTA- TION: A person commits the offense of hindering o transportation if he knowingly and without lawful authority stops or hinders the operation of any ve- hicle used in providing transportation services of any kind to the public or to any person, association or corporation. Section 2.If any part, section, subsection, sen- tence, 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 ft would section' subsectionassed , sentence, lause oand ach r 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 im-. posed, any violation that occurred prior to the af- fective 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 re- vvive any provision or any ordinance previously re- pealed or superseded unless expressly stated herein. Section 4.All bylaws, orders, resolutions and ordi- nances, 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 there- of, theretofore repealed. section 5. The Council hereby finds, determines and declares that this Ordinance is necessary and proper Town offor the Val and the inhabitants thereof. and of the INTRODUCED, READ ON FIRST READING, AP- PROVED, AND ORDERED PUBLISHED ONCE IN Fuary, 2008,1asd a publREADING hearing for secis 19th ond ead- ing of this Ordinance set for the 4th day of March, 2008, A 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ... !{ Dick Cleveland, Town Mayor i//N/otary Public ATTEST: Lorelei Donaldson, Town Clerk Published in the Vail Daily February 23, 2008. 1195128 2240 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 3/8/2008 and that the last publication of said notice was in the issue of said newspaper dated 3/8/2008. In witness whereof has here unto set my hand this 11th day of March, 2008 dl Publi / e ral Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 11th day of "a h, 2008. Pamela Joan Schultz Notary Public My Commission expires: November 1, 2011 f I acknowledge the accuracy of the 03.08.08 publication of Ordinance No. 6, Series of 2008. 4� VA Matt Mire, wn Attorney Buck Allen, Municipal Judge Saturday, March 8, 2008 WINTER PARK WOLCOTT Ultimate in ski-in/ski-out luxury, these slopaside W inter Park residences are 1/3 300 Norse Mountain Randl the price of similar homes in the Vail 40 acre ranch listing offering an unbe- Vall i 3,000-3,600 SF, 4 BD, 4.5 BA, and lievable 5 Bedroom +office log designer finishes throughout. home with high end finishes ice, ncluding 3 fireplaces, hot tub and sauna. Master Priced from $1,450,000 to $2,295,000 located on main level. Tranquil setting '/. shares available from $399,000 with spectacular views, wildlife abound. Suzi Apple 970.926.6777 $2,495,000 Gateway Land & Development Lynne Krnacik 970.376.2583 www.gatewayland.com Jeanette Francis 970.331.4918 Keller Williams Mountain Properties WOLCOTT WOLCOTT � This absolutely stunning residence, se- Travis Creek Home renely situated on rare rlverfront proper- Architectural wonder, with lar a open ty is a dream come true. Covered back b deck w/fireplace, riverside patio, inside, spaces, custom log beams and he est vaulted ceilings, grand full log trusses, of everything. This spectacular home is floor to ceiling windows & stone fire- set on 10 acres of Aspens and Pines. place. Privately situated main level mas- ter while wine cave & full bath w/ steam $2,990,000 room graces lower level. Kirk VanHee (970)477.8411 $2,995,000 Slifer Smith & Frampton Suzi Apple, 970.376.5417 kvanhee@slifer.net Gateway Land & Development www.VailRealEstate.com Web ID: C2252� THE VAIL DAILY 970.949.0555 vailda WOLCOTT WOLCOTT WOLCOTT SPRINGS Place a Photo Ad'. Call today to reserve your space! 845-9937 $750,000 Kirk VanHee (970)477-8411 Slifer Smith & Frampton kvanhee@slifer.net www.VailRealEstate.com Web ID: legals ORDINANCE NO. preserve the general welfare of the citizens and effect the validity of the remaining portions of this repealed to the extent only of such Inconsistency. Private yet Super Convenient - l Acre +-I!!1 ID! Located in a secluded community overlooking Go Cross country skiing, snowshoeing, nond S and Cordillera.... a hiking, golfing and fishing only minutes (butting BLM... outstand- away. Spacious Mountain home, 5 bed - I recreational lifestyle. room, 31/2 bath, granite, wood flooring, tembership available. three floors, 3 fireplaces, 2 car garage. Lcreage @ $1,250,000 parts, sections, subsections, sentences, clauses of le ConsideredREDUCED $50,000 !!! yn Carroll, Broker TO $ 699,000 !!! $234 SQ/FT H Iyache Ridge 999 or 800 346-3999 Jayne Coley 970-230-0009 Stockman's Land Exchange Jrvtel.net Web ID: #64880 REGARDTHERETO Place a Photo Ad'. Call today to reserve your space! 845-9937 $750,000 Kirk VanHee (970)477-8411 Slifer Smith & Frampton kvanhee@slifer.net www.VailRealEstate.com Web ID: legals ORDINANCE NO. preserve the general welfare of the citizens and effect the validity of the remaining portions of this repealed to the extent only of such Inconsistency. Lorelei Donaldson, Town Clark SERIES OF 2008 guests of the Town. ordinance; and the Town Council hereby declares it This repealer shall not be construed to revise any READ AND APPROVED ON SECOND READING AN ORDINANCE AMENDING TITLE 6, CHAP- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF VAIL, would have passed this ordinance. and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more bylaw, order, resolution or ordinance, or part there• o. theretofore repealed, AND ORDERED PUBLISHED this 4th day of March, 2008. Dick Cleveland. Town Mayor TER 3, ARTICLE D, VAIL TOWN CODE RE- TOWN COLORADO,THAT; parts, sections, subsections, sentences, clauses of Section 5.The Council hereby finds, determines ATTEST: GARDING OFFENSES AGAINST PUBLIC PEACE; AND SETTING FORTH DETAILS IN phrases be declared invalid. and declares that this Ordinance is necessary and REGARDTHERETO Section 1. Title 6, Chapter 3, Article D, is hereby proper for the health safety and welfare of the Lorelei Donaldson, Town Clerk amended by the addition of Sub -Section 6.3D•5, to Section 3.The amendment of any provision of the Town of Vail and the inhabitants thereof. WHEREAS, the Town of Vail. In the County of Ea- 'Town'), read as follows: Town Code as provided in this ordinance shall not affect any right which has accrued, any duty im- INTRODUCED, READ ON FIRST READING, AP- Pu bllahed in the Vail Daily March 8, 2008. gle and State of Colorado (the is a home rule municipal corporation duly organized and ex- SECTION 6-3D-5 HINDERING TRANSPORTA- pposed, any violation that occurred prior to the at- PROVED, AND ORDERED PUBLISHED ONCE IN READING this 19th day of Feb. (1259704 ) sating under laws of the State of Colorado and the TION: A person commits the offense of hindering leclive date hereof, any prosecution commenced, FULL ON FIRST hearing for second read• Town Charter (the *Charter'); and transportation if he knowingly and without lawful nor any other action or proceeding as commenced ruary, 2008, and a public - Ordinance for the 4th day of March, WHEREAS, the members of the Town Council of euthoriry stops or hinders the operation of any ve• hicle used in providing transportation services of under or by virtue of the provision amended. The amendment of any provision heshall not re- g of this set 2008, at 6:00 P.M. in the Council Chambers of the the Town (the 'Council') have been duly elected any kind to the public or to any person, association vlve any provision or any ordinance previously re- Vail Municipal Building, Vail, Colorado. and qualified, and or corporation. pealed or superseded unless expressly stated herein. Dick Cleveland, Town Mayor WHEREAS. the Council finds that hindering trans- Section &lf any part, section, subsection, sen- ie for Section 4.AII bylaws, orders. resolutions and ordl- ATTEST. portation within the Town is of public concern and efficient police regulation of such a crime would tence. clause or phrase of this ordinance any reason held to be invalid, such decision shall not nances. or parts thereof. Inconsistent herewith are _� A_7"M V7� �n- CASH Is what you'll see when you sell your auto. Place your auto photo ad today. Vail Daily Classifieds 2265 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 4/19/2008 and that the last publication of said notice was in the issue of said newspaper dated 4/19/2008. In witness whereof has unto set my hand this 1 st day of May, 2008 Publisher/Genera ger/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 1" day of Mav—L-2008. ��, Pame a Joan Schultz OTA PY Notary Public � �N v N My Commission expires: November 1, 2011 B_ NG TWKTHEREFORE,BEITORDAINED, IYT" Cg04NJC1t t)F THE' SWN OF VAII COl- t.Pursm t b SKIIOn 9.10(a) of the Charter of the Town oiv 7 r eCobrado, the own reenacted: CouncN heeby makes the Mowing supplemental shaltnot,MN I acknowledge the accuracy of the 04.19.08 publication of Ordinance. No. 7, Series of 2008. Matt Mire, wn ttorney 'A , _ ( j J IT Saturd , Apr119, 2008 - THEVXlt DAILY it9`JOr949�8555 ci�iT1 ;T` ar+dbtxlga• ec�ushnents NYe. 2001 udget end Financial Plan fordrs-Fotvn of ATTEST. 1 r MENTAL . V0, Cw«ado, and aut oft" the re « (r) of trod eppropiwons as te pTopa�trn the treatNr;`aet M. and waltare of the TbYnfi7iVaN`Tha'inlceib'tterrlsUreraof.i Lorelei 'Dorrcdebri. Town(2elk 7PPLF. rOWN OF VAIL - previamsty repealed or superseded unless �� IMl` AMCM FUND, AX.FUND, D1S- General Fund S 183, 0 CSI Projects Fund 8,330,747 aWassly stated herein. x� „s ' 1 f1EAVY EQUh - Rest Estate Transler Tax Fund 4,394,251 105,000 t.All tlylews, or rs, resolutions, and ordinances, of thereof, inconsistent herewith are repealed "s r is THE th!{pW Dispatch Services Fund - Heavy Ecpripment Foxf 237.156 230,434 parrs k> the extent only of such inconsistency. This , ; I.not be Construed'to revise any bf Total $13 real . order,.vesolution, or ordinance, orpart thereof r s 3 2.9 any pan, section, subsection, sentence, clause iheretafore repo sd. Vrolatkui that occurred prior to the -effective date . thereof, any PraseerNicn commenced, fior anydee Winer � �: ;a -t*'ri ni'm nt this ordirw rN�e is for srn reason t18ki to ` a 190rdit of the led that arty oto or moiepaxts, of the Town Coilri fflN Towrt`oYVae'4 coraco, y pfa �subsections tendes; tioum .-or mtha' ,BniiJP+gofthetotwi tick Cie rejmrd, Mayor w �ttl �t�t Men a the ilei of owndeclares 3.Ttie Town t thle' firndis noes irh�, and thatlhe' is necessary and ATTEST. 1 '¢ pTopa�trn the treatNr;`aet M. and waltare of the TbYnfi7iVaN`Tha'inlceib'tterrlsUreraof.i Lorelei 'Dorrcdebri. Town(2elk ► . in.the. tite TetrmGaxrdl'fhtds,tAat if should aaprgn READ AND APPROVED AS AMMENDED ON . iStIED supptem6rnal appy riatfons and budget ad UW oplraroin. 4.The repeal or the Brad reeftactinent of any the GcxAa of the Town Of Vac SECOND READING AND ORDEREfS PtBI IN Ft7LL ftdss 15ttr day d Apra. 2008: ` .y mane as eat fortlt Provision of ee provided ei #his shall not affect arty TNEREf ORE,:BE IT ORDAINED, BY THE right wtrich has accrued. any duty imposed, any Duir ( eveland. Mayor s 3 t H (AL OF THE TOWN OF VAIL CDL- Vrolatkui that occurred prior to the -effective date . thereof, any PraseerNicn commenced, fior anydee Winer . ATTEST ` adbn or commenced under or by Lorelei Dorhaldson; Tbwn Cledt ` 1$aGlkxr ti. ) of 1tIB Charter of the " " town" virtue of e vis on repeated « repealed and E The rep�i rrrany hereby Published in the Vail Daily April 19,2008- s sr x Vd>£otorando innices.dhe fodoYang supplemerdal reenacteprovisF� shall not revive any,provrsron or any ordintah� (1431687) 1 '¢ I acknowledge the accuracy of the 04.26.08 publication of Ordinance No. 8, Series of 2008. '4S +0 .. Matt Mire, Town Attorne Leslie Fordham;-AIPF-Eeerdi-nator__,. T�`aC 2Q ':Y' % ej-Z % P i a h h cr C32 Saturday, April 26, 2008 ORDINANCE NO. 8 SERIES OF 2008 THE VAIL DAILY 970.949.0555 ORDINANCE NO. 8, SERIES OF 2008, AN ORDINANCE AMENDING CHAPTER 12-3. ADMINISTRATION AND ENFORCEMENT. VAIL TOWN CODE, TO ESTABLISH PROCEDURES FOR APPROVING PUBLIC ART IN PRIVATE DEVELOPMENT. AND SET- TING FORTH DETAILS IN REGARD THERETO. WHEREAS. enhancement of public places by integrating the creative work of artists improves the pedestrian experience and pro- motes vibrancy, creativity and livelihood In the community. WHEREAS. the presence of and access to public ad enlivens the public areas of buildings and their grounds and makes them more welcoming. WHEREAS the aesthetic value of public art mitigates the negative impacts that development has on the Town, WHEREAS. Town of Vail seeks to clarify procedures for mitigation of development impacts through public an in private development, WHEREAS. on March 10, 2008 the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval of the proposed text amendmentsto the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals. objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town. and WHEREAS. the Vail Town Council finds that the proposed amendments further the general and specific purposes of the Zoning Regulations; and WHEREAS. the Vail Town Council finds that the proposed amendments promote the health. safetymorals, 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 resod and residential community of the highest quality, and NOW. THEREFORE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT. Section 1. The purpose of this ordinance is to amend Chapter 12-3, Administration and Enforcement, Vail Town Code, in order to establish procedures for reviewing public art in private development that is considered a mitigation of development impacts (Text that is to be deleted is sMicl Text that Is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 12-2-2 is hereby amended as follows. 12-2-2Deflnitions.Of Words and Terms ART IN PUBLIC PLACES BOARD (AIPPB): The Art In Public Places Board established pursuant to Chapter 3-3 of the Vail Town Code. LIMITED EDITION: One of no mora than nine copies produced from an original artist's mold. PUBLIC ART: Any original creation of artwork that is accessible to the general public. Section 3. Section 12-3-3 is hereby amended as follows'. 12-3-3. Appeals C.Appeal Of Planning And Environmental Commission Decisions, And Design Review Board Decisions and Art in Public Places Board Dec......: 1. Authority The town council shall have the authority to hear and decide appeals from any decision. determination or interpretation by the planning and environmental commission or the design review board or the An in Public Places Board with respect to the provisions of this title and the standards and procedures heremaher set forth. 2, Initiation. An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the planning and environmental commission or the design review board or the Art in Public Places Board with respect to this title. 'Aggrieved or adversely affected person" means any person who will suffer an adverse affect to an interest protected or furthered by this title. The alleged adverse interest may beshared in common with other embers of the community at large, but shall exceed In degree the general interest In community good shared by all persons. The adminfair afor shall determine the standing of an appellant. If the appellant objects to the administrator's determination of standing. thetown council shah, at a meeting prior to hearing evidence on the appealmake a determination as to the standing of the appellant. If the low, council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The town council may also call up a decision of the planning and environmental commission or the design review board or the Art in Public Places Board by a majority vote of those town council members present. 3. Procedures: A written notice of appeal must be filed with the administrator within twenty (20) calendar days of the planning and mental commission's decision or the design review board's decision or the Art in Public Places Board's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday. or a town observed holiday. the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the name and addresses (person's mating and propedy's physical) of the appellant, applicant, property ownerand adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium ociatlon) as well as specific and articulate reasons for the appeal on forms provided by the town. The filing of such notice of appeal will require the planning and environmental commission or the design review board or the Art in Public Places Board to forward to the town council at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant. property owner, and adjacent property owners (notification within a con- dominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the town council on the appeal within forty (40) calendar days of the appeal being filed. The town council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days, Failure to file such appeal shall constitute a waiver of any rights under this chapter to appeal any interpretation or determination made by the planning and environmental commission or the design review board or the An in Public Places Board. 6. Fee. The town council may set a reasonable fee for filing an appeal to a planning and environmental commission or design review board decision or Art in Public Places Board decision. The fee will be adopted in a fee schedule which shall be maintained In the department of community development. The fee shall be paid at the time the appeal is filed. Section 4. Chapter 12-25 Is hereby added as follows 12-25: Public Art: 12-25-1: Purpose: The purpose of this Chapter is to establish guidelines, procedures and standards for the integration of public art into development projects in the Town. The enhancement of public places by integrating the creative work of art- ist. improves the pedestrian experience and promotes vibrancy, creativity and livelihood in the community. The presence of and access to public art enlivens the public areas of buildings and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. A wealth of art and culture in the public realm will foster the economic development of the community. 12.25-2: Applicability: This Chapter shall apply to projects that have a public art component in the approved development planas part of a Special Development District or an exterior atterstion or modification in the Public Accommodations (PA), Public Accommodations 2 (PA -2), Lionahead Mixed Use 1 (LMU-1), Lionahead Mixed Use 2 (LM U-2) and Ski Base Recreation 2 (SBR2) Districts. 12-25-3: Public Art Requirements: A. Eligible Public Art: The following, when produced in limited edition, shall be considered eligible as public art: (1) Attached or site -integrated art elements such as passageways, bridges, street furniture, paving materials or artistic features within a garden; (2) Mosaics, painted murals, or terrazzo covering walls, floors and passageways; (3) Independent or freestanding sculpture; (4) Interdisciplinary artwork including the written word, glass, photography, sound, video or any other multi -media works of art appropriate for the site; (5) Earthworks or the integration of natural and man-made materials in the landscape; (6) Fountains and water features; (7) Works that are decorative, ornamental or functional elements of the architecture and that contemporary ap- proaches sculpture, site furnishings, earthwork etc. are welcomed; or (8) Any other project deemed eligible by the AIPPB. B. Ineligible Public Art: The following shall not be eligible as public art: (1) Reproductions or unlimited editions of original work; (2) Directional elements such as super -graphics, signage, or graphic elaments already part of the project; or (3) Business or corporate logos or signage. C. Professional Artist: The public art project shall be designed by an artist that meets at least two of the following criteria. provided that emerging artists who demonstrate a high level of competence, ability to create unique artistic enhancements, understanding of mediums and relationship of artwork to the site may be acceptable at the discretion of the AIPPB. (1) The artist has obtained a Bachelor of Fine Art or Master of Fine Art from an accredited college or university. (2) The artist has exhibition experience in a professional context (i.e. galleries, museum, art canters, or other exhibit venues). (3) The artist has received peer recognition such as honorable mentions, awards, prizes, scholarships, appoint- ments, or grants. (4) The artist is pursuing Nether work as a means of livelihood and/or a way to achieve the highest level of profes- sional recognition. (5) The artist's work has been discussed in a published writing. (6) The artist's artwork has been held in public or private collections. D. Location: Public art shall be installed in a location that is open to the public and is visible from a pedestrian or vehicular way. Locations include, but are not limited to, community hubs or gathering places, portals, entrances or gateway., adja- cent to sidewalks, adjoining parks and plazas, integrated into the floors, walls and ceilings within public areas and high thmi fic areas or areas along a bus route. The public art shall be located on site unless otherwise permitted to use town -owned property or fightof-way by the Vail Town Council. 12-25.4: Public Art Review: A. Public Art Plan Required: When required public art, the applicant shall submit a public art plan for review by the Art in Public Places Board. The administrator may require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. The public art plan shall include the following: (1) Site plan showing location of art; (2) Elevations and/or renderings of the project including public art component; (3) Written description of proposed type of public art; (4) Project schedule, including project and public art installation schedule; (5) Representations of the artwork (i.e. drawings, pictures of similar works by the artist); (6) Estimated public art budget, for purposes of determining the amount of performance bond; and (7) A written description of the maintenance plan. B. Final Review: Within thirty (30) days of submittal of the public art plan, the AIPPB shall review the public an plan at a regularly scheduled public hearing and shall make a determination of approval, approval with conditions or modi- fications, or denial, based on the requirements in Subsection C of this Section. The Design Review Board shall not have purview over any aspect of the public art within the project. C,Criteria for Review of Public Art Plan: Prior to approving a public art plan, the AIPPB shall find that the public art plan meets all of the following criteria: (1) Compatibility with the site: Works of art shall be contextual to the site, and be compatible in style, scale, mate, dial, form, and content with their surroundings, and should enhance the relationships between the natural and man-made features of the site. (2) Location: The public art shall be viewable from public spaces, and shall be accessible to the public. (3) Compatible with the architecture: Works of art that are decorative, ornamental or functional elements of the architecture shall be contextual to the architectural design of the building(s). (4) Scale; The scale of the artwork shall be commensurate with the scale of the development or redevelopment project, (5) Public Safety: Public art shall not create safety issues. (6)Permanence: Public art that requires expensive or continual maintenance is discouraged. Public art shall be resistant to theft and vandalism. D. Appeals: AIPPB decisions may be appealed in accordance with the provisions in Section 12-33, Appeals, Zoning Regulations. 12-255: Public Art Completion and Performance Bonds: All public art installation. that aro not complete prior to issuance of a Certificate of Occupancy for the project will require a pertormance bond equal to 125% of the estimated coat of the public art outlined in the public art plan. The public art shall be installed as outlined in the approved public art plan within one year after issuance of Certificate of Occupancy for the project, or the Town may use the performance bond to complete the public art installation. Following installation, applicants shall schedule a final inspection with the administrator. Upon a determination by the administrator that the public art installation is complete and in compliance with this Code, the Town shall release the performance bond. 12-25-6: Maintenance: Public art shall be maintained as outlined in the public art plan. Maintenance of the public art shall be the sole responsibility of the current property owner in perpetuity, and this obligation shallbe deemed to run with the land. Failure to maintain public art in compliance with the public art plan shall be considered a violation of this Chapter, subject to the penalties Section S. If any pan, section, subsection, sentence, clause or phrase of this ordinance Is for any reason held to be Invalidsuch decision shall not effect the validity of the remaining portions of this ordinanceand the Town Council hereby declares h would have passed this ordinanceand each part section, subsectionsentence, clause or phrase thereof, regardless of the fact that any one or re pans, sections, subsections, sentences, clauses or phrases be declared Invalid. Section 6. The Town Council hereby findsdetermines 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 7. The amendment of any provision of the Town Code as provided In this ordinance shall not affect any right which has rued. any duly 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 rev ve any provision or any ordinance previously repealed or superseded unless expressly stated herein. Sect on 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 pad thereof, thereto- fore repealed. INTRODUCED. READ ON FIRST READING. APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of April. 2008 and a public hearing for second reading of this Ordinance set for the 6th day of May. 2006, at 6 0 P.M. In the Council Chambers of the Vail Municipal Building. Vail, Colorado, Richard D. Cleveland, Mayor ATTEST'. Published in the Vail Daily Apul 26, 2008, i l rK1� 1.T. & Dale i Q I acknowledge the accuracy of 5.10.08 publication of Ordinance No. 8, Series of 2008. `� ►-�-.. � � Vie. Matt Mire, Iovn Attorney C34 Saturday, May 10, 2008 THE VAIL DAILY 970.949.0555 vaildaily.com ORDINANCE NO. e SERIES OF 2008 ORDINANCE NO. 8, SERIES OF 2008, AN ORDINANCE AMENDING CHAPTER 12.3, ADMINISTRATION AND ENFORCEMENT, VAIL TOWN CODE, TO ESTABLISH PROCEDURES FOR APPROVING PUBLIC ART IN PRIVATE DEVELOPMENT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity and livelihood in the community; and WHEREAS, the presence of and access to public art enlivens the public areas of buildings and their grounds and makes them more welcoming; and WHEREAS, the aesthetic value of public art mitigates the negative impacts that development has on the Town; and WHEREAS, Town of Vail seeks to clarify procedures for mitigation of development impacts through public art In private development: and WHEREAS, on March 10, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval of the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the proposed amendments further the general and specific purposes of the Zoning Regulations: and WHEREAS, the Vail Town Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural en- vironment 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. The purpose of this ordinance is to amend Chapter 12-3, Administration and Enforcement, Vail Town Code, In order to establish procedures for reviewing public art In private development that is considered a mitigation of development impacts (Text that is to be deleted is stricken. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 12-2-2 is hereby amended as follows: 12.2-2: Definitions Of Words and Terms: ART IN PUBLIC PLACES BOARD (AIPPB): The Art In Public Places Burd established pursuant to Chapter 33 of the Vail Town Code. LIMITED EDITION: One of no mora then nine copies produced from an original artist's mold. PUBLIC ART: Any original creation of artwork that is accessible to the general public. Bastion 3.Section 123.3 is hereby amended as follows: 12-3-3 Appeals C.Appeal Of Planning And Environmental Commission Decisions, And Design Review Board Decisions and Art in Public Places Board Decisions: 1. Authority: The town council shall have the authority to hear and decide appeals from any decision, determination or interpretation bythit pbarAul aid eAuirbddwhtBlloosa*eiBeodrdt&Wesign review board provisions of this title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the planning and environmental commission or the design review board or the Art in Public Places Burd with respect to this title. 'Aggrieved or adversely affected person' means 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 'Aggrieved interest in community good shared by all persona, Thee dministrator shall determine the standing of an appellant. If the appellant objects to the administrator's determination of standing, the town council hall, at a meeting pnor to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the town council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The town council may also call up a decision of the planning and environmental commission or the design review board or the Art in Public Please Burd by a majority vote of those town council members present. 3. Procedures: A written notice of appeal must be filed with the administrator within twenty (20) calendar days of the planning and environmental commission's decision or the design review board's camellia, Art in Public Places Board'dscision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing en appeal shah be extended to the next business day. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well a, specific and articulate reasons for the appeal on'orms provided by the town. The filing of such notice of appeal will require the planning and environmental commissiowdttbeAld IengraliddctAhedeb9oasdrd to the town council at the next regularly scheduled meeting a summary ot all records concerning the subject metier of the appeal and to send written notice to the appellant applicant, property owner, end atljacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of of of the condominium association) at least frf[een (15) calendar days prior to the hearing. A hearing shell be scheduled to be heard before the town council on the appeal within forty (401 calendar days of the appeal being filed. The town council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this chapter to appeal any interpretation or determination made by the planning and environmental commission or the design review board or the Art in Public Places Burd. 4. Effect OI Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrator rendering such decision, determination or interpretation certifies in writing to the planning and environmental commission (or the design review board in the case of design guidelines or the Art In Public Places Board) and the appellant that a stay poses an imminent peril to life or property, in which ca proceedings. The commission (or board) shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the planning and environmental commission (or the design review board in the case of design guidelines or the Art in Public Places Board). 5. Findings: The planning and environmental commission (or the design review board in the case of design guidelines or the Art in Public Places Board) shall on all appeals make specific findings of fact based directly on the rp findings of tact must support conclusions that the standards and conditions irosed by the requirements of this title have or have not been met. 6. Fee: The town council may set a reasonable fee for filing an appeAktoin IRablimg FOa4be BoWnYed.Udtr "' simife�edmtgadodeissi,bodasd,dYcbuB aintained in the department of community development. The fee shall be paid at the time the appeal is filed. Sectio 4.Chapter 12-25 is hereby added as follows: 12-25: Public Art: 12.26-1: Purposs: The purpose of this Chapter is to establish guidelines, procedurse and standards for the integration of public art into development projects in the Town. TM enhancement of public places by Integprating the creative work of fir". impnvse the pedestrian experience end promotes vibrancy, crutrviry and livelihood in the community. TM presence of and rouse to public art enlivens the public areas of buildings end their groundi end makes them more welcoming. H eroates e deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. A wsakh of art and culture In the public realm will foster the economic development of the community. 12.26-2: Applicabilittyy: This Chapter shall avply to projects that have a public art component in the approved development plan es part of a Special Development District or an exterior alteration or modification in the public Accommodations (PA), Public Accommodations 2 (PA -2), Lionshwe Mixed Use 1 (LMU-1), Lions Mixed Use 2 (LMU-2) end Ski Bap Recreation 2 (SBFS2) DiNricts. 12-253: Public Art Requirements A. Eligible Public Art: The following, when produced in limited edition, shall be considered eligible as public art: 1 Attached or sftetiMegrated art elstnsMs such asp ssagsways, bridge, street furniture, paving materials or artistic features within a garden; 2 Mosaic: painted murals, or temxxo covering walls, floors and passageways; 9 Indepsndsm or frseatending seulpturo; 41nu rdisciplinery artwork Including the written word, glass, photo4raphy, sound, video or any other multi-madir works of art appropriate for the site; 5 Earthworks or the integration of natural and men -made materials in the lendacepe; 6 Fountains and water fseturas; Works that an dasorattve, omamsntal orfunetional elements of the architecture and that contemporary approaches sculpture, she furnishings, earthwork etc. aro welcomed; or 6 Any other project deemed eligible by the AIPPB. B. Ineligible Public Art: The following shall not he eligible as public art ((1 Reproduction* or unlimited editions of original work; (2 Dlroctionsl .1. be such sa supsrynphiu, signage, or graphic Nemente already pen of the project; or (3 Business or corporate logos or signage. C. Profsssionel Artist: The public art project shall be designed by an artist that meets at least two of the following criteria, provided that emerging artists who demonstrate a high level of competence, ability to create unique artistic enhancements, understanding of mediums end rolationshtp of artwork to the she may he acceptable at the discretion of the AIPPB. l Theartist has obtained a Bachelor of Fine Art or Metier of Fine Art from an accredited college or university. The artist hes exhibition experience in • professlcnal context (i,e. galleriesmuseum, art centers, or other exhibit venuesTM artist hes nuivedppeeeerr ncopnkinsuch ashonorable mentions,awards,pizs, scholarships, appointments, or grate, TM artist is pursuing hidlNr work se•means oflivelihood and/orawaytoachievethe highest level o professional recognition. TM arttet's work has been discussed in a published writing. TM artist's artwork hes been held in public or private collections. D. Location: Public art shall be installed in a location that is open to the public and is visible from a pedestrian or vehicular way. Locations include. but are not limited to, community hubs or gathering places, portals, entrances or gateways, adjacent to sidewalks, adjoining parks and plazas, integrated into the floors, walls and ceilings within public areas and high traffic areas or areas along a bus route. The public art shall be located on site unless otherwise permitted to use town -owned property or right-of-way by the Vail Town Council. 12.264: Public Art Review: A. Public Art Plan Required: When required public art, the applicant shall submit a public art plan for review by the Art in Public Places Board. The administrator may require the submission of additional plans, drawings, specifications, samples and other materials If deemed necessary to property evaluate the proposal. The pubkc art plan shall include the following: 1 SM plan: howing loulip of" 2 Elevationandlor randsnji. ot the pr ect including public art component; 6 W ritNn dsseription of proposed type of public an; 4 Project acheduI., including project and public art inatdletion schedule; 6 RspnseMetions ot the artwork (i,e. drawings, pictures ot similar works by the artiat); 6 ENfF.d PPublic art budget, for purposes of determining the amount ot performance bond; and A written Mscn on ot the maintenance plan. B.Find Review: W ithin thirty (30 days ot submittal ot the public art plan, the AIPPB shall review the public art plan et a rogue scneauea puauo nearing arta anau mean a ostermrnsnon or approve,, epprever wren based on the mquironwMs in Su sctlon C of this Semon, TM Design Review Board shell not hew purview over any aspect the public art within the project. C.Crherin for Review of Public Art Pion: Prior to approving a public art plan, the AIPPB shall find that the public art plan meets a0 of the following criteria: (1)C. hehe ompatibility with the s: Works of art shall contextual to the site, and he compatible in style, suis, material, form, and content with their surroundings, and should enhance the relationships between the natural and men-meG Mature of the she ji.15lotT.-Ir The Ile art shall be viewable from public spaces, and shall M accessible to the public. Cibarchitecture: Works of art that are decorative, ornamental or functional elements ot the architecture shell M contextual to the architectural design of the building(s). : the artwork shall M commensurate with the scale of the development or redavelopmerd project. Public Safety: Public art shall not create satsty lesues. Permanence: Public art that Nquins expensive, or continual maintenance is discouraged. Public art shall be resistant to theft and vandalism. D. Appeals: AIPPB decisions may he appealed in accordance with the provisions In Section 1233, Appeal., Zoning Regulations. 1245-6: Public Art Compl tion end Pertor—no Bonds: JU public art ineLlletions that are not complete prior to issuance of a Certificate ot Occupancy for the project will require a performance bond equal to 126% of the estimated coat of the public art outlined in the public am plan, TM public art shall he inatalled as outlinsd in the approved public art plan within ons year akar iasuansa of Certificate ot Occupancy for the project, or the Town _,r nsy uas the pertormance bond to complete the public art installation. Following installation, applicants shall schedule a final inspection with the administrator. Upon a determination by the administrator that the public art installation is complete end in compltanes with this Code, the Town shell reNsss the pertorm Ince bud. 12-26-6: Maintenance: Public art shall be maintained as outlined in the pp blit art plan. Maintensnce of the public art shall he the sole responsibility o1 the current property owner in perpetuity, and this obligation shall he deaned to run with the kind. Failure to maintain public art in compliance with the public art plan shall be considered a violation of this Chapter, subject to the penskip Section 5.11 any pan, 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 h would have passed this ordinance, and each part, section, subsection, sentence, clause ar phres , 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 of Vail 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 S.AII 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 epealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING This 15th day of April, 2008 and a public hearing for second reading of this Ordinance sat for the 8th day of May. 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of May, 2008. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Published in the Vail Daily May 10, 2008. (1566428) _ d 2008 Iing tshsri . ' THE VAILDAILY It 9713.949-U555 l{ vailycoFn ,hered, with, to 0091 aoA" ORDNANCE N0 10 tm d The When SEFM OF 2MACCOSMV AN ORDINANCE �� RE-ENAI�TN�ICi O�NANCE NO 31, SERIES OF 2W7, CASCADB 1tIti.ASE, FOR AREA AOF SPO NO.4, t1 ACCORQAf Us" Area A. Cascade vlllege t Minor ate. &ons of T oohs subject m isshra hce d a hone ooatpatorh Pati m THE IIPPRL;VED DEVELOPMENT PLAN AND RE ESi� DlI�iES wi.T CODEJOALLOW FORTHE TVNOr SECTION 124*10-AMENOME Pf 4 LOCATED"AT t390WESMVEN SOLIF►i St3E Og V14N CFORTH tifliEL.3 2:, Fiarrha Z « greerrImses, Swimming pool& fen cahtrts' reaes Attached Wages ADDfT10PlS (DECK ENCLOSURES) TO THE VILLAGE SUEVVISKW, AND SETTING FORTH bET IN FI�ARt1THEF�- Wkies a k�jdar�l to p tom' permmd «condtiorret uses and _. 1 inoiderttal to - and y Section12-9A 10 of the 7adn9 Permits major amendments to P�O� � 4- .. Other uses cuslorrhmily r ` Vhf. a, � iNHEREAB pians for Spetael pevalop x d Drofrift and B. Area B, Comm Corxia Lc issuance aiA home Permit in aG I >� fxhiviei0rre e! a 2 iDrhs, stb)ea N 31. Series d 2007, re amend the WHEREAS, tie Wrpo_ of this ordinance ia'ID amend at,d re-establish Of&*;hcea Area A, :may the ^cascade Hoeei-end Chaps Restsurai to alrow f« the conSMxbah of 1. Hare occivs zoning Rte, vall AST « carports fTLS 9 • � �& term COt patios or dher D Pl2. arh . the proposed addti«hs (deck enclosures); and - and accessory! to pmenited MW in pearnmad residential tM& or condtiond hues grid necessary for tie operaaerh u WHEREAS. the proposed major amendment 0 the Davey District is in the best irhrerrret d tiro bvrrh as IT mem Vat: Plan evhry Ottem C - Area C, Gen LYS and Single FamiN Lits it in accordarhhre with the provisions d 1. Hayne occupations, subled-fo.uence d e tpma oaxrpediorh Perm "- the Town's dwalOPmeM abiectives as identitadg+the y' yyHERE/tg, kh accordance vrith the,provis!Om wMned in the Zoning Revlsf i the Planning & Environmental Comm L�Wh has submitad its reeommerhdatiDn of approval to the Vail Town Z«in9 Repu rte. VBtTarm Code. terris caurre,.Pa « other 2. Atte own gar « • Prhm's swimming Pods' incidental to permited residential use rxtea"M for the operetotl.,I amen nest application and i . held a pUW hos""g on the major. - fedfsies atstoma* «cwrhdi4orhei uses and f. . incidental and aaressory� Parmited 3. Other Uses arslDrrhmdy -'mrf 1liAlkFiEAS, all ndwes as required by the Town of Vat Mrrtticipal Code have been sem tD the aPPmpdate parties; and � thared- D, Arra D. Glen Lyon Comnhersub ect m a with the I of Time 12 Home ocapations, subject tic hssrtashca d a forme c on P e WHEREAS, the Vad Town Council *on aid— i1 in the beat ".red of the pdf. health, safety, and wetate m amend theZoning No. 4' Vilfege DeveloPmem Area A.Y I V�Town Cods. swimmingPodsor OM recirsational 2. A «carports, Pte_' ' tannis co" POM i pavebppierd Plan fa Special � pi COUNCIL OF THE TOWN OF VAIL, COLORADO. THAT: faditiea atatDrrhar�Y incosmal to irhddmhtai and accessory 1D permitted « �rhditahal uses and necessary la operation Other uses ` - NOW, THEREFORE, BE IT ORaNNED BY THE TOWN 3. thereof mn- 9 MopigiL Purpose Sed -the D7 s hS.f6 and re-enacted by Ordinance No. 10, Series d 2006. Ordnance Na 31. Series d 2007, is hereby repewed 4. btrar arcade L.ocodw d BwlMss A&*jft for patntW unencbagd ` end corhduded entirety within 8 buNdrtg etocept F+N led.PW�gCo RsPart SsciNon 2 An ceduir s d Pmcedrsaa plant« special Developmerhf C bre this MA lbWn an amencknent na to the ed nt own Council has raeeived lite'appratral preaedures dan i d Seamon shill be A . AN offices; bhteahesses, and oPetaled parking «loadn9 areas, and the outdo« dspiey of goods. anderttraly must be loce0ed directly in from of the streatehall ft goods B The sees tic be used for ou display by ofAdoor a araeI rr cwwr wwjons of the Pl�rhing end E� Lpon the estebushrr- s owRprepergr Sidawallis � �� and WK driveways and District No. 4, Area A. display SOCNM 3. Spedd D-dapmsd Distild Nm 4 br as sties hereby remain aPP for the debeloprnerht d Spaded Special p�Ldpnhmht District No. 4 end the deuelophnem Plarw Town Of Vali, urdess they have otherwise expired• tAdts • d dweMkhg units shall rhe exceed the tollawing: b . Dsvelop n" District Na 4 within the 8ec11c, 4. Spedd DevefopmwA DkMid Na 4, Cnceda Village s1Mi1 read as 1ollorra: A. Area A, Cascada Village « transient dwelling units and a nhaximhxth of t } In Area A a minimum of three thundred o two (352) accommodation d two txtrdred sahrerty (270) dwelling unhL�. ` and use d an area in a nharhrher that will be Special. p �p rt•DWtkxNo.4 is estabfisthed iD arm" compralPiLirpowiensl`e ate, and promote the C*CI vas d "Tmn, provide adswalle open space low - ,hhshdred ate (101) dwang units br a toW density B. Area B, CoWstiemrt Sihdy tvB �i5) lots hannorM a "M 0 P b the Town by the Town d the Val ; � District Na 4 is neared b mhaure that the develOprrrent density Tow rby the mtd tftdthidrhily in r ftticit t is is $r DevebPmm!t District ed, the deveaim ` C A.C.:101110 LyOIlinll stab lit fow (104) dwalling mid shtmabie area a Special ion, them and tlfYlt!tk�e • and bertuae there are sigrstitartf CiaLind on tits tees. mnirrD distrLds Area D. (taprer 1z 3 D Area D .dlerh Lyon Commercial Ste ta(lth►h htr ft two d which shall be employee dweYmg hst1M{ 1 " Three dweNine _ Of standardwhich vdlaoa _< W ._0A , Iing tshsri . ' pfwL G Areal- tm d The When a t daheang hsxt shat be sf30e4alfJfa CiRFA t9df if<hghshiL«pt -, itlaidaralal Section 0T lrattansti)r+r+s and Code '' Area D; ldimh t�ron, oe o **shell, #1q devalopmerht Plmhlq �e h4 h# Ik A1aaiA: Csacade" - r a > A = ArB9ilMtdnitmea MWIah villivtl Tits rraioPaetft•lf�h rtancb oorrlaYrrfi of tt4 tiny v*v ,, the t�rimeu w, �bt�d�vali+ , i i I acknowledge the accuracy of the 04.19.08 publication of Ordinance. No. 10, Series of 2008. tt- Matt Mire, Town Attorney -r fN x ...,: a Tl* t! 970.949•()555 r ityaitdai cord ' Saturday, Aril 11, ?T,$ C; OROMIAlIF E N0. i4- SERIES OF 20ft . thereof, with nae emspoon d buildklgs . - - EP ASMI ANDRE-@NAS".fINQiQRD1NANCENO. 31, SERIESOFZQ07CASCADE AoeaeaoryUs" _ - RE VILLAGE, AMENDING- :flE APPRINED DEVELORMENIT PLAN FOR AREA A OF WDNO. Poi ACM:tDAWE WITH - tADCTION ti Ylk-tQ A. ` Area a Cayyw „' AROCEDURE.S, YA8 tgy�1 CODE, TO ALLOW FORTHE OF TWO J 00 TD,`THE $Ok1T}#.A►C ADDIMOPASIOI:'A r 2. Home ` �.�1ect Itl.ie a home oocupepoc!,Oermk SEL L OCATED AT 1300 WESrHAVEN 1D; 7 I61rORTH DETAILS IN REGARD THERETO,garages of is abpoedacjM a ay�h Yia iii Title l2, 9 VmlTazm Cddl� plans for E irio9rianons Pew r!b)a m P approved development cusbrrw� irriderttat; �ermdlad+es I aieea mming Pock laranie Y�rat • patios, oF*w 4 Odra aeras nnereo% GudanarilY lndderrtBi and accessory to penniaed or carnditionet turas .and necessary far ths apwalon * WHER is to a `and - �' le estebWsh Ordirgrnce. No 31, Series d 2007 to "amain() the 'the Pied >Illa "Cascada No1el and ChamF tl 1Q ()low nae f;40 B Aiga B ase .. _ :, ' 4 i Hans St+bled Oo at ice d a home oawpa�n Pernik In axon' with nae 1Xv000, of 7111W.11% construction d .' Zonrg ! Vai3o+ra Oode T - aha PrWiC aid a titih taetftpacW Dever District is In the best cored d the tam sa k o. , s 2 Atm garages or carports, Privets 9reerahousas, Wtrening pods W.J. corals patis. cr�t� fe � meds obfe�veeasldennitied'intheYaikCii�aprehensivePlanand r pqa� ; 00assay topernimcioroogdnonal Law,and raa tyi®rthegpenllllMfW0, _A000 hdd a hearing P�9ds Ou*wd in the Zoning Reg�fons, tld Planning & Environmental Connadsson amendment *Pk. eon and hes Wbnabd Its recommendation Comd C, GlenLYM Pnmerv>secordwr and Single-Fanny Lots Zor ft Ra pe: 10 issuance d a home occupation permit in roe wine the piovleions d title 12. . - of snrl aPPre+ral to the NW Town 2 Aftched garages or carpoft Private Waerk wsesrsaMnW" pools tennis cm% paws. or cow ntcxeatiornel fadM--Skx arty ' EA$, all nodcaBs as.regcmed by ftTom d van Mwniapal Code have toeen sent to Bae appropriate Parties: and bpennidedresidential uses niereof. 3 Omer � etky rnadentd and a lo penTrMad or aondciand ossa, and ne(�ary br nae WHEREAS Y� Tam Oouncd k in the best v*anpst of the pnthtrc heakh, safety, and WOMM to amend the Devebprne,ft P1ert for Spea�l Darroiopmatrt Dlb1)t3 No, 4. C�cade Vklage, Devebp nw*Area a 0 Ares D, Glen Lyon Commercial Sits 1 " Home . sub)ed b is d a home ooaQeti®a psmdt irt� wgta tide 12. w NOW THEREFORE BE R OROMNEDt3YTHE TOWN COUNCIL-OF THE TOWN OF VAICOLORADO. THAT : Zoning . Vail Town Code. w,„ „ 2- A> > or carpmts,° presale greenhouses, gwirrar rte, , o od_tei' recrea' - ' �aPeaaof 1haOndhanca 'DR>iraance Na 31. Series d 2007, is Hereby f arsbnaady inCiderpal to pemnkled msdm*W uses. 3. Qdw ries arsbrnarny inddeMal and accessory to permiaed or oandtionel uses, said r the thereof. repeated oidia- nide() by Ordinance N o.10. Series d 2008. 116Famez Ammdmarrt prppdures % dkl,4 tin):Camettaiart ' 4. Minor anode. L VWMW P00edures deec[ibed, in Sectltnt2 9A d the V9k Town Cade have been tulf7Red, ardihe Town ( dl has received the thorns of the Planrang and Bwir0 nrn0nl&l Conyr�aioia train amertrinenn b the Development Plan for Special District Na 4. Area& . k All Laxrtloon of Aygvily oR10 ,and shy be operated and conducted enlDlli within a brrndrg for perm oanlon9 or �n9 Areas, and the outdoor display of goods: %. i Dwelopmant District No 4 8. The area bbeused for outrbo- display rnustbebosteddirectly Inho9 ildthe entirely c , upon the eslisfuneM's own property Sidewakcs, Wilding entrarroes and exits driveways and abeam out veioprrnem DiShict Na 4 and the devalopmert plans for al silex, hereby-remain DistrictNo. 4 widnkn "Town d Vak, runless nney tmYe onrervriae expired; approved for the dearetoprnarnt d Special disift. DAY" 8araorn 4. SP-W OavtrloIN"tf DMW No. a Cascada MMage s rosd fdloww Pr"P°'s;'. : D UrIft The rrn dCascad units shall not emceed the bdowirng: - Dwm ftnwt DbIdd Na 4 is shed b ensure eve devdaprnent and use of an ones in a manner that wra be ous with line S)etreral dnaracBer d the Town. Wovide adecpiata gcera space and recreetMW ameriMes, and Pronresa yq o Plan-SPMW Arm a AreaA.:caacadevruB9e*ic In Ane A, a minimum d #ww hundred My'm (352) o tram dwelling'rrnka arid a msodrrtura d Oiie hudred one IM ur for a blot d two hundred seventy (2 ) 6NO& p tunes. 0 � DOW No 4 is pealed b ensure# W" development density wkl be a for nae ai9a grad the t tcrnky in whkh k is sidreted, the development isregarded as corn E Area-Coldstrr tan �y { darekirng unit plememary b me Taws merit tgsnd Em+Yranrrnentaf Com there are nae d >ugM Aspects d the Special lybtrid °^ aorrrnp tine C. �P. C Chen Lyon; ry�ndary and Siaapfe-Family Lots OaFMrndred four ;.. r on aniunft DL - Area D GlenLyonCarmnetcial Stte ' Three be ernplo es witltin CEmpfer 12-13 Vee Town Code,. daTined +Mdse . k - CrniC Y � �:. y rerrtMMppr ' ' .. ,. ,. (G RFA) �>�'$f191t1ie19A1adIa�Baltliipll - pflrllelfgi10d31 MiatJt.rtf99 square feat 'I* idlGnera 3r1►IdNMSg9190t(&5,Op0 qow*#'35 bakJd�l and Ln* in a ck>eft A hpC> iptdwefmg unit 7lf its sA a tm #e tttti�oL a bttborkas wilput, 4 sa trek dweNing wait ors CaRFA Aiee C. filen Lyon R shall be txkarfalatl for Asda tat par 12 6D8 (Darrpdy, ) (or the i�y kt d the Van Town auplra a be gpNa p fi@d;as m ttasy shek ba ;lw t in Serrian to*,• MMiRa� Code. 'pWurdtpins8./s*epeneeid lWsqumfmd "afo'uenOF, r 3oeciet nm ebmnw t CkW Nm 4 is soM ft OR* zs�—^ter-, �• �. w �n .;q y � i�eripe�andllf4r@Aspars� faomelflln, � ' - .; ;' ,," e esa t x X I acknowledge the accuracy of the 05.13.08 publication of Ordinance No. 10, Series of 2008. 4mA Matt Mire, wn Attorney i THE VAIL DAILY 970.949.0555 vaildaily.com Tuesday, May 13, 2008 C31 ORDINANCE NO. 10 SERIES OF 2008 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 31, SERIES OF 2007, CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR AREA A OF SOD NO. 4, IN ACCORDANCE WITH SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONSTRUCTION OF TWO ADDITIONS (DECK ENCLOSURES) TO THE SOUTH SIDE OF VAIL CASCADE HOTEL, LOCATED AT 1300 WESTHAVEN DRIVEICASCADE VILLAGE SUBDIVISION; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS. Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts, and WHEREAS. the purpose of this ordinance is to amend and re-establish Ordinance No. 31. Series of 2007.. to amend the Development Plan for Development Area A, specifically the "Cascade Hotel and Chaps Restaurant", to allow for the construction of the proposed additions (deck enclosures): and WHEREAS. the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan. and WHEREAS. In accordance with the provisions outlined in the Zoning Regulations, the Planning 8 Environmental Commission helda public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council, and WHEREAS. all notices as required by the Town of Val Municipal Code have been sent to the appropriate parties and WHEREAS. the Vail Town Council considers it in the best Interest of the public health, safety and velare to amend the Development Plan for Special Development District No. 4. Cascade Village Development Area A. NOW. THEREFORE. BE IT ORDAINED By THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO. THAT. Section 1. Purpose of the Ordinance Ordinance No, 31. Series of 2007, Is hereby repealed and re-enacted by Ordnance No. 10, Series of 2008. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilledand the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the Development Plan for Special Development District No. 4, Area A. Section 3, Special Development District No. 4 Special Development District No. 4 and the development plans for all siteshereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows Purpose Special Development District No, 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Townprovide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No, 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Definitions For the purposes of this chapter, the following definitions shall apply. A. "Special attraction" shall be defined as a museum, seminar or research center or performing ens theater or cultural center. B. 'Transient residential dwelling unit or restricted dwelling unit" shall be def, ned as a dwelling unit located in a multi -family dwelling that is managed as a short term rental In which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors. walks, or balconies without passing through another accommodation -1 dwelling unit or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13.7 Condominiums and Condominium Conversions. Subdivision Regulations. The unit shall not be used as a permanent residence, Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling urn parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres and Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4." B. The district shall consist of tour separate development areas, as identified In this ordinance consisting of the following approximate sizes'. Area Known As Dev Jgpment Asea Acreage Cascade Village A 17,955 Coldstream Condominiums B 4.000 Glen Lyon Pnmary/Secondary and Single Family Lots C 9,100 Glen Lyon Commercial Site D 1.800 Tract K E 8.322 Dedicated Open Space 12 32.078 Roads 32.000 4.700 TOTAL 11 97.955 Development Plan -Required --Approval Procedure Each development area with the exception of Development Areas A and C shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application, The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A, Vail Town Code, Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed .n Section 12-78-3. (Commercial Core 1). Vail Town Code, except for In the CMC building, where office and educational uses shall be permitted on the first floor, The list floor' or "street level" shall be defined as that floor of the building that is located at grade or street level. 2. All otherfloor levels besides first floor street level may include retail, theater. restaurant, educationaland office except that no professional or business office shall be located on street level or first floor, with the exception noted above. unless rt is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building, 3. Lodge; 4. Multi -family dwelling', 5. Single Family dwelling, 6. Primary/Secondary dwelling. 7. Transient residential dwelling unit. 8. Employee dwelling as defined in Section 12-13 of the Municipal Code, 9. Cascade Club addition of a lap pool or gymnasium. B. Area B. Coldstream Condominiums 1. Two-family dwelling'. 2. Multi -family dwelling. C, Area C. Glen Lyon Primary/Secondary and Single -Family Lots 1. Single family dwelling', 2. Two-family dwelling. 3, Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices. 2. Employee dwelling as defined in Section 12-13 of the Municipal Code, E. Area E. Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined In Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A. Cascade Village On-site' 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 54.434 2. Special attraction: 29+2 EHU's 3. Ski lifts'. Cas -des 4. Public Park and recreational facilities'. 12 5. Major arcades with no frontage on any public waystreetwalkway or mall area. 32.000 6. Transportation Business. 11 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B. Coldstream Condominiums 174 1. Public Park and acreatonal lacilities, 2. Ski lifts. C, Area C. Glen Lyon Primary/Secondary and Single -Family Lots 1. Public park and recreational facilities, 2. Ski lifts. D. Area D. Glen Lyon Commercial Site 1. Micro -brewery as defined in Town of Vail Municipal code, Chapter 12-2. E. Area E, Tract K 1. Public parks. 2. Public unity and public service uses. 3. Access roads. 4. Ski lifts and tows, 5. Ski trails. 6. Snowmaking facilities. 7, Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12.. Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming poolstennis courts, patiosor other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums i. Home occupations, subject to issuance of a home occupalion permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools tennis coups, patiosor other recreational facilities customarily Incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C. Glen Lyon Pnmary/Secondary and Single -Family Lots 1 Hom occupations subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations. Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools tennis courts, patios or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily Incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D. Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit In accordance with the provisions of Title 12.. Zoning Regulations. Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming poolstennis courts, patiosor other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A, All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas and the outdoor display of goods. B. Tne area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalksbuilding entrances and exits, driveways and streets shall not be obstructed by outdoor display. Density --Dwelling Units The number of dwelling units shall not exceed the following'. A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of one hundred one (101) dwelling units for atotal density of two hundred seventy (270) dwelling units. B. Area B. Coldstream Condominiums Sixty-five (65) dwelling units C. Area C. Glen Lyon Primary/Secondary and Single Family Lots One -hundred four (104) dwelling units. D. Area D. Glen Lyon Commercial Site Three dwelling units. two of which shall be employee dwelling units as defined within Chapter 12-13, Vail Town Code. Density -Floor Area A. Area A. Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. C. Area C. Glen Lyon Primary/Secondary and Single -Family Lots GRFA shall be calculated for each lot per Section 12.613-8 (Density Control) for the Primary/Secondary district of the Vail Town Code, D. Area D. Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8 Series of 1998 for previous requirements. Commercial Square Footage A. Area A. Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Area D. Glen Lyon Commercial Site The development plan for this area has expired. See Urdinance No. 8, Series of 1998 for previous requirements. TABLET AREA A PARKING 8 DEVELOPMENT STATISTICS This table is a compilation of information from 'Chan 1' and'Chart 2' m Ordinance No 31. Series of 2007 and the best available information found at the time including floor plans and Staff memorandums. Accommodation Commercial Square Parking Provided Use Units DweAing Units GRFA (square feet) Feet On-site' Millrace 39 54.434 64 Llftside(Waterford) 29+2 EHU's 47500+1,100 EHU's 56 Cas -des 6 12 Westhe-n Gondommorne 13 32.000 29 Cascade R-idembits 11 13 Total On-site' 174 C32 Tuesday, May 13, 2008 THE VAIL DAILY 970.949.0555 vaildaily.com Use Accommodation Dwailing ilin Units GRFA (square feet) Units g Commercial Square Feat Parking Requirement Cascade Hotel 148 55.457 Moder Architects 115 Chap's Restaurant Vicinity Map 4 735 39 Hotel Cafe GRFA Summary 2 16 18 Pep, Sports Spring Equinox Sun Shading 2.491 8 Fireside Bar Summer Solstice Sun Shading 1 800 15 Blue Tiger Fall Equinox Sun Shading 1'600 13 Terrace Rooms 120 58.069 Mortar Architects 105 Terrace Retail Site Plan 5 B56 20 Plaza Rooms 20 7205 Alpine Engineering 16 Plaza Retail Grading Plan (West Half) 2.024 7 Plaza Conference Grading Plan (East Half) Alpine Engineering 35 Fitness Club Storm Drainage Plan 5.806 30 C005 Total Parking Requirement for Uses Listed Above Alpine Engineering 421 C006 - Multiple use credit (10%)(421x,10=42) Alpine Engineering -42=379 C007 Total Parking Spaces Provided In Parking Structure Alpine Engineering 421 C008 Total Extra Parking Spaces In Parking Structure Alpine Engineering 42 On-site means the parking is provided within the building or near the use and NOT provided In the parking structure. Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd, and other developers. The development plans for Area D are comprised of those plansbmdted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan forsuthe SDD as a whole, Waterford, Cornerstone, Cascade Club Addltron Scenario 1 and 2. Millrace IV, and Area 0 -Glen Lyon Commercial Site and is not all inclusive. i. Waterford. Sheet #L-2, dated 11-12-92. Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1. dated 11-13-92. Sae/Grading Plan Gwathmey. Pratt. Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92. Plan Level 38/43' 3". Gwathmey. Pratt, Schultz. 4, Waterford, Sheet #2.2, dated 11-13-92. Plan Leve 14B'-6"/53'-0 Gwathmey, Pratt. Schultz, S. Waterfortl, Sheet 112.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt. Schultz. 6. Waterfortl, Sheet #2.4, dated 11-4-92, Plan Leve 169'4774'-9 Gwathmey. Ptelt. Schultz. 7. Waterford, Sheet #2,5, dated 11-1392. Plan Level 80'-0"/85'-3" Gwathmey, Pratt. Schultz. 8. Waterford, Sheet #2.6, dated 11.13-92. Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9, Waterford, Sheet #2.7. dated 11-13-92. Plan Level 101'-0" Gwathmey. Pratt, Schultz. 10. Waterfortl, Sheet #2.8. dated 11-13-92. Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11 . War do Sheet #2.9, dated 11-13-92. Plan Level 122'-0' Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10. dated 12-14-92. Roof Plan All Levels Gwathmey. Pratt. Schultz. 13. Waterfortl, Sheet 03.1. dated 11-13-92. Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92. Elevations. Gwathmey, Pratt, Schultz, 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #42, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterfortl, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford. Sheet #9,1, dated 10-20-92. Unit Plans Gwathmey, Pratt. Schultz. 19. Waterford, Sheet #92. dated 10-20-92. Unit Plans. Gwathmey. Pratt. Schultz, 20. Waterford, Sheet 99.3, dated 10-20-92. Unit Plans Gwathmey. Pratt, Schultz. 21. Waterford, Sheet 119.4, dated 10-20-92. Unit Plans. Gwathmey Pratt, Schultz. 22, Waterford, Sheet #9.5, dated 10-20-92. Unit Plans Gwathmey. Pratt, Schultz, 23. Cascade Club Addition Site Plan, Roma. 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan. Steven James Riden, 26. Millrace III, Sheat #2, dated 4/13/93, Floor Plans for Single Family Residence. Steven James Riden, 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence. Steven James Roden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93. It.., Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets 116 and 97, dated 5/6/93. Elevations for Duplex Building, Steven James Rider. 30. Millrace III, Sheet Lt, dated 5/6/93, Site/Landscape Plan. Steven James Riden. 31. Millrace IV, Scenario I, afoa Cosgriff Parcel. Site Plan, Arnold Gwathmey Pratt, 10,28/91. 32. Millrace IV, Scenario I, a/k/a Cc griff Parcel. Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/k/a CosgriN Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k,a Cosgriff Parcel. Landscape Plan. Dennis Anderson Associates. 35. Co idrdf Parcel, Survey, Alpine Eng, neering . Inc.. 10/31/91 stamped. 36. Survey.. a part of Cascade Village, Eagle Valley Engineering. Leland Lechner.. 6/8/87. 37, Site Coverage Analysis. Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report. Peter Jamar Associates. Inc., revised 11/22/68. 39. Topographic Map, Inter -Mountain Engineering, Ltd. 12/1/94 40. Improvement Location Certificate. Eagle Valley Surveying. Inc„ 3/2/92 . r.,. . _ rte., enr pion foo Area A Wccthaven Condominiumscontaining the following Sheets. Dai M Title Author Date A-1.0 Title Sheet Moder Architects 03-15-05 A-1.1 Vicinity Map Morter Architects 01-31-05 A-12 GRFA Summary Moner Architects 03-15-05 A-1,3 Spring Equinox Sun Shading Moder Architects 01-31-05 A-1 4 Summer Solstice Sun Shading Mortar Architects 01-31-05 A-1,5 Fall Equinox Sun Shading Matter Architects 01-31-06 A-1.6 Winter Solstice Sun Shading Mortar Architects 01-31-05 A-1.7 Site Plan Molar Architects 03-15-05 C00l Cover Sheet Alpine Engineering 03-14-05 C002 Grading Plan (West Half) Alpine Engineering 03-14-05 C003 Grading Plan (East Half) Alpine Engineering 03-14-05 C004 Storm Drainage Plan Alpine Engineering 03-14.05 C005 Grading and Drainage Dstals Alpine Engineering 03-14-05 C006 Utility Plan Alpine Engineering 03-14-05 C007 Utility Details Alpine Engineering 03-14-05 C008 Demolition Plan Alpine Engineering 03-14-05 L-1 Landscape plan Dennis Anderson Assoc. 03-15-05 L-2 Landscape Plan -Cascade Club Dennis Anderson Assoc. 03-15-05 A2.0 Parking Level Plan Morter Architects C3.15-05 A2.1 First Floor Plan Monte, Architects 03-15-05 A2,2 Second Level Plan Moder Architects 03-15-05 A2.3 I Third Level Plan Morter Architects 03-15-05 A2.4 Fourth Level Plan Mattertects 03-15-05A2.5 A-2.20 Roof Plan tects 03-15-05A3.1 A-2,30 Budding A Elevations tects 03-15-05A3.2 A-2,40 Building B Elevations tects 03-15-05A4.0 A-2.50 Building Sections itects 02-14-05A4.1 A-3.10 Building Sections itects 02-14-05 A4.2 Budding Sections Moder Architects 02-14-05 the follow -Sheets'. ^Y Dig. -a ✓ The Author Data A-2.20 Second Floor Plan RKD Architects 01-28-07 A-2,30 Third Floor Plan RKD Architects 01-28-07 A-2,40 Fourth Floor Plan RKD Architects 01-28-07 A-2.50 Fifth Floor Plan RKD Architects 01-28-07 A-3.10 East and North Building Elevations RKD Architects O1-21 A-3.20 West and South Building Elevations RKD Architects 01-28-07 - A maximum of 1000 sqft, of common area, in audit,., to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act, The staff shall review all such additions to ensure that they are required by such codes. 43. Approved Development Plans for Area A. Cascade Hotel, Including 2 additions (deck enclosures) to the south side of -i. ,..., ,n nidi 1 i1 -o, cnntainino the following sheets. Vpw9, 4 Title Author Date A-1 Site Plan JG Johnson Architects 03/26/08 A-2 Entry Level- Overall Key Plan JG Johnson Architects 03/26/08 A-3 Enclosed West Deck Upper Level JG Johnson Architects 03126/08 A-4 Enclosed Fes! Deck JG Johnson Architects 03/26/08 A-5 Addition Roof Plans JG Johnson Architects 03/26/08 A-6 Addition Elevations JG Johnson Architects 03/26/08 A-7 Sections and Perspective JG Johnson Architects 03/26/08 A-8 Perspective and Elevation JG Johnson Architects 03/26/08 Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Commercial Site The development plan for this area has expired, See Ordinance No. 8. Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated In the approved development plan which is adopted by the Town, Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet.. with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approvedon February 8, 1982, by the Planning and Environmental Commission, and ,In the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced In this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreat,onal path along Gore Creek, B. Area B, Coldstream Condominiums Required setbacks shall be as Indicated on the development plan. C. Area C. Glen Lyon Primary/Secondary and Single -Family Lots Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone disidct of the Vail Town Code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and Is subject to the following All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction, At -grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (2) the distance between the building envelope and the property line. o may project not more than live feet (5') nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as Indicated on the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever Is more restrictive), at any given point to the top of a flat roof. or mansard roof, or to the highest ridge line of a sloping root unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/ArMalic Club is 71 feet. 2, Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building. Maximum heght offset as measured from finished grade to any portion of the root alongthe north elevation shall be 55' (South Frontage Road). 56' along the west elevation Westhaven Drive. and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building. A maximum of 55 feet. 5. Millrace III A maximum of 36 feet. 6. Millrace IV'. A maximum of 36 feel. 7. Cascade Club Addlt,.n A maximum of 26 feet. 8. Cascade Entry Tower. A maximum of 36 feet. 9, The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single -Family Lots the maximum height shall be 33 feel for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51 % of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet, On the perimeter of the building for Area D, height Is measured from finished grade up to any point of the roof. On the interior area of any building, he, is measured from existing grade up to the highest point of the roof. Development plan drawings shall con Sin uts the height allowances for Area D. Site Coverage Area A: Not more than 45°% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. THE VAIL DAILY 970.949.0555 vat be coy.com Tuesday, May 13, 2008 C33 Area B No more than 35% of the total site area shall be covered by buildings, provided. If any portion of the area is poor to the issuance of -temporary certificate of occupancy for the Westhaven Condominiums, provide 1 00�year floodplain information developedas an institutional or educational center, 45% of the area may be covered unless otherwise indicatetl and Cornerstone buildings t th2 Th. developer e Town of Vail Community Development Departmtent before building permitsehe area adjacent to the arelea teord ed for on the site specific development plans. Area C-. No more than 25% of the total site area shall be covered by buildings. unless the more restrictive standards of either protect. Chapter 12-21 of the Vail Municipal Code apply. 3. Cornerstone Area D. No more than 37% of the total site area shall be covered by buildings and the parking structure. The development plan for this area has expired. See Ordinance No. 8. Series of 1998 for previous requirements. Landscaping At least the following percentages of the total development area shall be landscaped as provided In the development plan. This shall include retention of natural landscape- if appropriate, Areas A and B, fifty percent (50%), and In Areas C and D sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans, Parkingand Loading A. Area A. Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10. Vail Town Code except that 75% of the required parking In Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I. where 66.6 % and the Westhaven Condominiums, where 7196 of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. 3. There ehall be a total of 58 ou-sae parking spaces on the Waterford building site with e minimum of 75 % of the required space located below grade. No mixed use credit shall be applied to this site. 4, There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units. employee dwelling units or dwelling units. .Phasing. All required parking for Cornerstone and Watedord shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7.Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from Pu blic view from adjoining properties within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved In the development plan. B. Area B. Coldstream Condominiums Fiftypercant of the required parking shall be located within the main building or holdings and hidden from public view from adjoining properties within a landscaped berm. C, Area C. Glen Lyon Primary/Secondary and Single -Family Lots Off-street parking shall be provided ,n accordance with Chapter 12-10 of the Municipal Code. Area D. Glen Lyon Commercial Site 1, Once the parking structure Is constructedthe parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988. and TDA Report. Vail Brewery Pa•klrg Analysis Update, dated January 16, 1990 both written by Mr. David Leahy. 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit semi -truck and trailer truck traffic 1. the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SCD No.4 under Chapter 3.20 shall be assessed at a rate not to teed fifty cents per square foot of GRFA In Development Area B, and at a rate not to exceed fifteen cents per square foot of GRFA In Development Area C and at a rate not to exceed seventy-five cents per square foot of floor area In Development Area D, and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall Include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology xists at the time of construction. C. The number of fireplaces permitted shall be as set forth In the Town of Vail Municipal as amended. D.If fireplaces are provided within the development.. they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent ail and dirt from dra.ning into Gore Creek, G. In Area D. a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor mversions, I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creekparticularly when construction occurs in Areas A and D. K. The two employee dwelling units In Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. C. Area D. Glen Lyon Call- of Site. The development plan for this area has expired. See Ordinance No, 8. Series of 1990 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area, In order to help meet this additional employee housing need, the developers) of Areas A and D shall provide employee housing. In Area D. the above referenced employe- housing requ.rement shall be provided on site. For the Westhaven Condominiums site. the employee housing requirement shall be met as set forth in Condition 3 herein. The developers) of Area A shall build a minimum of 3 employee dwellng units within the Cornerstone Building and 2 within the Lihside (Watedord Building). Each employee unit In the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 sq -are feet, The developer of the Westhaven Condominulme holding shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3. The developer of Area!] shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building, In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unn shall have a minimum GRFA of 900 square feet, The GRFA and number of employee units shall not be countetl toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type Il, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 eq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. h. of additional GRFA. The 500 sq. h. shall be Included in the allowable GRFA on these lots, Each lot shall also be entitled to 300 sq. It. of garage area credit for the employee housing unit, In addition to the 600 sq. ftgarage area credit allowed per residence. The driveway width of 12 is allowed to remain (no Increase In driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code, unless such time requirement is amended herein. Section 4. If any part. section, subsection, sentence. clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed his ordinance, and each pan, section, subsectionsentence, clause or phrase thereof, regardless of the fact that any one or more parts.. sectionssubsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby findsdetermines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the Inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duly imposed. any violation that occurred pnor to the effective date hereof, any prosecution commenced. nor any other action or proceeding as commenced under or by virtue of the provision amended, The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylawsorders, 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 If day of April, 2008 and a public hearing for second reading of this Ordinance set for the 6- day of May, 2008. at 6 00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Town Mayor ATTEST' Lorelei Donaldson. Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL on the 61, day of May.. 2008. Richard Cleveland. Town Mayor Additional Amenities and Approval Agreements for Spacial Development District No. 4. A. The developer shall provide or work with the town to provide adequate private transportation services to the owners and guests so as to transport them from the developme or to the Village Core area and Lionshead area as outlined in the ATTEST. approved development plan. Lorelei Donaldson. Town Clerk B. Area A. Cascade Village 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with threge reatlonal path to Donovan Park. as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed when a building pe rmlt is requested for the Westhaven Condominiums. The sidewalk shall be Red of the building permit plans, The sidewalk shall be constructed subsequent to the issuance of a building permit and Published in the Vail Daily on May 13, 2008. 2266 PROOF OF PUBLICATION STATE OF COLORADO } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 4/19/2008 and that the last publication of said notice was in the issue of said newspaper dated 4/19/2008. In witness whereof has re unto set my hand this 1st day of May, 2008 Publisher/Generoa,Aagerditor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this I" day of M 008. Pamela Joan Schultz 47 t.�OTA�Y Notary Public My Commission expires: November 1, 2011 I acknowledge the accuracy of 5.10.08 publication of Ordinance No. 11, Series of 2008. 3 Friede, Planner Saturday, May 10, 2008 C33 THE VAIL DAILY 970.949.0555 vaildaily.com ORDINANCE NO. 11 SERIES 2008 AN ORDINANCE AMENDING TITLE 4 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 12, ENTITLED "SEXUALLY ORIENTED BUSINESSES" ; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town'), is a home rule municpipal corporation duly organ¢ed end existing under laws of the State o Colorado and the Town Charter (the 'Charter*); and WHEREAS, the members of the Town Council o the Town (the 'Council') have been duly elected and qualsied; and WHEREAS, the Council finds and determines that sexually oriented businesses produce adverse secondary effects on the public health, safety and welfare, and WHEREAS, such adverse secondary effects include increased rates o certain comes, including prostitution, robbery, assauh, limit, loitering, pandering and public intoxication, the spread of sexually transmitted diseases, the debasement of both men and women, a e- erie in properly values for surroundlnBB properties, and noise, parking and traffic problems; and 541 WHEREAS, such adverse secondary. mcu, occur most oIm in the areas immediately surrounding such businesses; andGift vented businesses on communities in Colorado and elsewhere; and WHEREAS, the Council, In enacting tCn ordlon Fderal Hei mitts 285he' F.3d 1272 (tin ing Cv. 20020th n,,cujh ng the dvereeal. m .,cry etteDcts oLLC v. f sexually chanted of Aurora, 136 F.3d 683 (10th Cir. 1898), reversed on other grounds at 311 F.3d 1220 (10th Cir. 2002), reversed at U.S. 774 (2004), and Essence, Inc. v. y o 9 WHEREAS, the Council, in enacting this ordlnence, expressly relies on the findings o the �nhed States Supreme Court in Ciry of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Boos v. Barry, 4 U.S. 312 (1988), conceming the adverse secondary effects of sexually iented businesses on surrounding areas; and appropriate WHEREAS, to reduce the adverse secondary effects caused by sexualy oriented businesses in the Town, the Council deems N pr to and necessary to adopt regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF TME TOWN OF VAIL, COLORADO, THAT: e Can 1 TNI. 4 of the Vail Town Code is hereby amended by the addition of a new Chapter 12, which shall read as follows: CHAPTER 12 SEXUALLY ORIENTED BUSINESSES 4-12.1:PURPOSE: ter is to romote and roteht the public health, salary and "are by regulating sexually oriented bsexual6Boriemedhmatedalsthe blThis Chaptert of sonotbilntendeo reduce the 1. d toorestrm ncuoctden ions taccectsol sexually oriented business ss s haptertos not intended nt nil d tomcondone aorr ls legR mize hrolocied e d stributhe � The purpose of this Chap p. es within the Town. This Chapter 1s not intended to limit or restrict the content of any communicative materials, including N - Amendment of the United States Constitution or Article II, § 10 of the Colorado Constitution or to deny access of dishibutors or ezhibdois of sexually oriented entertainment to their intended market. finally, this Chap the following terms shall have the following meanings'. is establishment in which the public Is permitted or invited where, for any Corm of consideration, o rnstes relearon o rapmductioes or photoslraphs describing, s mutating or depicting specified sexualsactivs sor ee ar speefive d sal anatomicafor l ere i n .. n soy ova time are used regularly to show films, nation pictures, video cassettes, slides, digital g g f d sexual activities or specified anatomical areas; or (2) t for any forth of consideration one or mora of the following: -(1) books, magazines, periodicals or other printed matter, or phoogrephs, ti ms, mo ton ss or parapeernw,.'e=,y.­ A nightclub, bar, restaurant PICTURE THEATER: Aeon at have an emphasis on dep e A theater, auditorium ar sn vino been found guilty by a ju ' ic'on overturned or vacated arson who works or performs the, status; excluding any pen IISES: The building or structu NTED BUSINESS: An adult d and mcognixed sexual the fOMICA1 AREAS means any .am. wen If _.nx N and < .Fondling or other intention Sex acts, normal or pervs 1. Masturbation, actual or si I. Human genitals in a state 1.12J:LICENSE REQUIRE iN sex oriented busing, h12-4:LICENSE APPLICA 4.Applicanm for a sexually, I.The name, address, telep >.The trade name of the app 3.The name of any other se /.The address of the premi: I:If the applicant is a corpoi B.Copies aF documents den 7.A sketch, dewing o diag B.A description of the ryve ' B.Each application shaA he C. Each application shag bi 4.1"..BACKGROUND IN A,Uppon receipt o a compls B.The Town Clerk may to I C.The Town Clerk may see D, The backgroundinvestig 4.12E;ISSDANCE OR DE A,Within ten (10) days of t prepaid, to the applicant at 1 The molicant has not Pa .'which, as one of its principal business purposes, offers for sale or ren y . i, digital video discs (DVDs), digital images Or other visual representations wish are characterized by their emphasis on the depabon or description of spec, ie or use in connection with specified sexual activities. or similar commercial establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by the exhibition of specified sexes martial establishment which Is characterized by the showing, for any loan of consideration, of films, motion pictures, video cassettes, slides, compact discs, digital video discs (DVDs), digital images or other visual ing or describing specrfied sexual activities or specified anatomical areas. D p as or p lar commercial establishment which,pleaoren lea of no o nsidecontede raga n uses dsiel wed j dgments, deferred sentences deterred adjuSlimB�im o eT.B a bargains, ofspecfied theroorinot an appeal of such ecified convicti nactitiol pending; dge ora jury or other a guilty p P ry appeal or other force of law. of with or vork or serviremses for resatr orlmoriented aintenancesot the p emrsea or toPdeliveringrcontract or removing tiangible personapropertytolorfrom thelpresmrseshethar such person Is designated as an employee, independent contractor, ,gen ,on on the p P ,e in which a licensed sexually oriented business is operating. arcade, adult store, ad.ft cabaret, adult motion picture theater or aduh theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State of Colorado r.JL following: (1) human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola, which are not completely and opaquely covered; or (2) human male genitals in a paquey covered. possession or distribution of child pornography; distribution of an illegal s committed under the penal or criminal code of any municipallry, county, state or country: sex crimes against children; sexual souse; sexual assault; >rostitution or pandering; and organized crime if such organized creme is commMed within the premises of a sexually oriented business in the Town or elsewhere, ollowing'. n genitals, pubic region, buttocks, anus or female breasts, _ ._sated, including intercourse, oral copulation and sodomy; ted; or exual stimulation or arousal; human excretory functions as part of or in connection with any of the activities set forth in subsections 1. through 4. hereof. in the Town shall be licensed as set forth in this Chapter, and N shall be unlawful for any person to operate a sexually oriented business in the Town without a valid license issued pursuant to this Chapter. 1: led business license shall submit a written application to the Town Clerk which includearmessthdireaersnand registered agents; number and date of birth of the applicant and N applicable, each of hs officers, e st and copies of all documents recording the trade name, including the trade name affidavit; y oriented business in which any officer, director or partner has a financial interest; o be Iaensed; i, copies of the articles of Incorporation, bylaws and last annual report; traling that the applicant hes a legal right to possession of the premises to he licensed; drawn to scala and showing the configuration of the premises, Including total floor area to do occupied by each sexualy oriented business; and zesty odented business proposed, such as an aduh store, adult cabaret, aduk theater or aduk motion picture theater. fed and acknowledged to be true by the a. aria d or the managing partner, president or other officer having the authority to sign for the applicant. omrnies by a non-refundable application fee in accordance wnh a fee schedule maintained by the Town Clerk. rIGATION: application, the Town Clerk shall perform a heckground investigation of the applicant end its officers, directors and partnere, and the information contained In the application. agate any fact related to any olthe cnmria set forth in this Chapter that may be relevant to determine the eligibility of the applicant for a sexually oriented business Iaense. d obtain the assistance of law enforcement agencies in conducting the background investigation. shall be completed within forty-five (45) days of receipt of the completed application. cm lotion of the background investigation, the Town Clerk shall either issue the sexually oriented business license or issue a written statement of denial. The license or statement of denial shall be sent via Untied States mail, postage address provided on the application, The Town Clark shall issue the license unless one or more of the following is true: required lees. cars, directors or partners is under eighteen (18) years of age, to conduct business under applicable state or federal law or Town ordinances; provided fase intonation to the Town on an application for a sexualy oriented business license; „a N,w,,.o., sexually oriented business does not complIyy with the location requirements set forth in the Town's zoning ordinance; remises i I which the sexualy oriented business is proposed to belocated does not comply with applicable Town ordinances, such as the building code, electrical code or fire code, pplicant !.,,it elinquent in the payment of any taxes, tees, or other payments owed to the Town: or ppkcant any of ns directors, offmers or partners has been concocted of a specified come In the two (2) years preceding the date of the application. Pten (10) days of the date of a written statement of denial, the applicant may submit a written two that the Town Clerk schedule a hearing before the Town Council on the application. The hearing shall be held at the next regularly scheduled Town Council I occurring at least ten (10) days after receipt of the written request. a hearing, the applicant may present additional evidence, either documnmr or through witness testimony, which is relevant to the applicant's eligibNity for a sexualy oriented businor ess censye. TownlCoiuncilf denim en ssthe eor w,ppl cation for(, sexual thereafter rimed business li ansa the Tovm coun� Ire dens on shall bown lerfinal, s ubject to jue the s ial reventiew puon us�euantness�to Rule 1r06(a)(4) ofrthe Colorado f9uleslof OrvPl Procedure. dure.conou.he sexually oriented business license. TERM OF LICENSE; RENEWAL: Ixualy oriented business licenses issued under this Chapter shah be valid for one yearfmm the date of issuance, unless revoked or suspended as provided in this Chapter. an application for renewal of a sexually oriented business license shall be filed with the Town Clerk at least sixty (60) days prior to the expiration of the cure nt license, together with the applicable annual license tee. If no application for renewal is timely filed, the a has waived its option to renew the license and must re -appy for a new license. icetions for renewal shall include the same information as an original application, except as the Town Clerk deems redundant. procedures for renewal license applications shall be the same as the procedures tali new license applications. '.LICENSE NONTRANSFERABLE: ry sly oriented business license iss or sunderthis mea a haps r is olfnra merest lint eysexualy oriented bus netslsmor the estebl shmant lot a tmst�giftUornsimilar legal device which ltransfem ownership or control oldie sexualy onentald business ooriented r the licensed psiness or the remises, as: the transfer by sale, exchange gg len transfer by bequest or other operation of law upon the death of the person possessing ownership or control. •SUSPENSION AND REVOCATION: Town Clerk may suspend or revoke any sexually oriented business license issued under this Chapter if the Town Clerk receives reliable into to establish that: sante is being maintelned on the licensed premises; tensed premises are unsanitary es certified by the Eagle County Department of Health; licensed premises are unaale as certified by the Town's building 'Nicial, the fire marshal or the fire chiefs licensee has knowingly permitted on the licensed premises: the pcaa,s on, wale or use of illegal controlled substances; any specified sexual activity; or prostitution, licensee or any of its officers, directors, partnere or employees has been convicted of a specified come during the term of the license; or tae re d to the address provided on the moat recent application, of licensee knowingly provided false information on an applicelion for a sexually oriented business license or renewal of such a license. 'est twenty (20) days before the Town Clerk suspends or revokes any sexually oriented business license, the Town Clerk shall provide written notice to the licensee, vie United States mail, poo g p psi sgations supporting the suspension or revocation. ng the twenty (20) day period, the Iaensee may file a written request forestay of the suspension or revocation pending a hearing before the Town Council on the allegations to support the suspension or revocation. hearing shag be held at the next regularly scheduled Town Council meeting at least ten (10) days atter receipt of the request. ,e hearing, the applicant may present additional evidence, ether documentary or through witness testimony, which is relevant to the suspension or revocation. ,e conclusion of the hearing or withinten (10) days thereafter, the Town Council shell order that the sexually oriented business license be suspended for a period of time not to exceed one hundred eighty (180) days, or that the license be revoked, or that no action en w.w respect to the license. e Town Council orders suspension or revocation, the Town Council's decision shall he final, subject to judicial review pursuant to Rule 106(.)(4) of the Colorado Rules of Civil Proce urs. iO:GENERAL REGULATIONISy: but g aeaexuelfeorien..ted busineseliceinsel sseeld under thio Chapter shall be d son a 1pnlayedsin a coosgauous placeaotthe k eased premlaesln ice leer cove or 1 ameland shall regulations, available for mapeclion at aandll times by the public.sales tax � aensd promises shah a maintained in a clean and eenitar/ condition, and shall be cleaned et least once dairy and more frequently when necessary. sit and ggarbage shall not be permitted to accumulate in any licensed premises or on the property outside any licensed premises. ateriels demcea and novelties offered by a sexually oriented business which depict specified sexual activPo B or specrfied anatomical areas shall be displayed ss that they carinal be seen by anyone other than customers who have entered the licensed premises. II: DANCE AND ENTERTAINMENT REQUIREMENTS: ad cabaret or ad theater at which employees dance shall have one or more stages or similar structures specially designed for dancing, which shall be constructed in accordance with applicable building code regulations, and located inside the licensed premises. syees,hall dance only upon such stege or structure. en an employee dances on a structure which is designed to hold not more than two (2) persons, the structure shall be level, of ,lordly construction and securely fastened to the floor or wall during dance performances. Steps and handrails shall be required on a ll stages and structures where the plafform on which the employee dances is more than eight inches (e') above the surface upon which the structure rests. r ages cabaret or aduk theatre shall have one or more separate areas designated in the diagram submitted as part of the application as a stage for the licensee or employees to perform as entertainers. Entertainers shall perform Dory upon the stage, and the stege be fixed and immovable. wearingg torthe audience ahaN be permitted within three feet (3') of the edge of any stage, and no members of the audience shall he permitted upon any stage or within three feet (3') of the edge o any stage. 11:LIGHTING REQUIREMENTS: pad 9 9 9 property inn the occupant capacity o any licensed premises, es determined bd the fire access shell tm a t' ipped w tit overhead I gifting fli)lures of suir ant ntelns ry tot lluminatetteve o place el ne Ilum nation of no less�than twoa(2) bocantlleas easmailured at the frimmed andloor lhe,evel. 11 shalt a interior portion of a licensed premise to which patrons are permitted Qu dory I the licensee and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron s present on the premises. -12:HOURS OF OPERATION: m64I for a sexually oriented business to be open for business or for the licensee or any employee of a licensee to allow patrons upon the licensed premises on any Monday through Saturday between 2:00 a.m. and 7:00 a.m.; and on any Sunday between 2:00 a.m. F12-13:AGE RESTRICTIONS: LN is unlawful (or a licensee to admit or perms the admission of any person leas than eighteen (18) years of agge into any sexualy on business. I.It is unlawful for any person to sell, barter, give, or otter for sale, barter or ggilt, to any person under eighteen (18) years of age any service, materiel, device orthing sold or offered for sale by any adult store oradult motion picture theater. Empployees of an sexually oriented business shell be at least eighteen (18) years o age. 1-12-14:CONDUOT: 1.No licensee or employee shall encourage or knowing)y permit any person on or within the licensed premises to touch, caress or fondle the genitals, pubic region, buttocks, anus or breasts of any person. I.No licensee or employee shall knowingly fail to immediately report to the police department any criminal conductor violation of any Town ordinance or state or federal law, rule or regulation that occurs on or within the licensed premises. ..No arson shell engage In specified sexual activities on or within a Ikensed premise. ).No licensee or employee mingling wait patrons or serving fold or dunks shall he unclothed or in such affirm, costume or clothing ao as to expose to view any specMiB. anatomical oma. oiled direct, to the entertemer. Any physical contact between the patron and the No employee shall receive ing, from patrons except as provided herein. A licensee that desires to provide for tips from its patrons shell establish one or mare boxes or other containers to receive tips. All tips for employees shell be placed by patrons into the tip box. fhe licensee shall post one or more signs to be conspicuously visible to patrons in letters at least one inch (1') high to read as follows: All tips are to be placed In tip box and not he y ntertainer is slriotly pprohibited.' 1.12-1S:fNSPECTION: =very licensee shall permit few enforcement officers end any other tedeel, state, county or Town agency in the performance of any function connected with the enforcement of this Chapter and normally and regularly conducted by such agency, to inspect the sense >remises for the pp rrppose o1 ensuring compliance with this Chapter, at anytime the licensed premises is occupied or open for business. 1.12-18:EMPLOYEE IDENTIFICATION: ch licensee shell provide to the Town Clerk, in wising, the full name, any aliases, date of birth, and the current address and telephone number of every employee of the licensee within five (5) days of employment. 1.12-17:EXEMPTIONS: Notwithstanding uh awnyhlking to the contraryin this Chapter, the following businesses and activities shall be exempt frtinom there uiremenis of this Chapter:a areas if sit mrialsocated in rat room 2.Any collage, IIunior colderi e I .. he supported i( whale ors apart, �bcomeax ar.venuthe sale of me and offer net educatnet. dor al programs which, for educational purposes, may include t e capioi n off specsiedlsezual activities or specNiedr anatomical abooth reas those materials only. 4-12-13:REOULATION3 NOT EXCLUSIVE: Nothing9 contained in this Chapter shall limit the effectiveness or applicability of any other provision of this Coda to any sexually oriented business. 412.19PENALTeriod not to exceed one hundred IES: fine not A.It sell bs unlawful for any person, corporation or other entity to violate any prorvision o she of Chapter, and any sucarsh of age sial bellubjectlto impnsonmenLLEach and every day of vioexceed nine h ndred lation of the, poars visions0o�thsdChapler shall cononment rstitule a separate oft.nse pun shable eighty (160) days, or both such fine and Imprisonment, provided that no person u 9 9 s ch,h In provisions Bsln the event of violation of any of the terms and regulations set fol awarded to the Town in edditkln to nyhother relief, injunctive relief, to require compliance with the Bions hereof. N the Town is successful in obtaining injunctive or other equitable relief, the costa and attorney fees incurred by the Town in such action shall be ppion IIyy C.Nothing contained herein shell preclude the Town from enforcing the auspensiondinerice is toraenonreasoni held to be nvalidrsuchddec Bion shallltnot effelct to n validuy ottthe rama'ting clod.? ofd.., oad vi a rd lance; ahis mend the Townter under hC until heis declares it would have passed Section 2.If any part, section, subsection, sentence, clause or phrase of this or Yonmore this ordinance, and each pert, section, subsection, sentence. cls es for phrase iia athero a is necessary and propelto the heash, Batey and weeare of the Toiwo of Vail and the, nhabitan(s these be declared invalid. Section 3.The Town CouncA hereby finds, determines and deru.dcoed Section b.The amendment o any provision of the Town Code as provided in this ordinance shall rov provision hem she io revive any provsy nuor ny ord hence ptevtiouslyrepealed or superseded unle a expressly stt.'jIm effective date tstedyheresn prosecution commenced, nor any other action or pr i,n.g as commenced under or by virtue of the provision amended. The amendment of any p Y Section S.AII 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 ce set for the 20th day of May epe2008, in the Council led' INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of May, 2008 and a public hearing for second reading of this Ordinan, Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Town Mayor Attest Lorelei Donaldson, Town Clerk Published in the Vail Daily May 10,2008. (1526741) I acknowledge the accuracy of the May 24 Ordinance No. 11, Series of 2008, publication. L "l l5 Matt Mir , own 4ttorney THE VAIL DAILY 970.949.0555 vaildaily.com Saturday, May 24, 2008 C37 ORDINANCE NO. 11 Asexually oriented business license issued under this Chapter is nontransferable. Byway of example but not limitation, anew sexu- $ERIE$ 200$ ally oriented business license shall be required upon: the sale, lease or sublease of the sexually oriented business or the licensed premises; the transfer by sale, exchange or similar means of a controlling interest in the sexually oriented business: or the establish- ment of a trust, gift, or similar legal device which transfers ownership or control of the sexually oriented business or the licensed AN ORDINANCE AMENDING TITLE 4 O THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 12, ENTITLED premises, other than transfer by bequest or other operation of law upon the death of the person possessing ownership or control. "SEXUALLY ORIENTED BUSINESSES"; AND SETTING FORTH DETAILS IN REGARD THERETO. 4-12-9: SUSPENSION AND REVOCATION: A. The Town Clerk may suspend or revoke any sexually oriented business license issued under this Chapter 4 the Town WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the 'Town"), Is a home rule municipal corporation duly Clerk receives reliable information to establish that: organized and existing under laws of the State of Colorado and the Town Charter (the "Charted')', and 1. A nuisance is being maintained on the licensed premises; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified', and 2. The licensed premises are unsanitary as certified by the Eagle County Department of Health; WHEREAS, the Council finds and determines that sexually oriented businesses produce adverse secondary effects on the public 3. The licensed premises are unsafe as certified by the Town's building official, the fire marshal or the fire chief; health, safety and welfare; and 4. The licensee has knowingly permitted on the licensed premises: the possession, sale or use of illegal controlled sub - WHEREAS, such adverse secondary effects include increased rates of certain crimes, including prostitution, robbery, assault, theft, stances; any specified sexual activity; or prostitution; loitering, pandering and public intoxication, the spread of sexually transmitted diseases, the debasement of both men and women, a S. The licenses or any of its officers, directors, partners or employees has been convicted of a specified crime during the decrease in property values for surrounding properties, and noise, parking and traffic problems; and term of the license; or WHEREAS, such adverse secondary effects occur most area in the areas immediately surrounding such businesses, and 6. The licensee knowingly provided false information on an application for a sexually oriented business license or renewal WHEREAS, the Council, in enacting this ordinance, expressly relies on the findings of the 10th Circuit Court of Appeals in Z.J. Gifts of such a license. D-2, LLC v. City of Aurora, 136 F.3d 683 (10th Cir. 1998), reversed on other grounds at 311 F.3d 1220 (10th Cir. 2002), reversed at B. At least twenty (20) days before the Town Clerk suspends or revokes any sexually oriented business license, the Town 541 U.S. 774 (2004), and Essence, Inc, v. City of Federal Heights, 285 F.3d 1272 (10th Cir. 2002), concerning the adverse second- Clerk shall provide written notice to the licensee, via United States mail, postage prepaid, to the address provided on the most recent ary effects of sexually oriented businesses on communities in Colorado and elsewhere; and application, of the allegations supporting the suspension or revocation. WHEREAS, the Council, in enacting this ordinance, expressly relies on the findings of the United States Supreme Court in City of Los C. During the twenty (20) day period, the licensee may file a written request for a stay of the suspension or revocation Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Boos v. Barry, 485 pending a hearing before the Town Council on the allegations to support the suspension or revocation. U.S. 312 (1988), concerning the adverse secondary effects of sexually oriented businesses on surrounding areas; and D. The hearing shall be held at the next regularly scheduled Town Council meeting at least ten (10) days after receipt of WHEREAS, to reduce the adverse secondary effects caused by sexually oriented businesses in the Town, the Council deems it ap- the request. propriate and necessary to adopt regulations for sexually oriented businesses. E. At the hearing, the applicant may present additional evidence, either documentary or through witness testimony, which is relevant to the suspension or revocation. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: F. At the conclusion of the hearing or within ten (1 O) days thereafter, the Town Council shall order that the sexually Section 1. Title 4 of the Vail Town Code Is hereby amended by the addition of a new Chapter 12, which shall read as follows. oriented business license be suspended for a period of time not to exceed one hundred eighty (180) days, or that the license be CHAPTER 12 revoked, or that no action be taken with respect to the license. SEXUALLY ORIENTED BUSINESSES G. If the Town Council orders suspension or revocation, the Town Council's decision shall be final, subject to judicial 4-12-1: PURPOSE: review pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The purpose of this Chapter is to promote and protect the public health, safety and weltare by regulating sexually oriented businesses 4-12-10: GENERAL REGULATIONS: through the establishment of reasonable and uniform regulations to reduce the adverse secondary effects of sexually oriented busi- A. All licensed premises shall comply with all applicable Town regulations and ordinances, including but not limiled to the asses within the Town. This Chapter is not intended to limit or restrict the content of any communicative materials, including sexu- building code, fire code, electrical code, zoning regulations, business licensing and sales tax collection. ally oriented materials. This Chapter is not intended to restrict or deny access by adults to sexually oriented materials protected by B. Every sexually oriented business license issued under this Chapter shall be displayed in a conspicuous place on the the First Amendment of the United States Constitution or Article II, § 10 of the Colorado Constitution or to deny access of distributors licensed premises in a clear cover or frame, and shall be available for inspection at all times by the public. or exhibitors of sexually oriented entertainment to their intended market. Finally, this Chapter is not intended to condone or legitimize C. All licensed premises shall be maintained In a clean and sanitary condition, and shall be cleaned at least once daily and of the distribution of obscene material. ore frequently when necessary. 4-12-2: D. Trash and garbage shall not be permitted to accumulate in any licensed premises or on the property outside any For purposes of this Chapter, the following terms shall have the following meanings: licensed premises. ADULT ARCADE: Any commercial establishment in which the public is permitted or invited where, for any form of consideration, one E. All materials, devices and novelties offered by a sexually oriented business which depict specified sexual activities or (1) or more motion picture projectors, slide projectors, image or virtual reality producing machines or similar machines, for viewing specified anatomical areas shall be displayed so that they cannot be seen by anyone other than customers who have entered the by five (5) or fewer persons per machine at any one time, are used regularly to show films, motion pictures, video cassettes, slides, licensed premises. digital images, electronic reproductions or photographs describing, simulating or depicting specified sexual activities or specified 4-12-11: DANCE AND ENTERTAINMENT REQUIREMENTS: anatomical areas. A. An adult cabaret or adult theater at which employees dance shall have one or more stages or similar structures spe- ADULT STORE: Any commercial establishment which, as one of its principal business purposes, offers for sale or rent for any form cially designed for dancing, which shall be constructed in accordance with applicable building code regulations, and located Inside of consideration one or more of the following: (1) books, magazines, periodicals or other printed matter, or photographs. films rap- the licensed premises. Employees shall dance only upon such stage or structure. tion pictures, video cassettes, slides, compact discs, digital video discs (DVDs), digital images or other visual representations which R. When an employee dances on a structure which is designed to hold not more than two (2) persons, the structure shall re characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas; or (2) be level, of sturdy construction and securely fastened to the floor or wall during dance performances. Steps and handrails shall be instruments, devices or paraphernalia designed for use in connection with specified sexual activities. required on all such stages and structures where the platform on which the employee dances is more than eight inches (8") above ADULT CABARET: A nightclub, bar, restaurant or similar commercial establishment which, for any form of consideration, regularly the surface upon which the structure rests. features live performances which are characterized by the exposure of specified anatomical areas or by the exhibition of specified C. Any adult cabaret or adult theatre shall have one or more separate areas designated in the diagram submitted as part of sexual activities. the application as a stage for the licensee or employees to perform as entertainers. Entertainers shall perform only upon the stage, ADULT MOTION PICTURE THEATER. A commercial establishment which is characterized by the showing, for any form of con- and the stage shall be fixed and immovable. sideration, of films, motion pictures, video cassettes, slides, compact discs, digital video discs (DVDs), digital images or other visual D. No seating for the audience shall be permitted within three feet (3') of the edge of any stage, and no members of the representations that have an emphasis on depicting or describing specified sexual activities or specified anatomical areas. audience shall be permitted upon any stage or within three feet IV) of the edge of any stage. ADULT THEATER: A theater, auditorium or similar commercial establishment which, for any form of consideration, regularly features 4-12-11: LIGHTING REQUIREMENTS: live performances which are characterized by an emphasis on exposure of specified anatomical areas or specified sexual activ8ies. A. When the occupant capacity of any licensed premises, as determined by the fire department, is at least fifty persons, CONVICTED: Having been Lound guilty by a judge or a jury or entering a guilty plea or a plea of nolo contendere, and includes such licensed premises shall have electric, battery-operated emergency lights using reliable storage batteries properly maintained deferred judgments, deferred sentences, deferred adjudications and plea bargains, whether or not an appeal of such conviction is and charged. pending; excluding any conviction overturned or vacated by appeal or other tome of law, B. The interior portion of a licensed premise to which patrons are permitted access shall be equipped with overhead light - EMPLOYEE: A person who works or performs work or service in or for a sexually oriented business on a full-time, part-time or con- ing fixtures of sufficient intensity to illuminate every place at an illumination of not less than two (2) footcandles as measured at the tract basis, with or without compensation, regardless of whether such person is designated as an employee independent contractor, floor level. It shall be the duty of the licensee and employees present on the premises to ensure that the illumination described above agent, volunteer or any other status; excluding any pension on the premises for repair or maintenance of the premises or for delivering is maintained at all times that any patron is present on the premises. or removing tangible personal property to or from the premises. 4-12-12: HOURS OF OPERATION: LICENSED PREMISES; The building or structure in which a licensed sexually oriented business is operating. It is unlawful for a sexually oriented business to be open for business or for the licensee or any employee of a licensee to allow SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion picture theater or adult theater, except patrons upon the licensed premises on any Monday through Saturday between 2:00 a.m. and 7:00 a.m.; and on any Sunday between an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State of Colorado 2:00 a.m. and 8:00 a.m. engages in approved and recognized sexual therapy. 4-12-13: AGE RESTRICTIONS: SPECIFIED ANATOMICAL AREAS means any of the following: (1) human genitals, pubic region, buttocks, anus or female breasts A. It Is unlawful for a licensee to admit or permit the admission of any person less than eighteen (18) years of age into any below a point immediately above the top of the areola, which are not completely and opaquely covered; or (2) human male genitals in sexually oriented business. adiscernibly turgid state, even It completely and opaquely covered. B. It is unlawful for any person to sell, barter, give, or offer for sale, baler or gift, to any person under eighteen (18) years SPECIFIED CRIME: Any of the following crimes committed under the penal or criminal code of any municipality, county, state or of age any service, material, device or thing sold or offered for sale by any adult store or adult motion picture theater. country: se s against children; sexual abuse; sexual assault; possession or distribution of child pornography, distribution of an C. Employees of any sexually oriented business shall be at least eighteen (18) years of age. illegal controlled substance; prostitution, promotion of prostitution or pandering; and organized crime it such organized crime is com- 4.12-14: CONDUCT: mitted within the premises of a sexually oriented business in the Town or elsewhere. A. No licensee or employee shall encourage or knowingly permit any person on or within the licensed premises to touch, SPECIFIED SEXUAL ACTIVITIES: Any of the following:are ss or fondle the genitals, pubic region, buttocks, anus or breasts of any person. 1. Fondling or other intentional touching of human genitals, pubic region, bullocks, anus or female breasts, BNo licensee or employee shall knowingly fail to immediately report to the police department any criminal conduct or 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy; violation of any Town ordinance or state or federal law, rule or regulation that occurs on or within the licensed premises. 3. Masturbation, actual or simulated, or C. No person shall engage in specified sexual activities on or within a licensed premise. 4. Human genitals in a state of sexual stimulation or arousal, human excretory functions as part of or in connection with D. No licensee or employee mingling with patrons or serving food or drinks shall be unclothed or in such attire, costume or any of the activities set forth in subsections 1. through 4. hereof. clothing so as to expose to view any specified anatomical area. 4-123: LICENSE REQUIRED: E. No employee shall receive tips from patrons except as provided herein. A licensee that desires to provide for tips from All sexually oriented businesses in the Town shall be licensed as set forth in this Chapter, and it shall be unlawful for any person to its patrons shall establish one or more boxes or other containers to receive tips. All tips for employees shall be placed by patrons operate a sexually oriented business In the Town without a valid license issued pursuant to this Chapter. into the tip box. The licensee shall post one or more signs to be conspicuously visible to patrons in letters at least one inch (1") high 4-12-4: LICENSE APPLICATION: to read as follows: "All tips are to be placed in tip box and not handed directly to the entertainer. Any physical contact between the A. Applicants for a sexually oriented business license shall submit a written application to the Town Clerk which includes patron and the entertainer is strictly prohibited." the following'. 4-12-15: INSPECTION: 1. The name, address, telephone number and date of birth of the applicant and, if applicable, each of its officers, partners, Every licenses shall permit law enforcement officers and any other federal, state, county or Town agency in the performance of directors and registered agents; any function connected with the enforcement of this Chapter and normally and regularly conducted by such agency, to inspect the 2. The trade name of the applicant and copies of all documents recording the trade name, including the trade name at- licensed premises for the purpose of ensuring compliance with this Chapter, at any time the licensed premises is occupied or open fidavit, for business. 3. The name of any other sexually oriented business in which any officer, director or partner has a financial interest; 4-12-16: EMPLOYEE IDENTIFICATION: 4. The address of the premises to be licensed; Each licensee shall provide to the Town Clerk, in writing. the full name, any aliases, date of birth, and the current address and tele - 5. If the applicant is a corporation, copies of the articles of incorporation, bylaws and last annual report; phone number of every employee of the licensee within five (5) days of employment. 6. Copies of documents demonstrating that the applicant has a legal right to possession of the premises to be licensed; 4-12-17: EXEMPTIONS: 7. A sketch, drawing or diagram drawn to scale and showing the configuration of the premises, including total floor area to Notwithstanding anything to the contrary in this Chapter, the following businesses and activkies shall be exempt from the require - be occupied by each sexually oriented business; and ments of this Chapter: 8. A description of the type of sexually oriented business proposed, such as an adult store, adult cabaret, adult theater or 1. Any adult store which derives less than ten percent (10%) of its gross income from the sale of materials depicting adult motion picture theater. specified sexual activities or specified anatomical areas, if such materials are located in a separate room or booth containing those B. Each application shall be verified and acknowledged to be true by the applicant or the managing partner, president or materials only. other officer having the authority to sign for the applicant. 2. Any college, junior college or university supported, in whole or In part, by tax revenue and offering educational programs C. Each application shall be accompanies by a non-refundable application tee in accordance with a tee schedule main- which, for educational purposes, may include the depiction of specified sexual activities or specified anatomical areas. tained by the Town Clerk. 4-12-16: REGULATIONS NOT EXCLUSIVE: 4.12-5: BACKGROUND INVESTIGATION: Nothing contained in this Chapter shall limit the effectiveness or applicability of any other provision of this Code to any sexually A. Upon receipt of a completed application, the Town Clerk shall perform a background investigation of the applicant and oriented business. its officers, directors and partners, and the information contained in the application. 4-12-19: PENALTIES: B. The Town Clerk may to Investigate any tact related to any of the criteria set forth in this Chapter that may be relevant to A. It shall be unlawful for any person, corporation or other entity to violate any provision of this Chapter, and any such vio- determine the eligibility of the applicant for a sexually oriented business license. lation shall be subject to a fine not to exceed nine hundred ninety-nine dollars ($999.00) and Imprisonment for a period not to exceed C. The Town Clerk may seek and obtain the assistance of law enforcement agencies in conducting the background inves- one hundred eighty (180) days, or both such fine and imprisonment, provided that no person under the age of eighteen (18) years ligation. of age shall he subject to imprisonment. Each and every day of violation of the provisions of this Chapter shall constitute a separate D. The background Investigation shall be completed within forty-five (45) days of receipt of the completed application. offense punishable as such. 4-12-6: ISSUANCE OR DENIAL: B. In the event of violation of any aline terms and regulations set forth herein, the Town may obtain equitable relief, A. Within ten (10) days of the completion aline background investigation, the Town Clerk shall either issue the sexually including injunctive relief, to require compliance with the provisions hereof. tithe Town Is successful in obtaining injunctive or other oriented business license or issue a written statement of denial. The license or statement of denial shall be sent via United States equitable relief, the costs and attorney fees incurred by the Town in such action shall be awarded to the Town in addition to any other mail, postage prepaid, to the applicant at the address provided on the application. The Town Clerk shall issue the license unless one relief. more of the following is true. C. Nothing contained herein shall preclude the Town from enforcing the suspension and revocation provisions of this 1 r The applicant has not paid all required fees. Chapter in addition to simultaneously or subsequently prosecuting alleged violations of this Chapter under this Section. 2. The applicant or any of its otlicers, directors or partners is under eighteen (1 B) years of age; Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such 3. The applicant is not qualified to conduct business under applicable state or federal law or Town ordinances; decision shall not effect the validity of the remaining portions of this ordinance: and the Town Council hereby declares it would have 4. The applicant has knowingly provided false information to the Town on an application for a sexually oriented business passed this ordinance, and each par, section, subsection, sentence, clause or phrase thereof, regardless of the tact that any one or license; more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The location of the proposed sexually oriented business does not comply with the location requirements set forth in the Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, Town's zoning ordinance; safety and welfare of the Town of Vail and the inhabitants thereof. 6. The premises in which the sexually oriented business is proposed to be located does not comply with applicable Town Section 4, The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has ordinances, such as the building code, electrical code or fire code; accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other 7. Theapplicant is delinquent in the payment of any taxes, tees, or other payments awed to the Town; or action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not 8. The applicant or any of its directors, officers or partners has been convicted of a specified crime in the two (2) years revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. preceding the date of the application. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of B. Within ten (10) days of the date of a written statement of denial, the applicant may submit a written request that the such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or pan thereof, thereto- Town Clerk schedule a hearing before the Town Council on the application. The hearing shall be held at the next regularly scheduled fore repealed. Town Council meeting occurring at least ten (10) days after receipt of the written request. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING C. At the hearing, the applicant may present additional evidence, either documentary or through witness testimony, which this 6th day of May, 2008 and a public hearing for second reading of this Ordinance set for the 20th day of May, 2008, in the Council relevant to the applicant's eligibility for a sexually oriented business license. Chambers of the Vail Municipal Building, Vail, Colorado. D. At the conclusion of the hearing or within ten (10) days thereafter, the Town Council shall either order that the Town Richard Cleveland, Town Mayor Clerk issue the sexually oriented business license, or issue a written order denying the application for the sexually oriented business E. It the Town Council denies the application for a sexually oriented business license, the Town Council's decision shall be final, subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. 4-12-7: TERM OF LICENSE; RENEWAL: A. All sexually oriented business licenses issued under this Chapter shall be valid for one year from the date of issuance, unless revoked or suspended as provided in this Chapter. B. Written application for renewal of asexually oriented business license shall be filed with the Town Clerk at least sixty (60) days prior lathe expiration of the current license, together with the applicable annual license fee. It no application for renewal is timely filed, the licensee has waived its option to renew the license and must re -apply for a new license. C. Applications for renewal shall include the same information as an original application, except as the Town Clark deems redundant. D. The procedures for renewal license applications shall be the same as the procedures for new license applications. 4-123: LICENSE NONTRANSFERABLE: Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of May, 2008. Richard Cleveland, Town Mayor Attest: Lorelei Donaldson, Town Clerk Published in the Vail Daily May 24, 2008. 2331 PROOF OF PUBLICATION STATE OF COLORADO } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/15/2008 and that the last publication of said notice was in the issue of said newspaper dated 7/5/2008. In witness whereoLbaAere unto set my hand this 25th day of July, 2008 '1rZ/(,1-, Publisher/Ge IManager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 15` day of July, th , 2008. scyGl Pamela Joan Schultz S �p'(ARY N Notary Public a O 0 My Commission expires: November 1, 2011N9� PUBS-�G QT O O,�.FOF COQ' X51. C44 I Saturday, July 5, 2008 THE VAIL DAILY it 970.949.0555 ;I vaildaily.com Vail Town Council Attachment A Ski lifts and lows.- ORDINANCE NO. 12 SERIES 2888 AN ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 12.8E, RESIDENTIAL CLUSTER DEVELOPMENT; 12.61', LOW DENSITY MULTIPLE -FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE - FAMILY DISTRICT; 12-8H, HIGH DENSITY MULTIPLE -FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-78, COMMERCIAL CORE 1; 12-7D, COMMERCIAL CORE 3; 12-7E, COMMERCIAL SERVICE CENTER DISTRICT; 12-71', ARTERIAL BUSINESS DISTRICT; 12-0A, AGRICULTURE AND OPEN SPACE DISTRICT; 12.81), SKI BASE RECREATION DISTRICT; 12 -SE, SKI BASE RECREATION DISTRICT 2; 12-88, PARKING DISTRICT; 12-8C, GENERAL USES DISTRICT; CHAPTER 12-13, EMPLOYEE HOUSING; AND CHAPTER 12-16, CONDITIONAL USE PERMIT, VAIL TOWN CODE, TO ALLOW CERTAIN CONDITIONAL USES AS PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT AMENDMENT PROCEEDURES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on June 23, 2008, the Planning and Environmental Commission of the Town of Veil held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12.3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Veil Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated June 23, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE Town Council of the TOWN OF VAIL, COLORADO, THAT: Sectlon 1. Section 12-2-2, Definitions. Vail Town Code is hereby established as follows (text to be deleted Is In sMikeMraugh, text that Is to be added is bold. Sections of text that are not amended have been omitted): PUBUC UTILITY AND PUBLIC SERVICE USES: Any structure, net otherwise exempted from the definition of "structure" elsewhere In this title, which is reasonably necessary to facilitate adequate public mllhies and public services. Public utilities and public services shell Include, but not be limited to, distribution, collection, communication, supply or disposal systems for gas, electricity, water, wastewater, storm water, telecommunications, Irrigation, solid waste, recycling, and other similar public utilities and public services. For the purposes of this title, public utility and public service was shall not include public transportation facilities, sewage or wastewater treatment facilities, sanitary landfills, salvage yards, storage yards, ar business offices, or communications antennas and appurtenant equipment USE, ACCESSORY: A use or sort" that is subordinate and Incidental to a permitted or conditions USE, CONDITIONAL: A use or activity with unique or special characteristics that requires additional review, to ensure they em located properly with respect to the objectives of the Zoning Regulations, and to ensure their compatibility with other Surrounding uses and the town at large. Due to their unique characteristics and the potential for Impacts to adjacent uses, conditional uses aro often allowed subject to specific limitations and condltlons. USE, PERMITTED: A principle use or activity allowed by tight within a zone district. Article 12 -BA, Hillside Residential District, of the Vall Town Code Is hereby amended as follows 12-6A-3: CONDITIONAL USES: The following conditional uses shall be pertained, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this this: Bed and breakfast; as further regulated by section 12-14.18 of this title. Communications antennas and appurtenant equipment. Equestrian facilities located on five (5) acre minimum lot size area on property bordering public land. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public park and recreation faciMies. Public utility and public service uses. Stiou 13. Article 12-68, Single -Family Residential District, of the Vail Town Cade Is hereby amended as follows: 12-6B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to Issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. - Public buildings, grounds and facilities. Public park and maealion facilities. Public uti01y and public Service uses. Ski litts and lows. _ - Section 4. Article 12-6C, Two-Famiy Primary/Secondary Residential District, of the Vell Town Code Is hereby amended as follows: 12-6C-3: CONDITIONAL USES: Thefollowing conditional uses shall be permitted in the R district, subject to issuance of a Conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennae and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare fecilllies as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lilts and tows. gecfLo". Article 12-60, Two -Family, Residential District, of the Vail Town Code is hereby amended as follows: 12-61)-3: CONDITIONAL USES: The following conditional was shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Con,wdt ns antennas and appurtenant equipment. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this this. Public and private schools. Public buildings, grounds and facilites. Public park and recreation facilities. Public utility and public service uses. SM Ills and tows. Section 8. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows: 12-6E-2: PERMITTED USES: 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to Issuance of a Conditional use permit in accordance with the provisions of chapter 16 of this thle: Sod and breakfasts as further regulated by section 12-14-18 of this title. B:ri s offices, u fuller regulated by subsection 12-16-7A13 of this title. communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar Conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this this. Private dubs. Professional office, as further regulated by subsection 12-18-7A13 of this dile. Public buildings, grounds and facilites. Publlc or private Schools. Public park and recmatlon facilities. Public utility and public service uses. Article 12-6F, Low Density Muhiple-Family District, of the Vail Town Code is hereby amended as follows 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to Issuance of a conditional use permit in accordance with the provisions of chapter 18 of this tire: Bad and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. E 'eyes 1 lowift 1:1449, as further regulated by chapter 1 Article 12-6G, Medium Density Multiple -Family District, of the Vail Town Code is hereby amended as follows 12 -BG -3: CONDITIONAL USES: The following conditional uses shall be permitted In the LDMF district, subject to Issuance of a conditional use permit in accordance with the provisions of chapter 16 of this rile: Bed and breakfasts as further regulated by secdon 12-14-18 of this title. Communications antennas and appurtenant equipment Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this dile. Private clubs. - Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Article 12-6H, High Density Multiple -Family District, of the Veil Town Code is hereby amended as follows 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district. subject to Issuance of a conditional use permit in sccomance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this tale. Communications antennas and appurtenant equipment Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural end fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parkfng. Public utility and public service uses. Religious Institutions. Skilifts and tows. Timeshare units. E pl.)do I 6 -us g U A �.ftxrfl regulated by ehopler 18 at this title. Section 10. Article 12-61, Housing District, of the Veil Town Code is hereby amended as follows: 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment Employee Housing Units, as further regulated by Chapter 13 of this Tide. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shah be permitted in the H district, aubjeclto iasuance, of it conditional use permit in aaordarce with the provisions of chapter 16 of this title: Commercial uses which are Secondary and Incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the folkwibg uses may be allowed subject to a comFtional utas permit: Automated Teller Machines (ATMs) azterlor to a building. Banks and financial InstitWons. Business .11 res arnl prof --al offi-es as: inher regulated by section 12-16-7 of tics tire. Child daycare facilities. - Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber slops. tailor Shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and enviro ornwaal commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA Constructed on the properly, and C. Dwelling units are only created in canjurcHon with opployee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the She and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities Installations including transmission lines and appurtenant equipment. Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended es fellows: 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, Including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential Boor, area of the main structure or structures an the SBO; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Employee Housing Units, as further regulated by chapter 13 of this title. Automated Teller Machines (ATM.) exterior to a building. 12-7A-3: CONDITIONAL USES: The following Conditional uses shall be permitted in the PA district, subject to Issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14.18 of this title. Communications antennas and appurtenant equipment. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, Including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential door area of the main structure or structures on the site. Major arcades. Private clubs and CIVIC, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Public and private Schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreatbnal facilities. Public transportation lemmata. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention IaciiBss. Section 12. Article t2-78, Commercial Core 1 District, of the Vail Town Coda is hereby amended as follows: 12-78-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a ainlchlre: 1. Retail stores and establishments, including the following: THE VAIL DAILY p 970.949.0555 11 vaildaily.com Saturday, July 5, 2008 ; C45 Apparel stores. Art supply stores and galleries. Banks and financial institutions. Bakeries and confectioneries. Eating and drinking establishments, including the following: re Bookstos' Bakeries and delicatessens with food service. ' Camera stores and photographic studios CCocktail lounges and bars. ottee shops. Candy stores. Chinaware and glassware stores. Fountains and sandwich shops. Delicatessens and specialty food stores. Drugstores. - Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Florists. Personal services and repair shops, inoludin the following: g Gib shops. Beauty and barber shops. Hobby stores. Business and office services. Jewelry stores. Cleaning and laundry pickup agendas without bulk cleaning or dyeing. Leather ostores. Laundromats. Luggage stores. s Small appliance repair shops, excluding furniture repair. Music and anm stores. Tailors and dressmakers. ' Neand tobacco stores. Travel and ficket agencies. Sporting goods ods stores. Professional offices, business offices, and studios. Stationery stores. Retail stores and establishments without limit as to floor area including the following: Toy stores. Apparel stores. Travel and ticket agencies. Art supply stores and galleries. Variety stares. - Bakeries and confectioneries, Including preparation of products for sale on the remises. P P Yardage and dry goods stores. 2. Eating and drinking establishments, including the following: Bookstores. Building materials stores without outdoor storage. Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the Camera stores end photographic atutlios. Candy stores. premises. Cocktail lounges and bars. Chinaware and glassware stores. Coffee shops. Delicatessens and specialty food stores. Fountains and sandwich shops. Department and general merchandise stores. Restaurants. Drugstores. Electronics sales and repair shops. 3. Lodges. Florists. 4. Employee Housing Units, as further regulated by chapter 13 of this title. Food stores. 5. Additional uses determined to be similar to permitted uses described in subsections Bl and B2 of this section, In Furniture stores. accordance with the provisions of section 12-3-4 of this fills so long as they do not encourage vehicular traffic. Gift shops. e. - Automated Teller Machines (ATMs) exterior to a building. Hardware stores. Hobby stores. 12-7B-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: Household appliance stores. B. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional Jewelry stores. use permit In accordance with the provisions of chapter 16 of this Wle: Leather goods stores. Dogkennels. Liquor stores. Electronics sales and repair shops. Luggage stores. Household appliance stores. Music and record stores. Liquor stores. Newsstands and tobacco stores. Luggage stores. Pet shops. Meeting rooms. Photographic studios. Outdoor patios. Radio and television broadcasting studios. Theaters. Sporting goods stores. Stationery stores. ' Supermarkets. 12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: Toy stores. ' 8.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the Varity stores. : issuance of a conditional use permit In accordance with the provisions of chapter 16 of this title. A P D D try permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses In accordance with the revisions of use permit.D Such uses may Include: section 12-7E-2 of this article. Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows: 12-71D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Communications antennae and appurtenant equipment. Eating and drinking establishments, Including the following: Cocktail lounges and bars. Cottee shops. Fountain and sandwich shops. - Restaurants. Emptoyee Housing Units, as further regulated by chapter 13 of this tire. Health clubs. Personal services and repair shops, Including Me following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Shoe repair. Small appliance repair strops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retah stores and establishments without limit as to floor area Including the following: Apparel stores. Art supply stores and galleries. Auto pans stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Building materials stoma without outdoor storage. Camera stores and photographic studios. cantyseores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales end repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores Photographic studies. Radio and television broadcasting studies. Sporting goods stores. Stationery stores Supermarkets. Toy stores, Variety stores. Yardage and dry goods.atoms. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section, s 12-7D-2: CONDITIONAL USES: - The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this tile: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycere center. Commercial laundry and cleaning services, bulk plant. Commerdal storage. Dog kennels. Drive -up facilities. Major arcades. Massage parlors. Outside car wash. Petshops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, reefing rooms, and convention facilities. 7rerreportatlon businesses. Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows: 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Automated Teller Machine (ATMs) exterior to a building. 12-7E4: CONDITIONAL USES: The following conditional Was shall be permitted In the CSC district, subject to issuance of a conditional use permit In accordance with the provisions of chapter 18 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bad and breakfasts as further regulated by section 12-14.18 of this titre. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Dog kennels. Major arcades. Multiple -family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private dubs. Private parking structures. Private unstructured parking. Public: buildings, grounds and facilities. Public: park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention fadlides. Section 15. Article 12-7F, Arterial Business District, of the Veil Town Code Is hereby amended as follows: 12-7F-3: PERMITTED USES The following uses shall be permitted in the arterial business dlsldcb Eating and drinking establishments, as follows, are permitted on the W. (street level: Cocktail lounges and bars. Coffee Mops, fountains, sandwich shops and restaurant. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and Mall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tellers and dressmakers. Travel and ticket agendas. Professional offices, business offices and studios. Radio and is evlslon broadceMng studios. Retail stores end establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and arc therefore permitted sit long as they do not exceed eight thousand (8,880) square heat In floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. - Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. 12-7F-4: CONDITIONAL USES: A. Enumerated: The following conditional uses shall be permitted In the arterial business district, subject to the issuance of a conditional use permit in accordance with the provislons of chapter 16 of this this: Any use permitted by section 12-7F-3 of this article, which is not conducted enfirey within a building. Bed and breakfasts a further provkfed by section 12-14-18 of this this. Brew pubs. Child daycare centers. Communications antennae and appurtenant equipment. Microbmwedes. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. E iplayee I local 9v U its, as luill a situlaled lb� chatiffer 13 of this title. Section 18. Article 12-7G, Heavy Service District, of the Veil Town Code is hereby amended as follows: 12-7G-5: CONDITIONAL USES: The following conditional uses Mall be permitted, subject to Issuance of a conditional use permit In accordance with the provisions of chapter 16 of this title: Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices. Commercial laundry and cleaning service.. Communications antennas and appurtenant equipment. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet Mops. C46 if Saturday, July 5, 2008 THE VAIL DAILY it 970.949.0555 q vaildaily.com T f ' 'd tl I dos II' WO- amly rest an a e Ing unds. .L Accessory uses customarily incidental and accessory to the conditional uses set out In this section and necessary for the Ski base oriented uses Including the following: operetlon thereof. Commercial ski storage on the basement or garden level of a building. Additional commercial services determined to be similar to the conditional uses set out In this section in accordance with the Retail stores and establishments. provisions of section 12-3-4 of this title. Ski lifts and tows. Ski patrol facilities. Secli9➢_17. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows: Ski racing facilities. Ski school facilities. 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): Ski trails. Skier and guest services Including, but not limited to, uses such as basket rental, lockers, ski repair, ski rental, lift The following conditional uses shall be permitted, subject to Issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Brewpubs. Coin operated laundries. Commercial storage. Communicetlons antennas end eppurtenam equipment. Private outdoor recreation facilities, as a primary me. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or structures utilized for mom than fourteen (14) days. Single-family residential dwellings. Ski lifts and tows. Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this the. Section 18. Article 12-71, Uonahead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows: 12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Automotive service stations. Bed and breakfasts as further regulated by section 12.14-18 of this title. Brew pubs. Child daycare centers. Commercial storage. Communications antennas and appurtenant equipment. Laundromats. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Publicparks and recreation facilities. Public utility andpublic service uses. Ski lifts and taws. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of • section 12-3-4 of this title. Section i$. Article 12 -BA, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows: 12 -BA -2: PERMITTED USES: The follcWng uses shall be permitted in the A district: Plant and tree nurseries and raising of held, row and tree crops. Public perks, passive and active recreation areas, and open spaces. Single-family residential dwellings. Employee Housing Units, as further regulated by chapter 13 of this title. 12 -BA -3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to Issuance of a conditional use permit In accordance with the Provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more thantwo hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeterles. Communications antennas and appurtenant equipment. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious Institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski rifts and tows. Heuel by ehapter 18 of this I tie. Section 224. Article 12-89, Outdoor Recreation District, of the Vail Town Code is hereby amended as follows: 12-88-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit In accordance with the provisions of chapter 16 of this title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, dosage buildings. and similar uses. Cemeteries. Equestrian trails. used only to access national forest system lands. Communications antennas and appurtenant equipment. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and public service uses. Seasonal use or structure. Sb Iffte, tows and runs. -� Well water treatment facilities. Section 21. Article 12-80, Ski Base Recreation District, of the Veil Town Code is hereby amended as follows: 12-813-2: PERMITTED USES: F. Employee Housing Units, as further regulated by Chapter 13 of thla Title. 12-813-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the Issuance of a conditional use pemrit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Communications antennas and appurtenant equipment. Food and beverage cart vending. Public, private or quasi -public clubs. Recreation room/minor arcade. .- Redevelopment of public parks, playgrounds. Fledvelopment of ski lifts and tows. k Retlevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities., Seasonal structures to accommodate athletic, cuftuml, or educationgc8amiles. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. Section 22. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows: k 12-8E4 PERMITTED USES: A: The following uses shall be permitted within the ski base/recreation 2 district: Eating and drinking establishments Including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for seta on the premises. Cocktail lounges and here. _ Coffee shop. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by Chapter 13 of this Title. Lodges. PrWate, or public oft street loading facilities. Private ar public oft street vehicle parking structures. Public parks and outdoor recreation facilltles. ' Residential uses Including the following: Accommodation units. Muni -family residential dwelling units. - Single-family residential dwelling units. ticket sales, public restrooms, InfonnatlonlactivBy desk. Snowmaking facilities. Special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated Improvementa/rachiffes, subject to the Issuance of a special events license. 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski basemecreation 2 district, subject to the Issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Communications antennas and appurtenant equipment. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public lrtllity and public service uses. lby G'aplor 18 a# 0 Is Title. Additional uses determined tobe similar to condXlonal or permitted uses described In this chapter, in accordance with the provisions of section 12-3-4 of this title. Section 23. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows: 12-9B-2: PERMITTED USES: The following uses shall be permitted in the P district: Private or public unstructured oft street vehicle parking. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-9B-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to Issuance of a conditional use permit in accordance with the provisions of chapter 16 of this this: Communications antennas and appurtenant equipment. Major arrades. Parks and recreational facilities. Private or public oft street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a temporary construction staging site" shall mean a she on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. 12-95-5: DEVELOPMENT STANDARDS: Development standards In each of the following categories shall be as prescribed by the Planning and Environmental Commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. She coverage. 6. Landscaping and site development. 7. Parking and loading. Section 24. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows: 12-gC-2: PERMITTED USES: The following uses shall be permitted in the GU district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space 12-9C-3: CONDITIONAL USES: A. Generally: The following conditional uses shall be I)ermifted In the GU district. subject to Issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. . Goff courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant antl tree nurseries, and associated atruLYures, excluding the sale of trees w other nursery preAwM, gown. produced or made on the P' in ea. Public and private parks and active outdxr mcrestion areas, facilities and uses. _ Public and private schools. Public and quasi -public Indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstnxlured perking. Public utility and public service uses. Religious institutions. Seasonal structures or was to accommodate educational, recreational or eulturel activities. Ski lifts, tows and runs. Water and sewage treatment plants Section 25. Section 12-134, Employee Housing, of the Vail Town Code is hereby amended as follows: 12-134: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU ZoniSloe Permitter by ng�ht a -lDwne Transference « AGRFA I Additional / Coverage uced Lends pe Area Credft/StoGaramge Requirement Perking MimmunV GRFA u an EHU �s� Type I Permhled0— The EHU The EHU Is Site Allowetl 300 Per Chapter WA The EHU b Primary/Secondary may be sold entitled to Coverage: sq. ft. of 12-10 tie a allowed u Resloenhal, or transferred an additional The she le garage area dwelling oris. a eel:ond Two -Family separately. 550 m, entitled to per enclosed unit on the Residential X. GRFA _ an additional vehicle space property. (only on lots less deduction. 5% of site at a maximum than 14,000 sq, ft. coverage for of 2 parking in size) the EHU. spaces (600 m, ft.). Landscape All units not Area: constructed The she Is with a garage entitled to a shalt be eduction of required a landscape minimum area by 5% 75 sq. ft. of (reduced to storage area 55% of she In addition to are.) for the normal closet EHU. space. This ' 75 sq. ft. shall be a credit for store .1 v. Type II Pemnhed-Use, The EHU shall The EHU is WA Allowed Per Chapter 300 sq. ft. The EHU is Single -Family not -be sold entitled to 300 sq. X. 12-10 as a min. and allowed as a Residential, Two- or transferred an additional of additional dwelling unit. 1,200 aq. X. third unit on Family Residential, separately550 sq. garage area melt. property. Primary/Secondary from the unit h ft. GRFA for the EHU. Residential is associated with. deduction. All units not constructed r.yM, wish a garage Agriculture 6 Open shall be space requireda mimum 75 sq. ft. of storage area in addit n to normal closet .Pace. This 75 sq. X. shall I. a cretlll /or store on THE VAIL DAILY p 970.949.0555 II vaildaily.com Saturday, July 5, 2008 ii C47 EHU Zoning districts Permed by right" syenndMlerallrae Traann'shusance Additional G FA 1 Add)tronel Gare Regi iromege Requirement Parking Minimum/ GRFA of_ EHU Density EHU Zoning disiricis permed by right x Ownership/ Additional Slte Garage C.111Storage Parking Minimum✓ Maximu GRFA Density (Inchlonary Eyeenddenel-ax arae Is excluded Reduced Landscape Requirement . d an EHU Is excluded Zoning Multiple Family, or transferred from the Area dwelling unit Inclusionary from the Type III Pemmnedf-W— Housing The EHU The EHU WA WA Per Chapter Dwelling The EHU ung) Uonshead Mixed may be sold is excluded 12-10 as a unit: 18 excluded Use Lionshead 1 or Mixed separately. transferred Ir«n the calculation of dwelling ung. 300 sq. m. min. and from the calmlatim of Use 2 Ircluslonsry GRFA. Inclusionary 1,200 sq. ti. density. f>«+rMbmelihe' Commercial CCorere 1, Zoning Linkaga. max. Dormitory Residential Cluster employee ung: Low Density housing 200 )qA. Multiple -Family mitigation min. for Metlium Density requirement. each person Multiple -Family occupying High Density the EHU. MultiplaFamily Lbnsh-c! Mixed Public Use 1, Lionshead - Accommodation Mixed Use 2, Ski Public Sase/Recreation, Accommodation 2 " Commercial Core 1 Commercial Core 2 Commercial Core 3 Commerclei Service Center Arterial Buell a Parking District General Use Heavy Service - Ski Base/Recreation Ski Bele/ Recreation 2 Special Development District Type IV y dwelling unit UWA WA WA Per Chapter WA The EHU aybedesignated beado 12.10 as IMaled as tl deed restricted rar,sfarr" dwelling unit. density. TypoIVEHU, rE arately. r as alreadyignated aeanU. Type IVCL PerrrmeeUee- The EMU WA WA WA Per Chapter Per Chapter The EHU Is (Commerdel Any dwelling unN maybe sold 12-10 as 8 12-23, calculated as Unkega may be designated «irenahmad tlwelling uMt. CommercW density. miggatlon and deed restricted separately. Unkage ung) as a Type IV -CL EHU, unless already The EHU shall be linked designated as an to a specific EHU. Coni—d l Unkage employs housing nrlfigetion uiremem. Type N-IZ Permia xl-U The EHU WA WA 41A Per Chapter Per Chapter The EHUIS (Irhdusbnery Any dwelling ung may be add 12-10 u e 12-24, eaaualed as Zoning may be designated «wamfewed tlweldng unit. Indlrbnary density. mitigation and deed m.1noed separately. - Zoning um) as a Type IV-IZ The EHU EHU,"unties already shat be Iinked designated m an to a specific EHU. Induelonary Zoning employee housing mitigation requirement. type V Pem�Ned-ciao- The EHU shell WA WA WA Per Chapter p. it. The EHU is HIIWde RsskWdW not be Sold or transferred 12-10 as a dwelling unit. max. max slowed as a second eeParetely ung W ted from me unit ft Poll la associated wim. Type VI 6endlNaalUse! Ae governed As As As ratermaed P«Chapter As AS H«Wrg by aro daterr d determined by ma PEC. 12-10 as a dwarfing unit deamarh.a by as PEC. deterrdnsd by me PEC. ,o t -os a ant Plan. by as PEC. by the PEC. or s parking Shall not be subdivided or parArticle 21 Hou sing arty for of ash ante ehere, Interval hip, or tractional fee unit. Type VIICL MrrruNteeUar. TM EHU The EHU WA - WA Per Chapter Par Chapter The EHU (Corrxrrerdal High Density they b.= b exdueed 12.10 ase 12-23, a excluded Unksgs Muslple Family, or irarwarted Irani the dweldng unit ora padding Cammerdel Unkage Inxn me calculation d 'ld" Housing separately. EHU calculation of GRFA. managernam densly. urdl) Public Accommodation, The shag be linked pan per Public a e specific Chapter 12.23, Accommodation 2, Commercial Commercial Commercial Core 1. Unkage Unitage Commercial Core 2, employee C—==Core hoousing 3, Camra .W mitigation " Service Cemx, requlamem Amulet Bust—, General Use, Uon~ Mixed Use 1, Un, Mixed Use 2, Ski BasNRecreaaon, Ski S-1111mrea0on 2, Parking District, sd Special Dwelopmem Datrldn EHU Zoning districts Permed by right" syenndMlerallrae Traann'shusance Additional G FA 1 Additional Site / Redefucced landscape Area Gare Regi iromege Requirement Parking Minimum/ GRFA of_ EHU Density TyPeVII-IZ PemmMed-Usr. The EHU The EHU WA WA Par Chapter Par Chapter The EHU (Inchlonary High Density may be sold Is excluded 12-10... 12-24, Is excluded Zoning Multiple Family, or transferred from the dwelling unit Inclusionary from the mitigation Housing separately' calculaaon of or a parking Zoning caiculalionof ung) District, Public The EHU GRFA, management density. Accommodation, - Public shell be linked to a specific plan per Chapter 12-24, Accommodation 21 Ircluslonsry Inclusionary Commercial CCorere 1, Zoning Linkaga. Commercial Ce 2, employee Commercial Core housing 3, Commercial mitigation Service Center, requirement. Arterial Business, General Use, Lbnsh-c! Mixed Use 1, Lionshead - Mixed Use 2, Ski Sase/Recreation, Ski Besa/Recreation 2, Parking District, and Special Development District. Section 28. Chapter 12-16, Conditional Use Peril, of the Vail Town Code is hereby amended as follows: - 12-16-8: PERMIT APPROVAL AND EFFECT: - Approval of a conditional use permit, or an amendment to an existing conditional use Permit, shall lapse and become void If a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void g the use for which the approval has been granted is discontinued for a period of two (2) years, regardless of any Intent to resume operation of the use. Section 27 Chapter 12-16, Condtional Use Permit, of the Vail Town Code Is hereby emended as follows: 12.16.10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendmards to an existing conditional use permit (Including, but not limited to, additions to buildings and structures semoelated with the use, Changes to the operatlon of the u is, changes to the previous condittens of approval, ate.) If the Administrator, derermines the amendment means the following criteria: a. The amendment Is In accordance with all applicable slsnwnts of the Vail Town Cods and the Vail Comprehensive Plan; and, b. The amendment does not significantly alter the bale character or Intent of the original conditional use permit; and, e. TM amendment will not sdvausul afted the public health, witty, and welters. 2. All amendments to an existing condhlonal bas permit not meetingthe above Itched crlterle, as determined by the - Administrator, shall be reviewed by the Planning and Emrlromnemal Commisalon In accordance with the procedurea4r_ deaerilsed In Section 12.16-5 of this chapter. Secticil Chapter 14-10, Design Review Standards and Guidelines, ofthe Vail Town Code Is hereby amended as follows: 14-10-12: Communications antennas and appurtenant squlpment: Communications antennas and any associated appurtenant equipment should beIntegrated Into existing principle buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall she Malign quality. ; . If any part, section, subsection, sentence, clause or phrase of this ordinance Is for any maw held to be awalld, such decision shell not effect ted validity of the remaining portions of this ordinance: and the Town Counccli hereby declares ft would he" passed this ordnance, and each part, section, subsection, sentence, clause or Pho se "fact, regardless Of the tad that any one or mora para, sectiones. subsections, sentences, clauses or phrases be declared Invoild. SectioL30. The Town Council hereby finds, deterines and d -W" that mile ordnance Is necessary and proper for the health, safety and wefiare of the Town of Vag and! he inhabitants thereof. . Section 31. The amendment of any provision of the Town Cede as provided in this onflnancs shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hexed, any prosecution commenced, nor any other action «proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordnance previously repealed or superseded unless expreesiy stated herein. Section 32. All bylaws, orders, resolutions and ordinances, or parte 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 pan thereof, theretofore repealed. " INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED (NICE IN FULL ON Flit O..r- READING this 1^ day of July, 2009 ands public hearing for second rearing of Oils Ordmrra set ler the 15e My of July, 2008. hlthe Council Chambers of the Vail Municipal Sulking, Veil, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clark Published In the Vail Daly, July 5, 2006.' -r_- There's There's a better way. Realtors and newspaper classifieds are the first sources people tum to when they're looking for real estate information. So doesn't it just make sense to sell your home through a Realtor who uses the newspaper classifieds? With one quick call, your Realtor can sell thousands of buyers all the special things about your home. And the newspaper reaches them when they're actually looking for a house to buy - not just when ley happen to pass by a particular elephone pole. Plus, the newspaper proves itself every day. It works. In fact, more than half of homebuyers say they don't just read classified real estate ads: they actually act on them. So, highlight your home in the medium that gets homebuyers moving. Open doors with the C'10ds' I acknowledge the accuracy of the July 5, 2008 publication of Ordinance No. 12, Series of 2008. - L' pv--- +,:I & ,' Matt Mire, To n ttorney Warren Campbell, Chief of Planning C44 Saturday, July 5, 2008 Vail Town Council Attachment A ORDINANCE NO. 12 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 12-6E, RESIDENTIAL CLUSTER DEVELOPMENT; 12-6F, LOW DENSITY MULTIPLE -FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE - FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE -FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-713, COMMERCIAL CORE 1; 12-7D, COMMERCIAL CORE 3; 12-7E, COMMERCIAL SERVICE CENTER DISTRICT; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-8A, AGRICULTURE AND OPEN SPACE DISTRICT; 12-8D, SKI BASE RECREATION DISTRICT; 12-8E, SKI BASE RECREATION DISTRICT 2; 12-9B, PARKING DISTRICT; 12-9C, GENERAL USES DISTRICT; CHAPTER 12-13, EMPLOYEE HOUSING; AND CHAPTER 12-16, CONDITIONAL USE PERMIT, VAIL TOWN CODE, TO ALLOW CERTAIN CONDITIONAL USES AS PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT AMENDMENT PROCEEDURES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on June 23, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a mannerthat conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated June 23, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE Town Council of the TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2, Definitions, Vail Town Code is hereby established as follows (text to be deleted is in strrkeHrrevglr, text that is to be added is bold. Sections of text that are not amended have been omitted): PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted from the definition of "structure" elsewhere in this title, which is reasonably necessary to facilitate adequate public utilities and public services. Public utilities and public services shall include, but not be limited to, distribution, collection, communication, supply or disposal systems for gas, electricity, water, wastewater, storm water, telecommunications, irrigation, solid waste, recycling, and other similar public utilities and public services. For the purposes of this title, public utility and public service uses shall not include public transportation facilities, sewage or wastewater treatment facilities, sanitary landfills, salvage yards, storage yards, Of business offices, or communications antennas and appurtenant equipment. USE, ACCESSORY: A use or activity that is subordinate and incidental to a permitted or conditional use USE, CONDITIONAL: A use or activity with unique or special characteristics that requires additional review to ensure they are located properly with respect to the objectives of the Zoning Regulations, and to ensure their compatibility with other surrounding uses and the town at large. Due to their unique characteristics and the potential for impacts to adjacent uses, conditional uses are often allowed subject to specific limitations and conditions. USE, PERMITTED: A principle use or activity allowed by right within a zone district. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows 12-6A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Equestrian facilities located on five (5) acre minimum lot size area on property bordering public land. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Section 3. Article 12-66, Single -Family Residential District, of the Vail Town Code is hereby amended as follows: 12-613-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 4. Article 12-6C, Two -Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows: 12-6C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the R district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 5. Article 12-6D, Two -Family Residential District, of the Vail Town Code is hereby amended as follows: 12-6D-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows: 12-6E-2: PERMITTED USES: 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. THE VAIL DAILY i 970.949.0555 ,i vaildaily.com Ski lifts and tows.Employee 1 laus ng Un Is, as further regulated by GhapteF 13 of th s Title - Section 7. Article 12-6F, Low Density Multiple -Family District, of the Vail Town Code is hereby amended as follows: 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Employee 1 lousing Units, as furthei fegulated by chapter 13 of this t tle. Section 8. Article 12-6G, Medium Density Multiple -Family District, of the Vail Town Code is hereby amended as follow,- 12-6G-3: ollow: 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. as further regulated by chapter 13 of th s title- Section_9.. Article 12-6H, High Density Multiple -Family District, of the Vail Town Code is hereby amended as follows: 12-6H-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. Employee 1 lou4ng Un Is, as further regulated by chapter 13 of this t tle Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows: 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and S. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. Employee I laus ng Un ts, as furthef fegulated by chapter 13 of this title-. Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows: 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Employee Housing Units, as further regulated by chapter 13 of this title. Automated Teller Machines (ATMs) exterior to a building. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. _ Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. Employee I lous ng Un ts, as further Fegulated by chapter 13 of this We-. Section 12. Article 12-713, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows: 12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 1. Retail stores and establishments, including the following: THE VAIL DAILY ,, 970.949.0555 vaildailvxom Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstores. Florists. Gift shops. Hobby stores. Jewelry stores. Leather goods stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery stores. Toy stores. Travel and ticket agencies. Variety stores. Yardage and dry goods stores. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. 3. Lodges. 4. Employee Housing Units, as further regulated by chapter 13 of this title. 5. Additional uses determined to be similar to permitted uses described in subsections 61 and B2 of this section, in accordance with the provisions of section 12-3-4 of this title so long as they do not encourage vehicular traffic. 6. Automated Teller Machines (ATMs) exterior to a building. 12-7B-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: B. Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. E-m¢byee-HetsingUnits, as further !3-of4hrs-title 12-7B-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: B.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: 8Employee -Housing-Uniis, as furthrer-fegu4ated by chapter 13 of this title. Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows: 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Communications antennas and appurtenant equipment. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive -up facilities. Major arcades. Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. Employee 1 Ious ng Units, as further regulated by Chapter 13 of this Title. Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows: 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Automated Teller Machines (ATMs) exterior to a building. 5,2008 C45 Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, including the following: Beauty and barbershops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Dog kennels. Major arcades. Multiple -family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Employee -1 ousing{inita-,title Section 15. Article 12-71', Arterial Business District, of the Vail Town Code is hereby amended as follows: 12-7F-3: PERMITTED USES The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. _ Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. 12-7F-4: CONDITIONAL USES: A. Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Communications antennas and appurtenant equipment. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Employee 1 lous ng Units, as further Fegulated by chapter 13 of this title. Section 16. Article 12-7G, Heavy Service District, of the Vail Town Code is hereby amended as follows: 12-7G-5: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. C46 Saturday, July 5, 2008 Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-71-1, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows: 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Brewpubs. Coin operated laundries. Commercial storage. Communications antennas and appurtenant equipment. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or structures utilized for more than fourteen If 4) days. Single-family residential dwellings. Ski lifts and tows. Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of `+ section 12-3-4 of this title. Section 18. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows: 12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING) The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Automotive service stations. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare centers. Commercial storage. Communications antennas and appurtenant equipment. Laundromats. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public parks and recreation facilities. Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. Section 19. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows: 12-8A-2: PERMITTED USES: The following uses shall be permitted in the A district: Plant and tree nurseries and raising of field, row and tree crops. Public parks, passive and active recreation areas, and open spaces. Single-family residential dwellings. Employee Housing Units, as further regulated by chapter 13 of this title. 12-8A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Communications antennas and appurtenant equipment. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Employee--hapte.. Section 20. Article 12-8B, Outdoor Recreation District, of the Vail Town Code is hereby amended as follows: 12-8B-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access national forest system lands. Communications antennas and appurtenant equipment. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and public service uses. Seasonal use or structure. Ski lifts, tows and runs. Well water treatment facilities. THE VAIL DAILY 970.949.0555 vaildaily.com Two-family residential dwelling units. Ski base oriented uses including the following: Commercial ski storage on the basement or garden level of a building. Retail stores and establishments. Ski lifts and tows. Ski patrol facilities. Ski racing facilities. Ski school facilities. Ski trails. Skier and guest services including, but not limited to, uses such as basket rental, lockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity desk. Snowmaking facilities. Special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated improvements/facilities, subject to the issuance of a special events license. 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Communications antennas and appurtenant equipment. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Employee 1 lousing U Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. Section 23. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows: 12-9B-2: PERMITTED USES: The following uses shall be permitted in the P district: Private or public unstructured off street vehicle parking. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12.9B-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Communications antennas and appurtenant equipment. Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a `temporary construction staging site" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. Employee -Fleusing-U Title. 12-9B-5: DEVELOPMENT STANDARDS: Development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. Section 24. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows: 12-9C-2: PERMITTED USES: The following uses shall be permitted in the GU district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space 12-9C-3: CONDITIONAL USES: A. Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi -public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. util ties installat ons nclud ng transin ssion lines and appurtenant equilerrient. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Water and sewage treatment plants Section 21. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows: Section 25. Section 12-13-4, EmployeeHousing, of the Vail Town Code is hereby amended as follows: 12-8D-2: PERMITTED USES: F. Employee Housing Units, as further regulated by Chapter 13ofthis Title. 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Communications antennas and appurtenant equipment. Food and beverage cart vending. Public, private or quasi -public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. -;, Seasonal structures to accommodate athletic, cultural, or education4 activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. Section 22. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows 12-8E-2: PERMITTED USES: .A: The following uses shall be permitted within the ski base/recreation 2 district: Eating and drinking establishments including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. -i Restaurants. Employee Housing Units, as further regulated by Chapter 13 of this Title. Lodges. Private or public off street loading facilities. Private or public off street vehicle parking structures. Public parks and outdoor recreation facilities. Residential uses including the following: Accommodation units. Multi -family residential dwelling units. Single-family residential dwelling units. 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts permitted by right or byeenditional-use Transference AdditionalCReduced Additional Site Landscape Area Garage Credit/Storage Requirement Parking Minimum/ GRFA Maximum an EHU Density Type I Permitted Use! The EHU The EHU is Site Allowed 300 Per Chapter N/A The EHU is Primary/Secondary may be sold entitled to Coverage: sq. ft. of 12-10 as a allowed as Residential, or transferred an additional The site is garage area dwelling unit. a second Two -Family separately. 550 sq. entitled to per enclosed unit on the Residential ft. GRFA an additional vehicle space property. (only on lots less deduction. 5% of site at a maximum than 14,000 sq. ft. coverage for of 2 parking in size) the EHU. spaces (600 sq. ft.). Landscape All units not Area: constructed The site is with a garage entitled to a shall be reduction of required a landscape minimum area by 5% 75 sq. ft. of (reduced to storage area 55% of site in addition to " area) for the normal closet EHU. space. This 75 sq, ft. shall be a credit for storage only. Type II PermiRed-Use: The EHU shall The EHU is N/A Allowed Per Chapter 300 sq. ft. The EHU is Single -Family not be sold entitled to 300 sq. ft. 12-10 as a min. and allowed as a Residential, Two- or transferred an additional of additional dwelling unit. 1,200 sq. ft. third unit on Family Residential, separately 550 sq. garage area max. property. Primary/Secondary from the unit it ft. GRFA for the EHU. Residential is associated deduction. All units not with. constructed 6andiEienaFUse: with a garage Agriculture 8 Open shall be Space required a minimum 75 sq. ft. of storage area in addition to normal closet space. This 75 sq. ft. shall be a credit for stora a onl . THE VAIL DAILY 970.949.0555 vaildaily.com Saturday, July 5, 2008 C47 EHU Zoning districts permitted by right er by Ownership/ Transference Additional GRFA Additional Garage Credit/Storage Requirement Parking Minimum/ Maximum GRFA of an EHU Density TypeVll-IZ Zoning districts Ownership/ Additional Site Coverage Garage Per Chapter Minimum/ Maximum The EHU EHU permitted by right er Transference GRFA /Reduced Credit/Storage Parking GRFA of an Density Zoning by-eondrtienal-use or transferred from the Landscape Requirement dwelling unit EHU from the mitigation Housing separately, calculation of Area or a parking Zoning calculation of Type III Perm tted Use!The EHU The EHU N/A N/A Per Chapter Dwelling The EHU Lionshead Mixed may be sold is excluded 12-10 as a unit: is excluded Use 1 or transferred from the dwelling unit. 300 sq. ft from the Lionshead Mixed separately. calculation of Inclusionary min. and calculation of Use 2 Zoning GRFA. Linkage. 1,200 sq. ft. max. density. Conditions' Use; employee Dormitory Residential Cluster housing unit: Low Density mitigation 200 sq. M. Multiple -Family requirement. min. for Medium Density each person Multiple -Family occupying High Density the EHU. Multiple -Family Public Accommodation Public Accommodation 2 Commercial Core 1 Commercial Core 2 Commercial Core 3 Commercial Service Center Arterial Business Parking District General Use Heavy Service Ski Base/Recreation Ski Base/ Recreation 2 Special Development District Type IV Any dwelling unit The EHU N/A N/A N/A Per Chapter N/A The EHU is may be designated may be sold 12-10 as a calculated as and deed restricted or transferred dwelling unit. density. as a Type IV EHU, separately. unless already designated as an EHU. Type IV -CL ^,--ermitteeUse The EHU N/A N/A N/A Per Chapter Per Chapter The EHU is (Commercial Any dwelling unit may be sold 12-10 as a 12-23, calculated as Linkage may be designated or transferred dwelling unit. Commercial density. mitigation and deed restricted separately. Linkage unit) as a Type IV -CL The EHU EHU, unless already shall be linked designated as an to a specific EHU. Commercial Linkage employee housing mitigation requirement. Type IV-IZ Perm tied Use!The EHU N/A N/A N/A Per Chapter Per Chapter The EHU is (Inclusionary Any dwelling unit may be sold 12-10 as a 12-24, calculated as Zoning may be designated or transferred dwelling unit. Inclusionary, density. mitigation and deed restricted separately. Zoning unit) as a Type IV-IZ The EHU EHU, unless already shall be linked designated as an to a specific EHU. Inclusionary Zoning employee housing mitigation requirement. Type V Permitted -Use! The EHU shall N/A N/A N/A Per Chapter 1,200 sq. ft. The EHU is Hillside Residential not be sold 12-10 as a max. allowed as or transferred dwelling unit. a second separately unit on the from the unit it property. is associated with. Type VI Gendil one! Use: As governed As As As determined Per Chapter As As Housing by the determined determined by the PEC. 12-10 as a determined determined management by the PEC. by the PEC. dwelling unit by the PEC. by the PEC. plan. or a parking Shall not be management subdivided or plan per Article divided into 12-61, Housing any form of District time share, interval ownership, or fractional fee unit. Type VII -CL Perm tteo-ose The EHU The EHU N/A N/A Per Chapter Per Chapter The EHU (Commercial High Density may be sold is excluded 12-10 as a 12-23, is excluded Linkage Multiple Family, or transferred from the dwelling unit Commercial from the mitigation Housing separately. calculation of or a parking Linkage calculation of unit) District, Public The EHU GRFA. management density. Accommodation, shall be linked plan per Public to a specific Chapter 12-23, Accommodation 2, Commercial Commercial Commercial Core 1, Linkage Linkage Commercial Core 2, employee Commercial Core housing 3, Commercial mitigation Service Center, requirement. Arterial Business, General Use, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base/Recreation, - Ski Base/Recreation 2, Parking District, and Special Development Districts Saturday, July 5, 2008 C47 EHU Zoning districts permitted by right er by Ownership/ Transference Additional GRFA Additional Site Coverage /Reduced Landscape Area Garage Credit/Storage Requirement Parking Minimum/ Maximum GRFA of an EHU Density TypeVll-IZ P---�,..nt.ed Use The EHU The EHU N/A N/A Per Chapter Per Chapter The EHU (Inclusionary High Density may be sold is excluded 12-10 as a 12-24, is excluded Zoning Multiple Family, or transferred from the dwelling unit Inclusionary from the mitigation Housing separately, calculation of or a parking Zoning calculation of unit) District, Public The EHU GRFA. management density. Accommodation, shall be linked plan per Public to a specific Chapter 12-24, Accommodation 2, Inclusionary Inclusionary Commercial Core 1, Zoning Linkage. Commercial Core 2, employee Commercial Core housing 3, Commercial mitigation Service Center, requirement. Arterial Business, General Use, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base/Recreation, Ski Base/Recreation 2, Parking District, and Special Development Districts Section 26. Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-8: PERMIT APPROVAL AND EFFECT: Approval of a conditional use permit, or an amendment to an existing conditional use permit, shall lapse and become void if a building permit is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void if the use for which the approval has been granted is discontinued for a period of two (2) years, regardless of any intent to resume operation of the use. Section 27 Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendments to an existing conditional use permit (including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the use, changes to the previous conditions of approval, etc.) if the Administrator determines the amendment meets the following criteria: a. The amendment is in accordance with all applicable elements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment does not significantly alter the basic character or intent of the original conditional use permit; and, c. The amendment will not adversely affect the public health, safety, and welfare. 2. All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commission in accordance with the procedures described in Section 12-16-5 of this chapter. Section 28. Chapter 14-10, Design Review Standards and Guidelines, of the Vail Town Code is hereby amended as follows: 14-10-12: Communications antennas and appurtenant equipment: Communications antennas and any associated appurtenant equipment should be integrated into existing principle buildings and structures. All antennas and appurtenant equipment shall be located and screened so as not to detract from the overall site design quality. Section 29. 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 30. 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 31. 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 32. 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 11 day of July, 2008 and a public hearing for second reading of this Ordinance set for the 151" day of July, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Published in the Vail Daily, July 5, 2008. There's a better way. Realtors and newspaper classifieds are the first sources people turn to when they're looking for real estate information. So doesn't it just make sense to sell your home through a Realtor who uses the newspaper classifieds? With one quick call, your Realtor can sell thousands of buyers all the special things about your home. And the newspaper reaches them when they're actually looking for a house to buy - not just when iey happen to pass by a particular elephone pole. Plus, the newspaper proves itself every day. It works. In fact, more than half of homebuyers say they don't just read classified real estate ads: they actually act on them. So, highlight your home in the medium that gets homebuyers moving. Open doors with the Classifieds. 'Source: MORI study conducted for the Newspaper Association of America 2342 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/19/2008 and that the last publication of said notice was in the issue of said newspaper dated 7/19/2008. In witness whereof s here unto set my hand this 25th day of July, 2008 Publisher/Ge r l-Mana r/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 1St day of July 25th , 2008. Pamela Joan Schul Notary Public My Commission expires: November 1, 2011 a v ' O O P1, TlYc QQ' o J�.Oy� iiV C/�• B38 2008 ORDINANCE NO. 12 SERIES 2008 All ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 1241. RESIDENTIAL CLUSTER DEVELOPMENT; 124F, LOW DENSITY MULTIPLE -FAMILY DISTRICT; 1240, MEDIUM DENSITY MULTIPLE -FAMILY DISTRICT; 12411, 41GNDENSITY MULTIPLE -FAMILY DISTRICT: 1241, HOUSING DISTRICT; 12.7A. PUBLIC ACCOMMODATION DISTRICT; t2.78 , COMMERCIAL CORE 1; 12.70, COMMERCIAL CORE 3; 127E, COMMERCIAL SERVICE CENTER DISTRICT; 12.7F, ARTERIAL BUSINESS DISTRICT; 124A, AGRICULTURE AND OPEN SPACE DISTRICT; 1240, SKI BASE RECREATION DISTRICT; 124E, SKI BASE RECREATION DISTRICT 2;1248, PARKING DISTRICT; 12 -SC, GENERAL USES DISTRICT; CHAPTER 12.13, EMPLOYEE HOUSING; AND CHAPTER 12-16, CONDITIONAL USE PERMIT, VAIL TOWN CODE. TO AL• LOW CERTAIN CONDTONAL USES AS PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT AMENDMENT PROCEEDUR ES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, an June 23, 2008, the Plendng and ErOO .how Commission of the Town of Vail held a public Maung and reviewed and forwai a recommendation of approval kr the proposed Mat amendoens s Me Zoning Regulations to the Vail TOwn Council a in accordance with me ocWures and contra and findings outlined in Chapter 12.3 0l Me Zoning Regulations o the TCwn d Vail: and. WHEREAS, the Toch CouMl most and dw.nom. that Me amendments am cenelswith the wtits applicable elememe of theadoptedW goals, objectNes and policies CutimeoOm 'm int Vail Cptahansiw Plan and ie Compatible with the development objectives ". dm Town, based upon Section Vl of tis SMH memommium to Me Planning and Erwrommentel Commiesion dartedJune 23, 2008, and Me evidence and Matlmony preened; and, m. Town Counts finds and detarines MM a Me mandro m. funder thegeneral and sp Otshe purposes of Me Zoning Posted upon Section VI of the Stsfl memo mane to the Planning and Emdommentei Commission dated June 23, 20011, M. and testimony presented; and - WHEREAS, tM.Town Candi BMs And Mtsmrines that In. amsndmaoe promote Me health, Safety, monis, and general welfare Of Me Town end poroM the coadthated and harmonious Cawlopmam d the Town In a manner that conserves and enhances ne oaWrel anvimnmenl and'ne established chamder as a neon and makemW community of the highest qualay, based upon Section VI Of the Stat memorandum deed June 23, 2008: and, WHEREAS, me Town Council once and WbrmiraM that the public health, so", and worse we be sernd by Mees adapting rogulatlons, based upon Section VI d as Start memorandum s the Planning and EnNranmeral Commission dated June 23.200S. nd aMe avidenc. and Mermo ry Presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Satig01. Section 12-2-2. DeOndions. Vail Town Code is hereby established as follows (ted to be poised is IrvMleMeugh: ted Mal is no be added Is bold. Sections of tsd that ane on amended hoe been On tted): PUBLIC UTILITY AND PUBLIC SERVICE USES: Any aducuro, nes ohanvles exempted from int dentition of YWaure' sleaamm; In Me tree, which b roa.aagN neosessr/ s facolWe adequate Public uslhiss and public amides Pubik utilities and public aervi- aa.inciu., but W be shad s, d$Wbulkn, Collection, Communication, supply o cieposel syatane fo pas, slaMciry, water, wesmoness,.0. wast, eNcommuniatbM, (rogation, sold wants, m ytag, and otter similar pudic dilates and public services. For int Wrobses of Me this, Public dglry and Public Service uses atoll not Include public treMpoMtion fecilMes, sewage or wM ata - water treabnatt faceless, ssn" IaM011., aelvage yams, ss cgs yards, Or buMsss odes. to oommumalioM.nlantra and pparaMm MN1psant. Is subadMe and b%4d.nW W e Permitted or-MkUonM use, IMONAL- A too Ce activity whin unique, Or species drdonsi they propsriy with respect b the abj _ a Ute Z_'M,, RputiMtlena, anOUM thatEouensuree Meir ampatldlity whit otllx I trees and int tawnn M tsrq. Oes ts LhM uoWs ehanobristies and int poendel for Imled. to ad].. uses, uses sm Often allowed sublet to apadDa IlmMtbM and conditions. PERMITTED: A principle into a acts ty allowed by right whhl. . acne dstrlCl. in 2. Article 12-6A, HIWde Roodarhiai DbckY, of M. Vul Town Cade M hereby amended a. follows: A3: CONDITIONAL USES: allowing ooMabtel Wes aa. Perri aubjed k ea- d. condit W Ws pare In armmeMe with, Me P-. aper 18ddr tie: andbmakfasb ssfuller n.gulat d by oder, 12.1418 of me bbi moniCstloM edema and pPu tan.m spuiPmeoL When fackroaa located ch eve (S) sen minimum Id size area on propend Portaging pudic land. cdaro old other similar conveyance. lachid da}pro fadlMes as funder regul8ted by.acdm 12.1412 of M4 Baa. to Wildhds. ground& and fads Ihy and Public sor0co uses. Ands 1248, SingWFamh Residenlw Dfai Of me vas Town COP. M hereby amended as lolkws: CONOfTIONAL USES: he consabMl uses shed be Permed. subject s ill_ Or a.ndroonal use Perone In aCoaderws with the Corrosions nIaOrthsoft: d..ldese as funder regusMtl by section 12.1418 Or mix tons. ikons antenna and appurtenant squipmem- F-tans and Other.Iri convoll- Homs OHIO cyan eceaee es lumler mpdared by a "Ch 12-14-12 of this tltla. Pudic and privae schools. Public buNdngs, grounds and Iecehies. Pudic c park arrecreation facilities.Public udiy and pubko servos Wes. Sid rob and IoM. 4, Adcia 1240. Two•FAmily Primary/SardMery ResldeMal DIMdm d ca Vail Town Cede Is hereby amended as fd- VAIL DAILY i, Home COM Pelham facilites as funder regulated by section 12-1412 d the title Pmae dubs. Public and phvate .Mole. Public building., grounds and faulhin. Public park and noreatlan Mciiaies. Public utility and public service uses. Ski lifts and town. _ ... . Arlitle 1240. Medium Density Mu,pW_F.mily Dirties, Of the Vwl Town COP. m hereby amerced as follows 12-10IG-3: CONDITIONAL USES: The following mind COW uses shall be permitted in the LDMF Codd, subject to lseuarce of a Conditional use permit In ahaeance wind the phwiucns of chapter 16 of this Who: Sed an tl deeMeste a srthen regulated by section 12-1418 0l this We. Communlutkne nMnM. and eppuMMrd aguilpmsol Dog kennels. Fumwlan and other similar 'C1 - Y --Home child day=* facil bas as funder regulated by section 12.1412 d mi. this. Pm ns dubs. Public and primum achoClo Public buildings, grounds and fndloars Public Pent and retroaction factories. Public utility and public cervi. ua.. SM has and tows. Employee Housing Unite, as further regulated by chapter 13 Of this title. Seamon9. AMC. 12311, High Deftly Multiple -Family District of Me Va TO" Code is hereby -ended as sllowe: 12.611-3: CONDITIONAL USES: The following Condit Me shoe be permitted In the HDMF district. subject s icausMe of a condroaMl use Peres In xcoMana went me prOwOons of chapter 16 of One tae: Bad and bomilosb as further regulated by sectkn 12.1418 a flys due. Dog larr . Funicular and other Sim let conveyances. Hone child Myeam sciess as fuller mgumai by anion 12.14-12 of I. title. Private dubs and civic, cu ural and hetemal ogaoiutlona. Pmml's parking stndturo. Prfvae unstructured parkhg. Public and Private schools. Public buildings. gruWs and lacilroes. Pudic part and mueeson facllai.s. Public parking smafems. Public "'a"i"atlon MrlMb. Pubik unstructured pooling. Public alley and public Se uses. us i ReligionstiluUMa. Sol lint and tow.. ,M.Mm units. Antlds 1Mi. Housing District. Of Me Veil Town Coe M hereby am.nded as follows 1241-2: PERMITTED USES: TM following uses pall be penMMd In Me H district: Bicycle and Fetleetren pati. Employes Ha&g Unit, as IuMer regu41W by Chiller 13 d the Tee. passions outdoor mcmaeon area, and open space. 1241.3: CONDITIONAL USES: The idlowing candmoal uses Shag be permed in tits H dlehkRied suk to soon. d e conditional use pernce Permit in accordawish ata PrmfobM a tluptar 16 of role tire: Commercial uses which are secondary and Incidental (a determined by the Planning and amironmemel canmlssion) k int use dpp hhousirg^e which specifically so fddwfrg useneeds may bebet albwW subject s a conditional use Pamor.1 M. residems; of the droosloomem, eras opW In conlunttan with Automated TNM' Machines (ATMs) sd.rior so . building. Bala and financial Institutions. S. otces and pmfe 91 Omas As snher mgulatW by section 12.16-T of MM tittle. Child cyan isolates. Eating and Closing establishments. Funiculars and 0"" similar cowyan_ Heald clubs. Persona sam-, including, but Mt limited W. leundronaq beauty and tamer shop., tailor shops, and similar.enioes. Foal Mons end asusta hmerM. Dwelling units (no amp ppm Musing una) subjet to M. blowing crfae, to be osuumed by ma Plsoning and snvo ormsntal cammiakn: A. Dw.fi g W ne ere createdaaeN forme Parposo d subsidizlnp empbye ftou.m9 on Me Propend. and B. Dwelling units am nor Me pmnary use of and property. Th. ORFS hx Owoe"vg anis she no exceedMIM Percent (30%) d ate tow GRFA cortNrueted on tlu prWsrlY. and C. Dwelling urea ere old/ cretW in mttudtlon with ampkryes WMpnq, and D. Dw ming ude she compos ts with rte proposal use Cod buildings on Ma Also end w ComPetlde wan buildings and uea on adjacent prwerMs O.W.n Psae.. Public vol prioee aChoolfL. Public buldmgs, grounds and sdllMs. Pudic P.nts and mI= htlibs.. PubW utllrosa inarallatbM Mtdudeg hanemiSsion lines and appulanam agulpmML E P, C3: CONDITIONAL USES: W_hg ooMalonal Wes also be Pemmla d d Me R dsMd subject to I..- d a a nsi ues Penne In aaadence wire Sscem 11. Article 12-7A. Pudic Acoarnmos8on OWWt, d the Voe Town CCM la Mreby, amarxtse a I awc mw!Cauddoper18dthistie; .,*= as shier mguer. by sedbn 121418 dmfs aa. and Coal simlar arwsy.ndss. deyars f&pN a As tudtsr rsgdaled by s.Nat 12-1412 of a,s res. PrMe.dnoda. . segs grounde and faWee.. and mcnatbn mostNMs V and public earn. Wes. I sM. Section S. Article 1240. Two-Farnhy RaMamW Deri Of tie Vail Town Code M hereby -ended V folkwa: 124'" CONDITIONAL USES: TM k lowing Wndfooal uses wWl W parmo, aucyM s iau.res of e coMaenal Use Pere In aCoomence wflh tlM ProvWone .pia 16 d this dol : andW br,soo As rn"rpdWt d by. kn 12-1418 d this title.aureagoM.neesna and apaatartard equlllnenl. regulated by a.caon 12-1412 of the ted. PWlkand phase addola PWeeWildnps, grounds and tscalllss. Pudic pent end recreation faclXss Public usury aro pudic vervfa uea. S'sft ad sws Article 124E, Rakeread Cluster 04010L Of lbs Vat Town Code I. Wetly amended a follows 1c-a: -uh rwawa- lg+neg.ndlaMl Wes %W bs Permed In Me PC distinct. suces, s seashored a conditional use Permit k acoorderlu tlls preulslon. d chapM 16 d thm a.: end IweMdae esf d regwMOby..0.121418dthistitle. nw Ochoa tssi nsmaudap ul eteMecoon tE-18.7A13 d as tl.. amMbaMM ara.nnrres.nld appurisrenl equywn.nL ' ksrsMls. r aronsr cmw'everibi fsclllsa as IuM.r regui by section 12.1 41 2 of the title. as krMa mounded by subsection 12.16.7A13 d Me title sada and IaoOMa. and recrsetlon WI se. and Cublk eemks uea. Article 124F, Low Deafly MWtips Funlly OIe1M, of int Vail Town Coda 4 hereby amended as klkwe 40MONAL USES: oondronrul Wes stun to permed In the LDMF d O. so_ s lasso. d acondoonil us era in accordance Mone of duper 16 Of this da: ,asps As fender ragdwo oy sspeon 12.1416 d the dee. 12-7A-2: PERMITTED USES: The, f.owug Wes slWl bs permed in tM PA rfli Lodges, including exaaory Ntlnq, drinking, Or rated establishments ktae0 wthth the principal ues and red occupying more Man tan PeMrm (10%) d me foul gross reside" floor Mea d me roam structure a structures on the W.; .1,00' ll --m dreg mea may P. dated on a outdoor Oak. Perch, Or terra.. Employee Housing Unit, As uncrn regulated by Papier 13 d me Us. Autanaled Tele. MIKMI- (ATMs) aledar se. bugdng• 12-7A-3: CONDITIONAL USES: TM follows gcaWtlOMI uea shall be periled In the PA datlioL subjocl to lsesome, d a crndroonai use, Permit in accordance, whh tha Prewkxs d dlepntr 18 d mi. title: Bad and bleadasb. a IuMer regutstad by sectlan 12.1418 Of this title. CommurriatloM anesnna and appuremeM.W ipneM- Fraccomol IM dub units a fuller regulated by subsection 12-16-7AS Of one No. HealMrsm facNtlr. L.goe, including accaesrr slog. tlrindr d a resit esbdenrttpb locatedwitldn the prirwipsi Use and -trying between am percem (10%) aro Mean PerOMt (1s%) d m. toed grog rasiUeMal moor eros d as mein Mn wM a amxtursa on maan.. Motor antsPea. Fmmm looms and cnAc, cultural and tmtamw orgariardi PMe. pan dug sbuctu are Preate uwV wrld pending Professional and bei_ arikes. Public and am""* schools. Pudic bulking., gran. and I9ollroes Pudic Ceding MnKtum. Public parks and scretknal facilities. Public transportation tamka a. - Pudk ulstudur d puking. Public uroay and Pudic service Wes. R.110 . smew- SId she And tows. Thastero and corvenWM feditla. Article 12-78, Comm.rhi Cone 1 Distri Of dla Vail Town Code Is hamby amnanded As loll - 12.733: PERMITTED AND CONDITIONAL USES: FIRST FLOOR OR STREET LEVEL S. Permed User Theklawig uese shall bepermaed oo Ua rend floor or dna oat wa,n a sWclum 1. Pool Mares and sMabashoale. inclWeg W lakrwng: Aa RIPeN Mores and gailores Beare. and cohl.cdeMhes. Booksto . Contains saes and photographic Muds. Curly sloes ' Ch havers and glssswus sense, D.Ikatessano and -Peon-ell food arrros. Dtupaores. Fsrsls. Gln shwa. Hobby star. Jewelry -Mr . 6saiMr goodsasres. THE VAIL DAILY II 970.949.0555 ;j vaildaily.com Saturday, July 19, 2008 L' B39 LA" atones. Professorial offices. business dikes, and studios Music entl record s101ea. Recess access and seesbkhments without limit a to floor ens including me following: Aldus atom. Newsid, and tobacco abroe. SPorXag good. saes. Stationery slots. Toy star«. Trava sib ttoset agencies. VaNty stores. Yardage and dry goods atom. 2. 6a g and drinking eaddo0—fits. IxWWng IN following: Bakud« and delksiwens wen food se vics, restrlatM to preparation of products paClXCsly for aaIs on the premum. Coolness dung. and ban. Co1M swag. FoMmm ands aandMclt Mops. R-- 3. Lodges 4. Employes Housing UM" , as further rpdado0 by W04M 13 at cob this. 5. Additional uses, determined to off smiler tag p.rmdbeds use describedam bed In beactioBi and S2 of this section, in accordance with Me previsons of section 12-34 of this title id long a they M not encourage vMkukn traffic. e. Automate Tell. kieehlnse (ATMs) Mannar to •building. 12.734: PERMITTED AND CONOmONAL USES; SECOND FLOOR: B. Cmd1donal Uses: The following us« arab be Permitted on second floore above finde, subledt to me Isauence of a oo.ldltloral was penia In accordenes whin the povlsom of chapter 13 of this title Dog kinase. Elscbonica rebs and repair.hops. Hadendd appliance ttor«. U'— era«. Mastlng rooms. Outdoor pato. Theaters. 12-78-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: B.Condidanal Less: The seM following uses MMI midM I M off on any floor above me second Noor above finds. roofed b the I-- of a cambona use Permit In accordance with Ma Provisions of chapter 18 of this ala. Any gemmed or cordbonal use which •Iimmans any etletlrg dweMng or aaommodaibn unit, or airy portion theml, sMll require a eabbma use permit. Such wee may Include: Ali Amkds 12.7D, COmmeM Core 3 DWriM d me VW Town CodsIs hereby amended «follows: 12-7D-1: PERMITTED USES: TN lobPe+eg uses Mal M Permitted! In IN commerdel con 3 dere t Aunmabtl Tskr MMMT— (ATMs) candor W a building. end B.M.BflnuoW Inamsado. Comknnkwon. errtanas and appurlMnnt •qulprmm. Elift and almkkg a doakhm , Including the following: oo Cks bung« anis bus. C.CNope. Folm . end sandwich shops. potassium— Employee Housing Unita, a further regulated by chapter 13 at this taco Penins arvbee arta rapid, shops, Including the folbwi g: Beady and mita, Mops. Butlne«.ntl dram servos Cleenkg ads laundry pick up agencies MOW bulk cleenng or dysln8. lauld"M Shu.aw- Slna appliance repair shops, seduag furniture repair. Table entl almemak•re. TMvs endficlW pend PtoheMmW ndoa business offices, entl . Rall ease eand rwithout IInd . to floor em including IN following: Appall - -An apply atom end liabilities. Auto pea atom. Bakarbe end—reactionaries. prepamon of Produces for sale m fie premien. Bookanr«. BablagIndent without outdoor sante. - . Cameo— ads phoapaphb sudlos. Cad/ .iotas. CNnpwan.m glaoemro sora0. Dekaaasem and species/ Intl etas. ` DeperaneM and games mencllendse a— =s- ara Drupao ee EIIldm aka and Mal, shops FbnsIs FOM soma FieOft anis to sres Lim Mope. Hardv doth. Hobby food baa. Nobby atom. ifcusendleism, eeera«. dswery stores. LiquorUsaft, sgood.good.clans. ea Music . Mak arta recon stow. NeweMnd. and do0acco atom. ==6d." hotosaphk soda. Russoarat . wo. b.oa0caatlnp stabs. Spomg goods end«. Stationary sand. TOY ard,se. V: soros Vettlage era airy good. soros Acobmal oflicee, business. or «rviss s mn1Nd to M similar to permitted era« In ac—lance with IM Pnav'roicns of mit section. 12.7P2: CONDITIONAL USES: The Mowing conditioned nese and M pemNtted In tido commecla core 3 dlabkL abject d Issuance of a comedrad use permit In accord wish ms provision. d nepdor 16 d fibs tie: Any usepermittsectionad by section 12.7o-1 of Ina Isor article which nconducted aft" within a bubdng. Bed MbrosldeWskeNtnfiulaled by action/2.14.16dthatisf. Shm, P.M. Child dayars center. Canme.cWdiandry and clamp services, bulk plant. Canmenis aprage. Dog kenmIs. D,K—p kdihlse. Map sure. , Outside w wash. Pe Mops Public Mlidkga, gouna, and facilities. P141k Pea and.cream fodbfiea Publican and Public service Pado and dole, lidn elgnal May Mraddia in faaanee. Theodore, m." mm., uta cmveMbn laoiseea Trangomafim Wee««. Bellefonte. Anick 12.7E, Commercial Service Germ, District o11N Va Town Cods Is hereby amnded a follows: 12-7E3: PERMITTED USES: The following used, deed be Permitted In the CSC eland: AUWOWW T~Maol rw(ATVA) eaterlor W• building. Sena and financial iNfitutd- Eang arta ddnkhV «abbehnllNm, including ft following: Selum« and dela with food «fwlM. Goaded blas es anal ban. Coffee Mops Foumsn and sandwich Map. . RMaurMb. Employ« Heuathg Una, «kumu r gWa*d by Wapw 13 d MIs cls. PersaW «rveme era rear Mop..Iimsial rg ata fdbwMg: Beauty W bubsr Maps Sua es eat oNl. antra. Cnang and larudry pick up •gMda wmoub bare meaning or dyeing. Lerrndnanaa Small •PO— opal Mops excluding fummro raped. Tabu and dere dmakua _ Travel and solids agered- M supply atom and galleries. Samm s end confectioneries, Including preparation Of pmduces for eels m the PMmi«s. Somatores. 80ding maehals saes wllMut outdoor storage. Camera stores and pmtognphic Wdi«. Gently son«. . Chinewsn and glassware stores. Officers... entl apeoieny food Mom. Depenme d and general merchandee atom. Orugsom. Electronics aces entl repair amid. Forest. Footl stores F—dure atom. Gift shops. Hardware stone. Hcbby star«.. Househoid apPliend roes. Jewelry slot«. Lad.. goods sons. Liquor sons. Luggage stores. Musle and record sloth. NewlMUM6 entl tobacco atom. PM .hope. Photographic abo•. Radio end television broadcasting stoicism. Sponbg goods slant. Stationary star«. Supemubb. Toy frons. Variety -- Yardage and dry goods slags. Additional a", busedose«, or services dsermined to IN similar to permitted us« In accordance with the Provisions d seddm 12.7E-2 of this ands. 12-7E4: CONDITIONAL USES: The following oondhiaul uses MLI M pemh%d in the CSC tlIsdct, subject M i«usnam of a contlboal era permit in soconanm wan ids pMWebm of chapter 18 of this fins: Airy ua permltta by sectim 12-7E3 of this areae, which is no conducted entirety within a Wilding. Sed entl bmakfasla s lunger regulated by section 12-14-18 of this bits Bowling sky. Brave Pubs. CNld ayun cerra. Conti-rclel h umry and clearing services. _ Communlpetlona.mama. and appursean stful armed, Doff kennek. Mae. Amar Multiple -family residential dwelkgpi and lodges. Outdoor operator, of fie —,y arae as suit fond In action 12.7E5 d this amcfe. Prion club Private, Perking structures. Private uroouddi Perking. Public Mildhgs, grounds W facllbes. Pubic Peds a.a recmfim malls . Public usXy And public sends eras. SM Mn and tows. Thatch, me•ings moms, and convention fedora. Seccon lS. Adds 12.71', Amdal Business Disind, of me Vail Town Code Is M.edy =wood s follows: 12-7F3: PERMITTED USES The following uses Mel M Pommeled In IN anMel bueiM« distad Eating entl dMbng establishments, a n pa follows, annMed on fes fin (stmt) level: Cocktail bungs and ben. Cdfa Maps, f main, seMwkh shite and rlredou— Employee Housing Una, As further regulWtl by chaps 13 of this title. Persons services ads repair shops, a follows, an armed to be generally accewry and/or suppoMve Of office usa and shall M pemMed m me first (ards) lave: Beauty and barber Mops. Shoe repair. Taibn and dressmkus. Treys and docs ingencds. Professional offices, buaneee oshc es and studde. Radio and M Aebr, bnaeasting stadia. Renal atom and esubnenmsme, a folowe, an maimed to be generally acsesory and/or suppoMvs a oMKo uws and am mus - fog permitted a long as may co cot smeed eight thwwb (8,009) scum feat In floor am for .on such naw— era and en beg es they are lcosted on the firs (ane) level: M supply stone. Bumstom. Drugstores Models. New«tanm. Stationery Norse. Tobacco auras. Additional offices, busnaea a servdc« detennined fo M smiler to Permitted uta In acmnsnm with IN phivdams of .action 12 -7F -t of this ante. 12-7F4: CONDITIONAL USES: AEnumeraatl: The following conditional uses atoll M Permitted In firm sfndal bus'va•s dsMtt subject to the Issuance of a cond• tlaW u« pend in aocondonoe with IN Provisions of Chepter 18 of this Mk: Any uss permitted by section 12.7F3 of this amts, which is not concluded erdrey whim a building. Bed and breekf«la as further provided by section 12.141& of this fiats. Brew pubs. Chid ayran cern. Comraunica8na amines entl appurtuarlt sgdpmaa MlCmbeMn«. Private unetrtkWrotl paring. Pubic buildings, grounds orb t*Wtl Pubic park and red—bon detlllMs. Pubic utllly and Public arvkes uses. including asserted ouaid• storage. Service yams. Trurepmatdm busimase. Seddon 18, Article 12-70, Heavy Service District, of Xe Vail Town Code is hereby amended a folds: 12-70-5: CONDITIONAL USES: TM totiowing conditioned uses sell bs pennlbed, aubject to Wuarcs of a combbMl era Parma In eomnenw with IN proved— .1 Myna 16 d this ON: Alma hospital uvl dog Iran Automotive service ebfipm. Bidding menriab stores. Burne« .aces. Commercial Ieendry and clsenit18 servals. Commuseaeom ancon and sppuRenarlt equipment. Corpantlm Yarm. Machka slow7 hadavgarag.ta eervxs e Repair . Repair n"I's. ar o aop. Seasonal platsT bosons. a SuaNme.d Businessae. Slat Ila endM tow; end acseeay tlamedi unit tm aMM p.noms. Tin asks im eenrkee. Irtdudn8 nb'eedinp W reeappleg. Tnmppmarm euan«sa. TruciorigWamho semina. ark buck oma uatlons. W. Nww. WaadwaMkB and nbkM Nnps.. ._ Accessory err dslanMy eotoem and aeoe«ory to IN saki bowl as sat cut in this action and necessary, for the operation Iheed. Addb ma oommucla «rvic« d."l to be anise to the conaboml are« set w In this scJ In ecomdence wdm me provi- sory of section 1234 0l that thm. 3@,fM017. AMck 12-7H, Uasfuld Mixed Use 1 DIarit of fie Val Town Com Is hereby amended as Ioibwe: 12-7H5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING) The following condMns use shelf be pe nm neat, aublace b haeme of a omdtlanel use penin in ecooMana. with ids proN.lme of dapear 18 d the ben: Said and breakfasts as, funnier regulane by section 12-14-18 dime Uk. ... Sneed, Coin operated laundries. 1140 !! Saturday, July 19, 2008 Commerdel storage. CommuNut ion t i mlenne• and sppun ninon equipment. Priv" outdoor rscnacan fedtifies, as a primary M. Public bulkongs, grounds, a1tl faGlieee. Public or pMats patting lob. Public perk am ncreaton Iacilllles. Public W y am public service uses. S—uI use o eladurae mitiaed for more than Inuuaeru (14) oeyb. Single4amiy resideMel Dwellings, Ski IIM ant tow•. Television stations. Two-femiy residential dweskg•. Adddonai uses dstmNrKKl b W sumilar to condi iorw uses described In this aec8on, In accotlance with out pr mexxi, of amnion 12.3-s of this title. Section18. ANtle 12-71, UwoM d Misetl Use 2 Distrkr, of the Vail Town Code is hereby amended as Nimes: 12.71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The Idowing con litionel uses Nall be permitted md subject to issuea e concitional use permit in accordance with the provisions ofchap", tit of this WN Aut—osva service etadem. _Lid and creeki•a" as NMN regulated by aedbn 12-14-18 of this tide. 9— Pub" Chia day am ceMen. Cc,nmardei storage. Communlpatlom aMannes and eppurbnsM p.1pmmt. Laundromat Prlwb oudonr mcruMn I tides, u. primary use. Public buildings, grouts" and facilities. Pudic w pima" ce" lots. Public part" and recreation facilities. Public utility and public Mrvics sen. Sb Ilha and tows. T.ISGNm asdem. Valves mainbrance, sarvlce, "our, storage, and fi eling. Waebeuies. AdeGonai was daeminW to be aimlotr b roe1tl10atel uses desorlOW in ante section, In accadanca wish the proviaions d aacden 12�-4dMi. til". 5tgggd_32 Article 12 -SA, Aykulfurs and Open Space District, ol ms Vail Town Code Is hereby =wood as follows 12 -BA -2 PERMfITED USES: TM IMoaMg w4-• sill be permitted N me A dWMci: Rant ant toes ritrsenes ant noting of field, row ad tree chops. Public park.. peashm am soma rmnaoon a"u, ant opm ap— Sirg"."Wiy, "W" el dwel"I's Employee Housing Until., as it~ regulated by cbepbr 13 of this dtle. 12 -BA -3: CONDITIONAL USES: -'-7e toxemia sokisoral uses NWI a PerrNr"d, .uMapt to IeMarw. d. wrkllbMl uM P•rmh In aoortlence with the Pnavlaio" d clup4r lhi d rob 1tbe: Amy use within pubc pe M. recreation .nu, end open epaw which a assembly d mon Nn Na huntlretl (200) Pereone bgemek one bdkkq a group of Wldngs, or In we recreation era or tither public ncne0oW "dilly. Cmniti Gommumunbedeneantenaes and tedeMaqulpesnt Low Power vIDaenptlon lflem. Primes golf, harms, awbnmeng am ming Guts, and tubrg amhhieg lodges. Public and prtnbsch RMpcu• institutions, and, Sid ofAlic 4-M imMutlaal uses, such es comenb 4-M rNigbw rslresb. Slti tib 4-M taw" SOCNI ANGe t2 -BB, OUWW RWr adan DIenicL d tla Vail TC Cade 1. herby amended u follows: 12-8111 CONDITIONAL USES: Th. following ccnmtlorm use anis be permitted, subppi to iaauancw d a ccmtioml use permit In accproain 0 no, w" phwelon. dd"pbrIsdroboft: Accessary bulidnpgs (panmaram and bmponary) em uses customarily incidental ant accessary In permitted or conditional cubf— moreatlonal wen, and necessary for the oPentlon mend, Including memboms, ddWbg lou same. bleachers. concessions, along. buildings, and similar uses. Equestrian into. used oWy b thea na11aW fonel system lade. CommuNe.tlera erllelrelu and apputbmnl equipment PUAIk Paris 4-k aIGM Pudic ouldeor ncrescOn uses 4-M uses..AclutlIrg buildings .PuhJic mi and public s.rvke uses. Sao las. tows am rum. WM waotr tresMant IMgmes. Sectional. Article 1230, Ski Base Recreation DINrict, of the VM Tam Gods "Mnby amended as tollin— 12dD-2: PERMITTED USES: F. Employes Mousing Units, as fueber regulated by Chapter 13 of Bol• TION. 12-0133: CONDITIONAL USES: The following conNtlanei use NM W pem"W In the ski basNracreatbn dWrict subject to issuance of • okdWonai uss Permit in accordance with tl" pmvlebn• of WoW 18 of rob role: Addition of Nmamich of suesp. Ialkmgs W morm"k equlpmers. Addict" a nNm espaoof public or phnsts pad" stncNrM or peps. BWant breakfast as NNW regulated by esnion 12.14-18 of mi• MM. -W dsYcen wands. Conmunbatbm aMrrnu and appurtenant -I isnt. Food NIc bawrpa cert v ihi ing Public, PMaie or qau-public Gutta Recreation morNmocr aceds. RetlawbpmM of Pubno penis. IaaY2raw4.. R.de..loPm.N of ad Ike am lose. RSMvebpmMl of ad raring facilites RWewlopmen d water salsa rumacdon and thaiment WO.. Seasonal mw Wes" a0commodeot atNede, cuiNnl. or educational ao1M8es. Summer aMper Norage for molmain equipment. 212nmer eesu,"l community oMn• and propama SOCNO , ANGe 123E, Ski Bus Recreation 2 Dlebicl, of the Vail Town Code b hereby amended es follow 123E-2: PERMITTED USES: A.Th. following use atWl be pemmatl within the ski bu✓recnetlon 2 delnkt Ealing and OMkind esbdbNmnb Inciudbmp the blowing: THE VAIL DAILY 970.949.0555 Special community etyma, including, W nor It W. ski rocas, fesbwls, concord, and recreational, cultural and educelbnal programa and a 1xined improvameniNladlkee, subject W Ne issuance of a special awns licanee 12.aE3: CONDITIONAL USES: The following onmNoml uses mall be permitted in ma ad baswracnaton 2 J,xmL subject to the aseance of a traditional use permit in —rd— with the provisions d chapter 16 of this tine: Brew pub.. Communications.Man and appurWUM equipment. Fracdonei M unit. Outdoor dining daclo and polio. PMaia and public clubs. Public Why am public servws uses. Additional uses determined to be similar to 0mMb i or permiBM uses dessa bW in this Gbpter, in OCmrtlanCe with the provisions of section 12-3 of tints title. Section 23 Article 12.98, Peeking DIWCL of the Vail Town Cads is bereby amended as follows 12-98-2: PERMITTED USES: The Wowing uses anis be permNad b int P delricb PMate or public unstructured of elraet vehkW parking. Emptor» Housing Uma, as further regulated by Chapter 13 of this Title. 12-88.3: CONDITIONAL USES: The Idiovnng cord li—I uses shin W cerrmittad so- to Iswenca of a conditional use Permit in axonbnca with ire p—sioM of chapter 16 of this bele: CommuNeNona sh urines and appuNrant equipment. Major arcades. Paris and .-M nal facilities. Pmm. or Public op a— ve oda parking structures. Public uses, c— onice ant commercial uses that ere m nepataton, toada W town raltr rd and met am accessory W a Pamng Tempora. Temporary cemporary arod! o sibs. For me Dim materials, ri rob eavy co a temporary ip emotion staging nq Nb ishalltruct meds i M. an which, to a temporary periW of time, dprbbeCllon metenels, heavy construction equipment, whiclse and Construction inllan they be aNrW. Employee Flouelrg Unna, No Winer regulated by Cbepbr 13 of rob Title. 12194: DEVELOPMENT STANDARDS: Oev;o Nwvt atamant• In each of the folbwbp cetegor"• MW be as prescribed by St. PI—Mg and Environm inW Commisalom 1. Lot w anti •t%dlmenabm. 2. Sentacks. 3. Uugdtng height a. Demur control. S. Sib covava". E Lantlwping Ark alb daveiopr L 7. Parking and Iceding. Section 24. ANde 12.9C, G.n" UM DI.VIPL d the VM Town Code ie hereby amended u 1o0owa: 12.9C.2: PERMI7rED USES: The followng uses Nail be permitted in the GU distinct: SII and pedestrian pstl". Communlutlon• aMermae and ypurfa ent equipment. Employes Housing Units, es fuller regu"otd by Chapter 13 of the TWO. pos" mMoo mcniatlon Neu, and open space 12.9413: CONDITIONAL USES: A.GM"Iy The tolloa'aq conditional uses "I W pNmlbed in the GU dile rc-1 subject to issuance of a cemitoml use permit in axcxxdN ce wait the phoWabn• of chepbr 1601 No tide: Child day— wnbn. Eqund lanbaW. God coons. Humcen "tllitls HaIIpW Io m"rgaroy ardor community use. Major arcades. Plant and ire! nu ares. and associated shuctums. excluding the sale of bees o Miter nursery pro*xM grown, produced or made on me prembM. Public ant pima" pal" and acting outdoor nveadon area. facilities and uses. Public ant PM.ot sG"o". Public and gwaFpublic ktluor co nrnaiy faGlkes. Pubik buildings and grounds. puck Parking elructust. Public mesotre. meeting mans anti convention faGddes. Public tourlsNgueN Mnice MOO facillbes. Pudic Iransponaon "mrinW. Pubic uneln tried Penn . Publk eflffy arrd pudic aervke uses. s.,;ww structures or uses an accommodate aduntlarW, ncraetlarlal or adhlrai activdlea. Sao Idt" tow and no Water and a.wege, tresMWn planta. SK902L Section 12-18-4, Employee Housing, of int VM Town Cod. "hereby amended as fdbws: _Uinniftad Zoning districts nlWrt byoN"ISN"F ices Dwham,/ TnanelerMde Antisocialoveregs CRFA Adds - demi SM C /Reduced Landscape Ares Gwags CradnyStor- age Requk► ment Pang Minimum/ Maximum GRFA d an EMU Densitya Type I POMMedUw The EMU M TEMU 4 SITE COV- Allowed 300 Per Chapter WA TM HU Eb Primary/Reemdery maybe add enMW b ERAGE: sq. h. d 12-10 as. slowed u ResiaemW, abMNNred an additional TM Not le guags eras dwelling mit a —ond TeoFamiy RMF sopa ly. 550 p. anMNd to par encloesd unit on Vie dent.] k CRFA an a0d0b.W velse" phop•ry (only on lob leu deduction. 6%d alb span at a flan 14.0001q. h_ C wrege W maximum In NM d" EMU. of 2 patdirup - .paces (tiro LAND 4-q. If.). SCAPE AN wits not AREA: constructed Th. Nab wish. muses W a garage enall reduction of Wk.capa be required amin unum "eaby5% 754-q. ft of (ra%sedb songs 4-e. 55x of Ma In Wditlan meal a da W —at EHU, dcsel spall. THEVAILDAILY II 970.949.0555 i vaildaily.com _ Saturday, July 19, 2008 B41 Type 111 Perinktss-Haer WoNeed Mixed The EMU may be sold The EMU Is exclutled WA WA Per Chaps, 12-10... A. Dwelling The EMU is excluded (lnow. Use I or transferred ham the dwelling unit unit: ham Me slonary IPubLCAccom- Ud Mixed pMltaa separately. callul n of - or a parking 300 sq. ft, calculation of Zoning Usa2 The EMU GRFA. 'range- min. and density. cotta- alien, Public ( 'hell be anent plan 12 �Ad. ft. tion pussidGsaeyeerraUaee oal ensue ter linked to Vicar Chapter S. unit) LowLow DaMiry a speed 112-24. Dronnilay Mus,wFamly madurn Densly mmueionery �Induad-y 20n sq.tL MUKIWAmdy Zoning am- pioyse nouc- i iLickaq. .far earn High Density ' g mmga:on j person co- Muopla-Family requirement j pymg the Polak Adod edetlm EMU. Public ACWm• mhdaupn 2 Conch—al Corel Commarcisl Core 2 ' Commetoo Core 3 Commercial Ber- vice Cagier j Anedd Buanasa j Ren" Distrkt GanerN Use Heavy Service BM Saeagbpa- Ai Sid Well Peas ' I tion 2 Spatial Develop- . rnanl Dots d Type IV Arty dwstllrtg uric The EH U NIA WA WA Per Chapter The EHU le may Gd granted may be sold 12-10 as calculalatl es and deed naouMC or—at.- _ adwelling density v A Typal IV EHU. separately �NJI unit. urMsasreetly . dMlgra ad As N EHU ­E Type NCL PemaNdtlsar Any sweating unit The EHU may be sold WA NIA WA Per Chapter 12-10 as Per Chapter 12-23, The HU calculated are (Com• may be designated or bemtened Adwelling Commercial density M -W and denotichd ed separately, un8. Linkage Unless As • Type IV -CL The EMU now EHU, udesa Nae be Eon urs awn* linked to specific Com- merdal Unk. age amp" housing migation requi. eM Type N"A"M`- The EHU NIA WA WA Per Chapter Par Chapter The EHU is .11 Any dvnaing unit may be add 12-10 ane 12.26, celculetatl ane (kdu- may M"Ift ted or trandamed aowsling InduAoney density Y nay antl MW restricted de espamtdy, unit Zoning glaring se A Type IV .The EMU ofig. EHU,u shelf til less elsady designated linked. saan EMU ■spoof Induslorsry Zoning em- playsa Made, Ing mogn orn Uinmem Type PemasedUea.• HeWb Reskemisl TM EMU .W Nnot A WA N/A Per Chapter /2-10 ane a m 1,200 sq. ff. The EMU I - allowed se be sok or dwelling unit a aeoond tmnslerted unit on the sapasisy property. from the unit 8leassod- 'tad Bath, yq Vl GanalieneWs! Hosing ASgovsmed by than As caer- mimed by the As deler- mined by As data,- mined by the PerChepter 12-10saa As dater- mined by the Asdo - mined byiM manages ant PEC PEC PEC dwallirguno PEG PEC plan. or apanting Shelf not W e gemern atbdMdad or plan par divided into Amo. 12-31, any his. of Housing time dun, Interval District owhenhip, Or fteaccual sa unit Type PemsisdWM` The EMU The EMU WA WA Pit Chapter Per Chapter The EHU V5 CL High Density Italybe veld s sW."'d 12.10 as a 12-23, is included (Com- Whit AFahay, or—lemid from the dwelling unit Commercial from the -am Hosing Disbkt sap -stay. cakuainx, of of a parting Unkage, docutution of fAesge PAN Amour The EMU GRFA manage- canary. .segs- moOMN, public shall be ment plan Bot Igmmmpdwol INkedkA par Chapter ,am Catanedw le) 2, gip dk Con• 12-23, Can 1, Cao- mat" Litt- Cenm.rdal memW Can 2, we amp" Linkage kj CanmertlM Cana housing 3, Connttsmal mitigation SMvks Cwder, k7 AMM( Bteateee. GerterM Use, rpulnmaq. a athtstl IJAA 4 SW. Spa- TypaVli-PammedlI IZ ( . High Densly The EMU may be sold The EHU j is a."1 WA WA 112.10 Per Chapter as a Per Chapter 12-24, (from The EMU 5 —Wad (lnow. Multiple Family, transferred from than tlwellinq unit InclWionary the slonary IPubLCAccom- Housing Dianna, sapootay. calculation of or a parking Zoning IC.kulation of Zoning The EMU (GPFA. 'range- dar ty cotta- alien, Public ( 'hell be anent plan tion �Ac ommodabon linked to Vicar Chapter unit) 12, Commercial a speed 112-24. Core 1, Cam- mmueionery �Induad-y corcnn Co. 2, mma,Ql Core Zoning am- pioyse nouc- i iLickaq. i3, Commercial ' g mmga:on j Service Canter requirement j Anenal Businame, Gpnmho Use head Mixed Use 1, Lionshead Mixed Use 2, Sid Ba-Rodeatkn, Ski S—Racre- aton 2, Parting j Dini and Spe- j dial Development Disthcis Section 2B. Chapter 12-tfi, Contlmonel Use Permit, of 0,9 Veil Town Code Ian herely ....band as follows: �_ 12-18.8: PERMIT APPROVAL AND EFFECT: Approval of a conditional use permit or an amandmem W an existing -Motional — permit shall lapse and become void if a building petmk is not obtained and consimtiicn hot commenced and diligently pursuetl toward Completion or the use for whits the approval nag been granted has not opmmenced within two (2) years from when the approval becomes final. Approval of a condi. clonal use parva Nall also lapse and become void if the use for which the approval has been gromad a discontinued for a period of two (2) years, regardless darty intent to resume operation of than use. 5CpGpU2Z Chapter 12-18, Conditional Use Pannit, of the Vail Town Code is hereby amended as follows: 12-1&10: AMENDMENT PROCEDURES 1. Than AdminiAtrator may o cro duse mar urance W an slating *,dhlw,i permit (including, but not limited to, addi- dona tv bi iltlings and structures asaociatatl with the use, changes to the operation of the use, changes to the previous - condltlons of approval, etc.) it the Atlminlstrelor do.—[— the amendment meets Ne following Prior.: A. The amendment Is In accordan os wed all applicable elements of than Vail Town Code and the Vail Comprehensive Plan; and, b. The amantl hemt does not alter the too, character or Indent of the original conditional use permit; and, c. The amandrtwnt will not advemNy affect the public health, safety, and welfen. 2. All Amendments to an existing conotional use Permit not meeting fins above listed cdterle. As determined by the Admin- laremor, shall be Mimed by than Planning and Environmental Commission in accoromm, with the procedures described In Section 12-1s-5 of this chapter. Sfiabgn 2a. Chapter 14-10, Design Review Standards and Guidelines, of the Vail Town Code is hereby smandso as follows: 14-10-12: Communic"m, antsnnsa and appurlan-11 equipment: Communications antennas antl any swee Baled alp pu tenant equiprtsnl should be Integrated Into axlstinoiPla ing prbulidinps And atructures. All antennas and appurtenant equipment shall be located and scorned ono as not to detract from the overall aft design quality. Sacbon 2g. It any part, section, subsection, sentence, clause or phrase o this ordinance is for any reason hek to be invalid, such daclsicn'hal not affect Ne Validity of the remaining portions Of this ordnance: and ins Town Council hereby declares it would hews p— MI. notmance. And each part odium, subeacdon, sentsnce, clause or phrase thereof, regadleas of fit fact Wt any one or MOM parte, sections. Woeedimis, samences, clauses or phrases be declared im old. The Town Council hereby finds. delarminea and tlaclares mat this ordinance a necessary and proper for the heats, salary ant waNem of 0,e Town of Veil And the innabitsnn thereof. Socaphi The amendment of any provision of the Town Cods es provided in this ordinance Nall not affectay right which has —ad. Airy duly Imposed arty Mostlm Met occurred prior to the anacays des hereof, any prosecution commenced, nor any other action o proceeding As commenced under or by virtue of the provision amended. The amendment of any provision hereby Shall not revive any provision Or arty, orelnancei previously repealed or supemecad unless expressly stated herein. Section 32 All bylaws, ord.m, resolutions And or0iMnce s, or perp maned, incon llaant herewith aro repeated to the extent only of such incomencer y. This repasts slWf not be construed to hawas any bylaw, order, resolution or ordinance, or part thereof, dterel010fe repeated. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this tel day of July, 2008 and a pubbh.ong for second reading of this Ordinance se[ for the 150, day of July, 2008 in the Council Chambers of the Vail Municipal Bulking, VWL Coloadc. Richard D. Cl"and, Mayor Aae91: Loralel DOnaloson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of July, 2008. Richard D. Cleveland, Mayo Attest: Lorelei Donaldson, Town Clerk Published in the Veli Daly July 19, 2008 2342 PROOF OF PUBLICATION STATE OF COLORADO I COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/19/2008 and that the last publication of said notice was in the issue of said newspaper dated 7/19/2008. In witness whereof 's here unto set my hand this 25th day of July, 2008 Publisher/Gerber l'Mana r/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this I" day of July 25th , 2008. Pamela Joan Schult V I SC Notary Public �` y G ��'�pTAR Y `N My Commission expires: November 1, 2011 � O .- � r .J B38 '.; Saturday, July 19, 2008 ORDINANCE NO. 12 SERIES 2008 ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 128E. RESIDENTIAL CLUSTER DEVELOPMENT; 9F, LOW DENSITY MULTIPLE -FAMILY DISTRICT; 12.80, MEDIUM DENSITY MULTIPLE -FAMILY DISTRICT; 128H, IH DENSITY MULTIPLE -FAMILY DISTRICT; 1281, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; ]B, COMMERCIAL CORE 1; 12-7D, COMMERCIAL CORE 3; 12-7E, COMMERCIAL SERVICE CENTER DISTRICT; 12-7F, rERIAL BUSINESS DISTRICT; 128A, AGRICULTURE AND OPEN SPACE DISTRICT; 12-8D, SKI BASE RECREATION TRICT; 128E, SKI BASE RECREATION DISTRICT 2;12-98, PARKING DISTRICT; 12-9C, GENERAL USES DISTRICT; AFTER 12-13, EMPLOYEE HOUSING; AND CHAPTER 12.16, CONDITIONAL USE PERMIT, VAIL TOWN CODE, TO AL- N CERTAIN CONDITIONAL USES AS PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT AMENDMENT OCEEDURES. AND SETTING FORTH DETAILS IN REGARD THERETO. on June 23, 2008. the Planniniro Planning and Envnmental Commission of Me Town of Val held a public hearing and reviewed d a mzdmme hobs, ot approval for the Mcpased tai amendments to the Zoning Regulations to the Vail Town Couxil .e with the Procedures and criteria and finings outlined in Chapter 12-3 of the Zoning Regulations of me Town of Vail; iEREAS, the Town Council fins and determines that Me amendments are consistent with Me apphoabte element of In. "ad goals, objectives and policies ourinsd in the Vail Comprehensive Plan and is compaabla ,in the development ON, ­es Me Town, based upon Section VI of the Staff memoranum o the Planning and Environmental Commission detect Jura 23, 2008, d Me e'Wance and testimony presented; and, Me Town Council fins and detemtinse that Me amendments further the general and specific purposes of Me Zoning need upon Sal VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, encs and moan ony presented; and WHEREAS, Ihe.Town Council fins and determines that the amendment promote Me health, safety, morals, and general welfare of the Town and prom to Me coordinated and harmonious development of Me Town; a manner that conserves and enhances it natural environment antl its established character. a resod and residential communityof Me highest qua/ry, based upon Section VI of the Siff memoranum dated June 23, 2008; an, WHEREAS. Me Town Council finds and determines that the public head, safety, and welfare win be served by Mese adopting regulations, basso upon Section VI of the Staff memorandum W the Planning and Environments Commission dated June 23, 2008. and Me evidence and testimony presented. V, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT Kd LSection 12-2.2, Definitions, Vail Town Code is hereby established as follows (teat to be deleted is in-skikMhreegR tai Is to be addetl is hold. Sections of and that are not amended have been omimed): IU UTILITY AND PUBLIC SERVICE USES: Any fmcWre. notothemiee exempted from the definition of"structure elsewhere is this, which is mosare ly necessary to facilitate adequate public ut leies and public services Public utilities an public services I.,clude, but not be timhed to, distribution, collection, communication, supply or disposal systema for ges, eledniry, water, Swap , stone water, telecommunications, imigaran, scud waste, recycling, and carer similar public ublides and public services. the purposes of Mis thee. public ufliry and public service uses shell not include public transportation facilities, sewage or w.te- rtreatment facilities, sanitary landfills. salvage yards. storage yards, or Owmads offices. or Communications antennae and ACCESSORY: A tee or afivity that is Sul aminate and Incidental to a permitted or ponlUonal use, USE CONDITIONAL: A use or activity with unique m special Charadderthat tie. trequires additional MAW to ensure May am located property with mepact to Me objectives of the Zoning Regulations, and to ensure Meir compatibility will other Surrounding uses and the [Own de largo. Due to their unique characteristics end ethe Poll Impede to adjacent waw,'additional Conditional taw am often allowed Subject to apwHlC limitations and COrdi ow. USE, PERMITTED: A principle we or Scruffy allowed by tight within a Zona district SgrygDy Article 128A, Hillside Residential District of the Val Tawe Code IS hereby amentlatl as follows A-3: CONDITIONAL USES: following conditional uses shall Ice permitted. subject to issuance f a conditional use permit in accoce rdanwith the provisions aper, 16 of Mis tills ' and breaMaers as further regulated by section 12.14-18 of this elle. munlpailons, antennae and appurtenant equipment. earned fables located on Site (5) ac minimum lot size area on property wintering public land. velars and Ther similar conveyances. achild tlaycare!adlilies as funher regulated by sachon 12-14-12 of this lift.kbuildings, grounds an facilses. kr paand rerees con fatilhw. i tic utility and public service uses. Article 1288, Singla-Family Resdens District of the Vail Town Code is hereby amended as follows: 12-6 :CONDITIONAL USES: The followingconitional uses shot be permitted, subject to -whoo f a conditional use perms in accortlance with Me pr-aWna of chapter 16 of this fie: Bed and breadwit as fuller rega ated by section 12-14-18 of Mis 104. _ Communications antennas and appurtenant equipment. oulare Ind other similarConveyances. norchild day.,. facilities as Wi rise, mgulated by section 12.14-12 f this f ., ilkantl privet sdfools. sicbuilikings, grounds an facilities. sic par and recreation facilities. Ilk utility and pudic sarvice uvea. lifts and dwa. Section 4. ANcke 12-60, Two -Family Primary/Second ry Residers al DisMct, f Me Val Tarn Code is hereby amended as fol - 128C -3: CONDITIONAL USES: The toldowing conditional was shall Ice permared In the R district, subject to issuance of a contphad vel use pamlh in accordance wish she provisions f chapter 16 of Mie title: Bed and breakfesta. fuller regulated by section 12-10.18 of this tire. Communications, antenna an eppurtartant equipment, icfam and abler similar conveyencea. nor chid daycam facades as further regulated by section 12.14-12 f ems tire. n clic aprivet='.. clic hrikimsa. pmunds an facilities. clic par an mcreafion t.ilifies clic drily, an punk service uses. alts and tows. $gyjjge-5, Artid, 12-60, Two -Family Reekenff District, of the Veil Town Code is hereby attenn 4s blicle, 128D-3: CONDITIONAL USES: Thee following conirorwI uses shall be pernMed, subject d issuance f a conompr al use perms in accordance with Me provisions f chapter 16 It this fie: Bed an treatment as funher regulamd by section 12-14-18 of this title. Communleadow wtwaes ant appurtenant equipmsnL Funicuten and other similar commyencea. �.. Home Wilddeydare facilities as further regulated by section 12-14-12 of Mis fide. -- P,Nin anal n..ra schools_ e and recreation facilMes. an public service uvea. Arele 12 -SE, Residential Cluster Capitol. of the Vel Town Code is hsraby amanded as toddle: 128E-2: PERMITTED USES: 128E-3: CONDITIONAL USES: Thefollowing conditions] uses shall he permitted in Me RC district subject k iesuenw f a contlifons we permit in accordance wish to pm inions of chapter 16 of Mis title: Bed and breakfast w f ni ter reg.ish d by section 12.14.18 of MIs tire. Bwinese olflces, . Nrther regulated by subseatian 12-1&]A13 of this tlfe. Commundatiero an nes and appurtemant equipment. Dog ken-" Funiculars and other Similar comayances. Horne child daycam tetlhres as Winner regulated by section 12-14-12 of this fife. Private clubs. Proteselons office. . Winter reg load by subsection 12-167A13 0l Mt title. Public buildings, grounds, an faciliti.. Public or private schools. Public par and —at. facilities. Public utility and public service us.. Ski lits and taws. Anicde 1281', Low Density Mftipb-Family Distinct, of rtes Vail Town COOS is h rmby amened as follows: IDITIONAL USES: conitionf uses aha. be permsead In the _DMF district, subject to iswarree f acontllconal use perms in aaaoroanco shone a chapter to w this fife: Mess w fudher hKip atd by section 12.14-18 of this pile. Dog kanneda. 970.949.0555 Home child boycom facilities as further regulated by sec0on 12.1412 of this title. Pnvate cubs. Public and pnvate schools. Public buildings, grounds antl!acilities. -ublic park and recrearbn laalities. Public uflhy and public service was. Ski lifts and tows. aggk q. Article 128G. Medium Density Muldpla-Family District, of Me Vail Town Code is hereby amended 12-6G-3: CONDITIONAL USES: The following condhional was shall be permitted in the LDMF dismot, Subject to issuance of a conditional use permit in accomance will to p—halon. of chapter 16 of Nis title: Bed and breakfasts as furthesec r regulated by tion 12-14.18 of this title. Communication. amenias and appurtenant equipment. Dag kennels. ' Funiculars and ether similar comeyancss. Home and daycare Iaciftes as fuller regulated by section 12-14-12 of this this. Private clubs. Public and privets schools. Public bukdirgs, grounds and facilities. Public perk and hadmad on laalities. Public Alhy and public service was. Ski lips and taws. Employee Housing Units, as further regulated by chapter 13 of this tine. $.r MUL Article 12.8H, High Density Muidple-Family District, of Ma Vail Town Code is hereby amended as follows: 12.611-3: CONDITIONAL USES: The following conditional uses shall be dammed in the HDMF tllst ict, subject M issuance of a condifons use permit in accordance with the provisions of chapter 16 of this me, Bed and breakfasts as fudher regulatetl by section 12-1 H18 of this fife. Dog kennels. Funiculars and other similar conveyances Home chiltl daycare facilities as further regulated by section 12-14.12 f Mis fife. Private clubs an civic, cultural an informal organizations. Private parking ainhum s. Private unstructured perking. Public and private schools. Public buildings, grounds an tdlitles. Public par, ,it recreation faciltties. Public paring structures. Public trensportatiod terminal. Public unstructured paring. Public utility and public service uses. Religious insfnio.. SM lilts and tows. Timeshare un.. Section 10. Article 12-61, Housing Dlfnr, of Me Vail Town Code is hereby amentlatl as foil 1281-2: PERMITTED USES: The following uses shell be Permitted in Me H district: Bicycle end pedesbian paMs. Employee Housing Units, . fuller regulated by Chapter 13 of this Thee. Posay9 -rood, recreation are., an apes space. 1281-3: CONDITIONAL USES: The fondling confronal uses shall he permitted in the H district, subject to issuance of a conNranal use penis accordance in will the prawiakns f chapter 18 f Ws this: Cammamial was which are seWndary an incidental (as detenmined by the planning and enyironmnte el commission) to the use f employee housing an spacifically serving Me neade f the residents f the developmentn deaveloped in conjuhWWm wiM empkyas ho.irg, in which case the following uses may be allowed subject to a conditioned use pemlib Automated Taper ap Mhirma (ATMs) astertor to a building. .an. and financis Insdtutione. Burins of ices and professorialoM ce. as further regulated by section 12.1&7 of his pile. Child daymre is Mes. Eating and drinking eelablishareMs. FmWumm and other similar conveyances. - Health clubs. Parsons services, Including, but not limited! W, laundromat, beauty and hamar shops, tailor shops, and similar services. Retail stores an estab.hment. Dwelling units (not employee housing units) subject to Me following criteria to be evaluated by Me planning and environmental A. Dwelling unit are created solely for Me purpose of subsidiang employee howsrg on the property, and B. Dwelling unit ere not the primary use f Me property. The GRFA for dwelling unit had IN exceed thirty percent (301) of Me isms GRFA cormd_ d on Me property, an C. Dwelling miss are only crested in mryunchon with employee housing, an D. Dwelling unit are compfible will us Me proposed was an buildings on Me site and are compatible with buildings an usee on adjacent properties. O sopor bases. Public an idwate Winona, Public bui.rgs, Founder an faalpies. Public part an mcreasonal faciliti.. Public utllMes Insteliatiorn slauding morman ieson lines and appurtenant equipment Secepan 11. Article 12-7A, PublicAecanmodetion Didi Oft Vail Town Code la hereby amended . follpws 12-7A-2: PERMITTED USES: The following uses shall be IF traded in int PA district LOOM including accessory .Mg, drinking, or miail esmblishment located wWin the principal use and not occupying mare Man amp (10%) of Me east grow residential Moor area Nine main shucture or sMvclunal on Me site; addfional acc.wry Ening amoser may be cooled on an mdoor clock When, ar terads. Employee Housing Units, as further regulated by chapter 13 of this Ore. Amonteted TaliN Machines (ATMs) estedor W is building. 12-7A-3: CONDITIONAL USES: The fdkwing conditional uses shall be permitted in the PA of dict. subject to issuance of a conditional use permit in accordance with the Ommons of chapter 16 of Mis title: Bad and breadaete, w IuMer regulated by section 12-14-18 of this the. Comrreundatiow erdana T an p'Wr anaM equipment Finaional fee dub units as further regulated by suldwOMm 12-18.7A8 of this she. H.IMaare faaadee. Lodges including accessory eating, ddntdng, or retail eseabllshment located within the pnapal use an occupying behyaen mil percent (10%) Sind fawn percent (15%) of Me —1 grow residential floor area of the main sma:ture a structures an the SM. Major arced.. Private clubs an dm, ahuml and hatemal organizations. Pdvateparking sbuclures. Pm -re uredufured parking. Professional and business offices. Public an pit- schools. Public buildings, grounds ant tcilittes Public parking snuceu e. Public pars an recreatians fecilMes. Public banspomaeon trmkals. Public unst "`w paring. Public utility and pudus ic service was. RellgiousinspMlone. Ski aro and rows. Theaters and conventdn faailtes. Section 12. Article 12-7B, Commercial Care I District, of the Vail Toes Code is hereby amended as follows 12J&3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL B. Permitted Uses: The filming uses shall be pemfed on Me fill floor or street level widen a structure: 1. Remit sores and establishment, Inching the toddling: Apparel fares. An supply stores and gal rdw. - Bakense .it conleatiorwhes. Bookstores. - Camere skrea and phatognam. Studios. Caney stares. Cmnaware and ndsswve stores Drugstores. and specialty lona fares. Drugstores. Florets. Gift GM snaps. Hobby—. Jewelry re os. 4eather goods skres. THE VAII DAILY I; 970.949.0555 ;; vaildaily,com Saturday, July 19, 2008 839 Luggage stares. Pmfeasimal offices, businese offices, and studios. Music and record stores. Retail stores all establishments withaa limit as to /loo, area including the following: Apparel stores. Newsstands and tote t accod Sporting goods. sores. Stationary- " tatinarystores. Toy stores. _ ravel and ticket agencies. Vanety stores. Yardage antl dry goods Sores. 2. Eating and drinking em obibrinanb, including the d1dwmg: 9akedes and delicatessens with food service, madd tl b preparation o pmducp Speddwuy for sale on the premises. Cocktail lounges and bars. Coffee shops. Fouma'do and sandwich shops. Rea.u.nh. 3. Lodges. 4. Employee Housing Unite es fuller regulated by chap.r 13 of this title. 5. Additions urea .-In tc be similar to Permitted usea deecnbed in subsew.. 81 and 92 o Nis section, in accordanre with 11 provisions of section 12-34 of this title so long as Nay do not encourage vehicular ireffic. S. Automated Teller Machines (ATMs) aderlor to a building. 12.784: PERMITTED AND CONDITIONAL USES: SECOND FLOOR: B. Conditional Uses: The following uses Srsl be perm hoo on second floors atoo+e grade, subject to me is-- of a cenddonal se permit in —.a— wird the pm Skma of chapter 16 o this title: Dog kennels. Electronics subs and repair shops. Hous.hod appliance sates. Liquor Soma. Luggage sores. Meeting roams. Outdoor paths. Theater. 12-7B-5: PERMITTED AND CONDITIONAL USES: ABOVE SECOND FLOOR: B.Conbsonal Uses: The folbwing uses shall be permitted on any floor above Ne eecoho floor above grade, subject. the Iseuance of a conditions use permit in accordance with the pwalon..l chapter 16 o this title. Any p.nmiaetl or conditional use which mayrocks any esisang dwelling a abcommodeion unit, or any ponlon thereof, shall require a comadns use permit. Such uses may include: Sect on 13 Article 12-7D, Cammemds Care 3 DiSr' Y, of Ne Vall Town Cabe la hereby ameldetl as bllows 12.70-1: PERMITTED USES The following ossa stall da permsetl In the aarmerdal core 3 dlencr. Auoma Tal Teller Alacrima (ATMA) matador o a building. Banks and financial Instkutiona. Communiptlona amends and appudenam equlpme kU Eating and drinking esablishmane, including the following: Cocktail lounges and! bars. Coffee slope. Fountain and sandwich shops. Reeauranb. Employee Housing Units, es turner regulated by cracker 13 of his title. Heam, dubs. Personal Services and repair stop; irba ding me fobwing: Beauty and hamar amps. Business and office aeMmm. Cleaning and laundry pick up agencies without Wk cleaning or dyeing, Laundmmab. Shoe repair. Small appliance repair Shope, excluding furniture repair. Tailors and dressmakem. T.vs and ticket agencies. Professional offices, busness off , and Studios Remi sums and establisrmems wiNcut limit as to floor area including the following: Appal S.... Ad supply stores and galbnes. Auto pans sores. Bakeries and confedtienenes, prewhaft. o pnoduo a is sale on the pmmicao Bookstores. Building materials saes without oudax stpmge. Camels sores all phoographic studios. Candy Same. CNhe Am and gl._. stores. 0 licateesmu antl apeciahy food Sores. Department and genera horanoea stores. Drugstores. Elecronics sales and repair shape. FIO.Z 'coot Sore. Fumiture store. Gots ops. Harhvare sores. Health food sores. Hobby stores. Household appliance stores. Jewelry more Leather goods Sores. Liquor Bores. Music antl record -.s. Newsmen. and bb— Sores. Photographic Studios. Radio and moMaion b.acke a ding Studios. Sporting goods stares. S.tiomy sorsa. Supermarket Toy stores. Variety store,. Yardage and dry goods store,. Atltlklonal oflicee busness, or serviced deennided to be similar to permitted uses in m=dJamw with the pr isiom of this .ack- 12-70-2: CONDITIONAL USES: The following conditioned uaea soli be Permitted In the osm—rCW core 3 district, subject to issumos o a conditloml use permit in accord wih this provisona o chapter 16 o nisi tltle: Any use permitted by section 12-7D-1 o his article which is not conducted entirely with. a buiding. Bed end break) e. as fuller mgula.d by section 12-14.18 o nb Nle. Brow PUPS. Child dayosre center. Commerds laundry and cleaning services, bulk plant Commends Saage. Dog kennels. Driveup facilities. Major.—do . s .Message pall.. Outside osr wast. Pe shops. Public buildings, gourds, all fewdes. Public park anal re usinkm facilities. Public Utility end public service uses. Radio and elavision signs relay iredamemord mblNes. Theeors, meeting roans, antl corwerndn.cilams. T.nspo to tion Waineesea. Settled 14. Article 12-7E. Comme.ia Service Censer Distad, o the Vail Town Cab. hereby amendatl tie todsm 12-7E-3: PERMITTED USES: The tolowing uses Shim be Permitted in the CSC dlsmcr. Au.me.d Tale Illachlma (ATlle).clad« o a building. Beeks and financial imebniom. Eating and dnddng esleblishmeme, induong Ne following: Bosoms antl mlicaieaeena with fano service. Gooden lounges and bars. Cafes shops Fountains and sandwich shops, —' - RlMeuranb. Employee Housag Unite, tie lunar regulated by chepte 13 o Md,,e. Persa.l services and repair Shope. Including he following: Beery and barren shop'. Business antl office services. - Cleevng and launtlry pick up agencies wittout bulk dealing a dyaing. L.aundromeb. Small appliance hepar ahopa, .owing h doure repair. Tait. and dressmakers. Teva and ticket agencies. --- Art supply =,a and galleries. Baker. all comecsone m including prapartHon of Proouow for sale on the premises. Boa-.—. Building materials stores without outdoor mors,.. Camera sores antl phatogrephic studios. Cantly sto Chm..a.and glassware stores. Dellbaaessens dd Specialty fcob stores. Department and gena., march dies Sores. - Drugancres. Electronic sales antl repair shops. Flarimis. Food Stores. Furniture stores. Gift shops. Hardware stores. Hobby Solas.. Houaehod appliance stares. Jewelry Sores. Leather goods stores. Liquor Bares. Luggage sores. Music and mood sores. Newsstand. and tobacco stares. Pat slops. Photographic studios. Radio and television broadcasting samba SPoding goods saes. Stationary sores. SUPBrneke.. Toy stores. Variety sora. Yardage and dry goods Sores. Additonal offices, businesses, w Services determined to be similar to pomaded uses in atcordanos with the provisions of section 12-7E-2 of this article. 12.7E4: CONDITIONAL USES: The blowing conditions uses shall be permitted in the CSC dierdt, subject to issuance of a condbonal use permit in accordance wire to previsions of chapter 16 of this HHe: Any use Permitted by sedlon 12-7Ed o this Mole, which is not conducted madey within a building. Bed and bresdasta as fumher regulated by section 12-1418 o this its. Bowling Spey. Brew pull. Child daycare centers. - - Cddl laundry all Peening services. Communications amannes and appumamm eRuipmam- Dog kennels. Major ecetles. Multiple -family residential dwellings and lodges. Outdoor op,re iw of the acceaecry ossa as Set forth In sedan 12.7E-5 o this article. Pr-, clubs. Private parking structures, Private unsuucaaed parking. Public buildings. grounds and facilities. Public park ed recreation edlifies. Pubf utility and public service uses. Ski lits old toll. Theodore, meetings rooms, all convention lacifities. Section 15. Ascle 12-]F, Artane Business Ois.d, o Na Veil Town Cotle is hereby amentletl es tallows: 12-7F-3: PERMITTED USES The blowing uses anal) be permitted In am.mns du.in... bis.icb Eeing and drinking establishments, es fopows, am wm tted w the Hrsl (sheet) level: Cocdail bung es ard here. Comes shops, buntaina, sanosoch shops and reseumm. Empbyee Housing Unite, as further regulated by chapter 13 d this title. Pelsals services and repair shops, as follows, are deemed to be generally acceswry and/or supportive of Office uses and shall de pernittetl on the first (Sr9etJ lava: Beauty and badder shops. Shoe repair. Tailors and dressmakers. Travel and tick. agencies. Professional offices. business Offioss and studies. Radio and.levlsion broadcasting Studios. Ransil sans and establish men., es follows, am deemed to be gallantly accessory ardrer supportive o office uses and are there tore cortninetl act long as they do nal exceed eight thousand (0,000) square fee in floor area for each such business use and so long as May are located on me first (street) bvai: An supply store.. Bookstores. Drugstores, Floris.. Newseantls. Statlonery, stores. TO— stares. Addri offices, businesses or services determined to be similar b pernited uxs m adcordance with me previsions Of section 12-7F-1 o his amide. 12-7F4: CONDITIONAL USES: A.Enumerated: The following whational uses shall be pennifted in the amiss business diens, subject b the issuance of a contli- tlons use permit in aacordanos with Me provisions of chapterl6 o his ole: Any use Permmetl by section 12-7F3 of this adiGe, which is no conducted entirety within a Wilding. Bad and broad— as further povi hol by section 12-1418 of this title. Brew pubs. Child daycare tandem. Communiradons ammo and -PP.--eguipmem- Micobreweries. Pnvae unemctured panting Public buildings, grounds and mailities. Pulp d park and recreation factlims. Public: utility and public son ame uses, inouding screened ootid, stege. Service yards. Tranap—don businsome. Sect'on 18 Ankle 12-7G, Heevy Service Distnd, pf the Vail Town Code is hereby amande as blows - 12 -7G.5: CONDITIONAL USES: The following conditional uses shall be pemnihed subject b asuanos die conbillonal use perk In aobroanro wish the provlsiona Of chapter 16 a Nis mb: Animal hospium antl dog kehna. Add—�ike eslvbe S.tione. Building matenda Sara. amid—ora es. Commercial burdry and Gearing amMose. Co and—dallona amannea and app.A mard ep.bm— Corporeticn yams. Machine Shope. Maur v rsckt sales antl services. R,Pk garages. Repair shops. Seasonal p.m product business. Sexusly On tool Suaimsses. Ski Ii85 and tows, and accessory dwelling unit for service ommonna. T. Sams and m ,ami, including retreading and recapping. Tmnspommon businesses. Trucking terminate and wick aaMce setons. Warehouses. Wcadawldng and cabinet shop. Accessory uses "Ornarily incidemal and accessory to the cO dmoall uses set out in his section and necessary der ill Polhi o l moved. Additions commartts esnvdas determined to be Smile to me colditiond mos ast out in this section in accordance wire the previ- sions o al lbn 12-34 o this title. Section 17, Article 12-7H, Uonamad Miked Use 1 Djsnct, of Ne Vail Town Code is hereby amended as follows: 12-7115: CONDMONAL USES: GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): TM following conditional uses shall be pemided, subject o issuance o a conditions use permit in accordance with, the pord'om o chapter 16 o this title: - - Bad end hrealdesb as fumlar reg.m- by section 12.1x18 o hie tltle. &ewpubs. Coin operated laundries. 840 ,j Saturday, July 19, 2008 Commercial storage. Communications antennas and appurtenant equipmanl. Pmate outdoor recreation facilities, as a primary use. Public buildings, grounds. and facilities. Pcblic or private parking lots. Public park and recreae- fscilides. Public utility and publicsemce uses. Seasonal uses or residential Mailings. M lOr more roan auneen (14) tlays. Single-family resitlentla dwellings. Ski lih9 and tows. Television Stations. Two-family maidemlal dwellings. Additional uses determines fo be sanilar m condi ional ossa described in INS section, in a<comarma will M , pmvisiens of section 12-34 of this title. Sect on 18 Arfid. 12-71, Lionaheatl Mi.. Use 2 Distinct, of ins Veil Town Code is hereby emended as follows: 12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): - The following conditional uses shall be permitted, subject to issuance of a conditioned use permit in acOord-ce, with Ne provisions Of chapter 16 of this the: Automotive service 518tl-A _ola] and breakfasts r as rarer regulated by section 12-14-18 of Mia title. Brew pubs. Child asycere conte., Commcrdel stooge. Communications affennas and epi. -mm l q.1phad. Laundromas. Private ouftloor recreation facilmes, as a pdmary use. Public buildings. grounds, and facilities. Public or private pantits ng lo. Public parrs and recreation felines. Public utility and public semce uses. Sic lift. and town. Television satbns. Vehicle maintenance, sarvice, repair, storage, and fueling. Warehouses. Aedisona ISOs determined to be similar to <ohahlonal uses des<nbed in this Seaton, In —Me— whh the provisions of section 12.33 Of Mis tibe. $90019. ANcle 12dA, Agriculture and Open Specs Distinct, of Me Vail Town Coda is here0y amended SO fdbws 12 -BA -2: PERMITTED USES: The following ossa Shall be permitted in the A district: ,an and tree named. and halting of flea, row and free crops. Public parks, parsed/. and active .coati- areas, and open spaces. - Singte-lamily residential dwellings. Employee Housing Unite, al NMP regulated by chapter 13 of Mia title. 12 -BA -3: CONDITIONAL USES: -"]e following corMitloned uses shall Oo pe -fitted, subject to issuance d e coMftlonel use pe-tt In exordenca wfth the prwi.We d onspol IB of this title: Any use within public parlor, recreation areas and Open spaces which involves assembly Of more than as hundred (2DO) persons together in me Wilding or group d buildings, or to One monandon area or all public recreational facility. Cemeteries. Com unloationa er armee all apI urtanam equipment. Low power Subscription radio faciftes. Private golf, tennis, swimming and titling Cubs, and hunting and fishing lodges. Public and private Schoob. Religious institutions. Semipublic and Institutional uses, Such as -evenms and religious retreas. Ski She antl Iowa. S¢ptign, . Article 12 -BB, Outdoor Recreation Oi.ticL of the Vail Town Coo, is hereby anni as follows 12-88-3: CONDITIONAL USES: The fdlowirg comarnmal uses shall be permitted, subject do issuance d a conditional use pa -it in acmmance will tis, p bviadme all chapter 16 of this dfte: Accessory buildings (peananad all tsmpoary) and ,as cu.pmemy incidental and accessory to pe-iketl or conOhionel andcoz buildinreatlaal uses and necessary for Me oparatien thereof, inch ding restrdi drinking founaina, bleachers, concessions, slog, gs antl similar uses. Cem.enee. Equestrian trails, — only b access neddho l fore. system lands. Cemmunieatbna emennas all .ppurtarwnt equff"i Public parks and active public outdoor recreation areas and uses, escluding buildings. -,Quiicatifity all public service uses. Seasmal use or.mau.. Side lift. tows all rims, Wall water tree- facllftlee. Section 21. Article 12-80. Ski Base Recreatim District, d ka Val Town COS is hereby amaMed as alicwa: 12-862: PERMITTED USES: F. Employee Housing Unit; as fuller ragulaad by Chapter 13 d Mia TBI.. 12-9D-3: CONDITIONAL USES: The following condiBonel uses shall be permitted in the Sol Wss/acr omion district. subject to the issuance of a condtianal use pennh in axOrdonce with the provisions of chapter 16 of this tie: Addition or e>menei0n Of sage buildings for mountain aquipmcm. ACditlons or-pansbns d at public W pnne Padang structures or spaces. SM all brealdaet as fuller regulated by section 12.14-18 of this title. _ A,vdit as tamer. Communications.rt.nnes all appumoml equipmem- Food and beverage cart vending. Public, privatear qua. -pudic clubs, Radmi moMmear, arcade. Retleveicpmem d public Pada. playgrounds. Redevelopmem of Ski lifts and mus. Redevelopment d sW .ting lad in-. Redevabpmem of Sumer staaga connection and Imatmeo faciffil Beacom, stru — to eccammmate atdeti<, wburel, or aducadmel a I-. __m_cutdeprsoma for moumainequipment. I;—M" seasonal corral Olkces and programa. Sachon 22 Anise 12 -SE, Ski Base Recreatlon 2 District, Of Me Val Tavn Cede le hereby ameabd as hallows 12-aE-2: PERMITTED USES: A.The following uses shall W permitted whhin In. ala basa/recmaton 2 district Ealing and drinkkg esablishmer s intludim, the handial L THE VAIL DAILY : 970.949.0555 it vai Special Community Cvems, Including, but not limited to, $ki rates, festivals, concens, ...and recreational, aftural and educational programs and associatetl improvements/faalities, subject to Me issuance d. special events license 12 -BE -3: CONDITIONAL USES: The following condiff-al usea shall be permitted in Me ski bese/recreal 2 district. Subject 1O the lasuance Of a conditional use permit in accordarOe with Me provisions of chapter 18 Of this title: Brew pubs. Communications antennas and app. arum equipmem. Fractional Ice units, 0 -r dining decks all patios. Pnvam and public Clubs. Public udtity and public service uses. Additional uses determined to his aimiler to conditional or command uses described in Mrs Inciter, m accordance with the p Of section 12.33 d this title. Section 23 Article 12-98, Parking Giant.. of Ne Val Town Code is hereby amended SO follows: 12-9&Z PERMITTED USES: The hallowing uses shall be pe -Mal in the P dt—: Private or public unstructured offstreet vehicle palling. Employee Housing Unit, as furNx railulated by Chapter 13 W MIs Title. 12-96.3: CONDITIONAL USES: The following Offamonal uses shall be pennitled subject to issuance of a conditional use permit in attomance will Na provision. of chapter 16 of his title: C—S umcations antennas and appurtenant equipment. Major amadjol Perk. and re" 'nal facilitiesPrivate or public o6 street vehicle parting Sructume. Public uses, private office and COmmemial uses that are transportation, comet or town related! and Met are accessory to a parking mmaure. Temporary construction staging sibs. For the purposes of MIS sector, a lemporary construction staging site- shall mean a she on which, for a temporary period of time, comsuuction materials, heavy <onsur c equipal vehicles and conslrl toile. may W amred. Employee Housing Unna, as further regulated by Chap- 13 of Mie The. 12-91i3: DEVELOPMENT STANDARDS: Development standards In each of Me totaling caagodee Shalt be So preacHMd by Me Planning and Environmental Commission: 1. Lot area and aIle o finenafons. 2.Selbacka- 3.Building height 4. Deneity eo0"' 5. Site <ovengs. 8. Landscaping and aka de muside saL ]. Parking and mading- Sachon 26 Article 12.91 Genera Use Distinct of Me Veil Town Cada is hereby amended ee foil 12-9C-2: PERMITTED USES: The flowing uses shall be Pomaded in the GU disci Bicycle and pedmirion palls: Communications antennas and appurtenant equipmam- Employee Housing Units, as fuMar regulated! by Chapter 13 of MIs TMa- Passive outdoor recreation areas, all Open space 12-9C-3: CONDMONAL USES: A.Generally: The fO1lowIng coMhional uses shall be imm hied in the GU disMct, subject to issuance of a conditioned use permit in seeatlance wan to provisions of chapter 16 of MIs df e. Child daycare centers. Equ¢sman tratls. Goff courses. H¢aftMare tai ilitiea. Helipad far emergency and/or community use. Major arcades. Plain and tree nurseries, and assOtlated sW.urea esclucmg the sale of trees or other nursery products, grown, produced or made on Me promises. Public ark. private parks and active outdoor hacreatim areas, fatilitles and uses. Public and prwats Schools. Public and quasi pulpoc Indoor, community, hochfies. - Public buildings and grounds. Public parting structure. Publictheaters. meeting rota s IM convention facilities. Public fourwguest asi vice related houlNes. Public t.nsponadon terminale. Public un" -'ad parking. Public rdaBy armpubtl<s I -veers. Seasonal struaareenr d ru or uses 10 acmmmedea educational, recreational or cultural amvaea. Ski Ititows s, all runs. Water all sewage ire9bnmt pbma. SSLtI➢ri Section 12-134, Empldyea Housing, d the Vail Town Cotle is hi on eMed SO fdk ova EMU Zonitte dby rig Permitted by right Or byeontlitieneF tree Owne.nipr Tran.erence AtlGMned GRFA Adtl- lion Sftc Coeerege /Reduced Landscape Area Garage CrelVSror- age Require- mem Parkin g MinimuM Men n: GRFA of EMU Density Type I PnmihedUsr. The EMU The EMU is SITE COV- Allowed 300 Per Chapter WA The EMU is Primary/Secom"ry maybe sold entitled to ERAGE: sq. k. d 12-10 as a allovretl as Residential, or transferred an stld kholo The She la 9ahage area dwelling unit second TwoFamily Rc.- separately. SSO Sq. entitled t0 per enclosed the oro deme. k. GRFA an aMhbnal vehicle er property (Doty-los bas then 14,000 sq. Lcoverage deducdon: 5%of site I. apace ate manrham In size tlb EHU. d 2 pedag spaces (600 LAND, SCAPE eq. h). All units hat AREA: -nstiucted The site b with a entia entitled m garege shall reduction of be, required wordspaps a min an arse by 5% 75 sq. ft. of (retluced m smrage arse 55%d she In addition oes)for the to nommi EMU. tlosct space. THE VAIL DAILY11 970.949.0555 i, vaildaily.cern Saturday, July 19, 2008 i 841 Z/p VII 9 I1 TheEHU TE'u WAW'A P224h p T 'er C}apte A If1ded 'N/A sh tl M xetl may be sold luded d �' the 112.10 as a D It g tied, - sty f ,yngD t U 1 rbansfertetl f he parking C"I .;dc t tIs GRFA. f FuPdmkraidlu UOuh ad Mixed se talc lotion of [ r Ac_onnOdaton I'nketl.o 00 q 1 ` n - al Oe _h_pter UP.2 aspslilt GRFA. 1224 Tn and tlensry Gendische -Use:ReaderI w Z-; 9 1. 00 so f 1 Uk a l Ca -IC ply _ - B - Low Densityluster eC D Mtlpl �Aee all.; Bus cars G neral Usa. 'Onshead Mixed Med DenDon sly It 200 sq.ft. M pl Fsam Y M85 d Use 2, Ski ac High ity j Ski Bace Munn -Family Ptublk A¢nm- anon 2, Parking arking- cupy:ng Iden HU. pled. Dated, and Spe- - i I Development Public Ascom- .I od al2 I Commemial Core 1 Commercial Core 2 Commercial Core 3 Vmerdal Ser - Canter Medal Business i Parking Distinct General Use Heavy Serves Ski Bal ecce. SkiSb Basel R— ation 2 Special Develop- meet District i I Type IV Any dwelling unli The EHU N/A N/A WA Pe: Chapter 'WA IThe EHU is may be disgnabtl may be sdtl 12-10 as calculaletl as mill dead rearoted as a Type IV EHU, or transferred separately - adweilmg unk. density 'owes already designated as an EHU Type PemnNatl-Usa: The EHU N/A N/A WA ,Per Chapter Per Chapter Trill.IVCA Any Cwelling unlit may be sold, 12-10 as 12-23, calculaletl as (Cam -may be designated or marxafened adwelling Comm cel density merdei Linkage and dead restricted ua Type lV-CL Sepa,ate�y. The EHU _ una. Linkage midge- EHU, unless sides be dm unit already linked, to ,an,] Link- age employee housing drugadon recru 'EHUm Type P.,skdUae The N/A N/A WA Per Chapter Per Chapter The EHU is Il Any dwe111ng unit may be sold 12-10 as 12.24. calculated as III may be designated or iranafenad adwelling Induaionary density —any Zoning antl deed resbkkd ua Type IV -Z .The ssperelelY. EHU unit. Zoning rladpe- EHU, unless shall be _ dad unit already designated linked to an EHU a spelft Iddluioni Zoning em plbyee haus- Ing dn" ion meet Type V Pamr9ed-bwr The EHU N/A N/A N/A Per Chapter 1,200 sq. ff. The EHU is HIILaide Residential .hall not 12-10 as a rd- allowed as be sobor dw.king unit second transferred - unit on the asibuil ly property. horn the unit Ifis readi ated with. Type VI GmessinelUar Aa governed As deter- Ae dater- As deter- Per Chapter As deter- As deter - Housing by me inti try the mined by Na mined by the 12-10 u a mined by me mined by the management PEC PEC PEC dwelling unit PEC PEC plan. r a parking Shall not beanagement subdivided or plan per divkhol into ANds 12-61, any form d Housing time share. marvel Oistrid ownersdip, oriredional ee unit - Type PerrnaueU__. The EHU The EHU WA WA Par Chapter Per Chapter Tha EHU Vili High Density may W sold excluded 1 2.1 0 as a 12.23. excluded (Can- lihil Family, transferred from the dwelling unit Commercial from the t ..bill Houirg District, separately. calculation Of r a Parking Linkage cekulation Of linkage Pude Auxwm ini -it"., Pull The EHU an The GRFA adage- meet plan density. tbn Apcanmodatlon linked to per Chapter urs specific specific Cam 12-23, Cas I. COM mMal aUnk- Commercial menial Cara 2. age employee Linkage Caerrardal Cora housing 3. Commercial nddh;` n - Service Della, AderW Buabasa, requirement. favxaal Uae. Mired uonehe.d to e z Ski. don. e PArkng spm � y Z/p VII 9 I1 N/A P224h p T Dein may beS Itl If1ded 'N/A 1210 xcndetlo l M ,t F ly d �' the d id t - sty f ,yngD t a y. -acuaton oft parking u, Z - mg g PSI' A ,g Pubic b1 T5 HU II' GRFA. f .t Id.-tyio [ r Ac_onnOdaton I'nketl.o Oe _h_pter ') I2. Com I aspslilt 1224 1, 1 Cry w 2 ' Z-; 9 Uk a l Ca -IC ply _ - eC u ant �Aee all.; Bus cars G neral Usa. 'Onshead Mixed Use 1, ",mislead M85 d Use 2, Ski 9 e/RecreatiOr* j Ski Bace anon 2, Parking arking- Dated, and Spe- - i I Development L Dismcu I Eec' on 26 Chapter 12-16, Conditional Use Permit, Of the Vail Town Cod e is hereby amended ser follows: ^ 12-16-8: PERMIT APPROVAL AND EFFECT: Approval Of a conditional use permit or an amendment to an existing conditional use Permit, shall lapse and become void if a building permit ie not obtained and construction not commenced and Wigendy pursued, toward, Completion or the use for which the approval nas been graded has not commenced within two (2) years from when the approval becomes final. Approval Of o condi- tional use permit shall also lapse and become void if the use for which the approval has been granted a discontinued for a ,brod of two (2) years, regardless of any intent to resume operation of the use. (t ] Chapter 12-18. Conditional Use Permit, of the Vail Town Code a hereby amended as follows: 12-16.10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendments 10 an existing rond"Ripnal use pennh (including, brrt not limited to, anti dome nt i - dome to buildings and structures associated with the use, changes to the operation of the use, changes W the previous - condhions of approval, etc.) if the Administrator determines the amentlment meets the following criteria: a. The amendment Is in accordance with all applicable elements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment ideal nor alter the basic charecter or intent of the original conditional use permit; and, c. The amendment will not adversely attest the public health, safety, and welfare. 2. All amendmema to an existing conditional use Pernik not meeting the above listed criteria, as determined by the Admin- istrator, shall be reviewed by the Planning and Environmental Commission in accordance with the procedures tlescrbed! in Section 12-16-5 W this chapter. Salim 28. Chapter 14-10, Design Review Standards and Guitlelines, of the Veil Town Code is hereby ameneed as follOvn: ' 14-10-12: Communications antennae and a pp—and, aquiprmanT Communicadlonsanterms, and any associatedap- purtenant equipment should be Integrated into existing Principle buildings and mruptures. All antennas and appurtenant equipment shall bas located and screened so as not to detract from the overall ante design quality. Section 29 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held, to be invalid, such dec n shall not effect me validity of the remaining portions of this Ordinance: and the Town Council hereby declares A would have passed this ordinance, and each part, sedipn, sub,x dion, sentence, clause or phrase thereof, regandeas of he fact that any one or more parts, sections, subsections, semens, clauses or phrases be declared invalid. Secib Thi.. Council hereby finds, departure, antl tlecl—that this ordinances necessary and proper for the health. safety and welfare of the Town of Vail and the inhabitants thereat. 5=Qd 31. The amendment of any provision of the Town Code as provided m this ordinance shelf not affect any fight which has ==ad, any tlay imposed, any violation Nat occurted pd., to the offacdve tlata hereof. any prosecution commenced,, nor any order action or proceeding as mmmencetl under Or by vimla of the provision amentled. The amendment of any provision hereby shall not rewve arty provision Or any ordinance previously repealed or supereedtl unless expressly stated herein. Section 32 All bylaws, orders, resolutions and ordinances, or parts theme, inconslslent herewith are repealed to the extent only of such inconsistency. This repealer shell not 11e construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day Of July, 2008 and a publicheadng for second, reading of this Ordinance set for the 15th day of July, 20011, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Y- Anesc Lorelei Donaldson, Town Clark READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of July, 2003.1 Richard D. ClavalaM, Mayor Aneah Lorelei Donaldson, Town Clerk Published, in the Vail Daily July 19, 2008 2331 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/15/2008 and that the last publication of said notice was in the issue of said newspaper dated 7/5/2008. In witness whereo ere unto set my hand this 25th day of July, 2008 r e- Publisher/Ge 1Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this I" day of July th , 2008. IS Pamela Joan Schultz �� �pTARY G`N Notary Public a O O My Commission expires: November 1, 2011 A PUBX-�' Q� oy��FOF CO�'� 5� C44 t, Saturday, July 5, 2008 Vail Town Council Attachment A ORDINANCE NO. 12 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 12-6E, RESIDENTIAL CLUSTER DEVELOPMENT; 12.6F, LOW DENSITY MULTIPLE -FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE - FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE -FAMILY DISTRICT; 12.61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-78, COMMERCIAL CORE 1; 12-713, COMMERCIAL CORE 3; 12-7E, COMMERCIAL SERVICE CENTER DISTRICT; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-8A, AGRICULTURE AND OPEN SPACE DISTRICT; 12-8D, SKI BASE RECREATION DISTRICT; 12 -BE, SKI BASE RECREATION DISTRICT 2; 12-96, PARKING DISTRICT; 12-9C, GENERAL USES DISTRICT; CHAPTER 12-13, EMPLOYEE HOUSING; AND CHAPTER 12-16, CONDITIONAL USE PERMIT, VAIL TOWN CODE, TO ALLOW CERTAIN CONDITIONAL USES AS PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT AMENDMENT PROCEEDURES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on June 23, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and wed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the Amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is Compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated June 23, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated June 23, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE Town Council of the TOWN OF VAIL, COLORADO, THAT: Section t. Section 12-2-2, Definitions, Vail Town Code is hereby established as follows (text to be deleted is in srNlrethrou", text that is to be added is bold. Sections of text that are not amended have been omitted): PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted from the definition of "structure" elsewhere In this title, which is reasonably necessary to facilitate adequate public utilities and public services. Public utilities and public services shall Include, but not be limited to, distribution, collection, communication, supply or disposal systems for gas, electricity, water, wastewater, storm water, telecommunications, irrigation, solid waste, recycling, and other similar public utilities and public services. For the purposes of this title, public utility and public service uses shall not include public transportation facilities, sewage or wastewater treatment facilities, sanitary landfills, salvage yards, storage yards, or business offices, or communications antennas and appurtenant equipment. USE, ACCESSORY: A use or activity that is subordinate and incidental to a permitted or conditions USE, CONDITIONAL: A use or activity with unique or special characteristics that requires additional review to ensure they are located properly with respect to the objectives of the Zoning Regulations, and to ensure their compatibility with other surrounding uses and the town at large. Due to their unique characteristics and the potential for Impacts to adjacent uses, conditional uses are often allowed subject to specific limitations and conditions. USE, PERMITTED: A principle use or activity allowed by right within a zone district. Segtion 2.. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows 12-6A-3: CONDITIONAL USES: The following Conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Equestrian facilities located on five (5) acre minimum lot size area on property bordering public land. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Sx 1Cn_i. Article 12-56, Single -Family Residential District, of the Vail Town Code is hereby amended as follows: 12.68-3: CONDITIONAL USES'. The following Conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 4. Article 12-6C, Two -Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows: 12-6C-3: CONDITIONAL USES: The following conditional uses shall be permitted in the R district, subject to issuance of a conditional use permit In accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar Conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Qgction 5. Article 12-6D, Two -Family Residential District, of the Vail Town Code is hereby amended as follows: -" 12-613-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equlpment. Funiculars and other similar Conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section r Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows: 12-6E-2 PERMITTED USES: 12-6E-3: CONDITIONAL USES: -- The following conditional uses shall be permitted in the RC district, subjectto issuance of a conditional use permit in accordance wnI,the Provisions of chapter 16 of this title: F-, and breakfasts as further regulated by section 12-14-18 of this title. -, offices, as further regulated by subsection 12-16-7A13 of this title. ications antennas and appurtenant equipment. [)rr0 kennels. - Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility, and public service uses. THE VAIL DAILY 970.949.0555 !1 Ski lifts and tows. - Section 7. Article 12-61', Low Density Muhiple-Family District, of the Vail Town. Code is hereby amended as follows 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycere facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and lows. Se tion 6. Article 12-6G, Medium Density Multiple -Family District, of the. Vail Town Code is hereby amended as follows: 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted In the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bad and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Section 9. Article 12-6H, High Density Multiple -Family District, of the Vail Town Code is hereby amended as follows: 12-6H-3: CONDITIONAL USES: The following Conditional uses shall be permitted in the HDMF district. subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Pub licunstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows 12-614: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: . The following conditional uses shall he pennifted in the H district, subject to issuance of a Conditional use permit in accordance with the provisions of chapter 16 of this tale: Commercial uses which are secondary and Incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a Conditional use permit: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Business oirices A: d profescic,1.1 offs, es as : irther regulated by section 12-16-7 of this title. Child daycare facilities. - Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundmmats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the properly. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are Compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations includintra g nsmission lines and appurtenant equipment. Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows: 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main simcture, or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Employee Housing Units, as further regulated by chapter 13 of this title. Automated Teller Machines (ATMs) exterior to a building. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use pennit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment. Fractional fee club units as further regulated by subsection 12-16-7AB of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. - Religious institutions. Ski lifts and tows. Theaters and Convention facilities. Employee 1 ousing Un is, as fiuKhelra��� Section 1 . Article 12-7B, Commercial Core 1 District, of the Vail Town Code is hereby amended es follows: 12-7B-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: 0. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 1. Retail stores and establishments, including the following: THE VAIL DAILY it 970.949.0555 I? vaildai Apparel stores. Art supply stores and galleries. Bakeries and confectioneries. Bookstores. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Drugstores. Florists. Gift shops. Hobby stores. Jewelry stores. Leather goods stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Sporting goods stores. Stationery stores. Toy stores. Travel and ticket agencies. Variety stores. Yardage and dry goods stores. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Lodges. Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in subsections B1 and B2 of this section, in accordance with the provisions of section 12-3-4 of this title so long as they do not encourage vehicular traffic. Automated Teller Machines (ATMs) exterior to a building. 12-7B-4: PERMITTED AND CONDITIONAL USES: SECOND FLOOR: B. Conditional Uses: The following uses shall be permitted on second floors above grace, subject to the issuance of a conditions use permit in accordance with the provisions of chapter 16 of this title: Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. 12-78-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: B. Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditions use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: 8 Section 1 . Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows: 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Automated Teller Machines (ATMs) exterior to a building. Banks and financial institutions. Communications antennas and appurtenant equipment. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. - Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Health clubs. . Personal services and repair shops, including the following: Beauty and barbershops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Launtlromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Flmrsta. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods. stores. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-71D-2: CONDITIONAL USES: - The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-713-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive -up facilities. Major arcades. Massage parlors. _ Outside car wash. Pet shops. Publicbuildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. EmpleYse-HousiugU rhn as . Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows: 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Automated Teller Machines (ATMs) exterior to a building. July 5, 2008 ; C45 Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. _ Restaurants. Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. - Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services delermined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Dog kennels. Major arcades. Multiple -family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E.5 of this article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilifies. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Sect on 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows: 12-7F-3: PERMITTED USES The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the 9rst (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant Employee Housing Units, as further regulated by chapter 13 of this title. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. 12-7F-4: CONDITIONAL USES: A. Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Communications antennas and appurtenant equipment. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. D-mpbyee#iet>9kngG Section 16. Article 12-7G, Heavy Service District, of the Vail Town Code is hereby amended as follows: 12-7G-5: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. C46 ! Saturday, July 5, 2008 Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of section 12-34 of this title. i cion 17. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows: 12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING): The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-16 of this title. Domeba Coin operated laundries. Commercial storage. Communications antennas and appurtenant equipment. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or rivals parking lots. Public park and recreation facilities. Public utility and public service uses. Seasonal uses or structures utilized for more than fourteen (14) days. Single-family residential dwellings. Ski lifts and tows. Television stations. Two-family residential dwellings. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. Section 18. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows: 12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR OUTSIDE OF A BUILDING) The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Automotive service stations. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare centers. Commercial storage. - Communications antennas and appurtenant equipment. Laundromats. Private outdoor recreation facilities, as a primary use. Public buildings, grounds, and facilities. Public or private parking lots. Public parks and recreation facilities. - Public utility and public service uses. Ski lifts and tows. Television stations. Vehicle maintenance, service, repair, storage, and fueling. Warehouses. Additional uses determined to be similar to conditional uses described in this section, in accordance with the provisions of section 12-3-4 of this title. $e—gLion19. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows: 12 -BA -2: PERMITTED USES: Thefollowing uses shall be permitted in the A district: Plant and tree nurseries and raising of field, row and tree crops. Public parks,passive and active recreation areas, and open spaces. Single-family residential dwellings. Employee Housing Units, as further regulated by chapter 13 of this title. 12 -BA -3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Communications antennas and appurtenant equipment. Law power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Empleyae.Hensi. 3efthis-titla: Section 20. Article 12-8B, Outdoor Recreation District, of the Vail Town Code is hereby amended as follows: 12-86-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit In accordance with the provisions of chapter 16 of this title: Accessory buildings (permanent and temporary) and uses customarily incidental and accessory to permitted or conditional outdoor recreational uses, and necessary for the operation thereof, including restrooms, drinking fountains, bleachers, concessions, storage buildings, and similar uses. Cemeteries. Equestrian trails, used only to access national forest system lands. Communications antennas and appurtenant equipment. Public parks and active public outdoor recreation areas and uses, excluding buildings. Public utility and public service uses. Seasonal use or structure. Ski lifts, tows and runs. r Well water treatment facilities. Section 21. Article 12-81), Ski Base Recreation District, of the Vail Town Code is hereby amended as follows: 12-8D-2: PERMITTED USES: - F. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: ;- Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Red and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Communications antennas and appurtenant equipment. Food and beverage cart vending - Public, private or quasi -public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities.: Seasonal structures to accommodate athletic, cultural, or educationaLactiyflies. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. EmpfoYaa-Housing-Umks, . Ssecllon 22. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows: -.� 12-8E-2'. PERMITTED USES: A, The following uses shall be permitted within the ski base/recreation 2 district: Eating and drinking establishments including the following: Bakeries and delicatessens with food service, restricted to preparation of products specifically for sale on the premises. Cocktail lounges and bars. Coffee shop. Fountains and sandwich shops. Restaurants. Employee Housing Units, as further regulated by Chapter 13 of this Title. Lodges. Private "public off street loading facilities. Private or public off street vehicle parking structures. Public parks and outdoor recreation facilities. Residential uses including the following: Accommodation units. Multi -family residential dwelling units. Single-family residential dwelling units. THE VAIL DAILY 970.949.0555 I Two-family residential dwelling units. Ski base oriented uses including the following: Commercial ski storage on the basement or garden level of a building. Retail stores and establishments. Ski lifts and tows. Ski patrol facilities. Ski racing facilities. Ski school facilities. Ski trails. Skier and guest services including, but not limited to, uses such as basket rental, lockers, ski repair, ski rental, lift ticket sales, public restrooms, infornationiactivity, desk. Snowmaking facilities. Special community events, including, but not limited to, ski races, festivals, concerts, and recreational, cultural and educational programs and associated Improvements/facilltles, subject to the Issuance of a special events license. 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the Issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Communications antennas and appurtenant equipment. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12.3-4 of this title. Section 23. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows: 12-913-2: PERMITTED USES: The following uses shall be permitted in the P district: Private or public unstructured off street vehicle parking. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-98-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to Issuance of a conditional use permit In accordance with the provisions of chapter 16 of this title: Communications antennas and appurtenant equipment. Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a "temporary construction staging site" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment. vehicles and construction trailers may be stored. Enipleyee 1 lousing Units, 12-98-5: DEVELOPMENT STANDARDS: Development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Parking and loading. Section 24. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows: 12-9C-2: PERMITTED USES: The following uses shall be permitted in the GU district: Bicycle and pedestrian paths. Communications antennas and appurtenant equipment. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space 12-913-3: CONDITIONAL USES: A. Generally: The following conditional uses shall be dermitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this tftle: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. _ Public and private schools. Public and quasi -public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public totmet/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. utNl Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Water and sewage treatment plants Section 25. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows: 12-134: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning districts permined by right at, eY<o^ °^amu°° I " TOrensfaus cn a 4 Additional Additional Site Coverage Landscape Area Gerogemaximum Cred /Storage Requirement Parking Murruirs/ GRFA of an EHU Density Type I psimitiTh. EHU The EHU is Site Allowed 300 Per Chapter N/A The EHU is Primary/Secondary may be sold entitled to Coverage: sq. h. of 12-10 as a allowed as Residential, Two -Family or transferred separately. an additional 550 sq. The site is entitled to garage area per enclosed dwelling unit. a second unit on the Residential ft. GRFA - an additional vehicle space Property. (only on lots less deduction. 5% of site at a maximum than 14,000 sq. ft, coverage for of 2 parking - - in Size) the EHU. Spaces (600 sq. ft.). Landscape All units not Area: constructed The site is with a garage entitled to ashalt be reduction of required a - landacape minimum area by 5% 75 sq. ft. of (reduced to storage area 55% of site in addition to rea)forthe normal closet EHU. space. This ' 75 sq. ft. shall be a credit for - storage only. Type II -- - -- The EHU shall The EHU is N/A Allowed Per Chapter 300sq. ft. The EHU is Single -Family not -be sold entitled to 300 sq. ft. 12-10 as a min. and allowed as a Residential, Two- or transferred an additional of additional dwelling unit. 1,200 sq. h. shim unit on Family Residential, separately 550 sq. garage area x. property. Primary/Secondary from the unit ft ft. GRFA for the EHU. Residential is associated with. deduction. All units not constructed EentlaianaF ___: with a garage Agriculture 8 Open shall be Space required a minimum - _ 75 sq. ft. of storage area in addition to closet spal ace. This 75 sq. ft. shall be a preen ror store on THE VAIL DAILY II 970.949.0555 II vaildaily.com Saturday, July 5, 2008 C47 1111 EHU Zoning districts permitted by right rat °flBflBF�` 2neierendce AGFFAaI Additional Garage ge Cr Requirement Packing Minimum/ Maximum GRFA of m, EMU Density TypaVil-IZ Zoning districts The EHU The EHU Sifaa Garage Per Chapter Minimum/ Maximum The EHU EHU palmi y rig tted b hi er Ownership/ Transference Additional GRFA / Reduced Reduced Packing GRFA of an Density Zoning �x or transferred from the Landsapa Requirement Requirement dwelling unit telling EHU from the mitigation Housing separately. calculation of Area parking Zoning calculation of Type ill Pso-INI edl/aer The EHU The EHU WA N/A Per Chapter Dwelling The EHU Lionshead Mixed may be sold is excluded 12-10 as a unit: is excluded Lienshead Use I or Mixed separately transferred from calculation the ofmin, dwelling unit. 300 sq. R and tram the calculation of Use 2 Zoning^ka9e. GRFA. 1,200 sq. h. max. density. G-61 -U—. employee Dormitory Real sr, iel Cluster housing unit: Low Density mitigation 200 On. Multiple-Familyaum. Medium Density requirement. each person Multiple -Family occupying High Density the EHU. Multiple -family Public Attommodation Public Accommodation 2 Commercial Core 1 Commercial Care 2 Commercial Core 3 Commercial Service Center Arterial Business Parking District General Use Heavy Service - Ski IS Ski Base/ Recreation 2 Special Development District Type IV Any dwelling unit The EHU N/A N/A WA Per Chapter N/A The EHU is may be designated may be sold 12-10 as a alculated as and dead eatritted or transferred dwelling unit. density. s a Type IV EHU, separately. unless already designated as as EHU. Type IV -CL Pemritte944sr The EHU WA N/A WA Per Chapter Per Chapter The EHU is (Commemial Any dwelling unit may, be aold 12-10 as a 12-23, calculated as Linkage may be designated wiranstertetl dwelling unit. Commercial density. mitigation end deed restricted s¢parately. Linkage unit) EHU unless already shall bTheEe inked designated as an to a spec EHU. Commercial Unkage employee housing mifigation rement. Type IV-IZPerrcaeA Hse'- The EHU WA WA WA Per Chapter Per Chapter The EHU is (Inclusionary Any dwelling unit may be sold 12.10 as a 12-24, Iculated as Zoning may be designated or transferred dwelling und. Inciasicnary density mitigation and dead restricted separately. Zoning unit) as a Type IV -1Z The EHU EHU; unless shady shall be linked - designated as an to a specific EHU. Inclusionary Zoning employee housing mitigation ement. Type V Pemmfka-Usr- The EHU shall WA WA Per Chapter 1,200 sq. tt. The EHU is Hillside Residents] not be sold or tmnsfened 12-10 as a dwelling unit. max. allowed as a second separately �11A unit ceche from the unit 0 property. is associated with. Type VI Gendivonel-Hse: As governed As As As determined Per Chapter As As Housing by the determined determined by Me PEC. 12-10 es a determined by the PEC. exit mime! by Me PEC. Imanagement plan.a by Me PLPEtlwelling unit e perking snits not bemanagement sabdivided orplan per Article divided Into12-61, Housing any form ofDistrict lime shareown, Interval ership, o hac(lonal leer unit. Type VII -CL .^— ""' -' The EHU The EHPer Chapter Par Chapter The EHU (Commercial High Density may be sold Is excluded 12.10 as a 12-23, is excluded from Linkage Multiple Family, or irensferted from the dwelling unit Commercial the of mitigation Housing separately. mutation of or a parking Unkage celculab density. unit) District, Public Accommodation, The EMU shall be linked GRFA. management plan par Public to a specific Chapter 12-23, Accommodation 2,Commercial Commercial Commemial Core 1, Linkage Linkage Commercial Coe 2, employee Commercial Core housing 3, Commercial mitigetian Service Center, requirement. Arterial Business, General Use, Uonshad Mixed Use 1, Lionshead Mixed Use 2, Ski Basertlarmation, Ski 13ase/11—often 2, Perking District, and $pedal ' Development D151ricis EHU Zoning districts permitted by right rat °flBflBF�` 2neierendce AGFFAaI Additional Sera Reduced Landscape Area Garage ge Cr Requirement Packing Minimum/ Maximum GRFA of m, EMU Density TypaVil-IZ — '- The EHU The EHU WA WA Per Chapter Per Chapter The EHU (Inclusionary High Density may be sold is excluded 12-10 as a 12-24, Is excluded Zoning Multiple Family, or transferred from the dwelling unit telling Inclusionary from the mitigation Housing separately. calculation of parking Zoning calculation of unit) District, Public The EHU GRFA. management density. mm Accoodation, Public shall be Linked to a specific plan per Chapter 12-24, Accommodation 2, Inclusionary Inclusionary Cammercial Core 1, Zoning^ka9e. Commercial Cora 2, employee Commercial Core housing 3, Commercial mitigation Service Center, requirement. Aderial Business, General Use, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski IS Ski Base/Recreation 2, Parking District, C'nd amensopecial t p Disiccis Section 26, Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12-16-8: PERMIT APPROVAL AND EFFECT: Approval of a conditional use permit, or an amendment to an existing conditional use permit, shall lapse and become void H a building permit Is not obtained and construction not commenced and diligently pursued toward completion or the use for which the approval has been granted has not commenced within two (2) years from when the approval becomes final. Approval of a conditional use permit shall also lapse and become void 0 the use for which the approval has been granted is discontinued for a period of two (2) years, regardless of any intent to resume operation of the use. Section 27 Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby amended as follows: 12.15.10: AMENDMENT PROCEDURES: 1. The Administrator may approve amendments to an existing conditional use permit (Including, but not limited to, additions to buildings and structures associated with the use, changes to the operation of the use, changes to the previous conditions of approval, etc.) H the Administrator determines the amendment meets thefollowing criteria: a. The amendment is In accordance with all applicable elements of the Vail Town Code and the Vail Comprehensive Plan; and, b. The amendment does not significantly atter the basic character or Intent of the original conditional use permit; and, C. The amendment will not adversely affect the public health, safety, and welfare. 2. All amendments to an existing conditional use permit not meeting the above listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commisslon In accordance with the proceduresK' described in Section 12-163 of this chapter. Sect'on 28. Chapter 14-10, Design Review Standards and Guidelines, of the Vail Town Code is hereby amended as follows: 14-10-12: Communications antennas and appurtenant equipment: Communications antennas and any associated appurtenant equipment should be Integrated Into existing principle buildings and structures. All antennas and appurtenant equipment shall be located and screened se, as not to detract from the overall site design quality. Section 29. It 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 declaresIt would have passed this ordinance, and each pan, 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 30. 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 31. 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 pmviousy repealed or superseded unless expressly stated herein. Section 32. 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 cronat ved 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 FIRSiv_ READING this 1" day of July, 2008 and a public hearing for second reading M this Ordinance at for the IS- day of July, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Published in the Vail Daily, July 5, 200x. There's a better way. Realtors and newspaper classifieds are the first sources people turn to when they're looking for real estate information. So doesn't it just make sense to sell your home through a Realtor who uses the newspaper classifieds? With one quick call, your Realtor can sell thousands of buyers all the special things about your home. they happen to pass by a particular telephone pole. Plus, the newspaper proves itself every »W"•� r day. It works. In fact, more than half of homebuyers say they don't just read classified real estate ads: they actually act on them. And the newspaper reaches them when they're So, highlight your home in the medium that gets actually looking for a house to buy - not just when homebuyers moving. Open doors with the Clessiflads• Newspaper Association of America I acknowledge the accuracy of the May 24 Ordinance No. 13, Series of 2008, publication. CA YYVII, TmtM. att Mir , own toe Maiming �ackel 1�-neJe. ?)t4vivier AUses An I -- -• - 1.S4xea 1 41111,a 4.3ezuaily of Mgulationa which to 112-16-7, vast ,fawn Code, �I8 hereby amerced W add new SeCdodfi2-I&M-19, Vail ad as folfoaKN% ECIFIC tRITOMIA AND STANDARDS: leria and steskIl ods shall be applioWe to the uses listed below In consideration of a aermit. These Criteria and standards shall be in addltibn to the criteria and fRidifts n 12-18.8 of #99 chapter. Me: IWaMysslardldbuaM>rpew, � _ � Isr} bf Wrissaea afa08u faataad a minimum at -Om bundred test from any: i Of -attt�matArl ON FIRST RFAAtay, 2(108 '$ rmce set for the Nue . in the Com ifs i"AF �� ondo. Jj PiO—mrd D. Cl a " A: �� �hedirlte,�M�r24,2008.(159f963} .� 1wes w- mr.(W 44.y it iR N AD, C 345-9937.',4*. I acknowledge the accuracy of the June 7, 2008 publication of Ordinance No. 13, Series of 2008. d► A/vt Matt Mire, Tow ttorney �zm jll� k ORDINANCE NO. 14 the World thae Wab than tnrough traditional SERIES 2006 WHEREAS, ins members of the Town Coonan of newspapers; antl the Town (the "Council") have been duty elected AN ORDINANCE AMENDING TITLE 1, CHAP- and qualified; and WHEREAS, the provisions of this ordinance pro. TER 3, SECTION 2 OF THE VAIL TOWN CODE BY THE ADDITION OF THE DEFINITION OF THE WHEREAS, Section 4.10 of the Charter requires vide for the greatest dissemination of mtcrell to the citimir a of the Town regarding matters of poo WORD "PUBLICATION"; AND SETTING FORTH publication of ordinances upon their introduction 9c concern; and DETAILS IN REGARD THERETO. and adoption; and WHEREAS, the considers it lf the interest WHEREAS, the Town of Veil, in the County or Es- WHEREAS, the Charter dose not define whet is of the public health, safely.. and welfare to adopt health, sa and State of Colorado Ime 'Town"), is a name required by'pubilution;' and This amendment to the Vail Town Code, rule rule municipal corporation or organized and ex- to o isting under laws of the State of Colorado and the WHEREAS, the Council understands that more Town Charter (the 'Charter"); and and more citizens an receiving information through NOW, THEREFORE, F IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ORDINANCE NO, 13 SERIES OF 2008Title 1, Chapter 3, Section 2 11 11, Vail AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS TO CHAPTER 12-2, DEFINI- own d. Is hereby amentletl by the addition of Iha definition off,. fthe word "publication" which shall TONS, ARTICLE 12-70, HEAVY SERVICE DISTRICT, CHAPTER 12-14, SUPPLEMENTAL REGULA- TIONS, AND CHAPTER 12-16, CONDITIONAL USE PERMITS. VAIL TOWN CODE, TO ALLOW FOR read as follows: SEXUALLY ORIENTED BUSINESSES AS A CONDITIONAL USE IN THE HEAVY SERVICE DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. Publication,pubikhor Faiths purposse of the Charter. ntl ,hie code, except where PublsheMpubllcatlon In a newspaper is spwrlical- WHEREAS, on May 12, 2008. the Planning and Environmental Commission of the Town of Vail laid a public heedngg antl reviewed and to a recommerdatlon of approval far the proposed text emend• ly rerVluiretl by the Charley, an Ordinance or state statute, the term ipublicatlon"publish" or "pub - Monte to the Zo ing Regulation. to the Vail Town Council in accordance with the procedures and criteria Ilehetl' shall mean a minimum two (2j of the fol- andfindings outllnetl in Chapter 12.3 of the Zoning Regulations of the Town of Vail: and, lowing throe (3)methotls: (i) Postingon the Town's Web site; (2) Physical at the Town WHEREAS, the Town Council finds and determines mat sexually oriented businesses produce adverse posting of Vail Municipal 6Buildin9: or (3) Publication in a secondary effects on the pubic health. as cry and Wettare. and newspaper of general circulation in the Town. WHEREAS, such adverse secondary effects include increased rate. of cerlain crimesincluding prostnu- SegBon 2,I1 any part. soot -on, subsection, sen• tion, robbery, essauh, iheff, bhenng. pantlerng end publl. intoxkatien, tiro spraetl of eazualy trensmmetl tam . c suss or phrase of this ordinance is for any tlbeaaes. tit¢ tlabasem.nt of both men and women, a decrease In property values for surrounding pmpar. ties, and noise. parking and trettb problemsand r .eon held to be invalid, such decision shall not ell ct the valbtry of the remaining pentons of This ordinance; and Iha Town Council hereby declares it WHEREAS, such adverse secondary effects occur most often In the areas Immediately surrounding such businesses; and would nave passed this ordinance: and each part, ...tion, subsection. sentence, clause or phrase WHEREAS, the Town Council, In enacting this ordinance, sxpmsslyy miles on the findings of the 10th Cir- cuit Court of Appeals in Z.J. Gifts D-2, LLC v. City of Aurora. 136 F.3tl 6B3 (loth Cir. 1998), rev.rsed on other g ounds et 311 F.3tl 1220 (10th Cir. 2002). reversetl et 54: U.S. 774 (2004). and Eamen.e, in.. v. Cit1yy . Fad mI Heights, 285 F,3tl 1272 (10th Cu- 2002). concerning the adverse secondary effects of sax- uafy oriented businesses on communities in Colorado antl elsewhere: and WHEREAS, the Town Council, In enacting this ordinance. expressly relies on the finding. of the United Statss Sup ems Court in Cly of Los Angeles v. Alameda Books, Inc., 596 U,S. 425 (2002), Renton v. Playtime Theatres. Inc., 475 U.S. 41 (1986), snit Boos v. Barry, 486 U.S. 312 (1988), concerning the ad- verse secondary effects of ... ualty odmnted busineasen an surtoundinQQ areas: aid WHEREAS, to reduce the adverse secondary effects caused by eaxuatry oriented businesses in the Town, the Town Council deems It appropriate and necessary to amend its current regulations and to adopt new regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLO- RADO, THAT: Section 1.Sectbn 12-2-2, Vail Town Code, is hereby amended as follows. SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret. adult motion of. - lure thee,.' or.duh theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional I{ceneed by the State of Colorado engages in approved and recognisetl sexual therapy. $action 2 Section 12.763, Vail 'I own Codeis hereby amended as follows: 12-70 -3: CONDITIONAL USES. aco following conditional uses shall be permitted, subject to Issuance of a conditions use permit In accordance with the provisions of chapler 16 of this title: Animal hospitets and dog kennels. Automctive aervke atahon.. Building materials stores. Business offices. Commercial laundry and cleaning aerv�cos. Corporation yarns. Machine shops. Motor vehicle sales and services. Repairgarages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski Ills and tows, and accessory dwelling unit for servko personnel. Tire sales and services. including retreading and recapping. Transportation busin..... Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for ins operation thereof. Addili.nal commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of saction 12-3.4 of this title. SecS�Section 12-16-7. Vail Town Code, is hereby amended to add now Section 12-16-7A-16, Vail OWn Cotle, t0 read a. follow.: 12-167: USE SPECIFIC CRITERIA AND STANDARDS' The Iellowing .diad. and standard. shall be applicable to the uses listed below in consideration of a conditional use permit. The.. criteria and standards shall be in addition to the criteria and findings required by section 12-18-6 of this chapter. A. Uses And Cil 12-16-7A-16: Sexually oriented businesses. 1.8exually oriented businesses shall be located a minimum oI five hundred feet from any: ..Religious Institution b.Publk park c. Library tl.State-ficensed day care facility; e.School or educational facility serving persona under eighteen year. of age; or f.Any other sexually oriented business. 2.The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. Distance between any sexually oriented business and any religious institution, school or public park shall be measured in a straight line, without regard to Intervening structures. from the near eat portion of the structure used for the sexually oriental busin.as to the nearest property lino of the religious in.titutton or school, or the nearest boundary of the public park. 3.5exually explicit advertisements or other promotional displays for sexually oriented business.. that are harmful to minors shall not be visible to minors from pedestrian ways, walkways or other public areas, 4.Sexually oriented businesses shall obtain a license pursu.nt to Title 4, Business and License Regulations, Veil Town Code, as s condition of approval for a conditional use permit, Section 4, it any part, 6ecbdn. subsection, sentence, clause dr phrase of Ims ortlmance is for any reason he. to be invalid. such decision shall not affect the validity of the remaining portions of this ordinance; end the Town Council hereby declares it would have passed ,hie ordinanc., and sacs part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases ba declared invalid. Section 5. he Town Council hereby finds, determines and tleclaree that this ordinance is necessary and proper for the hea8h, salary and welfare of the Town of Vail and the Inhabitants thereof, "or"', reg"oil" of the fact that any one m or ore parts. sedtons. subsections, sentences. cleuses or phrases be declared —fixe. 9..t 3.Ths amendment of any prevision of the own ode as Prov... In title ordinance shall not affect any right which hes accruetl, any Bury Im- pposed any violation that occurred prior to the ef- tective date hill arty prosecution commenced nor any other action or proceeding as commenced under or by virtue of Itro provisionreamended. The amendment of any proviamn heby shell not to- vivs any provision or artyordinance prevcusly re - pe' d or supersoft unless expressly stated herein. Section 4A" bylaws, orders, resolutions and ordi- nances, or parte thereof, inconsistent herewith are pealed to the extent only of such Inconsistency. This repealer shall not be construed to revise any bylaw, Order, resolution or ordinance, or part there - ot,lheretofore repeated. Section 5.1 he Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety end ..I are of the Town o1 Vail and the Inhabitants thereof. INTRODUCED, READ ON FIRST READING. AP- PROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of June, 2008 antl a public hearing for second reeding of this Ordinance set for the 17th day of Jun., 2U08. n the Council Chambers of the Vati Municipal Building, Val, Colorado. Richard Cleveland Town Mayor Afraid: Lorelei Donaldson. Town Clerk Published in the Val Daly June 7, 2008. (1888445) ~I acknowledge the accuracy of the May 24 Ordinance No. 13, Series of 2008, publication. lM, att Mir ,Town orne ftg �GIG✓12I 1��n J e, ?)m .1 aer X36 Saturday, May 24, 2008 i ) ORDINANCE NO. 13 SERIES OF 2008 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS TO CHAPTER 12-2, DEFINI- TIONS. ARTICLE 12-7G, HEAVY SERVICE DISTRICT, CHAPTER 12-14, SUPPLEMENTAL REGULA- TIONS, AND CHAPTER 12-16. CONDITIONAL USE PERMITS, VAIL TOWN CODE, TO ALLOW FOR SEXUALLY ORIENTED BUSINESSES AS A CONDITIONAL USE IN THE HEAVY SERVICE DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on May 12, 2008, the Planning and Environmental Commission of the Town of Vail held a Public hearing and reviewed and forwarded a recommendation of approval for the proposed text amend- ments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that sexually oriented businesses produce adverse secondary effects on the public health, safety and welfare: and WHEREAS, such adverse secondary effects include increased rates of certain crimes, including prostitu- tion, robbery, assault, theft, loitering, pandering and public intoxication, the spread of sexually transmitted iseases, the debasement of both men and women, a decrease in property values for surrounding proper - es, and noise, parking and traffic problems; and WHEREAS, such adverse secondary effects occur most often in the areas immediately surrounding such businesses; and WHEREAS, the Town Council, in enacting this ordinance, expr ssly relies on the findings of the 10th Cir- cuit Court of Appeals in Z.J. Gifts D-2, LLC v. City of Aurora, 136 F.3d 683 (10th Cir. 1998), reversed on other grounds at 311 F.3d 1220 (10th Cir. 2002), reversed at 541 U.S. 774 (2004), and Essence. Inc. v. City of Federal Heights, 285 F.3d 1272 (10th Cir. 2002), concerning the adverse secondary effects of sex- ually oriented businesses on communities in Colorado and elsewhere; and WHEREAS, the Town Council, in enacting this ordinance, expressly relies on the findings of the United States Supreme Court in City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Boos v. Barry, 485 U.S. 312 (1988), concerning the ad- verse secondary effects of sexually oriented businesses on surrounding areas; and WHEREAS, to reduce the adverse secondary effects caused by sexually oriented businesses in the Town, the Town Council deems it appropriate and necessary to amend its current regulations and to adopt new regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLO- RADO,THAT: Section 1 Section 12-2-2, Vail Town Code. is hereby amended as follows: SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion pic- ture theater or adult theater, except an establishment where a medical practitioner, psychologist, Psychiatrist or similar professional licensed by the State of Colorado engages in approved and recognized sexual therapy. Section 2.Section 12-7G-3, Vail Town Code, is hereby amended as follows: 7G-3: CONDITIONAL USES: ne following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices laundry and cleaning services. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional Commercial services determined to be similar to the conditional uses set out in this section in THE VAIL DAILY 970.949.0555 vaildaily.com Legais lk Section 3.Section 12-16-7, Vail Town Code, is hereby amended to add new Section 12-16-7A-16, Vail Town Code, to read as follows: 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. Uses And Criteria: 12-16-7A-16: Sexually oriented businesses. 1.sexually oriented businesses shall be located a minimum of five hundred feet from any a.Religious Institution b.Public park c. Library d.State-licensed day care facility; e.School or educational facility serving persons under eighteen years of age; or f.Any other sexually oriented business. 2.The distance between any two sexually oriented businesses shall be measured in a straight line, j,v4thout regard to intervening structures, from the closest exterior structural wall of each business. "Distance between any sexually oriented business and any religious institution, school or public park shall be measured in a straight line, without regard to intervening structures, from the nearest portion of the structure used for the sexually oriented business to the nearest property line of the religious institution or school, or the nearest boundary of the public park. 3.Sexually explicit advertisements or other promotional displays for sexually oriented businesses that are harmful to minors shall not be visible to minors from pedestrian ways, walkways or other public areas. 4.Sexually oriented businesses shall obtain a license pursuant to Titre 4, Business and License Regulations, Vail Town Code, as a condition of approval for a conditional use permit. flection 4. It 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 S.The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6.The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ufdinance previously repealed or superseded unless expressly stated herein. Section 7.All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of May, 2008 and a public hearing for second reading of this Ordi- nance set for the 3rd day of June, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Col- orado. Richard D. Cleveland, Mayor Attest: 4orelei Donaldson, Town Clerk Published in the Vail Daily May 24, 2008. (1591363) INFO! Leads to more qualified applicants. Use tele -interview to conduct automated voice interviews with prospective employees. You record your questions, we record their answers. is l y I acknowledge the accuracy of the May 24 Ordinance No. 13, Series of 2008, publication. CA yyv\� OA rt -A+ tM. att Mir , Town orne 11 Ill. iS ke I Fn---eje) ?)t4 V, yier T— d36 X 2008 ORDINANCE NO. 13 SERIES OF 2008 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS TO CHAPTER 12-2, DEFINI- TIONS, ARTICLE 12-7G, HEAVY SERVICE DISTRICT, CHAPTER 12-14, SUPPLEMENTAL REGULA- TIONS, AND CHAPTER 12.16, CONDITIONAL USE PERMITS, VAIL TOWN CODE, TO ALLOW FOR SEXUALLY ORIENTED BUSINESSES AS A CONDITIONAL USE IN THE HEAVY SERVICE DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on May 12, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amend- ments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that sexually oriented businesses produce adverse secondary effects on the public health, safety and welfare; and WHEREAS, such adverse secondary effects include increased rates of certain crimes, including prostitu- tion, robbery, assault, theft, loitering,. pandering and public intoxication, the spread of sexually transmitted seases, the debasement of both men and women, a decrease in property values for surrounding proper - Ties, and noise, parking and traffic problems; and WHEREAS, such adverse secondary effects occur most often in the areas immediately surrounding such businesses; and WHEREAS, the Town Council, in enacting this ordinance, expr ssly relies on the findings of the 10th Cir- cuit Court of Appeals in Z.J. Gifts D-2, LLC v. City of Aurora, 136 F.3d 683 (10th Cir. 1998), reversed on other grounds at 311 F.3d 1220 (10th Cir. 2002), reversed at 541 U.S. 774 (2004), and Essence, Inc. v. City of Federal Heights, 285 F.3d 1272 (10th Cir. 2002), concerning the adverse secondary effects of sex- ually oriented businesses on communities in Colorado and elsewhere; and WHEREAS, the Town Council, in enacting this ordinance, expressly relies on the findings of the United States Supreme Court in City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Boos v. Barry, 485 U.S. 312 (1988), concerning the ad- verse secondary effects of sexually oriented businesses on surrounding areas; and WHEREAS, to reduce the adverse secondary effects caused by sexually oriented businesses in the Town, the Town Council deems it appropriate and necessary to amend its current regulations and to adopt new regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLO- RADO,THAT: Section 1.Section 12-2-2, Vail Town Code, is hereby amended as follows: SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion pic- ture theater or adult theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State of Colorado engages in approved and recognized sexual therapy. Section 2.Section 12-7G-3, Vail Town Code, is hereby amended as follows: ?-7G-3: CONDITIONAL USES. I ne following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices. Commercial laundry and cleaning services. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. _ Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this section in THE VAIL DAILY 970.949.0555 � vaildaily.com acknowledge the accuracy of the June 7, 2008 publication of Ordinance No. 14, Series ORDINANCE NO. 14 the World Wide Web than through traditional SERIES 2008 WHEREAS, 'he members of the Town Council of newspapers: and the Town (the "Council") have been duly elected AN ORDINANCE AMENDING TITLE 1, CHAP- and qualified; and TER TER 3, SECTION 2 OF THE VAIL TOWN CODE the provisions of this ordinance pro - vide for the greatest dissemination of mlormatbr. to BY THE ADDITION OF THE DEFINITION OF THE WHEREAS, Section 4.10 of the Charter requires the citizens of the Town regarding matters of pub. WORD "PUBLICATION"; AND SETTING FORTH publication of ordinances upon their introduct':.on Ic concern; and DETAILS IN REGARD THERETO, and adoption: and WHEREAS. the Council considers it .n the interest WHEREAS tna -town of Vail, in the County of Ea- WHEREAS. the Charter does not define what is of the public health, salary and welfare :o adopt =State State of Colorado ;tne "Town'). is a home required by'pub xislon;' and this amendment to the Vail Town Code. rule municipal corporation duly organized and sx- sbng On..,laws of the State of Colorado and the WHEREAS. the Council understands that more NOW, THEREFORE, BE 1T ORDAINED BY THE Mown Charter (in.-Chartr''): end ano more citizens are receiving informationthrough TO WN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ORDINANCE NC. 13 SERIES OF 2008 Section 13Ole 1, Chapter 3. Section 2 of the Vail Town Code is hereby am ,ended Code 1 addition ot AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS TO CHAPTER 12-2, DEFINI. then of the word' all catlonewhich sh TIONS, ARTICLE 12-7G, HEAVY SERVICE DISTRICT, CHAPTER 12-14, SUPPLEMENTAL REG LA_ read es follows: TIONS. AND CHAPTER 12-15, CONDITIONAL USE PERMITS. VAIL TOWN CODE, TO ALLOW FOR SEXUALLY ORIENTED BUSINESSES AS A CONDITIONAL USE IN THE HEAVY SERVICE DISTRICT, Publication. publish or For the purposes of the AND SETTING FORTH DETAILS IN REGARD THERETO. Charter and this code, except where Publish.' publication in a newspaper is specifical. WHEREAS, on May 12, 2008. the Planning and Environmental Commission o1 the Town of Vail held a ly required by the Charter. an Ordinance ar stale public hearing and reviewed and forwarded a recommendation of approval for the proposed text amend- statute, the term ipublicatlon' "publish" or "pub- menls W the Zoning Regufations to tna Vail Town Council le accordance with the procedures and criteria fished" shall mean a minimum two (2) of the fol- antl ilndings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, lowing three (3) methods: (i) Posting on the WHEREAS, the Town Council finds and determines that sexually oriented businesses produce adverse Town's Web site; r2) Physical posting at the Town of Vail Municipal �udoing; or (3) Publication In e secondary effects on the public heallh. safety and welfare, and newspaper of general circulation In the Town. WHEREAS, such adverse secondary effects include increased rates of certain crimes. including proatau- Section 2.If any part. section, subsection, san- de , robbery, assault, theft, loitering. pandering antl public intoxication, the spread of sexually transmitted tante, clause of phrase of this ordinance is for any diseases. the debasement Of Doth men and women a decrease in property values for surrounding Once - reason held to be invalid. such decision shall not ties, and noise. parking and traffic problems. and effect the vaLdity of the remaining portions of this ordinance. enJ 1^e Town Council hereby declares it WHEREAS, such adverse secondary effects occur most often in the areas immediately surrounding such businesses; and would nave passed this Ordinance. and each part, section, subsection. sentenceclause or phrase thereof, regardless of the fact that any one or more WHEREAS. the Town Council acting this ominarce, ifilt sl•// relies on the findings of the 10th Cir. parts. sections, subsections. sentences, .lanes or uit Coun of Appeals in Z.J. Gifts 0 2. LLC v. Cityof Aurora. 136 F.3d 683 (10th Cir. 1998), reversed on phrases be declared invalid. other grounds et 311 F.3d 1220(10th Cu. 2002), reversed at 541 U.S. 774 (2004). and Essence. Inc. V. City of Federal Heights. 285 F.3d 1272 (10th Cir. 2002), concerning the adverse secondary offects o' sex. ually orlanted businesses on. communitias in Colorado and elsewha,s. and WHEREAS, the Town Council, in enacting this ordinance. expressly relies on the findings at the United Siatas Supreme Court in City of Los Angelas v. Alameda Books, Inc., 535 U.S. 425 (20021. Raman Y. Playtime Theatres. Inc., 475 U.S. 41 (1986), antl Booa v. Barry, 485 U.S, 312 (1986). concerning the ad- verse secondary etlects of sexually oriented nusinasses on surrounding areas: and WHEREAS, to reduce the adverse secondary etfeMs caused by sexually oriented businesses in the Town, the Town CounCI deems i1 appropriate and necessary to amend its current regulations and to adopt new regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLO- RADO,THAT: Section ].Section 12-2-2, Vail Town Code, is hereby amended as follows: SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion pic- ture theater or adult theater, except an establishment where a medical practitioner, psychologist, psychiatrist or almilsr professional It .... ad by the State of Colorado engages in approved and recognized sexual therapy. Section 2.Section 12-7G-3, Vail Town Code. Is hereby amended as follows'. 12-7G.3 CONDITIONAL USES. tine following conditional uses shall be permitted, subject to issuance of a conditional use permit In wrdance with the omvialuns of chapter 16 of this title: Animal hospitals and dog kennels. AutotnotNe service stations. Building materials stores Bus'r s CO. Commerial laundry and cleaning services. Corporation yams. Machine shoos. Moor vehicle sales and services. Rep:r garages. Repair shops. Seasonal plant product business. 5ezua; Oriented Businesses. "ki IMs and taws, antl accessorydwelling unit for service personnel. Tire sales and servi.es. including retreading and recapping. Transportation buainesses. Trucking terminals antl truck servicis stations. Water .... s. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional commerclet services determined to be similar to the conditional uses set out in this section in accordance with the pfovisons of section 123.4 of this title. Section Section 12-16-7, Vail Town Code. is hereby amended to add new Section 12-16-7A-16, Vail Town C.O., to read as follows: 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the critara and findings ,squired by section 12-16-6 of this chapter. A. Uses And Crlten 12-161 Sexually oriented businesses. ).Sexually oriented businesses shall be located a minimum of five hundred fast from any a.Religious Institution b,Pubilc park c. Library d.State-Ifce... d day care facility; e.School or educational facit0y nerving persona under eighteen years of age; or f.Arry other sexually oriented business. 2.Tha dlatance between any two sexually or embed businesses shall be measured to a straight line, without regard to Intervening structures, from the closest exterior struetunl wall of each business. Distance between any ssxuely oriented business and any religious institution, school e r public park shell, me ... In s straight line, without regard to intervening structures, from the near..., portion of the slrueturs used for the sexually oriented business to the nearest property line of the religious institution or school, or the nearest boundary of the public park. 3.5exualy explicit adverdis "'nta or other promotional displays for sexually oriented businesses that are harmful to minors shall not be visible to minors from pedestrian ways, walkways or other public areas. 41.Sexui oriented businesses shall obtain a license pursuant to Title 4, Business and License Regulations, Vali Town Cede, as a condition of approval fora conditional use permit. Sa tion 4.It any part. seoLon. subsection, sentence, class. or phrase of this ordinance is for any reason heM to be invalid. such decision shall not e6ect the validly of the remaining pentons of this ordinance; and the Town Council hereby declares it would have passed thio ordinance, and each part, section, subsection. sentence, clause or phrase thereat, regardless of the fact that any one or more parts, sections, subaset ons, simian..., clauses or phrases be declared invalid. Sec'ion 5.7ne Town Council hereby finds, daterminea and declares that thio ordinance is necesaery and proper for the hee8h, safety and welfare o! ine Town of Vail and the inhabitants thereof. Section 6.Theamendment of any Provision .'the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior tc the aifeclive date hereof, any prosecution. commenced, nor any other action or proceeding as commenced under or by virtue a, he revision amended. The amendment ei any provision hereby shell not revive any provision or any previously rapealed or superseded unless eflpblasly stated herein. Seim TAll bylaws. orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not oe construed to revise any bylaw, order, resoWtlon or ordinance, or pan thereof. therstoliere repealed. INTRODUCED. READ ON FIRST READING, APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of May, 2008 antl a public hearing :`or second reading of this Ordinance set for the 3nd day of June, 2008. ,n the Council Chambers of the Vali Municipal Building, Vail. Colorado. ,,chant G. Cleveland Mayor Attest. _orolei Denaldson Town Clerk __ INTRODUCED. READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3rd day of June. 2006. Richard D. Cleveland. Mayor Atte.: i_orelsi Donaldson, Town Clark Published in the Vail Daily June 7, 2006. (1668851) Section 3 ?he amendment of any provision of the Town Code as or video in this ordinance shall not affect any right which has accrued. any duty I- IF - IF .d sv,olation thal occurred prior to the at - . da ersotany prosecution commenced, ,or any other action Or proceeding as comma ed under or by virtue of the Provision ame need, n7he oddment of any provision hereby shall not ra- vivc any provision. cr any ordinance previously :e- p..led or superseded unless expressly .rated hx�jo 44.AII bylawsorders. resolutions and ordi- nances, p, parts thereof, inconsistent herewith ate rapealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part there- of,ihereto!ora repealed. Section 5.11 Council hereby rinds, determines and declares the: this Ominarcir is nepea. ryand gaper for the health. safety and welfare of the own of Vail and the Jobanhants thereof. INTRODUCED, READ ON FIRST READING. AP- PROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING 'his 3rd day of June, 2008 and a public hearing for second reading of this Ordinance at for the 17th day of June, 2008. in the Council Chambers of the Vail Munic,pal Building, Vail. Colorado, Richard Claudette, Town Mayor Attest: Lorelei Donaldson. Town Clerk Published in the Vail Daily June 7. 2008. (1668445) ,.. fcxxa We're faced with a substantial pile of the "stuff„ that we may neither want or need anymore. But rather than have it all end up in the landfill, there's a few things that we can do to help out the environment. Chemicals: Try to avoid throwing chemicals and items such as batteries into the trash. They should all go to a toxic waste depot. CHEW TAHOE 2000 SOLD! The Auto Photo Ads match sellers with buyers from Summit County to the Western Slope. Available in print and online. I acknowledge the accuracy of the July 19, 2008 publication of Ordinance Number 15, Series of 2008. 4 , P" � - - t1)142( -j / 0 Matt Mire, wn Attorney , jj k- "& Fot�41 ��cde T �ar►�«� B34 Saturday July 19 2008 THE VAIL DAILY 970.949.0555 vaildaily.com Legals ORDINANCE NO. 15 SERIES OF 2008 ORDINANCE 15, SERIES OF 2008, AN ORDINANCE AMENDING SECTION 10.1-2, ADOPTED CODES, VAIL TOWN CODE, IN ORDER TO ADOPT THE 2008 NATIONAL ELECTRICAL CODE, AND SECTION 1D-1-9, ELEC- TRICAL CODE AMENDMENTS, VAIL TOWN CODE, IN ORDER TO ADOPT AMENDMENTS TO THE 2008 NA- TIONAL ELECTRICAL CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the National Fire Protection Association amended NFPA 70, commonly referred to as the 2008 edition of the Nations] Electrical Cade; and WHEREAS, the State of Colorado wig officially adopt the 2008 edition of the National Electrical Code on August 1, 2008; and WHEREAS, the Vail Town Council finds that the proposed amendments further the development objectives of the Town of Veil; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and Promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE R ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Sectlon 1. The purpose of this ordinance is to amend Section 10-1-2, Adopted Codes, and Section 10-1.9, Electrical Code Amend. ments, Vail Town Code, in order to adopt the 2008 version of the National Electrical Code. (Text that is to be deleted i—thekert. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Sectlor 2. Section 10-1.2 is hereby amended as follows: 10.1-2: ADOPTED CODES: G. Electrical Code: The national electrical code, 20862008 edition, is hereby adopted by reference. The national electrical code is published by the National Fire Protection Association, Inc., One Batterymarch Park, Quincy, MA 02269. Beading. Section 10-1-8 is hereby amended as follows: 10-1-9: ELECTRICAL CODE AMENDMENTS: The following amendments are hereby made to the national electrical code, 2005 2008 edition: A. Article 110.80 - Multi -Family Dwelling Units. Article 110.80, Multi -Family Dwelling Units, shall be established as follows: In mufti -family dwelling units, no electrical wiring or feeder cables shah pees from one unit to another. Common walls and common spaces shall be exempt from this requirement. B. Article 230, Part II - Overhead Service -Drop Conductors. Article 230, Part II, Overhead Service -Drop Conductors is hereby deleted in its entirety and replaced with the following text: Overhead services shag not be permitted within the town of Vail. C. Article 230.32- Protection Against Damage. Article 230.32, Protection Against Damage is hereby amended to add the foi- lowing text: (a) Underground service shag be installed in approved conduit from the utility transformer to the electric meter/disconnect switch, and to the main circuit breaker (service entrance). D. Article 250.52 - Grounding Electrodes. Article 250.52 shall be amended to include the following text: (C) For new con- struction, electrical services shall be bonded to a concrete encased electrode. Where the water pipe is metal, it shall also be bonded within five feet of water entrance. E. Article 300.5 - Underground Installations. Article 300.5, Underground Installations, is hereby amended to add the follow ing text: All underground electrical wiring of 120 volts or more shag be installed in PVC conduit. Minimum depth of 18 inches from the top of the conduit and warning tape is required per4he-NEG. F. Article 310.5 - Conductors For General Wiring. Article 310.5, Conductors For General Wiring shag hereby be amended to add the following text: Aluminum wire or copper clad aluminum wire smaller than e8 AWG shall not be permitted. G. Article 334.12 - Uses Not Permitted. Article 334.12, Uses Not Permitted, is hereby amended to add the following text: c) Type NM, Type NM cables shall not be used under the following conditions: (1) Any building containing occupancy groups A, B, E, F, H, I, M, S, ss defined in 2003 international building code, H. Article 410.4(D) - Bathtub And Shower areas. Article 410.4, Bathtub And Shower Areas, is hereby amended to add the following text: Fixtures in bathtub and shower area shall be rated for the use (damp/wet location) and shall have a lens on the fixture trim. P. 1 he moli1afieri 80 me it! ftem Sectlnn 4. The building codes adopted by this ordinance shall be effective for all building permit applications received by the Town of Vail, Department of Community Development, Building Safety and Inspection Services, on or after August 5, 2008. Sectlon e. 0 any part, section, subsection, sentence, clause or phrese of this ordinance is for any reason held to be invalid, such decision shag 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 parte, sections, subsections, sentences, clauses or phrases be declared invalid. Settlor 6. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and wagers of the Town of Vail 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. inection e. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith ere repealed to the extent only of such Inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of July, 2008, and a public hearing for second reading of this Ordinance at for the 5th day of August, 2008, in the Council Chambers of the Vail Municipal Building, Vag. Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Published In the Vail Daily July 19, 2008 A PICTURE is worth a THOUSAND WORDS... how about eight pictures AND a thousand words! Add photos and extra text to the online version of your classified ad. Give readers more info on what you are advertising. 5i I acknowledge the accuracy of the 08.09.08 publication of Ordinance No. 15, Series of 2008. '44,z5 cx/ Matt Mire own Attorney Martin Haberle, Chief Building Official C40 Saturday, August 9, 2008 ORDINANCE NO. 15 SERIES OF 2008 ORDINANCE 15, SERIES OF 2008, AN ORDINANCE AMENDING SECTION 10-1-2, ADOPTED CODES, VAIL TOWN CODE, IN ORDER TO ADOPT THE 2008 NATIONAL ELECTRICAL CODE, AND SECTION 10-1-9, ELECTRICAL CODE AMENDMENTS, VAIL TOWN CODE, IN ORDER TO ADOPT AMENDMENTS TO THE 2008 NATIONAL ELECTRICAL CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Nations] Fire Protection Association amended NFPA 70, commonly referred to as the 2008 edition of the National Electrical Code', and WHEREAS, the State of Colorado will officially adopt the 2008 edition of the National Electrical Code on August 1, 2008: and WHEREAS, the Vail Town Council finds that the proposed amendments further the development ob- jectives of the Town of Vail; and WHEREAS, the Vail Town Council finds that the amendments promote the heaith, safety, morels, and general waiters of the Town and promote the coordinated and hertnanious development of the Town in a manner that conserves and enhances Its natural environment and its established character as resort and residential community of the highest quality. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COL- ORADO,fHAT: Section ".pt purpose of this ordinance b to adopt the 2008 National Electrical Code. (Text that is to be deleted is -s4 -r -w -k -e -n-. Text that Is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 10-1-2 is hereby amended as follows: 10.1.2: ADOPTED CODES: G. Electrical Code: The national electrical code, -2-0-0-5- 2008 edition, is hereby adopted by reference. The national electrical code is published by the National Fire Protection Association, Inc., One Battery- mamh Park, Quincy, MA 02269. Section 3, Section 10-1-9 is hereby amended as follows: 10.1-9: ELECTRICAL CODE AMENDMENTS: The following amendments are hereby made to the nation- al electrical code, -2-0-0-6-2008 edition: A. Article 110.80 - Muth -Family Dwelling Unita. Article 110.80, Multi-Famiy Dwelling Units, shell be estab- lished ea follows: In mufti -family dwelling unite, no electrical wiring or feeder cables shall pass from one unit to another. Common walls and common spaces shall be exempt from this requirement. B. Article 230, Part 11 - Overhead Service -Drop Conductor%. Article 230, Pan ll, Overhead Service -Drop Conductors is hereby deleted in its entirety end replaced with the following text: Overhead services shag not be permitted within the town of Vail. C. Article 230.32 - Protection Against Damage. Article 230.32, Protection Against Damage is hereby amended to add the following text: (a) Underground service shell be installed In approved conduit from the uHIOy transformer to the electric meteddisconnect switch, and to the main circuit breaker (service en- trance). 0. Article 250.52 - Grounding Electrodes. Article 250.52 shag be amended to include the following text: (C) For new construction, electrical services shall be bonded to a concrete encased electrode. Where the water pipe to metal, it shall also be bonded within We feet of water entrance. E. Article 300.5 - Underground Installations, Article 300.5, Underground Installations, is herebyy amended to add the fallowing text All underground electrical wiring of 120 voXs or more shall be !note ad in PVC conduit. Minimum depth of 18 inches from the top of the conduit and warning tape Is required-p-e-r- 4-h-e--N-E-C-. F. Article 310.5 • Conductors For General Wiring. Article 310.5, Conductors For General Wiring shall hereby be amended to add the following text: Aluminum wire or copper clad aluminum wire smaller than e8 AWG shag not be permitted. G. Article 334.12 - Uses Not Permitted. Article 334.12, Uses Not Permitted, is hereby amended to add the following text: c) Type NM. Type NM cables shell not be used under the following conditions: (1) Any builtling containing occupancy groups A, 8, E, F, H, I. M, S, as defined in 2003 international building code. H. Article 410.4(D) -Bathtub And Shower areas. Article 410.4, Bathtub And Shower Areas, Is hereby amended to add the following text: Fixtures In bathtub and shower area shell be rated for the use (damp/wet location) and shag have a lens on the fixture trim. — SECTIONS I AND J ARE STRICKEN — — I. Persons engaged in the installation of remote control, low energy power, end signal circuits as defined in articles 720 end 760 or this code, need not be licensed themselves pureuant to title 12, article 23, Colorado Revised Statutes, nor work under the supervision of such licensed el.m.iens; however, ell such persons shall register with the state electrical board. Proof of registration shall be produced by the registrant and an application for contactor registration shall be provided to the town of Vail fire marshal for review in accordance with section 4.7.2 of this code. ----•------------ -- J.AII such installations of remote control, low energy power and signal systems are subject to the permits and Inspections set forth in 12-23-111 (24) Colorado Revised Statutes. Accordingly, ell inctella- uons of remote control, low energy power and signal systema mutt be pertormed In accordance with the minimum standards set fort In the national electro] code. -------- -- -SECTIONS I AND J ARE STRICKEN — Section 4. The adoption of the 2008 National Electrical Cade shall be effective for ell permit applications received by the Town of Vail, Department of Community Development, Building Safety and Inspection Services, on or after August 18, 2008, Section S. If any pen, section, sub...lion, 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 ordi- nonce; and the Town Council hereby declare. 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, section., 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 weRare of the Town of Veil and the inhabitants thereof. Section 7. The amendment of any provision of the Town Code as provided in this ordinance shall not effect any right which hes accmed, any dutyimpo.ed, 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 revl.e any bylaw, order, resolution or ordinance, or part thereof, th.mt f.. repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, ON FIRST READING this 15th day of July, 2008, and a publi. hearing for second reading of this Ordinane set for the 51h day of August, 2008, In the Council Chambers of the Veil Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUB- LISHED IN FULL this 5th day of August, 2008. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Published in the Vail Deily on August 9, 2008. (2014626) PUT THE VAIL DAILY 970.9490555 vaildail And make your seller happy, Place your photo ads for extended days and receive better rates and free full color! Vail Special long term rates start at $7 per day depending on length of run chosen. Include the Eagle Valley Enterprise for an additional charge! ABC Property Company 100 Main Street, Vail X9701 555.5555 2328 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 7/19/2008 and that the last publication of said notice was in the issue of said newspaper dated 7/19/2008. 1 In witness whereof ha her unto set my hand this 25th day of July, 2008 Publisher/Gen ager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this I" day of July.2.�th , 2008. '42 2,��l x Pamela Joan Schultz � Notary Public IAOTARY N My Commission expires: November 1, 2011 0 0 COOP �< ORDINANCE 15, SERIES OF 2008, AN ORDINANCE AMENDING SECTION 10-1-2, ADOPTED CODES, VAIL TOWN CODE, IN ORDER TO ADOPT THE 2008 NATIONAL ELECTRICAL CODE, AND SECTION 10-1-9, ELEC- TRICAL CODE AMENDMENTS, VAIL TOWN CODE, IN ORDER TO ADOPT AMENDMENTS TO THE 2008 NA- TIONAL ELECTRICAL CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the National Fire Protection Association amended NFPA 70, commonly referred to as the 2008 edition of the National Electrical Code; and WHEREAS, the State of Colorado will officially adopt the 2008 edition of the National Electrical Code on August 1, 2008; and WHEREAS, the Vail Town Council finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 7. The purpose of this ordinance is to amend Section 10-1-2, Adopted Codes, and Section 10-1-9, Electrical Code Amend- ments, Vail Town Code, in order to adopt the 2008 version of the National Electrical Code. (Text that is to be deleted is -stricken. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 10-1-2 is hereby amended as follows: 10-1-2: ADOPTED CODES: G. Electrical Code: The national electrical code, 20% 2008 edition, is hereby adopted by reference. The national electrical code is published by the National Fire Protection Association, Inc., One Batterymarch Park, Quincy, MA 02269. Section 3. Section 10-1-9 is hereby amended as follows: 10-1-9: ELECTRICAL CODE AMENDMENTS: The following amendments are hereby made to the national electrical code, 2005 2008 edition: A. Article 110.80 - Multi -Family Dwelling Units. Article 110.80, Multi -Family Dwelling Units, shall be established as follows: In multi -family dwelling units, no electrical wiring or feeder cables shall pass from one unit to another. Common walls and common spaces -,hall be exempt from this requirement. B. Article 230, Part II - Overhead Service -Drop Conductors. Article 230, Part II, Overhead Service -Drop Conductors is hereby deleted in its entirety and replaced with the following text: Overhead services shall not be permitted within the town of Vail. C. Article 230.32 - Protection Against Damage. Article 230.32, Protection Against Damage is hereby amended to add the fol- lowing text: (a) Underground service shall be installed in approved conduit from the utility transformer to the electric meter/disconnect switch, and to the main circuit breaker (service entrance). top of the conduit and warning tape is required per � F. Article 310.5 - Conductors For General Wiring. Article 310.5, Conductors For General Wiring shall hereby be amended to add the following text: Aluminum wire or copper cladaluminum wire smaller than #8 AWG shall not be permitted. G. Article 334.12 - Uses Not Permitted. Article 334.12, Uses Not Permitted, is hereby amended to add the following text: c) Type NM. Type NM cables shall not be used under the following conditions: (1) Any building containing occupancy groups A, B, E, F, H, I, M, S, as defined in 2003 international building code. H. Article 410.4(D) - Bathtub And Shower areas. Article 410.4, Bathtub And Shower Areas, is hereby amended to add the following text: Fixtures it bathtub and shower area shall be rated for the use (damp/wet location) and shall have a lens on the fixture trim. Section 4. The building codes adopted by this ordinance shall be effective for all building permit applications received by the Town of Vail, Department of Community Development, Building Safety and Inspection Services, on or after August 5, 2008. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection; sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The 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 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 15th day of July, 2008, and a public hearing for second reading of this Ordinance set for the 5th day of August, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. D. Article 250.52 - Grounding Electrodes. Article 250.52 shall be amended to include the following text: (C) For new con- struction, electrical services shall be bonded to a concrete encased electrode. Where the water pipe is metal, it shall also be bonded ATTEST: within five feet of water entrance. Lorelei Donaldson, Town Clerk Richard D. Cleveland, Mayor E. Article 300.5 - Underground Installations. Article 300.5, Underqround Installations, is hereby amended to add the follow Published in the Vail Daily July 19, 2008 2379 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 8/23/2008 and that the last publication of said notice was in the issue of said newspaper dated 8/23/2008. J In witness whereof has h e unto set my hand this 29th day of August, 2008 Publisher/Genei­2�Xafhe'Vtditor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 1" day of Augu 29th , 2008. Pamela Joan Schultz V Notary Public JAOTA ;e N My Commission expires: November 1, 2011 O CO ORDINANCE NO. 18 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-3, ADMINISTRATION, AND CHAPTER 13-1, GEN- ERAL PROVISION, VAIL TOWN CODE, TO ES- TABLISH NOTIFICATION OF SURFACE DE- VELOPMENT REQUIREMENTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Article 65.5, Notification of Surface Development, Colorado Revised Statutes, estab- lishes procedures for providing notice to owners of mineral interests concerning impending surface development; and, WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning and Subdivision Regulations to the Vail Town Council in accor- dance with the procedures and criteria and find- ings outlined in Chapter 12-3 of the Zoning Regu- lations of the Town of Vail: and. WHEREAS, the Town Council finds and deter- mines that the amendments are consistent with the applicable elements of the adopted goals, objec- tives and policies outlined in the Vail Comprehen- sive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Envi. ronmental Commission dated August 11, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and deter- mines that the amendments further the general and specific purposes of the Zoning and Subdivision Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 11, 2008, and the evi- dence and testimony presented; and, WHEREAS, the Town Council finds and deter- mines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious de- velopment of the Town in a manner that conserves and enhances its natural environment and its es- tablished character as a resort and residential community of the highest quality, based upon Sec- tion VI of the Staff memorandum dated August 11, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and deter- mines that the public health, safety, and welfare will be served by these adopting regulations, based u�- ,>, a asStaff memorandum to ttande A I affect o e as t wha m is or mance s�aii hot A affect any right which has accrued, any duty I imposed, any violation that occurred prior to the ! P effective date hereof, any prosecution comme o th nor anor y other action or proceeding as commenced amendment ofuan f the provision ameion r nded. The I q revive any Provision or any old nancey shall not repealed or superseded unless expressre ly sio tatedherein. Sectioon6All bylaws orders, resolutions and are�re nces, or parts thereof, inconsistent he tend pealed to the extent only of such inconsis- y. 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 OARED PUBLISHED ONCE IN FULL ON FIRST READINP0 Me UBLI 18ifr day of August, 2008 and a reading of this Ordinancehset for the 2nsecond September, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk (2089644,d in the Vail Daily August 23, 2008. 2364 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail D. newspaper printed, in whole or in part and published in the County of Eagle, State of C circulation therein; that said newspaper has been published continuously and uninterr. Eagle for a period of more than fifty-two consecutive weeks next prior to the first public notice or advertisement and that said newspaper has published the requested legal no requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions ope Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire' said daily newspaper for the period of 1 consecutive insertions; and that the first public: the issue of said newspaper dated 8/9/2008 and that the last publication of said notic newspaper dated 8/9/2008. In witnessAene has here unto set my hand this 21st day of August, 2008 Publisher/n /Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, Sta- of ugust 21 st , 2008. Pamela Joan Schul Notary Public My Commission expires: November 1, 2011 C40 Saturday, August 9, 2008 ORDINANCE NO. 15 SERIES OF 2008 ORDINANCE 15, SERIES OF 2008, AN ORDINANCE AMENDING SECTION 10-1-2, ADOPTED CODES, VAIL TOWN CODE. IN ORDER TO ADOPT THE 2008 NATIONAL ELECTRICAL CODE, AND SECTION 10-1-9, CODETO ADOPT AMENDMENTS TO THET 0RICAL 08 NATIONAL LECTR CTAL CODE, ND SETTIVAIL TOWN NG FOORTH DETAILS IN REGARD THERETO. WHEREAS, the National Fire Protection Association amended NFPA 70, commonly referred to as the 2008 edition of the National Electrical Code; and WHEREAS, the State of Colorado will officially adopt the 2008 edition of the National Electrical Code on August 1, 2008; and WHEREAS, the Vail Town Council finds that the proposed amendments further the development ob- jectives of the Town of Vail; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COL- ORADO,THAT: Section 1. The purpose of this ordinance is to adopt the 2008 National Electrical Code. (Text that is to be deleted is-s-t-r-ic-k-e-n-. Text that is to be added is bold. Sections of text that are not amended may be omitted.) , Section 2. Section 10-1-2 is hereby amended as follows: 10-1-2: ADOPTED CODES: G. Electrical Code: The national electrical code, -2-0-0-5- 2008 edition, is hereby adopted by reference. The national electrical code is published by the National Fire Protection Association, Inc., One Battery - march Park, Quincy, MA 02269. Section 3. Section 10-1-9 is hereby amended as follows: 10-1-9: ELECTRICAL CODE AMENDMENTS: The following amendments are hereby made to the nation- al electrical code, -2-0-0-5- 2008 edition: A. Article 110.80 - Multi -Family Dwelling Units. Article 110.80, Multi -Family Dwelling Units, shall be estab- lished as follows: In multi-iamily dwelling units, no electrical wiring or feeder cables shall pass from one unit to another. Common walls and common spaces shall be exempt from this requirement. B. Article 230, Part 11 - Overhead Service -Drop Conductors. Article 230, Part It, Overhead Service -Drop Conductors is hereby deleted in its entirety and replaced with the following text: Overhead services shall not be permitted within the town of Vail. C. Article 230.32 - Protection Against Damage. Article 230.32, Protection Against Damage is hereby amended to add the following text: (a) Underground service shall be installed in approved conduit from the utility transformer to the electric meter/disconnect switch, and to the main circuit breaker (service en- trance). D. Article 250.52 - Grounding Electrodes. Article 250.52 shall be amended to include the following text: (C) For new construction, electrical services shall be bonded to a concrete encased electrode. Where the water pipe is metal, it shall also be bonded within five feet of water entrance. E. Article 300.5 - Underground Installations. Article 300.5, Underground Installations, is hereby amended to add the following text: All underground electrical wiring of 120 volts or more shall be installed in PVC conduit. Minimum depth of 18 inches from the top of the conduit and warning tape is required-p-e-r- -t-h-e--N-E-C-. F. Article 310.5 - Conductors For General Wiring. Article 310.5, Conductors For General Wiring shall hereby be amended to add the following text: Aluminum wire or copper clad aluminum wire smaller than #8 AWG shall not be permitted. G. Article 334.12 - Uses Not Permitted. Article 334.12, Uses Not Permitted, is hereby amended to add the following text: c) Type NM. Type NM cables shall not be used under the following conditions: (1) Any building containing occupancy groups A. B, E, F. H. I, M, S, as defined in 2003 international building code. H. Article 410.4(D) - Bathtub And Shower areas. Article 410.4, Bathtub And Shower Areas, is hereby amended to add the following text: Fixtures in bathtub and shower area shall be rated for the use (damp/wet location) and shall have a lens on the fixture trim. — SECTIONS 1 AND J ARE STRICKEN -- -- I. Persons engaged in the installation of remote control, low energy power, and signal circuits as defined in articles 720 and 760 of this code, need not be licensed themselves pursuant to title 12, article 23, Colorado Revised Statutes, nor work under the supervision of such licensed electricians; however, all such persons shall register with the state electrical board. Proof of registration shall be produced by the registrant andan application for contractor registration shall be provided to the town of Vail fire marshal for review in accordance with section 4-7-2 of this code. --------- —----- - -------------------------- —--- ------------------ — --- J.AII such installations of remote control, low energy power and signal systems are subject to the permits and inspections set forth in 12-23-111 (24) Colorado Revised Statutes. Accordingly, all installa- tions of remote control, low energy power and signal systems must be performed in accordance with the ---- minimum standards set forth in 1— SECTIONS IcAND J ARE STRICKEN -- 2410 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE SS. I, Steve Pope, do solemnly' swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 10/11/2008 and that the last publication of said notice was in the issue of said newspaper dated 10/11/2008. In witness whereof has here unto set my han is 28th day of October, 2008 Publisher/ G a itor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this V day of Octob 28th , 2008. Pamela Joan Schultz �..1 Notary Public My Commission expires: November 1, 2011 a 40-0--)r14PUBLIC �,�FpF CO�-OQ �� THE VAIL DAILY it 970.949.OSSS II vaildaily.com - ORDINANCE NO. 16 Series of 2008 AN ORDINANCE AMENDING THE OFFICIALZONINGMAP OF THE TOWN OF VAILIN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING A 430 SQUARE FOOT PORTION OF TRACT A, VAIL VILLAGE 7- FILING, FROM HIGH DENSITY MULTIPLE -FAMILY (HOME) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail (Zoning Map'); and WHEREAS, the Proposed amendment to the Zoning Map' has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3.7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the 'Zoning Map' promotes the health, safety, morals, and general "Ram of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE R ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: A 430 square foot portion of Tract A, Vail Village 7" Filing, shall be rezoned from High Density Multiple -Family (HDMF) district to General Use (GU) district, as illustrated on Exhibit A attached hereto. 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 I Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section S. 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 7" day of October, 2008 and a public hearing for second reading of this Ordinance set for the 21° day of October, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. i Attest: Rchanl D. Cleveland, Mayor Lorelei -.aid.., Town Clerk Exhibit A Proposed Zoning (Tract A and a 430 sf portion of Lot A, Vail Village Seventh Filing) Rezumrg fm" High DenSg)'1401ple FarWy fHOMF) to Gereraj (Ise (C" FAN PWr Maka YeY ¢aA) Subject Prop" (430 id portion of Lot A, proposed to be conjoined with Tract A) a It ORDINANCE NO. 16, SERIES OF 2008 Published in the Vail Daily, October 11, 2008. 2423 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement 'as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 10/25/2008 and that the last publication of said notice was in the issue of said newspaper dated 10/25/2008. In witness whereof has here unto set my hand this 28th day of October, 2008 rzl,. Publisher/G erBditor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado 28th , 2008. .7 - Pame a Joan Schultz Notary Public My Commission expires: November 1, 2011 i THE VAIL DAILY ',1 970.949.0555 ii vaildaily.com ORDINANCE NO. 16 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAP- TER 5, ZONING MAP; REZONING A 430 SQUARE FOOT PORTION OF TRACT A, VAIL VILLAGE 7TH FILING, FROM HIGH DENSITY MULTIPLE -FAMILY (HDMF) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ('Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as fol- lows: A 430 square foot portion of Tract A, Vail Village 7th Filing, shall be rezoned from High Density Multiple -Family (HDMF) district to General Use (GU) district, as illustrated on Exhibit A attached hereto. 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, subsec- tion, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE II4 FULL ON FIRST READING this 7th day of October, 2008 and a public hearing for second reading of this Ordinance set for the 21 st day of October, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland. Mayor Attest: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21 st day of October, 2008. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Exhibit A Proposed Zoning (Tract A and a 430 sf portion of Lot A, Vail Village Seventh Filing) Re2cnleg from HV h Densrfy Malbpfe Famdy (HDMF? to General Use (GUJ Ymor Vall (Lot Af Subject Property (430 sf portion of Lot A, proposed to be conjoined with Tract A) (Cit Mo W Ag d4.AXM Published in the Vail Daily October 25, 2008 2390 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 9/6/2008 and that the last publication of said notice was in the issue of said newspaper dated 9/6/2008. In witness whereof has here unto set my 7,d this 7th day of October, 2008 Publisher/( net, r/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 1St day of 07 r 7th , 2008. /\ r J—P-- Pamela Joan Schultz ; Notary Public My Commission expires: November 1, 2011 Saturday, September 6, 2008 CI ORDINANCE NO.15 Series .12008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF'At L IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING A 430 SQUARE FOOT PORTION OF TRACT A, VAIL VILLAGE TTM FILING, FROM HIGH DENSITY MULTIPLE -FAMILY (HDMF) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes Ina procedures I evaluating changes to the Of!¢ial Zoning Map of the Town of Vail (zoning Map"): and WHEREAS, the proposed amendment t. the "Zoning Map has been reviewed N accordance w the preacnbed repuirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of t Vail Town Coda: and WHEREAS, on August 11.2008. Ne Planning and Environmental Commission of the Town of % reviewed and for , Sol a unanimous recommendeLon of approval of the proposed amendment t. "Zoning Map' :O We Vail Town Council In accordance with the cdtems and findings outlined in Sect 12-3-7 of the Zoning Regulations of the TO— of Vail: a.W' WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is corms, "in he adopted goals, objectives and policies outlined In the Van Comprehensive Plan, the vat Villi Mester Plan and is compatible witn the development objectives of the Town: and WHEREAS, the Vail Town Council finds the amendment to the'Zimmg Map" is compatible and suitable , adjacent uses and appropriate for the surrounding areas, and WHEREAS, the Vail Town Council finds He amendment to the "Zoning Map" promotes health, safety, morale: and general walfara W the Town and promote. the coordir,. ad and harmon development of the Town in tf,hamnd, that ..led'- and enhances Rs natual environment and established character as a resortand residential community of the highest quality. NCW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF V COLORADO, THAT: SeOlion 1. Zoning Map Amendment: The purpose of this Ordinance is W amend me Off ial Zoning Map of the Town of Vail. The OI Zoning Map of the Town of Vail IS hereby amended as follows: A 430 -a foot porton of Tract A. Val Village T"' Filing, shall be rezoned from Oenslty MuMple-Family (HDMF) district to General Use (GU) district as illustrate Exhibit A attaphed hetet.. S-1-2. If any pan, section, subsection, sentence, clause or phrase of his ordinance is h reason held to be invalid, such decision shall not effect the validity, of the remaining portions i ordinance; and the Town Councl hereby declares it would have passed this ordlnence, and pan. section, subsection, sentence, clause or ornate thereof, regadless of the fact that any i more parts, sections, subsections, sentences, clauses or on... be declared invalid. Seetlon 3. The Town Council hereby finds, determines and declares Nat this Drain. necessary and proper for the health, safety and welfare of are Town of Vail and the inhat thereof. SMl- 4. The amendment of any provision of the Town Code as provitleo in Nis ortli shall not alt- arty high, which has accrued, any duty imposed, any violation that doo,". to the effective date hereof, any prosecution commenced, nor any Other action or proc as commenced under or by virtue of the provision amended. The amendment Of any ;d hereby shall nothi any provision of any ordinance previously repeated or superseded expressly stated here n SMion 6. All bylaws orders resolutions aria «finance.. or pane mereof. lnc.nsistarrt h are repealed to the anent only of such 'mconeepency. This repealer Shall not be const revise any bylaw, order, resolution or.rdinance, or pan thereof, theretofore repealetl. INTRODUCED. READ ON FIRST READING. APPROVED, AND ORDERED PUBLISHEC IN FULL ON FIRST READING Nis Z° day Of Septamot, ZOOS and a public hearing for second of this Ordinance set for the 16^ day of September, 2008, In the Council Chambers of the Vail M Swiping, Vail. Cm«ado. Anent: Lorelei Donaldson. Town clerk Exhlbh A Rkhard D. Cleveland, May.. Published in the Vail Daily, September 6, 2006. I acknowledge the accuracy of the 09.06.08 publication of Ordinance No. 16, Series of 2008. ' '0i 1L 1 ' ►ter1 att 'M ,4A Mire, Town • Y% I)am)JAO.2 Warren Campbell, hief of Planning THE VAIL DAILY 970.949.0555 vaildaily.com Saturday, September 6, 2008 C37 i' ORDINANCE NO. 16 Series of 2006 { AN ORDINANCE AMENDING THE OFFICIAL ZONING 111 01 THE TOWN OF VAIL IN I ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; I I REZONING A 430 SQUARE FOOT PORTION OF TRACT A, VAIL VILLAGE T" FILING, FROM HIGH DENSITY MULTIPLE -FAMILY (HDMF) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. ORDINANCE NO. 18 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-3, ADMINISTRATION, AND CHAPTER 13-1, GEN- ERAL PROVISION,VAIL TOWN CODE, TO ES- TABLISH NOTIFICATION OF SURFACE DE- VELOPMENT REQUIREMENTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Article 65.5, Notification of Surface Development, Colorado Revised Statutes, estab- lishes procedures for providing notice to owners of mineral Interests concerning impending surface development; and. WHEREAS. on August 11, 2008, the Planning and Environmental Commission of the Town of Vall held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning and Subdivision Regulations to the Vail Town Councd In accor- dance with the procedures and criteria and find- ings outlined m Chapter 12-3 of the Zoning Regu- 2ons of the Town of Vail: and. WHEREAS, the Town Council finds and deter - es that the amendments are consistent with the applicable elements of the adopted goals, objec- tives and policies outlined in the Vail Comprehen- sive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Envi- ronmental Commission dated August 11, 2008, and the evidence and testimony presented; and. WHEREAS, the Town Council finds and deter- s that the amendments further the general and specific purposes of the Zoning and Subdivision Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 11, 2008, and the evi- dence and testimony presented. and, WHEREAS. the Town Council finds and deter- mines that the amendments promote the health, safely, morals, and general welfare of the Town and promote the coordinated and harmonious de- velopment of the Town In a manner that conserves andenhances its natural environment and its es- tablished character as a resort and residential community of the highest quality,based upon Sec- tion VI of the Staff memorandum dated August 11. 2008, and the evidence and testimony presented, and. WHEREAS, the Town Council finds and deter - nes that the public health, safety, and welfare will beserved by these adopting regulations. based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 11. 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO,THAT: Section 1,Chapter 12-3. Administration, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethrough, text that is to be added is in italics. Sections of text that are not amended have been omitted): 12-3-10. Notification of Surface Development It shall be the sole responsibility of the applicant to provide notice of any application for development to any mineral estate owners and the Town of Vail 65xcordance with the provisions of Title 24. Article 5, Notlflc at,on of Surface Development, Colorado Revised Statutes. It shall also be the sole responsibility of the applicant to certify that said notice was provided to the mineral estate caner pursuant to Subsection 24.65.5103-1, Colorado Revised Statutes, Section 2 Chapter 13-i, General Provisions. of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethroughtext that is to be added is in italics. Sections of text that are not amended have been omitted): 13-1-8. Notification of Surface Development It shall be the sole responsibility of the subdivider to provide notice of any application for development to any mineral estate owners and the Town of Vail in accordance with the provisions of Title 24. Article 65.5, Notification of Surface Development, Colorado Revised Statutes. It shall also be the sole responsibility of the subdivider to certify that said notice was provided to the mineral estate owner pursuant to Subsection 24-65.5103-1, Colorado Revised Statutes. c@�.If any partsection, subsection, sentenceclause 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 re parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section,13he Town Council hereby finds, determineand declares that this ordinance is nary s and proper for the health. safety and welfare of the Town of Vail and the inhabitants thereof. Section 531he 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 occuned prior to the effective data hereof, any prosecution commenced. nor any otheraction or proceeding as commenced under or by virtue of the provision amended. The endment 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 repealed to the extent only of such inconsis- tency. This repealer shall not be can to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of August, 2008 and a public hearing for second reading of this Ordinance set for the 2nd day of September, 2008, in the Council Chambers of the VaI Municipal Building. Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of September. 2008. Richard D. Cleveland, Mayor Attest. Lorelei Donaldson, Town Clerk Published in the Vail Daily September 6, 2008. (2172143) WHEREAS. Chapter 5. Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map")I and WHEREAS. the proposed amendment to the "Zoning Map' has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code, and WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council In accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town. and WHEREAS. the Vail Town Council finds the amendment to the "Zoning Map" Is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and WHEREAS. the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, moralsand general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances Its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO. THAT: Section 1- Zoning Map Amendment: The purpose of this Ordinance Is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows'. A 430 square foot portion of Tract A, Vail Village 7^ Filing, shall be rezoned from High Density Multiple -Family (HDMF) district to General Use (GU) district, as illustrated on Exhibit A attached hereto. Section 2- If any part, section, subsectionsentence,. 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, sectionsubsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid, Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health. safety and welfare of the Town of Vail and the Inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided In this ordinance shall not affect any right which has accrued, any duty Imposedany 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 S. 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, orderresolution or ordinanceor pad thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21 day of September, 2008 and a public hearing for second reading of this Ordinance set for the I6" day of September, 2008in the Council Chambers of the Vail Municipal Building. Vail Colorado. Attest: Lorelei Donaldson. Town Clerk Exhibit A Richard D. Cleveland, Mayor Propowd Zenlrg( (Trot A and a 410 td patbn of Lot awl VINaSa Swarth FIIMS) ji eux4'V hxn Hba DonYyAA^* tiMNfHW 4 Gneei LeRSL9 Published in the Veil Dally, September 6, 2008. 1 do Kiiu w icu�;c the accuracy of the 10.11.08 publication of Ordinance No. 16, Series of 2008. Warren Campbell, hie of Planning t k", -e l THE VAIL DAILY 970.949.0555 ORDINANCE NO. 16 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING A 430 SQUARE FOOT PORTION OF TRACT A, VAIL VILLAGE 7Tx FILING, FROM HIGH DENSITY MULTIPLE -FAMILY (HDMF) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map'); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 1237 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map" to the Veil Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail, and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health. safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and Its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL. COLORADO, THAT' Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows A 430 square foot portion of Tract A. Vail Village F Filing, shall be rezoned from High Density Multiple -Family (HDMF) district to General Use (GU) district. as illustrated on Exhibit A attached hereto. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance, and the Town Council hereby declares it would have passed this ordinance, and each part. section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3, The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred poor 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 bylawsordersresolutions 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 repeated. INTRODUCED, READ ON FIRST READING, APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7" day of October, 2008 and a public hearing for second reading of this Ordinance set for the 21" day of October, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ansel. Richard D. Cleveland, Mayor Lorelei Donaldson, Town Clerk Exhibit A October 11, 2008 C27 We've Teamed Up Benefit YOU! The Vail Daily has teamed up with Aftercollegercom, the premier college recruitment network, to deliver the most students and recent grads, With only one ad, we deliver students from 2,300 colleges and universities. t Reach over 2,7 million qualified candidates through Aftercollege,com, Reach candidates looking for: Parttime Seasonal Internships Entry Level To advertise, contact your Vail Daily sales representative or call (910)845-9931, and your rep will schedule your ad on Aftercollege.com, Vail Daily www,vaildaily,com I acknowledge the accuracy of the 10.25.08 publication of Ordinance No. 16, Series of 2008. Matt Mire, T&orney s � r arren Campbell, Chief of Planning AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAP- TER 5, ZONING MAP; REZONING A 430 SQUARE FOOT PORTION OF TRACT A. VAIL VILLAGE 7TH FILING, FROM HIGH DENSITY MULTIPLE -FAMILY (HDMF) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter S. Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"): and WHEREAS, the proposed amendment to the "Zoning Map' has been reviewed in accordance with the prescribed requirements outlined in Sections 12.3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Cade; and WHEREAS, an August 11, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3.7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map' is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map' is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morale, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and As established character as a resort and residential community of the highest quality. The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. lows: A 430 square toot portion at Tract A. Vail Village 71h Filing, shall be rezoned from High Density Muftiple-Famity (HDMF) district to General Use (GU) distinct, ae illustrated on Exhibit A attached hereto. Seeffon 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 portion. of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsec- tion, sentence, clause or phrase thereof, regardless of the toot that any one or more pans, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shag not affect any fight which has accrued, any duty Imposed, any violation that occurred prior to the effective data hereof, any prosecution commenced, not any other action or proceeding as, commenced under or by video of the provision amended, The amendment of any prevision 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 parte 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 pad thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of October, 2008 and a public hearing for second reading of this Ordinance set for the 21 at day of October, 2008, in the Council Chambers of the Veil Municipal Building, Vail, Colorado. Proposed Zoning (Tract A and a 430 sf portion of Lot A, Vail Village Seventh Filing) Rezoning fmm Haiti Densly Multiple Fsmdy(HOM6 0 General Use (GO 2391 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 9/6/2008 and that the last publication of said notice was in the issue of said newspaper dated 9/6/2008. In witness whereof has here unto set my_bap4 d this 7th day of October, 2008 WA I"i__ Publisher/a nager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this I` day of October 7�h , 2008. J. SC, Pamela Joan Schultz a� OUR), Notary Public N a U My Commission expires: November 1, 2011 X PUBLIC Q4 a O�'AIy��OF C ORDINANCE NO.18 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-3, ADMINISTRATION, AND CHAPTER 13-1, GEN- ERAL PROVISION, VAIL TOWN CODE, TO ES- TABLISH NOTIFICATION OF SURFACE DE- VELOPMENT REQUIREMENTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Article 55.5. Notiticaticn of Surface Development, Colorado Revised Statutes, dust. III 81rocsdests toncremun 9 noacetlto ownalace g :moan gsu a_veloomom: and. 'JJHEREAS, onAugust 11, 2008, Ina Planningy ntl Environmental Commission of the Town of Vail held a public hearing and reviewed and forwartled ntlalion of appproval for the proposed ext am. ntlments 10 the Zoning and Subdivision Regulations to the Vail Town Council In atcor- In "d 9nce l,hcd .h Chaeta, 12.3 of thand e Zolning Reg, - short, s of the Town of Vaal and, WHEREAS, the Town Council fintls and tleter- s that the amendments are consistent with the applicable elements of the adopted goals, oblec- tiya, and polities outllnad, 11a Vail Comprenem oove Plan and Is compatible with the d—hilon— 7ecnvea of the Town, based upon Section VI of the Staff memorandum to in, Planning antl En vi- mental Commission dated August 11, 2008, antl Ne ova . and testimony prasented; and, WHEREAS, the Town Council finds and blar- pees that the amendments ludhar the gge Tal and Pcifm purposes of the zoning and S basion egulations, basetl upon section VI of tna Staff anoum to the Planning and Environmental Commrission dated August 11, 2008, and the evi- dance and testimony Pro .,,ad; and, WHEREAS, the Town Council find. and dater - saes that the amentlments pr mote he health, fety, morals, and g n Tal welfare of me Town and promote the coortlinaled and harmonious do- valopment of the Town in a manner that cp...... and enhances its natural environment antl its as- tablished character as a resort and resid-L.1 unity o1 the highest quality, based upon Sao 'ch VI of the Surf mem.rardum dated August 11. 2006, and the evidence and testimony presented; and. WHEREAS, the Town Council fintls and detar. tie Net the public health, safety, antl welfare will rise by these atlopting regulations, based pon Sac tion VI 01 the Staff memorandum to the Planning and Environmental Commission d, ad August 11, 2008, and the —d—ce and testimony presented. NOW, THEREFORE, BE 1T ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Sectlon 1.ChaPter 12-3, Administration, of the Vail town Code is herebyy a ended as follows pea to be deleted is in atrikethrough. text that is 1. be added is in italics. Sections of text that are not amended have been omitted): 12-3-10: No4fication of Surface Development It shall be the sole re.pcnsiblllty of the applicant to provide notice of any application for development to any mineral estate owners and the Town of Vail in .roldance w Ore provisions of Title 24, Article 65.5, NOtiflcation of Surface Development, Colorado Revised Statutes. It shall also be the sole responsibility of the applicant to certify that said notice was provided to the mineral estate ,,he, pursuant to Subsection 24-65.5103.1, Colorado Revised Statutes. se<ton z 0naptef 13-1. General Provisions, of the Vail Town COtle is hereby amended as 1111015 (tea to be deleted is in sirikathrougn, text that 1. to be added Is in neucs. Sections of text that are not amended have been omm.ch 13-1.8: Notification of Surface development It .hall be the—I" respbiiryol the subdivider t0 pravid. notice oonaif any a' pph"t ion for development to any mineral a._'. owners and Ne Town of Vail In accordance with Ne provisions of Ti 11. 24, Attic le 85.5, Notification of Sudace asoebeethe stoN�les'on blliry of meteubtlirid er to certify that said notice was provided to the mineral issuate owner It—am to Subea,b 24-65.51031 Colorado Revised Susbass Sect on 3_If any part se t b tion, sentence, clause or phrase ttti distance is for any r as0 held to be ..I tl h d shall effect'he veld of the g Poll ohe of in s oro hence a d Ne T C 'I hereby each partrtduld sectronnsubepece dinance tiantl centeIII r—. c'ause .rr pohrese mereol, ragand as. of the fact Net any one re pans, sections, subsections, sentences, clauses or phrases be declared invalid. SgGigi4,The Town Council hereby fintls, determines and declares that this ordinance Is na .any and p,,,pier for the health, safety and telfh a of the To of Vail and the inhebnaots enets. The amendment of"' provision o/ me Tow otle as provided In this'rd n"Ce an.n Trot apem any right which has acc _ any' impoced, any violation mat occurred prior to the affective date heraot, any pr....ionrommencad, unany a_er action or proceeding as commenced bar or by virtue of the provision amantletl. The entlment of any Orovision hereby snail not m ny provision or any ordinance previously repealed or superseded unless expressly stated herein. Sg3jgp_S,AII bylaws, ortlers, resolutions antl ordinances, or pans Nereoi, inconsistent herewiln repealed to the ext.nt only of such inconels- tent. This repaaler shall not be consIrull to part Neren ofytheratoftlorer repeated.n or ortlinanca, or INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19m clay of Aegust. 2008 antl a public nearing for second icling of this Ordin he Counic" Chambers ofythe September, 20 u lin t Vail Municipal Building, Vail, Cobratlo. Richard D. Cleveland, Mayor Attest: Lorelei OcneMect , Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2. clay of September, 21108. Richard D. Cleveland, Mayor Apex: Larelel Donaldson, Town Clerk Published in the Veil Daily September 6, 2008. (2172143) I acknowledge the accuracy of the 09.06.08 publication of Ordinance No. 18, Series of 2008. AI ^e7 I CA--�s 4 Mat Mire, Town Attorn THE VAIL DAILY 970.949.0555 vailda ORDINANCE NO" 18 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-3, ADMINISTRATION, AND CHAPTER 13-1, GEN- ERAL PROVISION, VAIL TOWN CODE, TO ES- TABLISH NOTIFICATION OF SURFACE DE- VELOPMENT REQUIREMENTS, AND SETTING FORTH DETAILS IN REGARD THERETO, WHEREAS, Article 65.5, Notification of Surface Development, Colorado Revised Statutes, estab- lishes procedures for providing notice to owners of mineral interests concerning impending surface development; and, WHEREAS, on August 11'2008 ' 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning and Subdivision Regulations to the Vail Town Council in accor- dance withthe procedure, and criteria and find- ings outlined in Chapter 12.3 of the Zoning Regu- lations of the Town of Vail; and, WHEREAS, the Town Council finds end deter- mines that the amendments are consistent with the applicable elements of the adopted goals, objec- tives and policies outlined in the Vail Comprehen- sive Plan and is compatible with the development objectives of the Town, basad upon Section VI of the Staff memorandum to the Planning and Envi- ronmental Commission dated August 11, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and deter- mines that the amendments further the general and pacific purposes of the Zoning and Subdivision Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 11, 2008, and the evi- dence and testimony presented; and, WHEREAS, the Town Council finds and deter- mines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious de- velopment of the Town m a manner that conserves and enhances its natural environment and its es- tablished character as a resort and residential community of the highest quell, based upon Sec- tion VI of the Staff memorandum dated August 11, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and deter- mines that the public health, safety, and welfare will be served by these adopting regulations, based port Section VI of the Stell memorandum to the Planning and Environmental Commission dated August 11. 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF TME TOWN OF VAIL, COLORADO, THAT: Sectio 7,,Chapter 12-3, Administration, of the Vail oT wn Code is hereto amended as follows (tent to be deleted is in strikethrough, text that is to be added Is in italics. Sections of text that are not amended have been omitted): 12-3.10: Notification of Surface Development It shall be thecote responsibility of the applicant to provide notice of any application for development to any mineral estate owners and the Town o1 Vail in accordance with the provleions of Tide 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. It shall also be the sole responsibility of the applicant to certify that said notice was provided to the mineral estate caner pursuant to Subsection 24-65.5103-1, Colorado Revised Statutes. III ��nz�Chapter 13-1, General Provisions, of the Veit/ Code is hereby emended es follows pe,d to be deleted is in strikethrough, text that is to be added is in italics, Sections of text that are not amended have been omitted): 13.13: Notification of Surface Development It shell be the sole responsibility of the suhdivider to provide notice of any application for development to any mineral estate owners and the Town of Vail in accordance with the provisions of Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. It shall ala. be the sole responsibility ofthe subdivider to certify that said notice was provided to the mineral estate owner pursuant to Subsection 24.65.51031, Colorado Rewaed Statutes. Section 3.lf any part, section, subsection, sentence, clause orphrase 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 pen, section, auto. hon, sentence, clause or phrase thereof, regardIs,, 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 end declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section S.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 dale hereof, any that commenced, nor any other action or proceeding as commenced under or by virtue of the provision emended. The amendment of any provision herehy shell not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. actio All bylaws, orders, resolutions and ordinances, or pens thereof, inconsistent t: = ererepealed to the extent only of such inconsis- tency. This repealer shell not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of August, 2008 and a public hearing for second lwdirFg og this Ordinance set for the 2nd day of September, 2008, in the Council Chambers of the Veil Munlcpal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest; Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of September, 2008, Richard D. Cleveland, Mayor Attest Lorelei Donaldson, Town Clerk Published in the Vail Daily September 6, 2008. (2172143) 2008 C37 WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 123-7 of the Zoning Regulations of the Vall Town Code; and WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the Town of Veil reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" Is consistent with the adopted goals, objectives and policies outlined In the Vail Comprehensive Plan, the Veil Village Master Plan and is compatible with the development objectives of the Town; and WHEREAS. the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town In a manner that conserves and enhances its natural environment and as 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. Zoning Lisp Ameedmem: The purpose of this Ordinance is to amend the Official Zoning Map of the Town o1 Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: A 430 square foot portion of Tract A, Vail Village 7e Filing, shag be rezoned from High Density Multiple -Family (HDMF) district to General Use (GU) district, as illustrated on Exhibit A attached hereto. 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 of more parts, sections, subsections, sentences, clauses or phrases be declared Invalid. Section 3- The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shag not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section S. AN 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 pan thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2- day of September, 2008 and a public hearing for second reading of this Ordinance set for the 16e day of September, 2008, in the Council Chambers of the Vail Municipal Building, Veil, Colorado. Attest: Lorelei Donaldson, Town Exhibit A Richard D. Cleveland, Mayor Propoaad 2anlnlp Mm A and a 430 d patten of Lot A, Vail VUMP Beve"M fgbW fit,aFe awm Hca 0e+rb Mace r+mtrFsavR a tewerw tit. pu Fw1M ewe ws4aM aalFalHelrFrb HladyweenlLA A. erect PreMMales win Tarred Published In the Vail Dally, September 8, 2008. ORDINANCE NO. 16 Sed- of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 6, ZONING MAP; REZONING A 430 SQUARE FOOT PORTON OF TRACT A, VAIL VILLAGE Te FILING, FROM HIGH DENSITY MULTIPLE -FAMILY (HDMF) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 123-7 of the Zoning Regulations of the Vall Town Code; and WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the Town of Veil reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" Is consistent with the adopted goals, objectives and policies outlined In the Vail Comprehensive Plan, the Veil Village Master Plan and is compatible with the development objectives of the Town; and WHEREAS. the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town In a manner that conserves and enhances its natural environment and as 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. Zoning Lisp Ameedmem: The purpose of this Ordinance is to amend the Official Zoning Map of the Town o1 Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: A 430 square foot portion of Tract A, Vail Village 7e Filing, shag be rezoned from High Density Multiple -Family (HDMF) district to General Use (GU) district, as illustrated on Exhibit A attached hereto. 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 of more parts, sections, subsections, sentences, clauses or phrases be declared Invalid. Section 3- The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shag not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section S. AN 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 pan thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2- day of September, 2008 and a public hearing for second reading of this Ordinance set for the 16e day of September, 2008, in the Council Chambers of the Vail Municipal Building, Veil, Colorado. Attest: Lorelei Donaldson, Town Exhibit A Richard D. Cleveland, Mayor Propoaad 2anlnlp Mm A and a 430 d patten of Lot A, Vail VUMP Beve"M fgbW fit,aFe awm Hca 0e+rb Mace r+mtrFsavR a tewerw tit. pu Fw1M ewe ws4aM aalFalHelrFrb HladyweenlLA A. erect PreMMales win Tarred Published In the Vail Dally, September 8, 2008. 2379 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE } SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 8/23/2008 and that the last publication of said notice was in the issue of said newspaper dated 8/23/2008. In witness whereof has e unto set my hand this 29th day of August, 2008 Publisher/Gener a e ditor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this Is'day of Au 29th , 2008. Pame a Joan Schultz l�,� J. SC,S, Notary Public a`S N®TAR;e .�1 N My Commission expires: November 1, 2011 PUBLIC PO o ,yam/� 0 CO`OQ�,�,� also s� r•��� w u mvaao. nerern. Sedbn B.Afbytaws, orders, resolutions a ordinanoos, or parks#* ;nsislent her" ars repeaiedv the e y of such i tencv. This repealer sfSiii4`a& hw —n Vail Munici , VailColofdw ,Bard D. Clev �3 Towi9 ✓ ( � Goa- (20 [)aMy 23, ORDINAMEONO.19 2400 AN ORDINANCE MAKIN7g'!113UPPLEMENTAL APPTOWN OF VAIL GENERAL FUND, CAPRIATIONS ITAL 'AOJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DIS- PATCH SERVICES FUND, HEAVY EQUIPMENT PROOF OF PUBLICATION AND DEBT SERVICE FUND OF THE 2006 FOR THE TOWN OF VAIL, STATE OF COLORADO } -, COLI- TUR ;AND AUTHORIZINGDAOPRI THE EXPS SET i TUR OFSAID APPROPRIATIONS AS SET SS. FORTH HEREIN; AND SETTING FORTH DE- TAILS IN REGARD THERETO. COUNTY OF EAGLE } WHEREAS, contingencies have arisen during the' fiscal year 2008 which could not have been rea- sonably foreseen or anticipated by the Town Coun- cil at the time it enacted"dance No. 29, Series I, Steve Poe do solemnly swear that I am a qualified representative of the Vail Dail That the same Dail Pope, Y q P Y• Y of n for adopting the 2008 Budget and Financial Plan r« the Town or vaM, Celorada;arld, newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general WHEREAS, the Town Mansper hes ebrUBed to the circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Town Council that sufficient funds are available to discharge me appropriations referred to herein, not Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of,the Town of notice or advertisement and that said newspaper has published the requested legal notice and advertisement as Vail; and, WHEREAS, in order to accomplish the foregoing, requested. the Town Council finds that it should make certain supplemental appropriations and budget adjust- ments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's TOWN COUNCIL OF THE TOWN OF VAIL, COL - ORADOthat: Home Rule provision. 1.Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado; the Town Council hereby makes the following supplemental appropriations and budget adjustments for the That the annexed legal notice or advertisement was published in the regular and entire issue of every number of 2008 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in General Fund $ 729,764 Capital Projects Fund 1,399,128 the issue of said newspaper dated 9/20/2008 and that the last publication of said notice was in the issue of said ReaIEstate Transfer Tax Fund (201,529) Dispatch Services ford 75,000 newspaper dated 9/20/2008. p Heavyquip F Fund ,Z71 Total $ 2,200,634 2. If any part, section, subsection, sentence, clause In witness whereof has here unto set m and this 15th day of October, 2008 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, Pub li a enera Man er/Editor 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 notary p �,7 g e o Subscribed and sworn to before me, a nota public in and for the County of Eagle, State Colorado this 1St day proper for the health, safety, and welfare of the " Town of Vail and the inhabitants thereof. of October 15th 2008. 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 r violation that occurred prior to the effective date ( # �', r (• + hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by o' Pamela Joan Schultz virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby ." shall not revive any provision or any ordinance unless Notary Public previously repealed or superseded expressly stated herein. My Commission expires: November 1, 2011 (� r pa bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This ,A A Q repealer shelf net be aorwi ued to revise any bylaw' order, reso4ution, or ordinance, or part thereof, C�` �� 1 thergtolomropeaied INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this filth day of September, be held on this 2008, and a public hearing shall Ordinance on the 7th day of October, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Published in the Vail Daily September 20, 2008. (2249855) a �i -00 1 .1 =* -IxT-OiyDW12TN10yM0D>� )0P 0. _-,m-drMM0ZDsZ-�0oWm 0-+0 WD 05-dD N-4m 001-MM0 sDZs2412 . ma38"0 9mmZ Gm�r92 .. .5= ov°�D.moo 0yy0p°MDCDD-' om�,� >>m=0 aMDDWm�mz-tz PROOF OF PUBLICATION a N f ° sg ° �.' oZ°S=(*yio°m m anl' n � w Nam ;cm=i MZaxO-1mc > ). N , STATE OF COLORADO }Offi' SS. W C m O C35&am o1 Ozz"'x"'rD-=y Nom, COUNTY OF EAGLEa1 Q Q W °oo mW-0mN $o omm _amof°<m T0M<0r" `m<M � mw.m'WDxr2CZN0; I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily ��C;� =ymomi°n�m newspaper printed, in whole or in art and published in the County of Eagle, State of Colorado and has a general "- ` __ °yZrocmyz°D-� P P P h' g g s01 W_y=9,1 m-47,84- circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of =oxom ^<NW o-- o-z 3.-5* «.o m�mv.� cwmo»� D** '-00 a �m m,s= Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal N �� ���� 1 ° OZ. N ° D 1 cn� notice or advertisement and that said newspaper has published the requested legal notice and advertisement as m?._.; S URE-ZE 20= -.3g => =� �N o aN °» wO� o� �N requested. ?. s a mon z m o °' c= o ^- 0m y n,- ,' 1 nT m J m Tm m 5 0 .m a-n -%@` Ox Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's a oX -0 M-�, mom- The Home Rule provision. = v-Izmm o 0,0 :.. N m 003 a 0m-0`c'-O" 00 m"3 me y o X W,' a vi mAaZp a� That the annexed legal notice or advertisement was published in the regular and entire issue of every number of o x _ y oZ gay o cn�NN 0�m Dov m <p �o a3i �, �n N u, inrn f=m�a n D. »so m0 said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in ;$ o; y a- 55 o X003 0 nm� °a m> > 00= ym the issue of said newspaper dated 10/11/2008 and that the last publication of said notice was in the issue of said s d 7m sm 'Om @N'o X00.0 newspaper dated 10/11/2008. =m�mm°ZM,V N = =g»Foym =mmm monopjfR 0 o oI -ji-O <600. ayNJ�o3am� m In witness whereof has here unto set my han is 28th day of October, 2008Ow w �- ? 0.0 � ?� m 0mJ O m:: �j 0r.....a-.=T_N T �o� � j 1 �1N c m 7W N 1_ lD» 1=m Om'o,O n m 9jnc.aH — -M � J...110'j O mN tl�1-0aJmm mm=m NNSm=�N=1C Publisher/G al a rditor o3om;�d a»mQ am �y amoWmm m COD >"Om D yO J j "�fDa fA n0. M`J mn=a 0 iT.4"dm�y N m- m-'Jmm mfmm NO �� 'JS m comv° 2 Balm mm Rma Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado =.y F ro y 3. W o.� �o mJ<mm=� mm� cA�o aWm=-tD rn. �OCOct8th2008. =<5aac KWm Oy _01.`Z6m f D Z (n r D Cy 3 O N T Q- � O� p O N �tyCM) M> momno3lom a_wgoD tpm CO mm m_.=mNOD Amm�m= i3 <.=g Pame Joan Schultz a 0 o Fou � o wo=mmm0 °lam � =o Q.J. ['� `- j.m o ?DD _am ammOC moNmgF NoCL m Nota Public GV �(// } �n '� � D_ D 9n '� � � = W D o n 3 � m »'0 Notary ` o O �O ° n mm"E'm 6000°_ n�<> �Q1AR71 'i1 m � < mZ'0 � < KMOMP m,°',nm ®`l m o m °,DO o 4.J am �N50 m a-0 SL=R 9'm�m° My Commission expires: November 1, 2011 Q �(�.(�- T o a am a wO�W 11> 00 0, m O �0p (� 3 �O�oJrnO� a° oN°� m W m m c4. �vo� Wm �. ?�j ® '< x `< MMD o O�, OD Jnr?o` comm �• P�rF�l�,. �r. 0 ° = mN°owmz-05i M I 0_U moomn,=tea v p3 �TA OF VO�Os�C�' CZ 5JR'm( ZO dmaWo C1. m.v WO £?-mmm =W5@- noon foMoap 3'< o.<m5 calm °o m0 agm Oz 20H m=0vm I acknowledge the accuracy of the 10. 11.08 publication of Ordinance No. 19, Series of 2008. Town Att y, Matt Mie �- A kQ QA Kathleen Halloran, Budget & Financial Reporting Manager Z ..�.,a,A THF VAII DAILY 970.949.OSSS vaildailv.COm WILDRIDGE Neighborhood Redevelopment WILDRIDGE-OPEN HOUSE Enjoy thepanoramic views of the slopes from the deck of this 2493+ sq. ft home. WILDRIDGE - OPEN HOUSE l WILDRIDGE - OPEN HOUSE New Listing! WOLCOTT 21900 Hwy 6 Wolcott Stunning log home on almost 2 acres Sat &Sun.li pm 255001d Trai Ski Mtn views, southern warmth make Sunday pm 2901 JUNE CREEK TRL 10-1 r Unobstructed views of the mountains! Four residences available, offering 3 bedrooms, 3.5 baths, granite 3BD, 3BA, 2 car heated garage, a lot of storage, backs to BLM. Wonderful for this 3600sgft 4 bedroom a true value! High ceilings, panoramic windows, mod- High end quail t home w/ exceptional finishes, cathedral ceilings, panoramic of river front. 2 master suites, bright kitchen, floor to ceiling windows in the countertops, wood floors, air conditioning, oversized 1 car garage, anyone who enjoys a lot of sun, quiet, and privacy. Lives like a single family ern open floor plan & high grade finishes. Private dinning. 3 fireplaces. Living -room windows, great decks and privacy. Sacious, open floor plan - 4 bedrooms, 3 great room, and a spectacular view. and much more! home. AND large rec room. Outdoor patio w/fire kitchen. � baths, game room, office and more. Price Reduced $2,795,000 Priced from, $725,000 2. If any pan. section, subsection, sentence. or phrase of this ordinance is for any reason held to pit, hot tub & outdoor On the end of the road and just like new! Vickie Vanderwailer 0r Bli Perry For more information and to view these residences contact• BillY un $850,000 Kelly McDowell $925,000 Dave Whitman 970.390-1229 $9991000 ALITZA970-471-5505 Sider Smith & Frampton (970)926.7355 vvanderwalker@aslifer.net bperrya@slifer.net The Kleimer Company970.790.5032 970-845-7776 or 970-331-1866. or 720.933.9333 Keller Williams Mountain Properties Whitman@vail.net PrudentialColoradoProperties Ron Byrne & Associates AlitzaCa�ronb rne.com (970)845-2000 www.VailRealEstate.com Web ID: C25057 menta as set forth herein. this ordinance, and each part, section, sub- to the extent only of such inconsistency. This PATCH SERVICES FUND, HEAVY EQUIPMENT SERVICE FUND OF THE 2008 WOLCOTT passed .action, sentence. clause or phrase thereof. repealer shall not be construed to revise any bylaw, FUND AND DEBT BUDGET FOR THE TOWN OF VAIL, COLO- TOWN COUNCIL OF THE TOWN OF VAIL, COL- Get Exposure! order, resolution, or ordinance, or part thereof. RADO;AND AUTHORIZING THE EXPENDI. ORADO that. sections. subsections, sentences, clauses or PhotoPlace a Ad'. TURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DE- Price Reducedl phrases be declared invalid. INTRODUCED, READ,APPROVED,AND READ AND APPROVED AS AMENDED ON i ` Wonderful open floorplan with 3.The Town Council hereby finds, determines. and declares that this ordinance a necessary end ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of September, SECOND READING AND ORDERED PUBLISHED WHEREAS, contingencies have arisen during the breathtaking views and lots of privacy. Calltoday . reserve your space! IN FULL this 7th day of October, 2008. Includes 2 fireplaces and a great deck. 2008 Budget and Financial Plan for the Town of Vail. Colorado, and authorizes the expenditure or follows; of and the 4.The repeal or the repeal and reenactment of any meeting of the Town Council of the Town of Vail. Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor More than $100K under appraised value. (reduction) of said appropriations as provision of the Municipal Code of the Town of Vail Motivated seller. General Fund $ 872,674 as provided in this ordinance shall not affect any Dick Cleveland. Mayor ATTEST: Lorelei Donaldson. Town Clerk WHEREAS, the Town Manager has certified to the Capital Projects Fund 1,842,580 Real Estate Transfer Tax Fund (471,529) 37 ATTEST: Published in the Vail Deily October 11, 2008. Happy Po$lxer 19700 479.5767 Slifer Smith & Frampton 845-99 any prosecution action or proceedings as commenced under or by Lorelei Donaldson, Town Clerk (2372337) hpower@slifer.net www.HappyinVall.com Web ID: C24979 We Work Around YOUR Schedule ! e Place Classified ads online, anytime, including 12 Free, For Sale Items, Help Wanted, Real Estate and Rentals, and more. e Check breaking news, local stories, community calendars, weather, and more online, anytime. I/ Legals otherwise reflected in the Budget, in accordance Debt Service Fund (35,000) virtue of the provision repealed or repealed and ORDINANCE NO. 19 with Section 9.10(a) of the Charier of the Town of Total $ 2.516.996 reenacted. The repeal of any provision, hereby SERIES OF 2008 Val; and, clause shall not revive any provision or any orinance repealed or superseded unless AN ORDINANCE MAKING SUPPLEMENTAL WHEREAS, in order to accomplish the foregoing, 2. If any pan. section, subsection, sentence. or phrase of this ordinance is for any reason held to previously expressy staled herein. APPROPRIATIONS TO THE TOWN OF VAIL the Town Council finds that It should make certain be invalid. such decision shall not affect the validity bylaws, and ordinances, GENERAL FUND, CAPITAL PROJECTS FUND, supplemental appropriations and budget adjust- f the remaining portions of this ordinance: and the Town Council hereby declares it would have 5.AII orders, resolutions, or parts thereof. inconsistent herewith are repealed REAL ESTATE TRANSFER TAX FUND, DIS- menta as set forth herein. this ordinance, and each part, section, sub- to the extent only of such inconsistency. This PATCH SERVICES FUND, HEAVY EQUIPMENT SERVICE FUND OF THE 2008 NOW, THEREFORE, BE IT ORDAINED, BY THE passed .action, sentence. clause or phrase thereof. repealer shall not be construed to revise any bylaw, FUND AND DEBT BUDGET FOR THE TOWN OF VAIL, COLO- TOWN COUNCIL OF THE TOWN OF VAIL, COL- regardless of the fact that any one or more parts, order, resolution, or ordinance, or part thereof. RADO;AND AUTHORIZING THE EXPENDI. ORADO that. sections. subsections, sentences, clauses or theretofore repealed. TURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DE- 1.Pursuant to Section 9.10(e) of the Charter of the phrases be declared invalid. INTRODUCED, READ,APPROVED,AND READ AND APPROVED AS AMENDED ON TAILS IN REGARD THERETO. Town of Vail, Colorado, the Town Council hereby makes the following supplemental 3.The Town Council hereby finds, determines. and declares that this ordinance a necessary end ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of September, SECOND READING AND ORDERED PUBLISHED WHEREAS, contingencies have arisen during the appropriations and budget adjustments for the proper for the health, safely, and welfare of the Town Vail inhabitants thereof. 2008. and a public hearing shall be held on this Ordinance on the 7th day of October, at the regular IN FULL this 7th day of October, 2008. fiscal (ear 2008 which could not have been res- sonably foreseen or anticipated by the Town Coun. 2008 Budget and Financial Plan for the Town of Vail. Colorado, and authorizes the expenditure or follows; of and the 4.The repeal or the repeal and reenactment of any meeting of the Town Council of the Town of Vail. Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor cit at the time it enacted Ordinance No. 29, Series of 2007, adopting the 2008 Budget and Financial (reduction) of said appropriations as provision of the Municipal Code of the Town of Vail Plan for the Town of Vail, Colorado: and, General Fund $ 872,674 as provided in this ordinance shall not affect any Dick Cleveland. Mayor ATTEST: Lorelei Donaldson. Town Clerk WHEREAS, the Town Manager has certified to the Capital Projects Fund 1,842,580 Real Estate Transfer Tax Fund (471,529) right which has accrued. any duty imposed, any violation that occurred prior to the enactive date hereof, commenced, nor any other ATTEST: Published in the Vail Deily October 11, 2008. Town Council that sufficient funds are available to discharge the appropriations referred to herein, not Dispatch Services Fund 75,000 Heavy Equipment Fund 233,271 any prosecution action or proceedings as commenced under or by Lorelei Donaldson, Town Clerk (2372337) We Work Around YOUR Schedule ! e Place Classified ads online, anytime, including 12 Free, For Sale Items, Help Wanted, Real Estate and Rentals, and more. e Check breaking news, local stories, community calendars, weather, and more online, anytime. 2389 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 9/6/2008 and that the last publication of said notice was in the issue of said newspaper dated 9/6/2008. In witness whereof has here unto set m nd this 7th day of October, 2008 Publisher,�5AJA Wftver/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 15S day of October 7th, 2008. Pamela Joan Schultz Notary Public Q NOTA My Commission expires: November 1, 2011 �i.IC `s,�'cCOLOP C38 Saturday, September 6, 2008 ORDINANCE NO. 20 SERIES OF 2008 AN ORDINANCE AUTHORIZING THE ISSUANCE OF TOWN OF VAIL, COLORADO SALES TAX REVENUE REFUNDING BONDS, SERIES 2008; PROVIDING THE FORM, TERMS AND CONDITIONS OF THE 2008 BONDS, THE MANNER AND TERMS OF IS- SUANCE, THE MANNER OF EXECUTION, THE METHOD OF PAYMENT AND THE SE- CURITY THEREFOR; PLEDGING SALES TAX REVENUES OF THE TOWN FOR THE PAYMENT OF THE 2008 BONDS; PROVIDING CERTAIN COVENANTS AND OTHER DETAILS AND MAKING OTHER PROVISIONS CONCERNING THE 2008 BONDS, THE SALES TAX REVENUES AND THE REFUNDING PROJECT; DELEGATING CERTAIN AUTHORITY TO THE MAYOR, THE TOWN MANAGER AND THE FINANCE DIREC- TOR; RATIFYING ACTION PREVIOUSLY TAKEN AND APPERTAINING THERETO; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Definitions_ Terms used in this Ordinance shall have the meanings specified in this Section for all pur- posez of this Ordinance and of any ordinance amendatory hereof, supplemental hereto or relating hereto, and of any instrument or document appertaining hereto, except where the context by clear implication otherwise requires. All definitions include the singular and plural and include all genders. Certain terms are parenthetically defined elsewhere herein. Additional Bonds: the one or more series of bonds or other securities or obligations authorized to be issued by the Town pursuant to Section 17 hereof and having a lien on the Pledged Revenues on a parity with the lien of the Bonds. Bond Fund: the fund by that name created by the 1989 Ordinance and continued in this Ordinance. Bond Insurer. the issuer of the Bond Insurance Policy, if any. Bond Insurance Policy: a municipal bond insurance policy issued by the Bond Insurer guaranteeing the payment of principal of and interest on the 2008 Bonds, if any. Bond Reserve Insurance Policy: any insurance policy, surety bond, irrevocable letter of credit or similar instrument deposited in or credited to the Reserve Fund in lieu of or in partial substitution for moneys on deposit therein. The issuer providing any such Bond Reserve Insurance Policy shall be an issuer which then is rated in the highest rating category by Moody's Investors Service, Inc., Standard & Poor's Corporation, A.M. Best & Company, or their successors. Bonds: the 2008 Bonds, the 20026 Bonds, the Outstanding 1998A Bonds, and any Additional Bonds. Business Day: a day, other than Saturday or Sunday, on which banks located in the city in which the Principal Office of the Paying Agent is located are not required or authorized to be closed and on which The New York Stock Exchange is not closed. Charter: the home rule Charter of the Town, including all amendments thereto prior to the date hereof. Commercial Bank: any depository for public funds permitted by the laws of the State for political subdivisions of the State which has a capital and surplus of $10,000,000 or more, and which is located within the United States. Continuing Disclosure Certificate: the Continuing Disclosure Certificate executed by the Town in connection with the Issuance of the 2008 Bonds, which constitutes an undertaking pursuant to Rule 15c2-12 promulgated by the U.S. Securities and Exchange Commission. C.R.S.: the Colorado Revised Statutes, as amended and supplemented as of the date hereof. DTC: The Depository Trust Company, New York, New York, and its successors and assigns. Escrow Account: the Escrow Account for the Refunding Project established with the Escrow Bank pursuant to Section 13.B. hereof. Escrow Aoreement: the Escrow Agreement between the Town and the Escrow Bank relating to the Refunding Project. Escrow Bank: U.S. Bank National Association, in Denver, Colorado, acting as escrow agent pursuant to the Escrow Agreement, or any successor. Federal Securities: only direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States (or ownership interests in any of the foregoing) and which are not callable prior to their scheduled maturities by the issuer thereof (or an ownership interest in any of the foregoing). Fiscal Year: the twelve months commencing on the first day of January of any calendar year and ending on the thirty- first day of December of such calendar year or such other twelve month period as may from time to time be designated by the Town Council as the Fiscal Year of the Town. Finance Director: the Finance Director of the Town. Income Fund: the special fund by that name created by the 1989 Ordinance and continued by this Ordinance. Letter of Representations;_ the letter of representations from the Town to DTC to induce DTC to accept the 2008 Bonds as eligible for deposit at DTC. Maximum Annual_ Debt Service Requirement_ the maximum amount of all required payments of principal and interest on the Bonds which will become due in any Fiscal Year. Mayor: the Mayor of the Town. Mayor Pro Tem: the Mayor Pro Tem of the Town 1989 Ordinance: Ordinance No. 29, Series of 1989 of the Town, as amended by Ordinance No. 32, Series of 2002, and Ordinance No. 27, Series of 2005. 1998 Bonds: the Town's Sales Tax Revenue Refunding Bonds, Series 1998A, originally issued in the aggregate princi- pal amount of $8,760,000 and currently outstanding in the aggregate principal amount of $7,775,000. Official Statement: the Official Statement delivered in connection with the original pricing and sale of the 2008 Bonds. Ordinance: this Ordinance of the Town, which provides for the issuance and delivery of the 2008 Bonds. Outstanding: as of any date of calculation, all Bonds theretofore executed, issued and delivered by the Town except: (1) Bonds theretofore cancelled by the Town, Registrar or Paying Agent, or surrendered to the Town, Registrar or Paying ° qr for cancellation; Bonds in lieu of or in substitution for which other Bonds shall have been executed, issued and delivered by the Town `,nticated by the Registrar unless proof satisfactory to the Registrar is presented that any such Bonds are duly held by the id ui registered owners thereof; or (3) Bonds deemed to have been paid as provided in Section 20 hereof. Owner or registered owner: the registered owner of any 2008 Bond as shown on the registration records kept by the Registrar. Paving Agent: U.S. Bank National Association, Denver, Colorado, being the agent for the Town for the payment of the 2008 Bonds and interest thereon, or its successors and assigns. Permitted Investment: any investment or deposit permitted by the Charter and ordinances of the Town. Person: any individual, firm, partnership, corporation, company, association, joint-stock association or body politic; and the term includes any trustee, receiver, assignee or other similar representative thereof. Pledged Revenues: (i) the revenues derived from the Pledged Sales Tax; (ii) any additional taxes (other than a general ad valorem tax), funds or revenues which the Town hereafter pledges to the payment of Bonds; (iii) proceeds of the Bonds or other legally available moneys deposited into and held in the Bond Fund and the Reserve Fund; and (iv) interest or investment income on the Income Fund, the Bond Fund and the Reserve Fund; all to the extent that such moneys are at any time required by Section 14 hereof to be deposited into and held in the Income Fund, thr�pond Fund and the Reserve Fund, Pledged Sales Tax: the proceeds of the Town's current 4% Sales Tax, which is also pledged to the payment of the 1998 Bonds and the 2002B Bonds. "Pledged Sales Tax" does not include incremental sales taxes which are or may be pledged to the payment of the Bonds pursuant to an urban renewal plan as defined in Section 31-25-103(a), C.R.S., or a plan of development as defined in Section 31-25-802 (6.4), C.R.S. "Pledged Sales Tax" does not include amounts withheld by retailers and vendors to cover their expenses in collecting and remitting the Pledged Sales Tax, and Pledged Sales Tax does not include amounts collected by the Town and subsequently determined, pursuant to the applicable Sales Tax Ordinances, to be subject to valid claims for refunds. "Pledged Sales Tax" does not include the proceeds of any increase in the Sales Tax which may be approved in the future, unless such increase is expressly pledged to the Bonds by the Town. "Pledged Sales Tax' does include the proceeds derived by the Town from any legally available tax or taxes or fees (other than a general ad valorem tax) which replace or supersede the Pledged Sales ;ardless of whether such tax or taxes or fees are imposed by the Town or the State or other political subdivision thereof. Preliminary Official Statement: the Preliminary Official Statement relating to the 2008 Bonds a copy of the form of which is on file with the Town Clerk. Principal Office: the principal office of U.S. Bank National Association, 950 17th Street, 12th Floor, Denver, Colorado, Attention: Corporate Trust Services; for notices and with respect to payments, exchanges, transfers or surrenders of the 2008 Bonds, means U.S'. Bank National Association, 60 Livingston Avenue, St. Paul, Minnesota 55107. Purchase Contract: the Bond Purchase Agreement between the Town and the Purchaser. Purchaser Piper Jaffray & Co. Rebate Fund: the fund by that name created by the 1989 Ordinance and continued by this Ordinance. Redemption Date means December 1, 2008. Refunded Bond Requirements: the payment of: i) interest on the Refunded Bonds both accrued and not accrued, as the same becomes due on the Redemption Date; and ii) the principal of the Refunded Bonds as the same becomes due or is called for prior redemption on the Redemption Date. Refunded Bonds: that portion of the 1998A Bonds maturing on and after December 1, 2009. Refunding Project: the payment of the Refunded Bond Requirements and the costs of issuing the 2008 Bonds. Registrar: U.S. Bank National Association, Denver, Colorado, being the agent for the Town for the registration, transfer and exchange of the 2008 Bonds, or its successors. Registrar Agreement: the Registrar and Paying Agent Agreement between the Town and the Registrar. Regular Record Date: the fifteenth day of the calendar month next preceding each interest payment date for the 2008 Bonds (other than a special interest payment date hereafter fixed for the payment of defaulted interest). Reserve Fund: the fund by that name created by the 1989 Ordinance and continued by this Ordinance. Reserve Fund Requirement: an amount equal to the least of (i) 10% of the stated principal amount of the Outstand- ing Bonds, (ii) 100% of the Maximum Annual Debt Service Requirement, or (iii) 125% of the Average Annual Debt Service, to be maintained in the Reserve Account, except to the extent of any Bond Reserve Insurance Policy therein. Sale Certificate: the certificate executed by any of the Mayor, the Town Manager or the Finance Director dated on or before the date of delivery of the 2008 Bonds, setting forth the present value savings accomplished through the Refunding Project, the interest rate on the 2008 Bonds, the date on which payment of interest shall commence, the dates on which principal and interest shall be paid, the price at which the 2008 Bonds will be sold, the total principal amount of the 2008 Bonds, the dates on which the 2608-6onds may be called for redemption, the redemption price of the 2008 Bonds, the amount of principal maturing on each date, and whether the 2008 Bonds will be secured by a Bond Insurance Policy, all subject to the parameters and restrictions contained in this Ordinance. Sales Tax: the tax upon the sale and use of goods and services which is currently being levied by the Town pursuant to the Sales Tax Ordinances and any future or amended tax levied by the Town as a sales and use tax. Sales Tax Ordinances: the ordinances adopted by the Town Council for the purpose of adopting and enforcing the Sales Tax and which are in effect on the date of this Ordinance and as later amended or supplemented. Special Record Date: a special date fixed to determine the names and addresses of registered owners for purposes of paying interest on a special interest payment date for the payment of defaulted interest, all as further provided in Section 5 hereof. State: the State of Colorado. Suoplemental Act means the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, C.R.S. Tax Code: the Internal Revenue Code of 1986, as amended to the date of delivery of the 2008 Bonds, and any regula- tions promulgated thereunder. Term Bonds:- 2008 Bonds which are payable on or before their specified maturing dates from sinking fund payments established for that purpose and calculated to retire such 2008 Bonds on or before their specified maturity dates. THE VAIL DAILY 970.949.0555 vaildaily.com Town: the Town of Vail, Colorado. Town Clerk: the Town Clerk of the Town or, in his or her absence, the deputy Town Clerk of the Town. Town Council. the Town Council of the Town or any successor in functions thereto. Town Manager: the Town Manager of the Town. Trust Bank: a Commercial Bank which is authorized to exercise and is exercising trust powers. 20026 Bonds: the Town's Sales Tax Revenue Refunding Bonds, Series 2002B, originally issued in the aggregate principal amount of $5,570,000 and currently outstanding in the aggregate principal amount of $2,260,000. Section 2. Recitals. A. The Town is a municipal corporation duly organized and existing under the Charter adopted pursuant to Article XX of the Constitution of the State. B. Section 9.6 of the Charter permits the Town to issue securities made payable solely out of the proceeds of any sales taxes without an election. C. The Town imposes a Sales Tax pursuant to Section 11.1 of the Charter and the Sales Tax Ordinances. D. Article X of the Town Charter authorizes the Town Council to issue refunding bonds without an election. E. Pursuant to Article X, Section 20 (4) of the State Constitution, refunding bonds may be issued without an election if issued at a lower interest rate than the refunded bonds. F. The Refunded Bonds are subject to redemption on the Redemption Date at a price equal to principal amount redeemed plus accrued interest to the Redemption Date. G. The Town Council has determined and hereby declares that it is in the Town's best interest to effect the Refunding Project. H. Except for the December 1, 2008 maturity of the 1998 Bonds, and the 2002B Bonds, the Town has not pledged the Sales Tax to the payment of any bonds or for any purpose. Simultaneously with the issuance of the 2008 Bonds, the Refunded Bonds will be refunded and defeased. The Pledged Sales Tax may now be pledged (with a lien which is on a parity with the 1998 Bonds and 2002B Bonds) lawfully and irrevocably for the payment of the 2008 Bonds. I. There are on file with the Town Clerk the proposed forms of the following documents: the Purchase Contract; the Escrow Agreement; the Letter of Representations; the Registrar Agreement; and the Continuing Disclosure Certificate. J. The Town Council desires to cause the 2008 Bonds to be issued, to authorize and direct the application of the proceeds thereof as set forth herein, and to provide security for the payment thereof, all in the manner set forth below. Section 3. Ratification. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the Town Council and other officers of the Town in the imposition and collection of the Sales Tax, the Refunding Project, and selling and issuing the 2008 Bonds for those purposes are ratified, approved and confirmed. Section 4. Authorization of the 2008 Bonds. There hereby is authorized to be issued an issue of fully registered sales tax revenue securities of the Town, to be designated `Town of Vail, Colorado, Sales Tax Revenue Refunding Bonds, Series 2008" in the aggregate principal amount set forth in the Sale Certificate, to be payable and collectible, both as to principal and inter- est, from the Pledged Revenues. Section 11-57-205 of the Supplemental Act provides that a public entity may delegate to any member of the issuing authority, chief executive officer, or chief financial officer of the public entity the authority to sign a contract for the purchase of the securities or to accept a binding bid for the securities, such delegation to be effective for one year after adoption of the act of issuance. The Council hereby delegates and authorizes any of the Mayor, the Town Manager or the Finance Director the independent authority to execute and deliver a Purchase Contract, execute and deliver the Sale Certificate setting forth the terms on which the 2008 Bonds will be delivered, subject to the parameters and restriction contained in this Ordinance. Any of the Mayor, the Town Manager or the Finance Director is hereby authorized to determine if obtaining municipal bond insurance is in the best interests of the Town, and if so, to select a bond insurer to issue a municipal bond insurance policy, execute a commitment relating to the same and execute any related documents or agreements required by such commitment. Should the Town elect to not obtain bond insurance, any reference herein to the Bond Insurer or the Bond Insurance Policy are of no force and effect. Section 5. 2008 Bond Details. A. The 2008 Bonds shall be issued in fully registered form (i.e., registered as to both principal and interest) initially regis- tered in the name of Cede & Co. as nominee for DTC, shall be dated as of their date of delivery, shall be issued in the denomination of $5,000 or any integral multiple thereof (provided that no 2008 Bond may be in a denomination which exceeds the principal coming due on any maturity date, and no individual 2008 Bond will be issued for more than one maturity and interest rate) and shall be numbered in such manner as the Registrar may determine. B. The 2008 Bonds shall be dated as of their date of issuance. The 2008 Bonds shall mature, bear interest from their dated date tomaturity, be subject to redemption, and be sold, as provided in the Sale Certificate; provided that: (i) the 2008 Bonds are not subject to redemption prior to maturity; (ii) the final maturity of the 2008 Bonds shall not be later than December 1, 2012; (iii) the net effective interest rate on the 2008 Bonds shall not exceed 3.25%, which rate is less than the net effective interest rate on the Refunded Bonds; (iv) the aggregate principal amount of the 2008 Bonds shall not exceed $6,350,000; (v) the present value savings accomplished through the Refunding Project shall not be less than 2.5% of the principal amount of the Refunded Bonds; (vi) the purchase price of the 2008 Bonds shall not be less than 98%; and (viii) the aggregate principal amount of debt service coming due in any year does not exceed by more than $25,000 the amount of principal of and interest due on the Refunded Bonds. Interest on the 2008 Bonds shall be calculated on the basis of a 360 -day year of twelve 30 -day months, payable semiannually on each June 1 and December 1, commencing on the date provided in the Sale Certificate. C. The principal of any 2008 Bond shall be payable to the registered owner thereof as shown on the registration records kept by the Registrar, upon maturity thereof and upon presentation and surrender at the Paying Agent. If any 2008 Bond shall not be paid upon such presentation and surrender at or after maturity, it shall continue to draw interest at the same interest rate borne by said 2008 Bond until the principal thereof is paid in full. Payment of interest on any 2008 Bond shall be made by check, draft or wire sent by the Paying Agent, on or before each interest payment date (or, if such interest payment date is not a Business Day, on or before the next succeeding business day), to the registered owner thereof at the address shown on the registration records kept by the Registrar at the close of business on the Regular Record Date for such interest payment date; but any such interest not so timely paid or duly provided for shall cease to be payable to the person who is the registered owner thereof at the close of business on the Regular Record Date and shall be payable to the person who is the registered owner thereof at the close of business on a Special Record Date for the payment of any such defaulted interest. Such Special Record Date shall be fixed by the Registrar whenever moneys become available for payment of the defaulted interest, and notice of the Special Record Date shall be given to the registered owners of the 2008 Bonds not less than ten days prior to the Special Record Date by first-class mail to each such registered owner as shown on the Registrar's registration records on a date selected by the Registrar, stating the date of the Special Record Date and the date fixed for the payment of such defaulted interest. The Paying Agent may make payments of interest on any 2008 Bond by such alternative means as may be mutually agreed to between the owner of such 2008 Bond and the Paying Agent (provided, however, that the Tovan shal;: not be required to make funds available to the raying Agent prior to the interest payment dates stated in this Section unless otherwise required by. the Registrar Agreement or conditions for the issuance of a Bond Insurance Policy). All such payments shall be made in lawful money of the United States of America without deduction for the services of the Paying Agent or Registrar. Section 6. Prior Redemption. A. The 2008 Bonds are not subject to redemption prior to maturity at the option of the Town. B. The Term Bonds, if any, shall be subject to mandatory sinking fund redemption at the times, in the amounts, and at the prices set forth in the Sale Certificate. On or before the thirtieth day prior to each such sinking fund payment date, the Registrar shall proceed to call the Term Bonds indicated above (or any Term Bond or Bonds issued to replace such Term Bonds) for redemption from the sinking fund on the date as set forth in the Sale Certificate, and give notice of such call without other instruction or notice from the Town. At its option, to be exercised on or before the sixtieth day next preceding each such sinking fund redemption date, the Town may (a) deliver to the Registrar for cancellation Term Bonds subject to mandatory sinking fund redemption on such date in an aggregate principal amount desired or (b) receive a credit in respect of its sinking fund redemption obligation for any Term Bonds of the maturity subject to mandatory sinking fund redemption on such date, which prior to said date have been redeemed (otherwise than through the operation of the sinking fund) and cancelled by the Registrar and not theretofore applied as a credit against any sinking fund redemption obligation. Each Term Bond so delivered or previously redeemed will be credited by the Registrar at the principal amount thereof on the obligation of the Town on such sinking fund redemption date and the principal amount of Term Bonds to be redeemed by operation of such sinking fund on such date will be accordingly reduced. The Town will on or before the sixtieth day next preced- ing each sinking fund redemption date furnish the Registrar with its certificate indicating whether or not and to what extent the provi- sions of (a) and (b) of the preceding sentence are to be availed with respect to such sinking fund payment. Failure of the Town to deliver such certificate shall not affect the Registrar's duty to give notice of sinking fund redemption as provided in this paragraph B. C. In the case of 2008 Bonds of a denomination larger than $5,000, a portion of such 2008 Bond ($5,000 or any integral multiple thereof) may be redeemed, in which case the Registrar shall, without charge to the owner of such 2008 Bond, authenticate and issue a replacement 2008 Bond or Bonds for the unredeemed portion thereof. Section 7. Special Obligations. All of the 2008 Bonds, together with the interest accruing thereon, shall be payable and collectible solely out of the Pledged Revenues, which are hereby irrevocably so pledged; the owner or owners of the 2008 Bonds may not look to any general or other fund for the payment of principal and interest on the 2008 Bonds, except the designated special funds pledged therefor; and the 2008 Bonds shall not constitute an indebtedness nor a debt within the meaning of any applicable charter, constitutional or statutory provision or limitation; nor shall they be considered or held to be general obligations of the Town. Section 8. Form of 2008 Bonds Statement of Insurance, if any, Registrar's certificate of authentication, of assignment and prepayment panel. The 2008 Bonds, Statement of Insurance, if any, Registrar's certificate of authentication, form of assignment and prepayment panel shall be substantially as follows, with such omissions, insertions, endorsements and variations as to any recitals of fact or other provisions as may be required by the circumstances, be required or permitted by this Ordinance, or be consistent with this Ordinance and necessary or appropriate to conform to the rules and requirements of any governmental authority or any usage or requirement of law with respect thereto: (Form of Bond) Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Town or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or,in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF EAGLE TOWN OF VAIL, COLORADO SALES TAX REVENUE REFUNDING BOND SERIES 2008 NO. R- $ INTEREST RATE MATURITY DATE DATED DATE CUSIP December 1, 20 September [_[, 2008 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The Town of Vail, in the County of Eagle and State of Colorado (the "Town"), for value received, promises to pay to the registered owner specified above, or registered assigns, solely from the special funds provided therefor, the principal amount speci- fied above, on the maturity date specified above, and to pay from said sources interest thereon on June 1 and December 1 of each year, commencing on December 1, 2008, at the interest rate per annum specified above, until the principal sum is paid or payment has been provided therefor. This bond will bear interest from the most recent interest payment date to which interest has been paid or provided for, or, if no interest has been paid, from the date of this bond. This bond bears interest, matures, is payable, is subject to redemption and is transferable as provided in the ordinance passed and adopted by the Town Council of the Town on September 16, 2008 (the "Bond Ordinance') and a Sale Certificate executed by the Mayor, the Town Manager or the Finance Director of the Town prior to the delivery of the Bonds. To the extent not defined herein, terms used in this bond shall have the same meanings as set forth in the Bond Ordinance. The principal of this bond is payable upon presentation and surrender hereof to the Principal office of the Paying Agent. Interest on this bond will be paid on or before each interest payment date (or, if such interest payment date is not a business day, on or before the next succeeding business day), by check or draft mailed to the person in whose name this bond is registered in the THE VAIL DAILY }, 970.949.0555 vaildaily.com registration records of the Town maintained by the Registrar at the Principal Office and at the address appearing thereon at the close of business on the Regular Record Date. The 2008 bonds are issued by the Town, upon its behalf and upon the credit thereof, for the purpose effecting the Refunding Project, all under the authority of and in full conformity with the Constitution and laws of the State of Colorado, the Town's home rule charter, and pursuant to the Bond Ordinance of the Town Council duly adopted and made a law of the Town prior to the issuance of this bond. The 2008 Bonds are also issued pursuant to the provisions of Title 11, Article 57, Part 2, C.R.S. (the "Supple- mental Act"). Pursuant to Section 11-57-210 of the Supplemental Act, this recital shall be conclusive evidence of the validity and the regularity of the issuance of the 2008 Bonds after their delivery for value. It is further hereby recited, certified, and warranted that all the requirements of law have been complied with fully by the proper officers of the Town in issuing this bond. The principal of and interest on this bond are payable only from the proceeds of the Pledged Revenues, all as more particularly set forth in the Bond Ordinance. This bond constitutes a first and prior lien, but not necessarily an exclusively first lien, on the Pledged Revenues. The 2008 Bonds do not constitute a debt or an indebtedness of the Town within the meaning of any applicable charter, constitutional or statutory provision or limitation, shall not be considered or held to be a general obligation of the Town. The 2008 Bonds constitute a pledge of, and an irrevocable lien (but not an exclusive lien) on all of the Pledged Rev- enues, on a parity with the Town's Sales Tax Revenue Refunding Bonds, Series 1998A and the Town's Sales Tax Revenue Refund- ing Bonds, Series 20028. The 2008 Bonds are equitably and ratably secured by such lien on the Pledged Sales Tax. Reference is made to the Bond Ordinance for the provisions, among others, with respect to the custody and application of the proceeds of the 2008 Bonds, the receipt and disposition of the Pledged Revenues, the nature and extent of the security, the terms and conditions under which additional bonds payable from the Pledged Revenues may be issued, the rights, duties and obliga- tions of the Town, the rights of the owners of the 2008 Bonds, the events of default and remedies, the circumstances under which any 2008 Bond is no longer Outstanding, the ability to amend the Bond Ordinance; and by the acceptance of this bond the owner hereof assents to all provisions of the Bond Ordinance. The principal of, premium if any, and the interest on this bond shall be paid, and this bond is transferable, free from and without regard to any equities between the Town and the original or any intermediate owner hereof or any setoffs or cross-claims. FOR PURPOSES OF SECTION 265(b)(3)(B) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED,.THE TOWN HAS DESIGNATED THIS BOND AS A QUALIFIED TAX-EXEMPT OBLIGATION. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the certificate of authentication hereon shall have been manually signed by the Registrar. IN TESTIMONY WHEREOF, the Town Council of the Town of Vail, Colorado has caused this bond to be signed and executed in its name with a manual or facsimile signature of the Mayor of the Town, and to be signed, executed and attested with a manual or facsimile signature of the Town Clerk, with a manual or facsimile impression of the seal of the Town affixed hereto, all as of the date specified above. (MANUAL OR FACSIMILE SEAL) Attest: (Manual or Facsimile Signature) Town Clerk (Manual or Facsimile Signature) Mayor (End of Form of Bond) STATEMENT OF INSURANCE [TO BE INCLUDED IF BOND INSURANCE IS OBTAINED) (Form of Registrar's Certificate of Authentication) This is one of the Bonds described in the within -mentioned Bond Ordinance, and this Bond has been duly registered on the registration records kept by the undersigned as Registrar for such Bonds. U.S. BANK NATIONAL ASSOCIATION, as Registrar Date of Authentication By: _ and Registration: Authorized Officer or Employee (End of Form of Registrar's Certificate of Authentication) (Form of Prepayment Panel) The following installments of principal (or portion thereof) of this bond have been prepaid in accordance with the terms of the Bond Ordinance authorizing the issuance of this bond. Signature of Date of Principal Authorized Prepayment Prepaid Representative of the Depository (End of Form of Prepayment Panel) (Form of Assignment) For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and hereby irrevocably constitutes and appoints attorney, to transfer the same on the records of the Registrar, with full power of substitution in the premises. Dated: Signature Guaranteed: Signature must be guaranteed by a member of a Medallion Signature Program. Address of transferee: Social Security or other tax identification number of transferee: NOTE: The signature to this Assignment must correspond with the name as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever. EXCHANGE OR TRANSFER FEES MAY BE CHARGED (End of Form of Assignment) Section 9. Uniform Commercial Code Subject to the registration provisions hereof, the 2008 Bonds shall be fully negotiable and shall have all the qualities of negotiable paper, and the owner or owners thereof shall possess all rights enjoyed by the holders of investment securities under the provisions of the Uniform Commercial Code — Investment Securities. The principal of and interest on the 2008 Bonds shall be paid, and the 2008 Bonds shall be transferable, free from and without regard to any equities between the Town and the original or any intermediate owner of any 2008 Bonds or any setoffs or cross-claims. Section 10. Execution. The 2008 Bonds shall be executed in the name and on behalf of the Town by the signature of the Mayor, shall be sealed with a manual or facsimile impression of the seal of the Town and attested by the signature of the Town Clerk. Each 2008 Bond shall be authenticated by the manual signature of an authorized officer or employee of the Registrar as provided below. The signatures of the Mayor and the Town Clerk may be by manual or facsimile signature. The 2008 Bonds bearing the manual or facsimile signatures of the officers in office at the time of the authorization thereof shall be the valid and binding obliga- tions of the Town (subject to the requirement of authentication by the Registrar as provided below), notwithstanding that before the delivery thereof and payment therefor or before the issuance of the 2008 Bonds upon transfer or exchange, any or all of the persons whose manual or facsimile signatures appear thereon shall have ceased to fill their respective offices. The Mayor and the Town Clerk shall, by the execution of a signature certificate pertaining to the 2008 Bonds, adopt as and for their respective signatures any facsimiles thereof appearing on the 2008 Bonds. At the time of the execution of the signature certificate, the Mayor and the Town Clerk may each adopt as and for his or her facsimile signature the facsimile signature of his or her predecessor in office in the event - that such facsimile signature appears upon any of the 2008 Bonds. No 2008 Bond shall be valid or obligatory for any purpose unless the certificate of authentication, substantially in the form provided above, has been duly manually executed by the Registrar. The Registrar's certificate of authentication shall be deemed to have been duly executed by the Registrar if manually signed by an authorized officer or employee of the Registrar, but it shall not be necessary that the same officer or employee sign the certificate of authentication on all of the 2008 Bonds issued here- under. By authenticating any of the 2008 Bonds initially delivered pursuant to this Ordinance, the Registrar shall be deemed to have assented to the provisions of this Ordinance. Section 11. Registration Transfer and Exchange. A. Except as provided in Section 12, records for the registration and transfer of the 2008 Bonds shall be kept by the Reg- istrar, which is hereby appointed by the Town as registrar (i.e., transfer agent) for the 2008 Bonds. Upon the surrender for transfer of any 2008 Bond at the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing, the Registrar shall enter such transfer on the registration records and shall authenticate and deliver in the name of the transferee or transferees a new 2008 Bond or Bonds of a like aggregate principal amount and of the same maturity and interest rate, bearing a number or numbers not previously assigned. 2008 Bonds may be exchanged at the Registrar for an equal aggregate principal amount of 2008 Bonds of the same maturity and interest rate in authorized denominations. The Registrar shall authenticate and deliver a 2008 Bond or Bonds which the registered owner making the exchange is entitled to receive, bearing a number or numbers not previously assigned. The Registrar may impose reasonable charges in connection with such exchanges and transfers of 2008 Bonds, which charges (as well as any tax or other governmental charge required to be paid with respect to such exchange or transfer) shall be paid by the registered owner requesting such exchange or transfer. Saturday, September 6, 2008 1 C39 B. The person in whose name any 2008 Bond shall be registered on the registration records kept by the Registrar shall be deemed and regarded as the absolute owner thereof for the purpose of making payment thereof and for all other purposes; except as may be otherwise provided in Section 5 hereof with respect to payment of interest; and, subject to such exception, payment of or on account of either principal or interest on any 2008 Bond shall be made only to or upon the written order of the registered owner thereof or his legal representative, but such registration may be changed upon transfer of such 2008 Bond in the manner and subject to the conditions and limitations provided herein. All such payments shall be valid and effectual to discharge the liability upon such 2008 Bond to the extent of the sum or sums so paid. C. If any 2008 Bond shall be lost, stolen, destroyed or mutilated, the Registrar shall, upon receipt of such evidence, infor- mation or indemnity relating thereto as it and the Town may reasonably require, authenticate and deliver a replacement 2008 Bond or Bonds of a like aggregate principal amount and of the same maturity and interest rate, bearing a number or numbers not previously assigned. If such lost, stolen, destroyed, or mutilated 2008 Bond shall have matured or is about to become due and payable, the Registrar may direct the Paying Agent to pay such 2008 Bond in lieu of replacement. D. The officers of the Town are authorized to deliver to the Registrar fully executed but unauthenticated 2008 Bonds in such quantities as may be convenient to be held in custody by the Registrar pending use as herein provided. Section 12, Book Entry. A. Notwithstanding any contrary provision of this Ordinance, the 2008 Bonds initially shall be evidenced by one 2008 Bond for each maturity and interest rate in denominations equal to the aggregate principal amount of the 2008 Bonds of such matu- rity and interest rate. Such initially delivered 2008 Bonds shall be registered in the name of "Cede & Co." as nominee for DTC, the Depository for the 2008 Bonds. The 2008 Bonds may not thereafter be transferred or exchanged except: (1) to any successor of DTC or its nominee, which successor must be both a "clearing corporation" as defined in Section 4-8-102(a)(5), C.R.S. and a qualified and registered "clearing agency" under Section 17A of the Securities Exchange Act of 1934, as amended; or (2) upon the resignation of DTC or a successor or new Depository under clause (1) or this clause (2) of this paragraph A, or a determination by the Council that DTC or such successor or a new Depository is no longer able to carry out its functions, and the designation by the Council of another Depository acceptable to the Council and to the Depository then holding the 2008 Bonds, which new Depository must be both a "clearing corporation" as defined in Section 4-8-102(a)(5), C.R.S. and a qualified and registered "clearing agency" under Section 17A of the Securities Exchange Act of 1934, as amended, to carry out the functions of DTC or suet, successor new Depository; or (3) upon the resignation of DTC or a successor or new Depository under clause (1) above or designation of a new Deposi- tory pursuant to clause (2) above, or a determination of the Council that DTC or such successor or Depository is.no longer able to carry out its functions, and the failure by the Council, after reasonable investigation, to locate another Depository under clause (2) to carry out such Depository functions. B. In the case of a transfer to a successor of DTC or its nominee as referred to in clause (1) or (2) of paragraph A hereof, upon receipt of the outstanding 2008 Bonds by the Registrar together with written instructions for transfer satisfactory to the Regis- trar, a new 2008 Bond for each maturity and interest rate of the 2008 Bonds then Outstanding shall be issued to such successor or new Depository, as the case may be, or its nominee, as is specified in such written transfer instructions. In the case of a resignation or determination under clause (3) of paragraph A hereof and the failure after reasonable investigation to locate another qualified Depository for the 2008 Bonds as provided in clause (3) of paragraph A hereof, and upon receipt of the Outstanding 2008 Bonds by the Registrar, together with written instructions for transfer satisfactory to the Registrar, new 2008 Bonds shall be issued in denomi- nations of $5,000 or any integral multiple thereof, registered in the names of such Persons, and in such authorized denominations as are requested in such written transfer instructions; however, the Registrar shall not be required to deliver such new 2008 Bonds within a period of less than 60 days from the date of receipt of such written transfer instructions. C. The Council and the Registrar shall be entitled to treat the Registered Owner of any 2008 Bond as the absolute Owner thereof for all purposes hereof and any applicable laws, notwithstanding any notice to the contrary received by any or all of them and the Council and the Registrar shall have no responsibility for transmitting payments or notices to the beneficial owners of the 2008 Bonds held by DTC or any successor or new Depository named pursuant to paragraph A hereof. D. The Council and the Registrar shall endeavor to cooperate with DTC or any successor or new Depository named pursu- ant to clause (1) or (2) of paragraph A hereof in effectuating payment of the principal amount of the 2008 Bonds upon maturity by arranging for payment in such a manner that funds representing such payments are available to the Depository on the date they are due. E. Upon any partial redemption of any of the 2008 Bonds, Cede & Co. (or its successor) in its discretion may request the Town to issue and authenticate a new 2008 Bond or shall make an appropriate notation on the 2008 Bond indicating the date and amount of prepayment, except in the case of final maturity, in which case the 2008 Bond must be presented to the Registrar prior to payment. The records of the Paying Agent shall govern in the case of any dispute as to the amount of any partial prepayment made to Cede & Co. (or its successor). Section 13. Delivery of 2008 Bonds and Disposition of Proceeds When the 2008 Bonds have been duly executed by appropriate Town officers and authenticated by the Registrar, the Town shall cause the 2008 Bonds to be delivered to the Purchaser on receipt of the agreed purchase price. The 2008 Bonds shall be delivered in such denominations as the Purchaser shall direct (but subject to the provisions of Sections 11 and 12 hereof). The proceeds of the sale of the 2008 Bonds shall be deposited promptly by the Town and shall be accounted for in the following manner and are hereby pledged therefor, but the Purchaser or any subsequent Owner in no manner shall be responsible for the ap- plication or disposal by the Town or any of its officers of any of the funds derived from the sale of the 2008 Bonds: A. First, there shall be credited to the "Town of Vail, Colorado, Sales Tax Revenue Refunding Bonds, Series 2008 Escrow Account" (the "Escrow Account"), which is hereby created, an amount which shall be sufficient, together with other Town funds avail- able for such purpose, to establish any initial cash balance remaining uninvested and to buy Federal Securities to effect the Refund- ing Project. B. Second, the balance of the proceeds shall be deposited with the Paying Agent to be applied for the purpose of paying, together with any other money available therefor, costs of issuance of the 2008 Bonds. Section 14. Use of Moneys in Income Fund Subject to Section 16, so long as any Bonds shall be Outstanding, either as to principal or interest, the Pledged Revenues shall, upon receipt by the Town, be deposited in a special and separate account, heretofore created and established by the 1989 Ordinance and continued by this Ordinance, known as the "Town of Vail Income Fund." The following payments shall be made from the Income Fund: A. Bond Fund. First, there shall be credited from the Income Fund to a fund created by the 1989 Ordinance and known as the "Town of Vail, Sales Tax Bond Fund" the following amounts: (1) Interest Payments Monthly to the Bond Fund an amount in equal monthly installments necessary, together with any moneys therein and available therefor, to pay the interest due and payable on the Outstanding Bonds on the next succeeding interest payment date. (2) Principal Payments. Monthly to the Bond Fund an amount in equal monthly installments necessary, together with any moneys therein and available therefor, to pay the principal and redemption premium, if any, due and payable on the Outstanding Bonds on the next succeeding principal payment date. If prior to any interest payment date or principal payment date there has been accumulated in the Bond Fund the entire amount ne;,- essary to pay the next maturing installment of interest or principal, or both, the payment required in subparagraph (1) or (2) (which- ever is applicable) of this paragraph, may be appropriately reduced; but the required monthly amounts again shall be so credited to such account commencing on such interest payment date or principal payment date. The moneys in the Bond Fund shall be used only to pay the principal of, prior redemption premium if any, and interest on the Bonds as the same becomes due. B. Reserve Fund Second, except as provided below, from any moneys remaining in the Income Fund there shall be cred- ited monthly to a separate account created by the 1989 Ordinance and continued by this Ordinance known as the "Town of Vail Sales Tax Revenue Bonds Reserve Fund" an amount, if any, which is necessary to maintain the Reserve Fund as a continuing reserve in an amount not less than the Reserve Fund Requirement or to pay the issuer of any Bond Reserve Insurance Policy any amounts owing to such issuer under the terms of the Bond Reserve Insurance Policy. In determining the amounts required to be deposited as provided above, the Town shall receive credit for any investment earnings on the deposit in the Reserve Fund. Investment earnings on deposits in the Reserve Fund shall remain in the Reserve Fund until the amount on deposit equals the Maximum Annual Debt Service Requirement. No credit need be made to the Reserve Fund so long as the moneys and/or a Bond Reserve Insurance Policy therein equal the Reserve Fund Requirement (regardless of the source of such accumulations). The Reserve Fund Requirement shall be accumulated and maintained as a continuing reserve to be used, except as provided in subsections C and E of this Section and Section 20 hereof, only to prevent deficiencies in the payment of the principal of and the interest on the Bonds resulting from the failure to credit to the Bond Fund sufficient funds to pay said principal and interest as the same accrue or to pay the issuer of any Bond Reserve Insurance Policy any amounts owing to such issuer under the terms of the Bond Reserve Insurance Policy. The Reserve Fund Requirement shall be calculated upon (i) any principal payment, whether at stated maturity or upon redemption, (ii) the issuance of Additional Bonds, or (iii) the defeasance of all or a portion of the Bonds. In lieu of all or a portion of the moneys required to be deposited in the Reserve Fund by this Ordinance, the Town may at any time or from time to time (but only with the prior written consent of the bond insurer of any outstanding Bonds of the Town, if the provider is other than the bond insurer for such outstanding Bonds) deposit a Bond Reserve Insurance Policy in the Reserve Fund in full or partial satisfaction of the Reserve Fund Requirement. Any such Bond Reserve Insurance Policy shall be payable on any date on which moneys will be required to be withdrawn from the Reserve Fund as provided herein. Upon deposit of any Bond Reserve Insurance Policy in the Reserve Fund, the Town may transfer moneys equal to the amount payable under the Bond Reserve Insurance Policy from the Reserve Fund and apply such moneys to any lawful purpose. All cash and investments in the Reserve Fund shall be transferred to the Bond Fund for payment of principal and interest on the Bonds before any drawing may be made on any Bond Reserve Insurance Policy credited to the Reserve Fund in lieu of cash. Payment of any amounts owing to the provider of a Bond Reserve Insurance Policy shall be made prior to replenishment of any such cash amounts. Draws on all Bond Reserve Insurance Policies on which there is available coverage shall be made on a pro -rata basis (calculated by reference to the coverage then available thereunder) after applying all available cash and investments in the Reserve Fund. Payment of amounts awing to the providers of Bond Reserve Insurance Policies shall be made on a pro --rata basis prior to replenishment of any cash drawn from the Reserve Fund. The Town shall notify the Paying Agent and the provider of Bond Reserve Insurance Policy of the necessity for a claim upon the Bond Reserve Insurance Policy at least three Business Days prior to each date upon which interest or principal is due on the Bonds. If the tax covenant contained in Section 19.K. of this Ordinance does not permit the use of proceeds of any series of Bonds for a full funding of the Reserve Fund in the amount of the Reserve Fund Requirement, the maximum amount of proceeds of such series of Bonds which may be deposited to the Reserve Fund pursuant to Section 19.K. shall be deposited to the Reserve Fund upon the issuance of such series of Bonds and Pledged Revenues shall be deposited to the Reserve Fund monthly so that not later than twelve calendar months after the date of issuance of such series of Bonds the amount on deposit in the Reserve Fund shall equal the Reserve Fund Requirement. C. Termination Upon Deposits to Maturity or Redemption Date. No payment need be made into the Bond Fund, the Reserve Fund, or both, if the amount in the Bond Fund and the amount in the Reserve Fund total a sum at least equal to the entire amount of the Outstanding Bonds, both as to principal and interest to their respective maturities, or to any redemption date on which the Town shall have exercised its option to redeem the Bonds then Outstanding and thereafter maturing, including any prior redemp- tion premiums then due, and both accrued and not accrued, in which case moneys in the Bond Fund and Reserve Fund in an amc at least equal to such principal and interest requirements shall be used solely to pay such as the same accrue, and any moneys in excess thereof in the two Funds may be withdrawn and used for any lawful purpose. D. Defraying Delinquencies in Bond and Reserve Funds If on any required monthly payment date the Town shall for any reason fail to pay into the Bond Fund the full amount above stipulated, then an amount shall be paid into the Bond Fund on such date from the Reserve Fund equal to the difference between the amount paid and the full amount so stipulated. Any cash on deposit in the Reserve Fund shall be transferred to the Bond Fund to cover such a deficiency prior to the transfer of funds drawn under the Bond Reserve Insurance Policy.- If the Reserve Fund contains a Bond Reserve Insurance Policy from a provider other than the Bond Insurer and a Bond Reserve Insurance Policy provided by the Bond Insurer, any draw shall be on a pro -rata basis from both such Policies. After such a draw any available Pledged Revenues, after the payments required by paragraph A of this Section, shall be used first to repay the Bond Insurer to reinstate the Bond Reserve Insurance Policy and then to replenish cash in the Reserve Fund. The cash so used shall be replaced in the Reserve Fund from the first Pledged Revenues received that are not required to be otherwise applied by this Section, but excluding any payments required for any subordinate obligations; provided, however, that an amount equal to the amount withdrawn from the Reserve Fund shall be deposited by the Town in the Reserve Fund no later than twelve months from the date of such withdrawal. If at any time the Town shall for any reason fail to pay into the Reserve Fund the full amount above stipulated from the Pledged Revenues, the difference between the amount paid and the amount so stipulated shall in a like manner be paid therein from the first Pledged Revenues thereafter received not required to be applied otherwise by this Section, but excluding any payments required for any subordinate obligations. The moneys in the Bond Fund and in the Reserve Fund shall be used solely for the purpose of paying the principal and any redemption premium of and the interest on the Bonds, except that moneys in the Reserve Fund shall be used to pay the issuer of any Bond Reserve Insurance Policy any amounts owing to such issuer under the terms of the Bond Reserve Insurance Policy; provided, however, that any moneys at any time in excess of the Reserve Fund Requirement calculated with respect to the Bonds in the Reserve Fund may be withdrawn therefrom and used C40 Saturday, September 6, 2008 for any lawful purpose; and provided, further, that any moneys in the Bond Fund and in the Reserve Fund in excess of accrued and unaccrued principal and interest requirements to the respective maturities of the Outstanding Bonds may be used as provided in Paragraphs G and H of this Section. E. Rebate Fund. Third, there shall be deposited in a special account created by the 1989 Ordinance and continued by this Ordinance known as the "Town of Vail Sales Tax Revenue Bonds Rebate Fund" amounts required by Section 148(f) of the Tax Code to be held until such time as any required rebate payment is made. Amounts in the Rebate Fund shall be used for the purpose of making the payments to the United States required by Section 148(f) of the Tax Code. Any amounts in excess of those required to be on deposit therein by Section 148(f) of the Tax Code shall be withdrawn therefrom and deposited into the Income Fund. Funds in the Rebate Fund shall not be subject to the lien created by this Ordinance to the extent such amounts are required to be paid to the United States Treasury. The Town may create separate accounts in the Rebate Fund in connection with the issuance of Additional Bonds. F. Payment for Subordinate Obligations. After the payments required by Paragraphs A, B, and E of. this Section, the Pledged Revenues shall be used by the Town for the payment of interest on and principal of any obligations secured by Pledged Revenues subordinate to the lien of the Bonds. G. Use of Remaining Revenues. After making the payments required to be made by this Section, any remaining Pledged Revenues may be used for any lawful purpose. Nothing in this Ordinance shall prevent the Town from withdrawing from the Income Fund amounts collected by the Town and subse- quently determined, pursuant to the applicable Sales Tax Ordinances, to be subject to valid claims for refunds. Section 15. General Administration of Funds. The funds designated in Sections 13 and 14 hereof shall be adminis- tered as follows subject to the limitations stated in Section 19.K. hereof: A. Budget and Appropriation of Funds. The sums provided to make the payments specified in Section 14 hereof are hereby appropriated for said purposes, and said amounts for each year shall be included in the annual budget and the appropriation ordinance or measures to be adopted or passed by the Town Council in each year respectively while any of the 2008 Bonds, either as to principal or interest, are Outstanding and unpaid. No provision of any constitution, statute, charter, ordinance, resolution or other order or measure enacted after the issuance of the 2008 Bonds shall in any manner be construed as limiting or impairing the obligation of the Town to keep and perform the covenants contained in this Ordinance so long as any of the 2008 Bonds remain Out- stending and unpaid. Nothing herein shall prohibit the Town Council, at its sole option, from appropriating and applying other funds of the Town legally available for such purpose to the Bond Fund or Reserve Fund for the purpose of providing for the payment of the principal of and interest on the 2008 Bonds. B. Places and Times of Deposits. Each of the special funds created in Section 14 hereof shall be maintained by the Town as separate book accounts solely for the purposes herein designated therefor. For purposes of investment of moneys, nothing herein prevents the commingling of moneys accounted for in any two or more such book accounts pertaining to the Pledged Revenues or to such funds and any other funds of the Town to be established or continued under this Ordinance. Such book account shall be continuously secured to the fullest extent required by the laws of the State for the securing of public funds and shall be irrevocable and not withdrawable by anyone for any purpose other than the respective designated purposes of such funds or accounts. Each periodic payment shall be credited to the proper book account not later than the date therefor herein designated, except that when any such date shall be a Saturday, a Sunday or a legal holiday, then such payment shall be made on or before the next preceding business day. C. Investment of Funds. Any moneys in any fund established or continued by Section 14 of this Ordinance may be in- vested or reinvested in any Permitted Investment. Securities or obligations purchased as such an investment shall either be subject to redemption at any time at face value by the holder thereof at the option of such holder, or shall mature at such time or times as shall most nearly coincide with the expected need for moneys from the fund in question. Securities or obligations so purchased as an investment of moneys in any such fund shall be deemed at all times to be a part of the applicable fund. The Town shall present for redemption or sale on the prevailing market any securities or obligations so purchased as an investment of moneys in a given fund whenever it shall be necessary to do so in order to provide moneys to meet any required payment or transfer from such fund. The Town shall have no obligation to make any investment or reinvestment hereunder, unless any moneys on hand and accounted for in any one account exceed $5,000 and at least $5,000 therein will not be needed for a period of not less than 60 days. In such event the Town shall invest or reinvest not less than substantially all of the amount which will not be needed during such 60 day period, except for any moneys on deposit in an interest bearing account in a Commercial Bank, without regard to whether such moneys are evidenced by a certificate of deposit or otherwise, pursuant to this Section 15.C. and Section 15.E. hereof; but the Town is not required to invest, or so to invest in such a manner, any moneys accounted for hereunder if any such investment would contravene the covenant concerning arbitrage in Section 19.K. hereof. • D. No Liability for Losses Incurred in Performing_ Terms of Ordinance Neither the Town nor any officer of the Town shall be liable or responsible for any loss resulting from any investment or reinvestment made in accordance with this Ordinance. E. I Character of Funds. The moneys in any fund or account herein authorized shall consist of lawful money of the United States or investments permitted by Section 15.C. hereof or both such money and such investments. Moneys deposited in a demand or time deposit account in or evidenced by a certificate of deposit of a Commercial Bank pursuant to Sections 15.B. and 15.C. hereof, appropriately secured according to the laws of the State, shall be deemed lawful money of the United States. Section 16. Lien on Pledged Revenues. The 2008 Bonds constitute a pledge of, and an irrevocable first lien (but not an exclusive first lien) on all of the Pledged Revenues on a parity with the lien of the 1998 Bonds and the 2002B Bonds. The 2008 Bonds are equitably and ratably secured by a lien on the Pledged Revenues. The creation, perfection, enforcement, and priority of the pledge of revenues to secure or pay the Bonds as provided herein shall be governed by Section 11-57-208 of the Supplemental Act and this Ordinance. The revenues pledged for the payment of the Bonds, as received by or otherwise credited to the Town, shall immediately be subject to the lien of such pledge without any physical delivery, filing, or further act. The lien of such pledge on the revenues pledged for payment of the Bonds and the obligation to perform the contractual provisions made herein shall have priority over any or all other obligations and liabilities of the Town. The lien of such pledge shall be valid, binding, and enforceable as against all persons having claims of any kind in tort, contract, or otherwise against the Town irrespective of whether such persons have notice of such liens. Section 17. Additional Bonds. A. Limitations Upon Issuance of Additional Bonds. Nothing in this Ordinance shall be construed in such a manner as to prevent the issuance by the Town of additional bonds or other obligations, payable from and constituting a lien upon the Pledged Revenues on a parity with the lien of the 2008 Bonds (the "Additional Bonds"), except as provided in this Section. Such Additional Bonds may be payable solely from Pledged Revenues or they may be payable from Pledged Revenues and another revenue or fund of the Town ("Additional Pledged Revenues"). Regardless of whether payable solely from Pledged Revenues or from Pledged Rev- enues and Additional Pledged Revenues, such bonds or other obligations may be issued only if, for the Fiscal Year immediately pre- ceding the issuance of any Additional Bonds, the amount of Pledged Sales Tax Revenues in such Fiscal Year equaled or exceeded 150% of the Maximum Annual Debt Service Requirement on the Bonds (including the Additional Bonds proposed to be issued). For the purpose of satisfying the aforementioned 150% test, any tax, now existing or hereafter imposed, which legally becomes a part of the Pledged Sales Tax Revenues during the Fiscal Year preceding the issuance of Additional Bonds, or any tax which is to legally become a part of the Pledged Sales Tax Revenues immediately prior to the issuance of Additional Bonds, or any increase in the rate of any tax which is a part of the Pledged Sales Tax Revenues which increase is imposed during the Fiscal Year preceding the Wiance of Additional Bonds or any such increase which is to be imposed immediately prior to the issuance of Additional Bonds can beconsidered for its estimated effect on the amount of the Pledged Sales Tax Revenues as if such tax or increase had been in effect for the Fiscal Year immediately preceding the issuance of such Additional Bonds. Any tax which is no longer in effect at the time of issuance of the Additional Bonds shall not be considered for purposes of satisfying such tests. If the ordinance authorizing a series of Additional Bonds will pledge Additional Pledged Revenues to the Bonds, the estimated effect of the amount of such Additional Pledged Revenues may be considered as if such revenues had been received for the last Fiscal Year immediately preceding the issuance of such Additional Bonds. B. Certificate of Revenues. A written certification by a certified public accountant who is not an employee of the Town that the requirements of Paragraph A of this Section have been met shall be conclusively presumed to be accurate in determining the right of the Town to authorize, issue, sell and deliver said Additional Bonds on a parity with the 2008 Bonds herein authorized. C. Subordinate Obligations Permitted. Nothing in this Ordinance shall be construed in such a manner as to prevent the issuance by the Town of additional obligations payable from and constituting a lien upon the Pledged Revenues subordinate or junior to the lien of the 2008 Bonds. D. Superior Obligations Prohibited. Nothing in this Ordinance shall be construed so as to permit the Town to hereafter issue obligations payable from the Pledged Revenues having a lien thereon prior or superior to the 2008 Bonds. Section 1 B. Refunding Obligations. A. Generally. If at any time after the 2008 Bonds, or any part thereof, shall have been issued and remain Outstanding, the Town shall find it desirable to refund any Outstanding obligations payable from the Pledged Revenues, said obligations, or any part thereof, may be refunded, subject to the provisions of Paragraph B of this Section, if (1) the obligations to be refunded, at the time of their required surrender for payment, shall then mature or shall then be callable for prior redemption at the Town's option upon proper call, or (2) the owners of the obligations to be refunded and the Bond Insurer, if the Bond Insurer insured such obligations, consent to such surrender and payment. B. Protection of Obligations Not Refunded. Any refunding obligations payable from the Pledged Revenues shall be issued with such details as the Town Council may provide, so long as there is no impairment of any contractual obligation imposed upon the Town by any proceedings authorizing the issuance of any unrefunded portion of obligations payable from the Pledged Revenues; but so long as any 2008 Bonds are Outstanding, refunding obligations payable from the Pledged Revenues may be issued on a parity with the unrefunded Bonds only if: , , r Prior Consent. The Town first receives the consent of the owner or owners of the unrefunded Bonds and the Bond Insurer of such unrefunded Bonds, if any; or (2) Requirements Not Increased. The refunding obligations do not increase by more than $25,000, for any Fiscal Year prior to and including the last maturity date of any unrefunded Bonds, the aggregate principal and interest requirements evidenced by such refunding obligations and by any Outstanding Bonds not refunded, and the lien of any refunding parity obligations on the Pledged Revenues is not raised to a higher priority than the lien thereon of any obligations thereby refunded; or (3) Earnings Test. The refunding obligations are issued in compliance with Paragraphs A and B of Section 17 hereof. Section 19. Protective Covenants. The Town hereby additionally covenants and agrees with each and every owner of the 2008 Bonds that: A. Use of 2008 Bond Proceeds. The Town will proceed with the Refunding Project without delay and with due diligence. B. Payment of 2008 Bonds. The Town will promptly pay the principal of and interest on every 2008 Bond issued here- under and secured hereby on the dates and in the manner specified herein and in said 2008 Bonds according to the true intent and meaning hereof. Such principal and interest is payable solely from the Pledged Revenues. C. Amendment of Certain Ordinances: Duty to Impose Sales Tax; Impairment of Contract. The Sales Tax Ordinances are in full force and effect and have not been repealed or amended. The Town will not repeal or amend said Sales Tax Ordinances in any manner which would diminish the proceeds of the Sales Tax by an amount which would materially adversely affect the rights of the owners of the Bonds. The Town agrees that any law, ordinance or resolution of the Town in any manner affecting the Pledged Revenues or the Bonds, or otherwise appertaining thereto, shall not be repealed or otherwise directly or indirectly modified in such manner as to materially adversely affect any Bonds Outstanding, unless the required consent is obtained, all as provided in Section 34 of this Ordinance. Notwithstanding any other provision of this Section or this Ordinance, the Town shall retain the right to make changes, without any consent of Bond owners or the Bond Insurer, in the Sales Tax Ordinances, or any ordinance supplemental thereto or in substitution therefor, concerning the use of proceeds of the Pledged Sales Tax remaining after the current requirements of all ordinances authorizing bonds or other securities payable from the Pledged Sales Tax, or any portion thereof, have been met; or concerning changes in applicability, exemptions, administration, collection, or enforcement of the Sales Tax, if such changes do not materially adversely affect the security for the Bonds; but the Town shall not reduce the current rate of the Pledged Sales Tax without the consent of the owners of 66% in aggregate principal amount of the then Outstanding 2008 Bonds, as provided in Section 34 of this Ordinance. The foregoing covenants are subject to compliance by the Town with orders of courts of competent jurisdiction concerning the validity, constitutionality or collection of such tax revenues, any legislation of the United States or the State or any regulation or other action taken by the federal government, any State agency or any political subdivision of the State pursuant to such legislation, in the exercise of the police power thereof for the public welfare, which legislation, regulation or action applies to the Town as a Colorado home rule city and limits or otherwise inhibits the amount of such tax revenues due to the Town. All of the Pledged Revenues resulting from the imposition and collection of the Sales Tax shall be subject to the payment of the principal of, interest on, and redemption premium, if any, of all securities payable from the Pledged Revenues, including reserves therefor, as provided herein or in any instrument supplemental or amendatory hereof. D. Defense of Legalityy of Pledged Revenues There is not pending or threatened any suit, action or proceeding against or affecting the Town before or by any court, arbitrator, administrative agency or other governmental authority which affects the validity or legality of this Ordinance, or the Sales Tax Ordinances or the imposition and collection of the Sales Tax, any of the Town's obliga- tiorls under this Ordinance or any of the transactions contemplated by this Ordinance or the Sales Tax Ordinances. The Town shall, to the extent permitted by law, defend the validity and legality of this Ordinance, the Sales Tax and the Sales Tax THE VAIL DAILY1. 970.949.0555 vaildaily.com Ordinances against all claims, suits and proceedings which would diminish or impair the Pledged Revenues. Furthermore, the Town shall amend from time to time the provisions of any ordinance or resolution of the Town, as necessary to prevent impairment of the Pledged Revenues as required to meet the principal of and interest on the 2008 Bonds when due. E. Further Assurances. At any and all times the Town shall, so far as it may be authorized by law, pass, make, do, ex- ecute, acknowledge, deliver and file or record all and every such further instruments, acts, deeds, conveyances, assignments, trans- fers, other documents and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming all and singular the rights, the Pledged Revenues and other funds and accounts hereby pledged or assigned, or intended so to be, or which the Town may hereafter become bound to pledge or to assign, or as may be reasonable and required to carry out the purposes of this Ordinance. The Town, acting by and through its officers, or otherwise, shall at all times, to the extent permitted by law, defend, preserve and protect the pledge of said Pledged Revenues and other funds and accounts pledged hereunder and all the rights of every owner of any of the 2008 Bonds against all claims and demands of all Persons whomsoever. F. Conditions Precedent. Upon the issuance of any of the 2008 Bonds, all conditions, acts and things required by the Constitution or laws of the United States, the Constitution or laws of the State, the Charter or this Ordinance, to exist, to have hap- pened, and to have been performed precedent to or in the issuance of the 2008 Bonds shall exist, have happened and have been performed, and the 2008 Bonds, together with all other obligations of the Town, shall not contravene any debt or other limitation prescribed by the Constitution or laws of the United States, the Constitution or laws of the State or the Charter. G. Records. So long as any of the 2008 Bonds remain Outstanding, proper books of record and account will be kept by the Town, separate and apart from all other records and accounts, showing complete and correct entries of all transactions relating to the Pledged Revenues and the funds created or continued by this Ordinance. H. Audits. The Town further agrees that it will, within 180 days following the close of each fiscal year, cause an audit of such books and accounts to be made by a certified public accountant, who is not an employee of the Town, showing the revenues and expenditures of the Pledged Revenues. The Town agrees to allow the owner of any of the 2008 Bonds to review and copy such audits and reports, at the Town's offices, at his request. Copies of such audits and reports will be furnished to the Purchaser. I. Performing Duties. The Town will faithfully and punctually perform all duties with respect to the Pledged Revenues required by the Charter and the Constitution and laws of the State and the ordinances and resolutions of the Town, including but not limited to the proper collection and enforcement of the Sales Taxes and the segregation of the Pledged Revenues and their applica- tion to the respective funds herein designated. J. Other Liens. As of the date of issuance of the 2008 Bonds and after the Refunding Project, other than the 1998 Bonds and the 2002B Bonds, there are no liens or encumbrances of any nature whatsoever on or against any of the Pledged Revenues. K. Tax Covenant. The Town covenants for the benefit of the Registered Owners of the 2008 Bonds that it will not take any action or omit to take any action with respect to the 2008 Bonds, the proceeds thereof, any other funds of the Town or any facilities re -financed with the proceeds of the 2008 Bonds if such action or omission (i) would cause the interest on the 2008 Bonds to lose its exclusion from gross income for federal income tax purposes under Section 103 of the Tax Code, (ii) would cause interest on the 2008 Bonds to lose its exclusion from alternative minimum taxable income as defined in Section 55(b)(2) of the Tax Code except to the extent such interest is required to be included in adjusted current earnings adjustment applicable to corporations under Section 56 of the Tax Code in calculating corporate alternative minimum taxable income, or (iii) would cause interest on the 2008 Bonds to lose its exclusion from Colorado taxable income or Colorado alternative minimum taxable income under present Colorado law. The foregoing covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of the2008 Bonds until the date on which all obligations of the Town in fulfilling the above covenant under the Tax Code and Colorado law have been met. The Town hereby determines that neither the Town nor any entity subordinate thereto reasonably anticipates issuing more than $10,000,000 face amount of bonds or any other similar obligations during calendar year 2008. For the purpose of Section 265(b)(3)(B) of the Code, the Town hereby designates the 2008 Bonds as qualified tax-exempt obligations. L. Town's Existence_ The Town will maintain its corporate identity and existence so long as any of the 2008 Bonds remain Outstanding, unless another political subdivision by operation of law succeeds to the duties, privileges, powers, liabilities, disabilities, immunities and rights of the Town and is obligated by law to receive and distribute the Pledged Revenues in place of the Town, without materially adversely affecting the privileges and rights of any owner of any Outstanding 2008 Bonds. M. Performance of Duties. The Town will faithfully and punctually perform or cause to be performed all duties with respect to the Pledged Revenues, the proper segregation of the Pledged Revenues as set forth in Section 13 hereof and their application to the respective funds as herein provided. N. Prompt Collections. The Town will cause the Pledged Revenues to be collected promptly and accounted for in the funds as herein provided. O. Surety Bonds. Each official of the Town having custody of the Pledged Revenues, or responsible for their handling, shall be fully bonded at all times, which bond shall be conditioned upon the proper application of such money. P. Prejudicial Contracts and Action Prohibited. No contract will be entered into, nor will any action be taken, by the Town by which the rights and privileges of any Owner are impaired or diminished. Q. Continuing Disclosure Certificate. The Town will comply with the terms of the Continuing Disclosure Certificate. Any failure by the Town to perform in accordance with this Section 19.01 shall not constitute an "event of default" under Section 22 of this Ordinance, and the rights and remedies provided by this Ordinance upon the occurrence of an "event of default" shall not apply to any such failure. Unless otherwise required by law, no owner of a 2008 Bond shall be entitled to damages for the Town's noncom- pliance with its obligations under this Section 19. However, the owners of the 2008 Bonds may enforce specific performance of the obligations contained in this Section 19.Q by any judicial proceeding available. Section 20. Defeasance. When the 2008 Bonds have been fully paid both as to principal and interest, all obligations hereunder shall be discharged and the 2008 Bonds shall no longer be deemed to be Outstanding for any purpose of this Ordinance, except as set forth in Section 19.K. hereof. Payment of any 2008 Bonds shall be deemed made when the Town has placed in escrow with a Trust Bank an amount sufficient (including the known minimum yield from Federal Securities) to meet all requirements of principal and interest on such 2008 Bonds as the same become due to maturity. The Federal Securities shall become due at or prior to the respective times on which the proceeds thereof shall be needed, in accordance with a schedule agreed upon between the Town and such Trust Bank at the time of creation of the escrow and shall not be callable prior to their scheduled maturities by the issuer thereof. In the event that there is a defeasance of only part of the 2008 Bonds of any maturity, the Registrar shall, if requested by the Town, institute a system to preserve the identity of the individual 2008 Bonds or portions thereof so defeased, regardless of changes in bond numbers attributable to transfers and exchanges of 2008 Bonds; and the Registrar shall be entitled to reasonable compensation and reimbursement of expenses from the Town in connection with such system. Section 21. Delegated Powers Acceotance of Purchase Contract. The officers of the Town hereby are 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 printing of the 2008 Bonds, the procuring of bond insurance, entering into and executing appropri- ate agreements with the Registrar and Paying Agent as to its services hereunder, and the execution of such certificates as may be required by the Purchaser, including, but not necessarily limited to, the absence and existence of factors affecting the exclusion of interest on the 2008 Bonds from gross income for federal income tax purposes. The form, terms and provisions of the Purchase Contract, the Registrar Agreement, the Escrow Agreement, the Con- tinuing Disclosure Certificate and the Letter of Representations hereby are approved, and the Town shall enter into and perform its obligations under the Purchase Contract, the Registrar Agreement, the Escrow Agreement, the Continuing Disclosure Certificate and the Letter of Representations in substantially the forms of such documents as on file with the Town, with only such changes therein as are required by the circumstances and are not inconsistent herewith or, with respect to the Purchase Contract, with such changes as may be approved by the Mayor, the Town Manager or the Finance Director and subject to the parameters and restrictions con- tained in this ordinance; and the Mayor and Town Clerk are hereby authorized and directed to execute and deliver such documents as required hereby. The Preliminary Official Statement in the form hereafter approved by any of the Mayor, the Town Manager or Finance Director is hereby approved and the officers of the Town are authorized and directed to participate in the preparation of, and to execute and deliver, the Official Statement. The execution of the Official Statement by the Mayor shall be conclusively deemed to evidence the Town's approval of the form and contents thereof. Any of the Mayor, the Town Manager or the Finance Director has the independent authority to accept any proposal of the Underwriter to purchase the 2008 Bonds and to execute a Purchase Contract and a Sale Certificate in connection therewith, as well as the authority to make determinations in relation to the 2008 Bonds contained in such Sale Certificate subject to the parameters and restrictions contained in Section 5 of this Ordinance. Further the Mayor, the Town Manager and the Finance Director are hereby independently authorized to execute and deliver a commitment for the issuance of a municipal bond insurance policy by a bond insurer on the 2008 Bonds, if any, and enter into any related documents or agreements subject to the Supplemental Act to secure the payment of principal of and interest on the Bonds. Section 22. Events of Default. Each of the following events is hereby declared an "event of default:" A. Nonpayment of Principal. If payment of the principal of any of the 2008 Bonds in connection therewith, shall not be made when the same shall become due and payable at maturity; or B. Nonpayment of Interest. If payment of any installment of interest on the 2008 Bonds shall not be made when the same becomes due and payable; or C. Incapable to Perform. If the Town shall for any reason be rendered incapable of fulfilling its obligations hereunder; or D. Default of any Provision. If the Town shall default in the due and punctual performance of its covenants or conditions, agreements and provisions contained in the 2008 Bonds or in this Ordinance on its part to be performed, other than those delineated in Paragraphs A and B of this Section, and if such default shall continue for 30 days after written notice specifying such default and requiring the same to be remedied shall have been given to the Town by the owners of not less than 25% in aggregate principal amount of the 2008 Bonds then Outstanding. Section 23. Remedies. Upon the happening and continuance of any event of default as provided in Section 22 hereof, the owner or owners of not less than 25% in principal amount of the Outstanding Bonds, or a trustee therefor, may protect and enforce their rights hereunder by proper legal or equitable remedy deemed most effectual including mandamus, specific performance of any covenants, the appointment of a receiver (the consent of such appointment being hereby granted), injunctive relief, or requiring the Town Council to act as if it were the trustee of an express trust, or any combination of such remedies. Section 24. Duties Upon Default. Upon the happening of any of the events of default as provided in Section 22 of this Ordinance, the Town, in addition, will do and perform all proper acts on behalf of and for the owners of the 2008 Bonds to protect and preserve the security created for the payment of the 2008 Bonds and to insure the payment of the principal of and interest on said 2008 Bonds promptly as the same become due. Proceeds derived from the Pledged Revenues, so long as any of the 2008 Bonds herein authorized, either as to principal or interest, are Outstanding and unpaid, shall be paid into the Bond Fund and the Reserve Fund, pursuant to the terms hereof and to the extent provided herein, and used for the purposes herein provided. Section 25. Replacement of Registrar or Paying Agent. If the Registrar or Paying Agent initially appointed hereunder shall resign, or if the Town shall determine to replace such Registrar or Paying Agent, the Town may, upon notice mailed to each owner of any 2008 Bond at his address last shown on the registration records, appoint a successor Registrar or Paying Agent, or both. No resignation or dismissal of the Registrar or Paying Agent may take effect until a successor is appointed. Every such suc- cessor Registrar or Paying Agent shall be a bank or trust company having a shareowner's equity-e.g., capital, surplus, and undivided profits), however denominated, of not less than $10,000,000. It shall not be required that the same institution serve as both Registrar and Paying Agent hereunder, but the Town shall have the right to have the same institution serve as both Registrar and Paying Agent hereunder. Section 26. Maintenance of Escrow Account. The Escrow Account shall be maintained at all times subsequent to the initial deposit of moneys therein in an amount at least sufficient, together with the known minimum yield to be derived from the initial investment and any temporary reinvestment of the deposits therein or any part thereof in Federal Securities (as defined therein), to pay the Refunded Bond Requirements as the same become due. Section 27. Use of Escrow Account. Moneys shall be withdrawn by the Escrow Bank from the Escrow Account in suf- ficient amounts and at such times to permit the payment without default of the Refunded Bond Requirements. Any moneys remaining in the Escrow Account after provision shall have been made for the redemption in full of the Refunded Bonds shall be applied to any lawful purpose of the Town as the Town Council may hereafter determine. Section 28. Insufficiency of Escrow Account. If for any reason the amount in the Escrow Account shall at any time be insufficient for the purpose of Sections 26 and 27 hereof, the Town shall forthwith deposit in such account such additional moneys as shall be necessary to permit the timely payment in full of the Refunded Bond Requirements. Section 29. Exercise of Option. The Town Council has elected and does hereby declare its intent to exercise on the behalf of and in the name of the Town its option to redeem the Refunded Bonds on the Redemption Date. Section 30. No Recourse against Officers and Agents. Pursuant to Section 11-57-209 of the Supplemental Act, if a member of the Town 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 or interest on the 2008 Bonds. Such recourse shall not be available either directly or indirectly through the Town Council or the Town, or otherwise, whether by virtue of any constitution, statute, rule of law, en- forcement of penalty, or otherwise. By the acceptance of the 2008 Bonds and as a part of the consideration of their sale or purchase, any person purchasing or selling such 2008 Bond specifically waives any such recourse. Section 31. Bond Insurer as Owner. So long as the issuer of a municipal bond insurance policy, if any; is not then in default under such bond insurance policy, the bond insurer shall be deemed to be the Owner of all 2008 Bonds insured by it for THE VAIL DAILY 970.949.0555 vaildaily.com purposes of exercising remedies, waiving defaults, or granting consents pursuant to this Ordinance. Section 32. Conclusive Recital. Pursuant to Section 11-57-210 of the Supplemental Act, the 2008 Bonds shall contain a recital that they are issued pursuant to the Supplemental Act. Such recital shall be conclusive evidence of the validity and the regularity of the issuance of the 2008 Bonds after their delivery for value. Section 33. Limitation of Actions. Pursuant to Section 11-57-212 of the Supplemental Act, no legal or equitable action brought with respect to any legislative acts or proceedings of the Town in connection with the authorization or issuance of the 2008 Bonds, including but not limited to the adoption of this Ordinance, shall be commenced more than thirty days after the authorization of the 2008 Bonds. Section 34. Severability. If any one or more sections, sentences, clauses or parts of this Ordinance shall for any reason be held invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, but shall be confined in its operation to the specific sections, sentences, clauses or parts of this Ordinance so held unconstitutional or invalid, and the inapplicability and invalidity of any section, sentence, clause or part of this Ordinance in any one or more instances shall not affect or prejudice in any way the applicability and validity of this Ordinance in any other instances. Section 35. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 36. Amendment. After any of the 2008 Bonds have been issued, this Ordinance shall constitute a contract between the Town and the owners of the Bonds and shall be and remain irrepealable until the Bonds and the interest thereon have been fully paid, satisfied and discharged. A. The Town may, without the consent of, or notice to the owners of the 2008 Bonds, adopt such ordinances supplemental hereto (which supplemental amendments shall thereafter form a part hereof) for any one or more or all of the following purposes: (1) to cure any ambiguity, or to cure, correct or supplement any defect or omission or inconsistent provision contained in this Ordinance, or to make any provisions with respect to matters arising under this Ordinance or for any other purpose if such provi- sions are necessary or desirable and do not adversely affect the interests of the owners of the 2008 Bonds; (2) to subject to the lien of this Ordinance additional revenues, properties or collateral; (3) to grant or confer upon the Registrar for the benefit of the registered owners of the Bonds any additional rights, rem- edies, powers, or authority that may lawfully be granted to or conferred upon the registered owners of the Bonds; or (4) to qualify this Ordinance under the Trust Indenture Act of 1939. B. Exclusive of the amendatory ordinances permitted by Paragraph A of this Section, this Ordinance may be amended or supplemented by ordinance adopted by the Town Council in accordance with the law, without receipt by the Town of any additional consideration but with the written consent of the owners of 66% in aggregate principal amount of the 2008 Bonds Outstanding at the time of the adoption of such amendatory or supplemental ordinance; provided, however, that, without the written consent of the own- ers of all of the 2008 Bonds adversely affected thereby, no such Ordinance shall have the effect of permitting: (1) An extension of the maturity of any 2008 Bond authorized by this Ordinance; or (2) A reduction in the principal amount of any 2008 Bond or the rate of interest thereon; or (3) The creation of a lien upon or pledge of Pledged Revenues ranking prior to the lien or pledge created by this Ordinance; or (4) A reduction of the principal amount of 2008 Bonds required for consent to such amendatory or supplemental ordinance; or (5) The establishment of priorities as between 2008 Bonds issued and Outstanding under the provisions of this Ordinance; or (6) The modification of or otherwise affecting the rights of the owners of less than all of the 2008 Bonds then Outstanding. Copies of any waiver, modification or amendment to this Ordinance shall be delivered to any entity then maintaining a rating on the 2008 Bonds and to the Paying Agent and Registrar. Section 37. Ordinance Irrepealable. After any of the 2008 Bonds herein authorized are issued, this Ordinance shall constitute a contract between the Town and the owners of the 2008 Bonds, and shall be and remain irrepealable until the 2008 Bonds and interest thereon shall be fully paid, cancelled and discharged as herein provided. Section 38. Disposition of Ordinance. This Ordinance, as adopted by the Town Council, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publication. Section 39. Effective Date_ This ordinance shall be in full force and effect five days after publication following final passage. INTRODUCED, READ AND APPROVED on first reading by a vote of 7 to 0 this 2nd of September, 2008, and ordered published in full together with notice of hearing in the Vail Daily, a newspaper of general circulation in the Town of Vail; and further order that a Public Hearing on the Ordinance and consideration on final passage be set for Tuesday, September 16, 2008, at 7:00 p.m. at the Town Hall. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED by title, unless amendments were made between first and second reading, if so then ordered published in full, in the Vail Daily, a newspaper of general circulation in the Town of Vail on second and final reading by a vote of to , this 16th day of September, 2008. Mayor Town of Vail, Colorado (SEAL) Attest Town Clerk Town of Vail, Colorado Saturday, September 6, 2008 C41 STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF VAIL ) I, the Town Clerk of the Town of Vail, Colorado, do hereby certify 1. That the foregoing pages are a true, perfect and complete copy of the Ordinance adopted by the Town Council consti- tuting the governing board of the Town of Vail (the `Town Council'), had and taken at an open, regular meeting of the Town Council held at the Town Hall, in Vail, Colorado, on September 2, 2008, convening at the hour of 7:00 p.m. as recorded in the regular book of official records of the proceedings of said Town of Vail kept in my office. 2. That the Ordinance was read by title, duly moved and seconded and the Ordinance was approved on first reading by a vote of —to --- - of the members of the Town Council at the regular meeting of the Town Council held at the Town Hall, in Vail, Colorado, on September 2, 2008, convening at the hour of 7:00 p.m., as follows: Name "Yes' "No" Absent Abstain Dick Cleveland X Andy Daly X Farrow Hitt X Mark Gordon X Margaret Rogers X Kim Newbury X. Kevin Foley X 3. That the ordinance, as well as the notice of public hearing was published after first reading in the Vail Daily, a newspa- per of general circulation within the Town on , 2008. The affidavit of publication is attached hereto as Exhibit A. 4. That following said public hearing, the passage of the Ordinance on second reading was duly moved and seconaod,", and the Ordinance was finally adopted at the meeting of September 16, 2008, by an affirmative vote of a majority of the members of the Town Council as follows: Name "Yes' "No" Absent Abstain Dick Cleveland Andy Daly Farrow Hitt Mark Gordon Margaret Rogers Kim Newbury Kevin Foley 5. The members of the Town Council were present at each of the meetings and voted on the passage of such Ordinance as set forth above. 6. There are no bylaws, rules or regulations of the Town Council which might prohibit the adoption of said Ordinance. 7, The Ordinance was published [in full/by title] in the Vail Daily, a newspaper of general circulation in the Town, on ___ _.__.... , 2008, and the affidavit of publication is attached hereto as Exhibit B. 8. Notice of the meetings of September 2, 2008 and September 16, 2008, in the forms attached hereto as Exhibit C was posted at the Town Hall, not less than 24 hours prior to each meeting in accordance with law. WITNESS my hand and the seal of said Town affixed this September _ , 2008. Town Clerk (SEAL) EXHIBIT A AFFIDAVIT OF PUBLICATION AFTER FIRST READING (published , 2008) EXHIBIT B AFFIDAVIT OF PUBLICATION AFTER SECOND READING (published _ 2008) EXHIBIT C Notice of the Meetings of September 2, 2008 and September 16, 2008 Published in the Vail Daily September 6, 2008. 2403 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 9/20/2008 and that the last publication of said notice was in the issue of said newspaper dated 9/20/2008. In witness whereof has hereunto set my ha _ this 15th day of October, 2008 Publisher/G ra anager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this I't day of October 15th, 2008. Pamela Joan Schultz f Notary Public My Commission expires: November 1, 2011 THE VAIL DAILY ; 970.949.0555 vaildaily.com Saturday, September 20, 2008 C31 ORDINANCE NO. 20 B. Section 9.6 of the Charter permits the Town to issue securities made payable solely out of the proceeds of any sales taxes without an election. SERIES OF 2008 C. The Town imposes a Sales Tax pursuant to Section 11.1 of the Charter and the Sales Tax Ordinances. D. Article X of the Town Charter authorizes the Town Council to issue refunding bonds without an election. AN ORDINANCE AUTHORIZING THE ISSUANCE OF TOWN OF VAIL. COLORADO SALES TAX REVENUE REFUNDING BONDS, E. Pursuant to Article X, Section 20 (4) of the State Constitution, refunding bonds may be issued without an election if issued SERIES 2008; PROVIDING THE FORM, TERMS AND CONDITIONS OF THE 2008 BONDS, THE MANNER AND TERMS OF ISSU- at a lower interest rate than the refunded bonds. ANCE, THE MANNER OF EXECUTION, THE METHOD OF PAYMENT AND THE SECURITY THEREFOR; PLEDGING SALES TAX F. The Refunded Bonds are subject to redemption on the Redemption Date at a price equal to principal amount redeemed REVENUES OF THE TOWN FOR THE PAYMENT OF THE 2008 BONDS; PROVIDING CERTAIN COVENANTS AND OTHER DE- plus accrued interest to the Redemption Date. TAILS AND MAKING OTHER PROVISIONS CONCERNING THE 2008 BONDS, THE SALES TAX REVENUES AND THE REFUND- G. The Town Council has determined and hereby declares that it is in the Town's best interest to effect the Refunding Proj- ING PROJECT; DELEGATING CERTAIN AUTHORITY TO THE MAYOR, THE TOWN MANAGER AND THE FINANCE DIRECTOR; RATIFYING ACTION PREVIOUSLY TAKEN; AND APPERTAINING THERETO; AMENDING THE ORDINANCES AUTHORIZING THE TOWN'S SALES TAX REVENUE REFUNDING BONDS, SERIES 1998A AND SALES TAX REVENUE REFUNDING BONDS, SERIES 2002B; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Definitions. Terms used in this Ordinance shall have the meanings specified in this Section for all purposes of this Ordi- nance and of any ordinance amendatory hereof, supplemental hereto or relating hereto, and of any instrument or document appertain- ing hereto, except where the context by clear implication otherwise requires. All definitions include the singular and plural and include all genders. Certain terms are parenthetically defined elsewhere herein. Additional Bonds: the one or more series of bonds or other securities or obligations authorized to be issued by the Town pursuant to Section 17 hereof and having a lien on the Pledged Revenues on a parity with the lien of the Bonds. Bond Fund: the fund by that name created by the 1989 Ordinance and continued in this Ordinance. Bond Insurer: the issuer of the Bond Insurance Policy, if any. Bond Insurance Policy: a municipal bond insurance policy issued by the Bond Insurer guaranteeing the payment of principal of and interest on the 2008 Bonds, if any. Bond Reserve Insurancc-e Policy: any insurance policy, surety bond, irrevocable letter of credit or similar instrument deposited in or credited to the Reserve Fund in lieu of or in partial substitution for moneys on deposit therein. The issuer providing any such Bond Reserve Insurance Policy shall be an issuer which then is rated in one of the four highest investment grade rating categories by one or more nationally recognized organizations which regularly rate such obligations. Bonds: the 2008 Bonds, the 20028 Bonds, the Outstanding 1998A Bonds, and any Additional Bonds, Business Day a day, other than Saturday or Sunday, on which banks located in the city in which the Principal Office of the Paying Agent is located are not required or authorized to be closed and on which The New York Stock Exchange is not closed. Charter: the home rule Charter of the Town, including all amendments thereto prior to the date hereof. Commercial Bank: any depository for public funds permitted by the laws of the State for political subdivisions of the State which has a capital and surplus of $10,000,000 or more, and which is located within the United States. Continuing Disclosure Certificate: the Continuing Disclosure Certificate executed by the Town in connection with the issuance of the 2008 Bonds, which constitutes an undertaking pursuant to Rule 15c2-12 promulgated by the U.S. Securities and Exchange Commis- sion. C.R.S.: the Colorado Revised Statutes, as amended and supplemented as of the date hereof. DTC: The Depository Trust Company, New York, New York, and its successors and assigns. Escrow Account_ the Escrow Account for the Refunding Project established with the Escrow Bank pursuant to Section 13.B. hereof. Escrow Agreement: the Escrow Agreement between the Town, and the Escrow Bank relating to the Refunding Project. Escrow Bank: U.S. Bank National Association, in Denver, Colorado, acting as escrow agent pursuant to the Escrow Agreement, or any successor. Federal, Securities: only direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States (or ownership interests in any of the foregoing) and which are not callable prior to their scheduled maturities by the issuer thereof (or an ownership interest in any of the foregoing). Financial Guaranty Agreement: the Financial Guaranty Agreement between the Town and MBIA Insurance Corporation, as the issuer of the Bond Reserve Insurance Policy in connection with the issuance of the 2008 Bonds. Fiscal Year: the twelve months commencing on the first day of January of any calendar year and ending on the thirty-first day of December of such calendar year or such other twelve month period as may from time to time be designated by the Town Council as the Fiscal Year of the Town. Finance Director: the Finance Director of the Town. Income Fund: the special fund by that name created by the 1989 Ordinance and continued by this Ordinance. Letter of Representations: the letter of representations from the Town to DTC to induce DTC to accept the 2008 Bonds as eligible for deposit at DTC. Maximum Annual Debt Service Requirement: the maximum amount of all required payments of principal and interest on the Bonds which will become due in any Fiscal Year. Mayor: the Mayor of the Town. Mayor Pro Tem: the Mayor Pro Tem of the Town 1989 Ordinance_ Ordinance No. 29, Series of 1989 of the Town, as amended by Ordinance No. 32, Series of 2002, and Ordinance No. 27, Series of 2005. 1998A Bonds: the Town's Sales Tax Revenue Refunding Bonds, Series 1998A, originally issued in the aggregate principal amount of $8,760,000 and currently outstanding in the aggregate principal amount of $7,775,000. Official Statement: the Official Statement delivered in connection with the original pricing and sale of the 2008 Bonds. Ordinance, this Ordinance of the Town, which provides for the issuance and delivery of the 2008 Bonds. Outstanding: as of any date of calculation, all Bonds theretofore executed, issued and delivered by the Town except: (1) Bonds theretofore cancelled by the Town, Registrar or Paying Agent, or surrendered to the Town, Registrar or Paying Agent for cancellation; (2) Bonds in lieu of or in substitution for which other Bonds shall have been executed, issued and delivered by the Town and authenticated by the Registrar unless proof satisfactory to the Registrar is presented that any such Bonds are duly held by the lawful registered owners thereof; or (3) Bonds deemed to have been paid as provided in Section 20 hereof. Owner or registered owner: the registered owner of any 2008 Bond as shown on the registration records kept by the Registrar. Paving Aaent_ U.S. Bank National Association, Denver, Colorado, being the agent for the Town for the payment of the 2008 Bonds and interest thereon, or its successors and assigns. Permitted_ Investment: any investment or deposit permitted by the Charter and ordinances of the Town. Person; any individual, firm, partnership, corporation, company, association, joint-stock association or body politic; and the term in- cludes any trustee, receiver, assignee or other similar representative thereof. Pledged Revenues:. (i) the revenues derived from the Pledged Sales Tax; (ii) any additional taxes (other than a general ad valorem tax), funds or revenues which the Town hereafter pledges to the payment of Bonds; (iii) proceeds of the Bonds or other legally available moneys deposited into and held in the Bond Fund and the Reserve Fund; and (iv) interest or investment income on the Income Fund, the Bond Fund and the Reserve Fund; all to the extent that such moneys are at any time required by Section 14 hereof to be deposited into and held in the Income Fund, the Bond Fund and the Reserve Fund. Pledged Sales Tax: the proceeds of the Town's current 4% Sales Tax, which is also pledged to the payment of the 1998A Bonds and the 2002B Bonds. "Pledged Sales Tax" does not include incremental sales taxes which are or may be pledged to the payment of the Bonds pursuant to an urban renewal plan as defined in Section 31-25-103(a), C.R.S., or a plan of development as defined in Section 31-25-802 (6.4), C.R.S. "Pledged Sales Tax' does not include amounts withheld by retailers and vendors to cover their expenses in col- lecting and remitting the Pledged Sales Tax, and Pledged Sales Tax does not include amounts collected by the Town and subsequently determined, pursuant to the applicable Sales Tax Ordinances, to be subject to valid claims for refunds. "Pledged Sales Tax' does not include the proceeds of any increase in the Sales Tax which may be approved in the future, unless such increase is expressly pledged to the Bonds by the Town. "Pledged Sales Tax" does include the proceeds derived by the Town from any legally available tax or taxes or fees (other than a general ad valorem tax) which replace or supersede the Pledged Sales Tax, regardless of whether such tax or taxes or fees are imposed by the Town or the State or other political subdivision thereof. Preliminary Official Statement: the Preliminary Official Statement relating to the 2008 Bonds a copy of the form of which is on file with the Town Clerk. Principal Office: the principal office of U.S. Bank National Association, 950 17th Street, 12th Floor, Denver, Colorado, Attention: Cor- porate Trust Services; for notices and with respect to payments, exchanges, transfers or surrenders of the 2008 Bonds, means U.S. Bank National Association, 60 Livingston Avenue, St. Paul, Minnesota 55107. Purchase Contract: the Bond Purchase Agreement between the Townandthe Purchaser. Purchaser: Piper Jaffray & Co. Rebate Fund: the fund by that name created by the 1989 Ordinance and continued by this Ordinance. Redemption Date means December 1, 2008. Refunded Bond Requirements: the payment of: i) interest on the Refunded Bonds both accrued and not accrued, as the same becomes due on the Redemption Date; and ii) the principal of the Refunded Bonds as the same becomes due or is called for prior redemption on the Redemption Date. Refunded Bonds: that portion of the 1998A Bonds maturing on and after December 1, 2009. Refunding Project: the payment of the Refunded Bond Requirements and the costs of issuing the 2008 Bonds. RRe istrar: U.S. Bank National Association, Denver, Colorado, being the agent for the Town for the registration, transfer and exchange of the 2008 Bonds, or its successors. Registrar Agreement: the Registrar and Paying Agent Agreement between the Town and the Registrar. Regular Record. Date:, the fifteenth day of the calendar month next preceding each interest payment date for the 2008 Bonds (other than a special interest payment date hereafter fixed for the payment of defaulted interest). Reserve Fund: the fund by that name created by the 1989 Ordinance and continued by this Ordinance. Reserve Fund Reeuirement_ an amount equal to the least of (i) 10% of the stated principal amount of the Outstanding Bonds, (ii) 100% of the Maximum Annual Debt Service Requirement, or (iii) 125% of the Average Annual Debt Service, to be maintained in the Reserve Account, except to the extent of any Bond Reserve Insurance Policy therein. Sale Certificate: the certificate executed by any of the Mayor, the Town Manager or the Finance Director dated on or before the date of delivery of the 2008 Bonds, setting forth the present value savings accomplished through the Refunding Project, the interest rate on the 2008 Bonds, the date on which payment of interest shall commence, the dates on which principal and interest shall be paid, the price at which the 2008 Bonds will be sold, the total principal amount of the 2008 Bonds, the dates on which the 2008 Bonds may be called for redemption, the redemption price of the 2008 Bonds, the amount of principal maturing on each date, and whether the 2008 Bonds will be secured by a Bond Insurance Policy, all subject to the parameters and restrictions contained in this Ordinance. Sales Tax: the tax upon the sale and use of goods and services which is currently being levied by the Town pursuant to the Sales Tax Ordinances and any future or amended tax levied by the Town as a sales and use tax. Sales Tax Ordinances: the ordinances adopted by the Town Council for the purpose of adopting and enforcing the Sales Tax and which are in effect on the date of this Ordinance and as later amended or supplemented. Special Record Date: a special date fixed to determine the names and addresses of registered owners for purposes of paying interest on a special interest payment date for the payment of defaulted interest, all as further provided in Section 5 hereof. State: the State of Colorado. Supplemental Act means the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, C.R.S. Tax Code: the Internal Revenue Code of 1986, as amended to the date of delivery of the 2008 Bonds, and any regulations promulgated thereunder. Term Bonds: 2008 Bonds which are payable on or before their specified maturing dates from sinking fund payments established for that purpose and calculated to retire such 2008 Bonds on or before their specified maturity dates. Town: the Town of Vail, Colorado. Town Clerk: the Town Clerk of the Town or, in his or her absence, the deputy Town Clerk of the Town. Town Council: the Town Council of the Town or any successor in functions thereto. Town Manager: the Town Manager of the Town. Trust Bank: a Commercial Bank which is authorized to exercise and is exercising trust powers. 2002B Bonds: the Town's Sales Tax Revenue Refunding Bonds, Series 2002B, originally issued in the aggregate principal amount of $5,570,000 and currently Dutstanding in the aggregate principal amount of $2,260,000. 2008 Bonds: The Town's Sales Tax Revenue Refunding Bonds, Series 2008, authorized by this Ordinance. Section 2. Recitals. A. The Town is a municipal corporation duly organized and existing under the Charter adopted pursuant to Article XX of the Constitution of the State. ect. H. Except for the December 1, 2008 maturity of the 1998A Bonds, and the 2002B Bonds, the Town has not pledged the Sales Tax to the payment of any bonds or for any purpose. Simultaneously with the issuance of the 2008 Bonds, the Refunded Bonds will be refunded and defeased. The Pledged Sales Tax may now be pledged (with a lien which is on a parity with the 1998A Bonds and 2002B Bonds) lawfully and irrevocably for the payment of the 2008 Bonds. I. There are on file with the Town Clerk the proposed forms of the following documents: the Purchase Contract; the Escrow Agreement; the Letter of Representations; the Registrar Agreement; the Continuing Disclosure Certificate, and the Financial Guaranty Agreement. J. The Town Council desires to cause the 2008 Bonds to be issued, to authorize and direct the application of the proceeds thereof as set forth herein, and to provide security for the payment thereof, all in the manner set forth below. Section 3. Ratification. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the Town Council and other officers of the Town in the imposition and collection of the Sales Tax, the Refunding Project, and selling and issuing the 2008 Bonds for those purposes are ratified, approved and confirmed. Section 4. Authorization of -the 2008 Bonds.. There hereby is authorized to be issued an issue of fully registered sales tax revenue securities of the Town, to be designated "Town of Vail, Colorado, Sales Tax Revenue Refunding Bonds, Series 2008" in the aggregate principal amount set forth in the Sale Certificate, to be payable and collectible, both as to principal and interest, from the Pledged Rev- enues. Section 11-57-205 of the Supplemental Act provides that a public entity may delegate to any member of the issuing authority, chief executive officer, or chief financial officer of the public entity the authority to sign a contract for the purchase of the securities or to accept a binding bid for the securities, such delegation to be effective for one year after adoption of the act of issuance. The Council hereby delegates and authorizes any of the Mayor, the Town Manager or the Finance Director the independent authority to execute and deliver a Purchase Contract, execute and deliver the Sale Certificate setting forth the terms on which the 2008 Bonds will be delivered, subject to the parameters and restriction contained in this Ordinance. Any of the Mayor, the Town Manager or the Finance Director is hereby authorized to determine if obtaining municipal bond insurance is in the best interests of the Town, and if so, to select a bond insurer to issue a municipal bond insurance policy, execute a commitment relating to the same and execute any related documents or agreements required by such commitment. Should the Town elect to not obtain bond insurance, any reference herein to the Bond Insurer or Bond Insurance Policy are of no force and effect. Section 5. 2008 Bond Details. A. The 2008 Bonds shall be issued in fully registered form (i.e., registered as to both principal and interest) initially registered in the name of Cede & Co. as nominee for DTC, shall be dated as of their date of delivery, shall be issued in the denomination of $5,000 or any integral multiple thereof (provided that no 2008 Bond may be in a denomination which exceeds the principal coming due on any maturity date, and no individual 2008 Bond will be issued for more than one maturity and interest rate) and shall be numbered in such manner as the Registrar may determine. B. The 2008 Bonds shall be dated as of their date of issuance. The 2008 Bonds shall mature, bear interest from their dated date to maturity, be subject to redemption, and be sold, as provided in the Sale Certificate; provided that: (i) the 2008 Bonds are not subject to redemption prior to maturity; (ii) the final maturity of the 2008 Bonds shall not be later than December 1, 2012; (iii) the net effective interest rate on the 2008 Bonds shall not exceed 3.25%, which rate is less than the net effective interest rate on the Refunded Bonds; (iv) the aggregate principal amount of the 2008 Bonds shall not exceed $6,350,000; (v) the present value savings accomplished through the Refunding Project shall not be less than 2.5% of the principal amount of the Refunded Bonds; (vi) the purchase price of the 2008 Bonds shall not be less than 98%; and (viii) the aggregate principal amount of debt service coming due in any year does not exceed by more than $25,000 the amount of principal of and interest due on the Refunded Bonds. Interest on the 2008 Bonds shall be calculated on the basis of a 360 -day year of twelve 30 -day months, payable semiannually on each June 1 and December 1, commenc- ing on the date provided in the Sale Certificate. C. The principal of any 2008 Bond shall be payable to the registered owner thereof as shown on the registration records kept by the Registrar, upon maturity thereof and upon presentation and surrender at the Paying Agent. If any 2008 Bond shall not 'ae paid upon such presentation and surrender at or after maturity, it shall continue to draw interest at the same interest rate borne by said 2008 Bond until the principal thereof is paid in full. Payment of interest on any 2008 Bond shall be made by check, draft or wire sent by the Paying Agent, on or before each interest payment date (or, if such interest payment date is not a Business Day, on or before the next succeeding business day), to the registered owner thereof at the address shown on the registration records kept by the Registrar at the close of business on the Regular Record Date for such interest payment date; but any such interest not so timely paid or duly provided for shall cease to be payable to the person who is the registered owner thereof at the close of business on the Regular Record Date and shall be payable to the person who is the registered owner thereof at the close of business on a Special Record Date for the payment of any such defaulted interest. Such Special Record Date shall be fixed by the Registrar whenever moneys become available for payment of the defaulted interest, and notice of the Special Record Date shall be given to the registered owners of the 2008 Bonds not less than ten days prior to the Special Record Date by first-class mail to each such registered owner as shown on the Registrar's registration records on a date selected by the Registrar, stating the date of the Special Record Date and the date fixed for the payment of such defaulted interest. The Paying Agent may make payments of interest on any 2008 Bond by such alternative means as may be mutually agreed to between the owner of such 2008 Bond and the Paying Agent (provided, however, that the Town shall not be required to make funds available to the Paying Agent prior to the interest payment dates stated in this Section unless otherwise required by the Registrar Agreement or conditions for the issuance of a Bond Insurance Policy). All such payments shall be made in lawful money of the United States of America without deduction for the services of the Paying Agent or Registrar. Section 6. Prior Redemption. ion. A. The 2008 Bonds are not subject to redemption prior to maturity at the option of the Town. B. The Term Bonds, if any, shall be subject to mandatory sinking fund redemption at the times, in the amounts, and at the prices set forth in the Sale Certificate. On or before the thirtieth day prior to each such sinking fund payment date, the Registrar shall proceed to call the Term Bonds indicated above (or any Term Bond or Bonds issued to replace such Term Bonds) for redemption from the sinking fund on the date as set forth in the Sale Certificate, and give notice of such call without other instruction or notice from the Town. At its option, to be exercised on or before the sixtieth day next preceding each such sinking fund redemption date, the Town may (a) deliver to the Registrar for cancellation Term Bonds subject to mandatory sinking fund redemption on such date in an aggregate principal amount desired or (b) receive a credit in respect of its sinking fund redemption obligation for any Term Bonds of the maturity subject to mandatory sinking fund redemption on such date, which prior to said date have been redeemed (otherwise than through the operation of the sinking fund) and cancelled by the Registrar and not theretofore applied as a credit against any sinking fund redemption obligation. Each Term Bond so delivered or previously redeemed will be credited by the Registrar at the principal amount thereof on the obligation of the Town on such sinking fund redemption date and the principal amount of Term Bonds to be redeemed by operation of such sinking fund on such date will be accordingly reduced. The Town will on or before the sixtieth day next preceding each sinking fund redemption date furnish the Registrar with its certificate indicating whether or not and to what extent the provisions of (a) and (b) of the preceding sentence are to be availed with respect to such sinking fund payment. Failure of the Town to deliver such certificate shall not affect the Registrar's duty to give notice of sinking fund redemption as provided in this paragraph B. C. In the case of 2008 Bonds of a denomination larger than $5,000, a portion of such 2008 Bond ($5,000 or any integral multiple thereof) may be redeemed, in which case the Registrar shall, without charge to the owner of such 2008 Bond, authenticate and issue a replacement 2008 Bond or Bonds for the unredeemed portion thereof. Section 7. SpecialObli ag tions. All of the 2006 Bonds, together with the interest accruing thereon, and any payments due under the Financial Guaranty Agreement, shall be payable and collectible solely out of the Pledged Revenues, which are hereby irrevocably so pledged; the owner or owners of the 2008 Bonds and the issuer of the Bond Reserve Insurance Policy, may not look to any general or other fund for the payment of principal and interest on the 2008 Bonds or payments under the Financial Guaranty Agreement, except the designated special funds pledged therefor; and the 2008 Bonds and the Financial Guaranty Agreement shall not constitute an indebtedness nor a debt within the meaning of any applicable charter, constitutional or statutory provision or limitation; nor shall thev be considered or held to be general obligations of the Town. Section 8. Form of 2008 Bonds Statement of Insurance if any—Registrar's certificate of authentication form of assignment and prepayment panel. The 2008 Bonds, Statement of Insurance, if any, Registrar's certificate of authentication, form of assignment and prepayment panel shall be substantially as follows, with such omissions, insertions, endorsements and variations as to any recitals of fact or other provisions as may be required by the circumstances, be required or permitted by this Ordinance, or be consistent with this Ordinance and necessary or appropriate to conform to the rules and requirements of any governmental authority or any usage or requirement of law with respect thereto: (Form of Bond) Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC" ), to the Town or its agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF EAGLE TOWN OF VAIL, COLORADO SALES TAX REVENUE REFUNDING BOND SERIES 2008 NO. R- INTEREST RATE MATURITY DATE DATED DATE CUSIP December 1, 20 September l], 2008 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The Town of Vail, in the County of Eagle and State of Colorado (the "Town"), for value received, promises to pay to the registered owner specified above, or registered assigns, solely from the special funds provided therefor, the principal amount specified above, on the maturity date specified above, and to pay from said sources interest thereon on June 1 and December 1 of each year, commencing on December 1, 2008, at the interest rate per annum specified above, until the principal sum is paid or payment has been provided therefor. This bond will bear interest from the most recent interest payment date to which interest has been paid or provided for, or, if no interest has been paid, from the date of this bond. This bond bears interest, matures, is payable, is subject to redemption and is transferable as provided in the ordinance passed and adopted by the Town Council of the Town on September 16, 2008 (the "Bond Ordinance") and a Sale Certificate executed by the Mayor, the Town Manager or the Finance Director of the Town prior to the delivery of the Bonds. To the extent not defined herein, terms used in this bond shall have the same meanings as set forth in the Bond Ordinance. The principal of this bond is payable upon presentation and surrender hereof to the Principal office of the Paying Agent. Interest on this bond will be paid on or before each interest payment date (or, if such interest payment date is not a business day, on or before the next succeeding business day), by check or draft mailed to the person in whose name this bond is registered in the registration records of the Town maintained by the Registrar at the Principal Office and at the address appearing thereon at the close of business on the Regular Record Date. The 2008 bonds are issued by the Town, upon its behalf and upon the credit thereof, for the purpose effecting the Refund- ing Project, all under the authority of and in full conformity with the Constitution and laws of the State of Colorado, the Town's home rule charter, and pursuant to the Bond Ordinance of the Town Council duly adopted and made a law of the Town prior to the issuance of this bond. The 2008 Bonds are also issued pursuant to the provisions of Title 11, Article 57, Part 2, C.R.S. (the "Supplemental Act"). %-32 i. Saturday, September 20, 2008 THE VAIL DAILY 970.949.0555 vaildaily.com Pursuant to Section 11-57-210 of the Supplemental Act, this recital shall be conclusive evidence of the validity and the regularity of the issuance of the 2008 Bonds after their delivery for value. It is further hereby recited, certified, and warranted that all the requirements of law have been complied with fully by the proper officers of the Town in issuing this bond. The principal of and interest on this bond are payable only from the proceeds of the Pledged Revenues, all as more particularly set forth in the Bond Ordinance. This bond constitutes a first and prior lien, but not necessarily an exclusively first lien, on the Pledged Revenues. The 2008 Bonds do not constitute a debt or an indebtedness of the Town within the meaning of any applicable charter, constitutional or statutory provision or limitation, shall not be considered or held to be a general obligation of the Town. The 2008 Bonds constitute a pledge of, and an irrevocable lien (but not an exclusive lien) on all of the Pledged Revenues, on a parity with the Town's Sales Tax Revenue Refunding Bonds, Series 1998A and the Town's Sales Tax Revenue Refunding Bonds, Series 20028. The 2008 Bonds are equitably and ratably secured by such lien on the Pledged Sales Tax. Reference is made to the Bond Ordinance for the provisions, among others, with respect to the custody and application of the proceeds of the 2008 Bonds, the receipt and disposition of the Pledged Revenues, the nature and extent of the security, the terms and conditions under which additional bonds payable from the Pledged Revenues may be issued, the rights, duties and obligations of the Town, the rights of the owners of the 2008 Bonds, the events of default and remedies, the circumstances under which any 2008 Bond is no longer Outstanding, the ability to amend the Bond Ordinance; and by the acceptance of this bond the owner hereof assents to all provisions of the Bond Ordinance. The principal of, premium if any, and the interest on this bond shall be paid, and this bond is transferable, free from and without regard to any equities between the Town and the original or any intermediate owner hereof or any setoffs or cross-claims. FOR PURPOSES OF SECTION 265(b)(3)(B) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE TOWN HAS DESIGNATED THIS BOND AS A QUALIFIED TAX-EXEMPT OBLIGATION. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the certificate of authentication hereon shall have been manually signed by the Registrar. IN TESTIMONY WHEREOF, the Town Council of the Town of Vail, Colorado has caused this bond to be signed and executed in its name with a manual or facsimile signature of the Mayor of the Town, and to be signed, executed and attested with a manual or f?c. imile signature of the Town Clerk, with a manual or facsimile impression of the seal of the Town affixed hereto, all as of the date specified above. (Manual or Facsimile Signature) Mayor (MANUAL OR FACSIMILE SEAL) Attest: (Manual or Facsimile Signature) Town Clerk (End of Form of Bond) (Form of Registrar's Certificate of Authentication) This is one of the Bonds described in the within -mentioned Bond Ordinance, and this Bond has been duly registered on the registration records kept by the undersigned as Registrar for such Bonds. Date of Authentication and Registration: U.S. BANK NATIONAL ASSOCIATION, as Registrar By: Authorized Officer or Employee (End of Form of Registrar's Certificate of Authentication) (Form of Prepayment Panel) The following installments of principal (or portion thereof) of this bond have been prepaid in accordance with the terms of the Bond Ordinance authorizing the issuance of this bond. Signature of Date of Principal Authorized Prepayment Prepaid Representative of the Depository (End of Form of Prepayment Panel) (Form of Assignment) For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and hereby irrevocably constitutes and appoints attorney, to transfer the same on the records of the Registrar, with full power of substitution in the premises. Dated: Signature Guaranteed: 5V-yiature must be guaranteed by a member of a Medallion Signature Program. Address of transferee: Social Security or other tax identification number of transferee: NOTE: The signature to this Assignment must correspond with the name as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever. EXCHANGE OR TRANSFER FEES MAY BE CHARGED End of Form of Assignment) Section 9. Uniform Commercial Code. Subject to the registration provisions hereof, the 2008 Bonds shall be fully negotiable and shall have all the qualities of negotiable paper, and the owner or owners thereof shall possess all rights enjoyed by the holders of in- vestment securities under the provisions of the Uniform Commercial Code —Investment Securities. The principal of and interest on the 2008 Bonds shall be paid, and the 2008 Bonds shall be transferable, free from and without regard to any equities between the Town and the original or any intermediate owner of any 2008 Bonds or any setoffs or cross-claims. Section 10. Execution. The 2008 Bonds shall be executed in the name and on behalf of the Town by the signature of the Mayor, shall be sealed with a manual or facsimile impression of the seal of the Town and attested by the signature of the Town Clerk. Each 2008 Bond shall be authenticated by the manual signature of an authorized officer or employee of the Registrar as provided below. The sutures of the Mayor and the Town Clerk may be by manual or facsimile signature. The 2008 Bonds bearing the manual or facsimile signatures of the officers in office at the time of the authorization thereof shall be the valid and binding obligations of the Town (subject to the requirement of authentication by the Registrar as provided below), notwithstanding that before the delivery thereof and payment therefor or before the issuance of the 2008 Bonds upon transfer or exchange, any or all of the persons whose manual or facsimile signatures appear thereon shall have ceased to fill their respective offices. The Mayor and the Town Clerk shall, by the execution of a signature certificate pertaining to the 2008 Bonds, adopt as and for their respective signatures any facsimiles thereof appearing on the 2008 Bonds. At the time of the execution of the signature certificate, the Mayor and the Town Clerk may each adopt as and for his or her facsimile signature the facsimile signature of his or her predecessor in office in the event that such facsimile signature appears uovrt any of the 2008 Bonds. No 2008 Bond shall be valid or obligatory for any purpose unless the certificate of authentication, substantially in the form provided above, has been duly manually executed by the Registrar. The Registrar's certificate of authentication shall be deemed to have been duly executed by the Registrar if manually signed by an authorized officer or employee of the Registrar, but it shall not be necessary that the same officer or employee sign the certificate of authentication on all of the 2008 Bonds issued hereunder. By authenticating any of the 2008 Bonds initially delivered pursuant to this Ordinance, the Registrar shall be deemed to have assented to the provisions of this Ordinance. Section 11. Registration Transfer and Exchange A. Except as provided in Section 12, records for the registration and transfer of the 2008 Bonds shall be kept by the Reg- istrar, which is hereby appointed by the Town as registrar (i.e., transfer agent) for the 2008 Bonds. Upon the surrender for transfer of any 2008 Bond at the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing, the Registrar shall enter such transfer on the registration records and shall authenticate and !shyer in the name of the transferee or transferees a new 2008 Bond or Bonds of a like aggregate principal amount and of the same maturity and interest rate, bearing a number or numbers not previously assigned. 2008 Bonds may be exchanged at the Registrar for an equal aggregate principal amount of 2008 Bonds of the same maturity and interest rate in authorized denominations. The Registrar shall authenticate and deliver a 2008 Bond or Bonds which the registered owner making the exchange is entitled to receive, bearing a number or numbers not previously assigned. The Registrar may impose reasonable charges in connection with such exchanges and transfers of 2008 Bonds, which charges (as well as any tax or other governmental charge required to be paid with respect to such exchange or transfer) shall be paid by the registered owner requesting such exchange or transfer. B. The person in whose name any 2008 Bond shall be registered on the registration records kept by the Registrar shall be deemed and regarded as the absolute owner thereof for the purpose of making payment thereof and for all other purposes; except as may be otherwise provided in Section 5 hereof with respect to payment of interest; and, subject to such exception, payment of or on account of either principal or interest on any 2008 Bond shall be made only to or upon the written order of the registered owner thereof or his legal representative, but such registration may be changed upon transfer of such 2008 Bond in the manner and subject to the conditions and limitations provided herein. All such payments shall be valid and effectual to discharge the liability upon such 2008 Bond to the extent of the sum or sums so paid. C. If any 2008 Bond shall be lost, stolen, destroyed or mutilated, the Registrar shall, upon receipt of such evidence, informa- tion or indemnity relating thereto as it and the Town may reasonably require, authenticate and deliver a replacement 2008 Bond or Bonds of a like aggregate principal amount and of the same maturity and interest rate, bearing a number or numbers not previously assigned. If such lost, stolen, destroyed, or mutilated 2008 Bond shall have matured or is about to become due and payable, the Registrar may direct the Paying Agent to pay such 2008 Bond in lieu of replacement. ti' The officers of the Town are authorized to deliver to the Registrar fully executed but unauthenticated 2008 Bonds in such quantities as may be convenient to be held in custody by the Registrar pending use as herein provided. Section 12. Book Entry. A. Notwithstanding any contrary provision of this Ordinance, the 2008 Bonds initially shall be evidenced by one 2008 Bond for each maturity and interest rate in denominations equal to the aggregate principal amount of the 2008 Bonds of such maturity and interest rate. Such initially delivered 2008 Bonds shall be registered in the name of "Cede & Co." as nominee for DTC, the Depository for the 2008 Bonds. The 2008 Bonds may not thereafter be transferred or exchanged except: (1) to any successor of DTC or its nominee, which successor must be both a "clearing corporation' as defined in Section 4-8-102(a)(5), C.R.S. and a qualified and registered "clearing agency" under Section 17A of the Securities Exchange Act of 1934, as amended; or (2) upon the resignation of DTC or a successor or new Depository under clause (1) or this clause (2) of this paragraph A, or a determination by the Council that DTC or such successor or a new Depository is no longer able to carry out its functions, and the des- ignation by the Council of another Depository acceptable to the Council and to the Depository then holding the 2008 Bonds, which new Depository must be both a "clearing corporation" as defined in Section 4-8-102(a)(5), C.R.S. and a qualified and registered "clearing agency" under Section 17A of the Securities Exchange Act of 1934, as amended, to carry out the functions of DTC or such successor new Depository; or (3) upon the resignation of DTC or a successor or new Depository under clause (1) above or designation of a new Depository pursuant to clause (2) above, or a determination of the Council that DTC or such successor or Depository is no longer able to carry out its functions, and the failure by the Council, after reasonable investigation, to locate another Depository under clause (2) to carry out such Depository functions. B. In the case of a transfer to a successor of DTC or its nominee as referred to in clause (1) or (2) of paragraph A hereof, upon receipt of the outstanding 2008 Bonds by the Registrar together with written instructions for transfer satisfactory to the Registrar, a new 2008 Bond for each maturity and interest rate of the 2008 Bonds then Outstanding shall be issued to such successor or new Depository, as the case may be, or its nominee, as is specified in such written transfer instructions. In the case of a resignation or de- termination under clause (3) of paragraph A hereof and the failure after reasonable investigation to locate another qualified Depository for the 2008 Bonds as provided in clause (3) of paragraph A hereof, and upon receipt of the Outstanding 2008 Bonds by the Registrar, together with written instructions for transfer satisfactory to the Registrar, new 2008 Bonds shall be issued in denominations of $5,000 or any integral multiple thereof, registered in the names of such Persons, and in such authorized denominations as are requested in such written transfer instructions; however, the Registrar shall not be required to deliver such new 2008 Bonds within a period of less than 60 days from the date of receipt of such written transfer instructions. C. The Council and the Registrar shall be entitled to treat the Registered Owner of any 2008 Bond as the absolute Owner thereof for all purposes hereof and any applicable laws, notwithstanding any notice to the contrary received by any or all of them and the Council and the Registrar shall have no responsibility for transmitting payments or notices to the beneficial owners of the 2008 Bonds held by DTC or any successor or new Depository named pursuant to paragraph A hereof. D. The Council and the Registrar shall endeavor to cooperate with DTC or any successor or new Depository named pursuant to clause (1) or (2) of paragraph A hereof in effectuating payment of the principal amount of the 2008 Bonds upon maturity by arranging for payment in such a manner that funds representing such payments are available to the Depository on the date they are due. Section 13. Delivery of 2008 Bonds and, Disposition of Proceeds._ When the 2008 Bonds have been duly executed by appropriate Town officers and authenticated by the Registrar, the Town shall cause the 2008 Bonds to be delivered to the Purchaser on receipt of the agreed purchase price. The 2008 Bonds shall be delivered in such denominations as the Purchaser shall direct (but subject to the provisions of Sections 11 and 12 hereof). The proceeds of the sale of the 2008 Bonds shall be deposited promptly by the Town and shall be accounted for in the following manner and are hereby pledged therefor, but the Purchaser or any subsequent Owner in no manner shall be responsible for the application or disposal by the Town or any of its officers of any of the funds derived from the sale of the 2008 Bonds: A. First, there shall be credited to the "Town of Vail, Colorado, Sales Tax Revenue Refunding Bonds, Series 2008 Escrow Account" (the "Escrow Account"), which is hereby created, an amount which shall be sufficient, together with other Town funds avail- able for such purpose, to establish any initial cash balance remaining uninvested and to buy Federal Securities to effect the Refunding Project. B. Second, the balance of the proceeds shall be deposited with the Paying Agent to be applied for the purpose of paying, together with any other money available therefor, costs of issuance of the 2008 Bonds. Section 14. Use of Moneys in Income. FL". Subject to Section 16, so long as any Bonds shall be Outstanding, either as to principal or interest, the Pledged Revenues shall, upon receipt by the Town, be deposited in a special and separate account, heretofore created and established by the 1989 Ordinance and continued by this Ordinance, known as the 'Town of Vail Income Fund." The following payments shall be made from the Income Fund: A. Bond Fund. First, there shall be credited from the Income Fund to a fund created by the 1989 Ordinance and known as the 'Town of Vail, Sales Tax Bond Fund" the following amounts: (1) Interest _Payments. Monthly to the Bond Fund an amount in equal monthly installments necessary, together with any moneys therein and available therefor, to pay the interest due and payable on the Outstanding Bonds on the next succeeding interest payment date. (2) Principal Payments. Monthly to the Bond Fund an amount in equal monthly installments necessary, together with any moneys therein and available therefor, to pay the principal and redemption premium, if any, due and payable on the Outstanding Bonds on the next succeeding principal payment date. If prior to any interest payment date or principal payment date there has been accumulated in the Bond Fund the entire amount neces- sary to pay the next maturing installment of interest or principal, or both, the payment required in subparagraph (1) or (2) (whichever is applicable) of this paragraph, may be appropriately reduced; but the required monthly amounts again shall be so credited to such account commencing on such interest payment date or principal payment date. The moneys in the Bond Fund shall be used only to pay the principal of, prior redemption premium if any, and interest on the Bonds as the same becomes due. B. Reserve Fund. Second, except as provided below, from any moneys remaining in the Income Fund there shall be cred- ited monthly to a separate account created by the 1989 Ordinance and continued by this Ordinance known as the "Town of Vail Sales Tax Revenue Bonds Reserve Fund" an amount, if any, which is necessary to maintain the Reserve Fund as a continuing reserve in an amount not less than the Reserve Fund Requirement or to pay the issuer of any Bond Reserve Insurance Policy any amounts owing to such issuer under the terms of the Bond Reserve Insurance Policy. In determining the amounts required to be deposited as provided above, the Town shall receive credit for any investment earnings on the deposit in the Reserve Fund. Investment earnings on deposits in the Reserve Fund shall remain in the Reserve Fund until the amount on deposit equals the Maximum Annual Debt Service Require- ment. No credit need be made to the Reserve Fund so long as the moneys and/or a Bond Reserve Insurance Policy therein equal the Reserve Fund Requirement (regardless of the source of such accumulations). The Reserve Fund Requirement shall be accumulated and maintained as a continuing reserve to be used, except as provided in subsections C and E of this Section and Section 20 hereof, only to prevent deficiencies in the payment of the principal of and the interest on the Bonds resulting from the failure to credit to the Bond Fund sufficient funds to pay said principal and interest as the same accrue or to pay the issuer of any Bond Reserve Insurance Policy any amounts owing to such issuer under the terms of the Bond Reserve Insurance Policy. The Reserve Fund Requirement shall be calculated upon (i) any principal payment, whether at stated maturity or upon redemption, (ii) the issuance of Additional Bonds, or (iii) the defeasance of all or a portion of the Bonds. In lieu of all or a portion of the moneys required to be deposited in the Reserve Fund by this Ordinance, the Town may at any time or from time to time (but only with the prior written consent of the Bond Insurer, if the provider is other than the Bond Insurer) deposit a Bond Reserve Insurance Policy in the Reserve Fund in full or partial satisfaction of the Reserve Fund Requirement. Any such Bond Reserve Insurance Policy shall be payable on any date on which moneys will be required to be withdrawn from the Reserve Fund as provided herein. Upon deposit of any Bond Reserve Insurance Policy in the Reserve Fund, the Town may transfer moneys equal to the amount payable under the Bond Reserve Insurance Policy from the Reserve Fund and apply such moneys to any lawful purpose. All cash and investments in the Reserve Fund shall be transferred to the Bond Fund for payment of principal and interest on the Bonds before any drawing may be made on any Bond Reserve Insurance Policy credited to the Reserve Fund in lieu of cash. Payment of any amounts owing to the provider of a Bond Reserve Insurance Policy shall be made prior to replenishment of any such cash amounts. Draws on all Bond Reserve Insurance Policies on which there is available coverage shall be made on a pro -rata basis (calculated by reference to the coverage then available thereunder) after applying all available cash and investments in the Reserve Fund. Payment of amounts owing to the providers of Bond Reserve Insurance Policies Shall be made on a proms -rata basis prior to replenishment of any cash drawn from the Reserve Fund, The Town shall notify the Paying Agent and the provider of Bond Reserve Insurance Policy of the necessity for a claim upon the Bond Reserve Insurance Policy at least three Business Days prior to each date upon which interest or principal is due on the Bonds. The Paying Agent shall give notice to the Bond Insurer of any failure of the Town to make timely payment in full of any deposit required to be made under the Registrar Agreement. If the tax covenant contained in Section 19.K. of this Ordinance does not permit the use of proceeds of any series of Bonds for a full funding of the Reserve Fund in the amount of the Reserve Fund Requirement, the maximum amount of proceeds of such series of Bonds which may be deposited to the Reserve Fund pursuant to Section 19.K. shall be deposited to the Reserve Fund upon the is- suance of such series of Bonds and Pledged Revenues shall be deposited to the Reserve Fund monthly so that not later than twelve calendar months after the date of issuance of such series of Bonds the amount on deposit in the Reserve Fund shall equal the Reserve Fund Requirement. C. Termination Upon Deposits to Maturity_or Redemption Date, No payment need be made into the Bond Fund, the Reserve Fund, or both, if the amount in the Bond Fand and the amount in the Reserve Fund total a sum at least equal to the entire amount of the Outstanding Bonds, both as to principal and interest to their respective maturities, or to any redemption date on which the Town shall have exercised its option to redeem the Bonds then Outstanding and thereafter maturing, including any prior redemption premiums then due, and both accrued and not accrued, in which case moneys in the Bond Fund and Reserve Fund in an amount at least equal to such principal and interest requirements shall be used solely to pay such as the same accrue, and any moneys in excess thereof in the two Funds may be withdrawn and used for any lawful purpose. D. Defraying Delinquencies in Bond and Reserve Funds If on any required monthly payment date the Town shall for any reason fail to pay into the Bond Fund the full amount above stipulated, then an amount shall be paid into the Bond Fund on such date from the Reserve Fund equal to the difference between the amount paid and the full amount so stipulated. Any cash on deposit in the Reserve Fund shall be transferred to the Bond Fund to cover such a deficiency prior to the transfer of funds drawn under the Bond Reserve Insurance Policy. If the Reserve Fund contains a Bond Reserve Insurance Policy from a provider -other than the Bond Insurer and a Bond Reserve Insurance Policy provided by the Bond Insurer, any draw shall be on a pro -rata basis from both such Policies. After such a draw any available Pledged Revenues, after the payments required by paragraph A of this Section, shall be used first to repay the Bond Insurer to reinstate the Bond Reserve Insurance Policy and then to replenish cash in the Reserve Fund. The cash so used shall be replaced in the Reserve Fund from the first Pledged Revenues received that are not required to be otherwise applied by this Section, but excluding any payments required for any subordinate obligations; provided, however, that an amount equal to the amount withdrawn from the Reserve Fund shall be deposited by the Town in the Reserve Fund no later than twelve months from the date of such withdrawal. If at any time the Town shall for any reason fail to pay into the Reserve Fund the full amount above stipulated from the Pledged Revenues, the difference between the amount paid and the amount so stipulated shall in a like manner be paid therein from the first Pledged Revenues thereafter received not required to be applied otherwise by this Section, but excluding any payments required for any subordinate obligations. The moneys in the Bond Fund and in the Reserve Fund shall be used solely for the purpose of paying the principal and any redemption premium of and the interest on the Bonds, except that moneys in the Reserve Fund shall be used to pay the issuer of any Bond Reserve Insurance Policy any amounts owing to such issuer under the terms of the Bond Reserve Insurance Policy; provided, however, that any moneys at any time in excess of the Reserve Fund Requirement calculated with respect to the Bonds in the Reserve Fund may be withdrawn therefrom and used for any lawful purpose; and provided, further, that any moneys in the Bond Fund and in the Reserve Fund in excess of accrued and unaccrued principal and interest requirements to the respective maturities of the Outstanding Bonds may be used as provided in Paragraphs G and H of this Section. E. Rebate Fund. Third, there shall be deposited in a special account created by the 1989 Ordinance and continued by this Ordinance known as the `Town of Vail Sales Tax Revenue Bonds Rebate Fund" amounts required by Section 148(f) of the Tax Code to be held until such time as any required rebate payment is made. Amounts in the Rebate Fund shall be used for the purpose of making the payments to the United States required by Section 148(f) of the Tax Code. Any amounts in excess of those required to be on deposit therein by Section 148(f) of the Tax Code shall be withdrawn therefrom and deposited into the Income Fund. Funds in the Rebate Fund shall not be subject to the lien created by this Ordinance to the extent such amounts are required to be paid to the United States Treasury. The Town may create separate accounts in the Rebate Fund in connection with the issuance of Additional Bonds. F. Interest on Bond Reserve Insurance Policy Draws After the payments required by A, B and E of this Section, the Pledged Revenues shall be used to pay interest on amounts advanced under any Bond Reserve Insurance Policy. G. Payment for Subordinate Obligations After the payments required by Paragraphs A, B, E, and F of this Section, the Pledged Revenues shall be used by the Town for the payment of interest on and principal of any obligations secured by Pledged Rev- enues subordinate to the lien of the Bonds and on a parity with or subordinate to the lien of the Financial Guaranty Agreement hereafter authorized to be issued, including reasonable reserves therefor. H. Use of Remaining Revenues After making the payments required to be made by this Section, any remaining Pledged Revenues may be used for any lawful purpose. Nothing in this Ordinance shall prevent the Town from withdrawing from the Income Fund amounts collected by the Town and subse- quently determined, pursuant to the applicable Sales Tax Ordinances, to be subject to valid claims for refunds. Section 15. General Administration of Funds. The funds designated in Sections 13 and 14 hereof shall be administered as follows subject to the limitations stated in Section 19.K. hereof: THE VAIL DAILY 970.949.0555 vaildaily.com A. Budgetand Appropriation of Funds_ The sums provided to make the payments specified in Section 14 hereof are hereby appropriated for said purposes, and said amounts for each year shall be included in the annual budget and the appropriation ordinance or measures to be adopted or passed by the Town Council in each year respectively while any of the 2008 Bonds, either as to princi- pal or interest, are Outstanding and unpaid. No provision of any constitution, statute, charter, ordinance, resolution or other order or measure enacted after the issuance of the 2008 Bonds shall in any manner be construed as limiting or impairing the obligation of the Town to keep and perform the covenants contained in this Ordinance so long as any of the 2008 Bonds remain Outstanding and unpaid. Nothing herein shall prohibit the Town Council, at its sole option, from appropriating and applying other funds of the Town legally avail- able for such purpose to the Bond Fund or Reserve Fund for the purpose of providing for the payment of the principal of and interest on the 2008 Bonds. B. Places and Times of Deposits. Each of the special funds created in Section 14 hereof shall be maintained by the Town as separate book accounts solely for the purposes herein designated therefor. For purposes of investment of moneys, nothing herein prevents the commingling of moneys accounted for in any two or more such book accounts pertaining to the Pledged Revenues or to such funds and any other funds of the Town to be established or continued under this Ordinance. Such book account shall be continu- ously secured to the fullest extent required by the laws of the State for the securing of public funds and shall be irrevocable and not withdrawable by anyone for any purpose other than the respective designated purpose of such funds or accounts. Each periodic payment shall be credited to the proper book account not later than the date therefor herein designated, except that when any such date shall be a Saturday, a Sunday or a legal holiday, then such payment shall be made on or before the next preceding business day. C. Investment of Funds. Any moneys in any fund established or continued by Section 14 of this Ordinance may be invested or reinvested in any Permitted Investment. Securities or obligations purchased as such an investment shall either be subject to re- demption at any time at face value by the holder thereof at the option of such holder, or shall mature at such time or times as shall most nearly coincide with the expected need for moneys from the fund in question. Securities or obligations so purchased as an investment of moneys in any such fund shall be deemed at all times to be a part of the applicable fund. The Town shall present for redemption or sale on the prevailing market any securities or obligations so purchased as an investment of moneys in a given fund whenever it shall be necessary to do so in order to provide moneys to meet any required payment or transfer from such fund. The Town shall have no obligation to make any investment or reinvestment hereunder, unless any moneys on hand and accounted for in any one account exceed $5,000 and at least $5,000 therein will not be needed for a period of not less than 60 days. In such event the Town shall invest or reinvest not less than substantially all of the amount which will not be needed during such 60 day period, except for any moneys on deposit in an interest bearing account in a Commercial Bank, without regard to whether such moneys are evidenced by a certificate of deposit or otherwise, pursuant to this Section 15.C. and Section 15.E. hereof; but the Town is not required to invest, or so to invest in such a manner, any moneys accounted for hereunder if any such investment would con-travene the covenant concerning arbitrage in Section 19.K. hereof. D. No Liability -for Losses Incurred in Performing Terms of Ordinance. Neither the Town nor any officer of the Town shall be liable or responsible for any loss resulting from any investment or reinvestment made in accordance with this Ordinance. E. Character of Funds. The moneys in any fund or account herein authorized shall consist of lawful money of the United States or investments permitted by Section 15.C. hereof or both such money and such investments. Moneys deposited in a demand or time deposit account in or evidenced by a certificate of deposit of a Commercial Bank pursuant to Sections 15.B. and 15.C. hereof, appropriately secured according to the laws of the State, shall be deemed lawful money of the United States. Section 16. Lien on Pledged Revenues.. The 2008 Bonds constitute a pledge of, and an irrevocable first lien (but not an exclusive first lien) on all of the Pledged Revenues on a parity with the lien of the 1998A Bonds and the 2002B Bonds. The 2008 Bonds are equitably and ratably secured by a lien on the Pledged Revenues. The creation, perfection, enforcement, and priority of the pledge of revenues to secure or pay the Bonds as provided herein shall be governed by Section 11-57-208 of the Supplemental Act and this Ordinance. The revenues pledged for the payment of the Bonds, as received by or otherwise credited to the Town, shall immediately be subject to the lien of such pledge without any physical delivery, filing, or further act. The lien of such pledge on the revenues pledged for payment of the Bonds and the obligation to perform the con- tractual provisions made herein shall have priority over any or all other obligations and liabilities of the Town. The lien of such pledge shall be valid, binding, and enforceable as against all persons having claims of any kind in tort, contract, or otherwise against the Town irrespective of whether such persons have notice of such liens. Section 17. Additional Bonds. A. Limitations Upon Issuance of Additional Bonds, Nothing in this Ordinance shall be construed in such a manner as to prevent the issuance by the Town of additional bonds or other obligations, payable from and constituting a lien upon the Pledged Rev- enues on a parity with the lien of the 2008 Bonds (the "Additional Bonds"), except as provided in this Section. Such Additional Bonds may be payable solely from Pledged Revenues or they may be payable from Pledged Revenues and another revenue or fund of the Town ("Additional Pledged Revenues"). Regardless of whether payable solely from Pledged Revenues or from Pledged Revenues and Additional Pledged Revenues, such bonds or other obligations may be issued only if, for the Fiscal Year immediately preceding the issuance of any Additional Bonds, the amount of Pledged Sales Tax Revenues in such Fiscal Year equaled or exceeded 150% of the Maximum Annual Debt Service Requirement on the Bonds (including the Additional Bonds proposed to be issued). For the purpose of satisfying the aforementioned 150% test, any tax, now existing or hereafter imposed, which legally becomes a part of the Pledged Sales Tax Revenues during the Fiscal Year preceding the issuance of Additional Bonds, or any tax which is to legally become a part of the Pledged Sales Tax Revenues immediately prior to the issuance of Additional Bonds, or any increase in the rate of any tax which is a part of the Pledged Sales Tax Revenues which increase is imposed during the Fiscal Year preceding the issuance of Additional Bonds or any such increase which is to be imposed immediately prior to the issuance of Additional Bonds can be considered for its estimated effect on the amount of the Pledged Sales Tax Revenues as if such tax or increase had been in effect for the Fiscal Year immediately preceding the issuance of such Additional Bonds. Any tax which is no longer in effect at the time of issuance of the Additional Bonds shall not be considered for purposes of satisfying such tests. If the ordinance authorizing a series of Additional Bonds will pledge Additional Pledged Revenues to the Bonds, the estimated effect of the amount of such Additional Pledged Revenues may be considered as if such revenues had been received for the last Fiscal Year immediately preceding the issuance of such Additional Bonds. B. Certificate of Revenues. A written certification by a certified public accountant who is not an employee of the Town that the requirements of Paragraph A of this Section have been met shall be conclusively presumed to be accurate in determining the right of the Town to authorize, issue, sell and deliver said Additional Bonds on a parity with the 2008 Bonds herein authorized. C. Subordinate Obligations Permitted. Nothing in this Ordinance shall be construed in such a manner as to prevent the is- suance by the Town of additional obligations payable from and constituting a lien upon the Pledged Revenues subordinate or junior to the lien of the 2008 Bonds. D. Superior Obligations Prohibited Nothing in this Ordinance shall be construed so as to permit the Town to hereafter issue obligations payable from the Pledged Revenues having a lien thereon prior or superior to the 2008 Bonds. Section 18. Refunding Obligations. A. Generally. If at any time after the 2008 Bonds, or any part thereof, shall have been issued and remain Outstanding, the Town shall find it desirable to refund any Outstanding obligations payable from the Pledged Revenues, said obligations, or any part thereof, may be refunded, subject to the provisions of Paragraph B of this Section, if (1) the obligations to be refunded, at the time of their required surrender for payment, shall then mature or shall then be callable for prior redemption at the Town's option upon proper call, or (2) the owners of the obligations to be refunded and the Bond Insurer, if the Bond Insurer insured such obligations, consent to such surrender and payment. B. Protection of Obligations Not Refunded. -Any refunding obligations payable from the Pledged Revenues shall be issued with such details as the Town Council may provide, so long as there is no impairment of any contractual obligation imposed upon the Town by any proceedings authorizing the issuance of any unrefunded portion of obligations payable from the Pledged Revenues; but so long as any 2008 Bonds are Outstanding, refunding obligations payable from the Pledged Revenues may be issued on a parity with the unrefunded Bonds only if: (1) Prior Consent. The Town first receives the consent of the owner or owners of the unrefunded Bonds and the Bond Insurer of such unrefunded Bonds, if any; or (2) Requirements Not Increased The refunding obligations do not increase by more than $25,000, for any Fiscal Year prior to and including the last maturity date of any unrefunded Bonds, the aggregate principal and interest requirements evidenced by such refunding obligations and by any Outstanding Bonds not refunded, and the lien of any refunding parity obligations on the Pledged Revenues is not raised to a higher priority than the lien thereon of any obligations thereby refunded; or (3) Earnings Test The refunding obligations are issued in compliance with Paragraphs A and B of Section 17 hereof. Section 19. Protective Covenants. The Town hereby additionally covenants and agrees with each and every owner of the 2008 Bonds that: A. Use of 2008 Bond Proceeds. The Town will proceed with the Refunding Project without delay and with due diligence. B. Payment of 2008 Bonds. The Town will promptly pay the principal of and interest on every 2008 Bond issued hereunder and secured hereby on the dates and in the manner specified herein and in said 2008 Bonds according to the true intent and meaning hereof. Such principal and interest is payable solely from the Pledged Revenues. C. Amendment of Certain Ordinances Duty to Impose Sales Tax Impairment of Contract The Sales Tax Ordinances are in full force and effect and have not been repealed or amended. The Town will not repeal or amend said Sales Tax Ordinances in any manner which would diminish the proceeds of the Sales Tax by an amount which would materially adversely affect the rights of the owners of the Bonds. The Town agrees that any law, ordinance or resolution of the Town in any manner affecting the Pledged Rev- enues or the Bonds, or otherwise appertaining thereto, shall not be repealed or otherwise directly or indirectly modified in such manner as to materially adversely affect any Bonds Outstanding, unless the required consent is obtained, all as provided in Section 36 of this Ordinance. Notwithstanding any other provision of this Section or this Ordinance, the Town shall retain the right to make changes, without any consent of Bond owners in the Sales Tax Ordinances, or any ordinance supplemental thereto or in substitution therefor, concerning the use of proceeds of the Pledged Sales Tax remaining after the current requirements of all ordinances authorizing bonds or other securities payable from the Pledged Sales Tax, or any portion thereof, have been met; or concerning changes in applicability, exemptions, administration, collection, or enforcement of the Sales Tax, if such changes do not materially adversely affect the security for the Bonds; but the Town shall not reduce the current rate of the Pledged Sales Tax without the consent of the owners of 66% in aggregate principal amount of the then Outstanding 2008 Bonds, as provided in Section 36 of this Ordinance. The foregoing covenants are subject to compliance by the Town with orders of courts of competent jurisdiction concern- ing the validity, constitutionality or collection of such tax revenues, any legislation of the United States or the State or any regulation or other action taken by the federal government, any State agency or any political subdivision of the State pursuant to such legislation, in the exercise of the police power thereof for the public welfare, which legislation, regulation or action applies to the Town as a Colorado home rule city and limits or otherwise inhibits the amount of such tax revenues due to the Town. All of the Pledged Revenues resulting from the imposition and collection of the Sales Tax shall be subject to the payment of the principal of, interest on, and redemption pre- mium, if any, of all securities payable from the Pledged Revenues, including reserves therefor, as provided herein or in any instrument supplemental or amendatory hereof. D. Defense of Legality of Pledged Revenues There is not pending or threatened any suit, action or proceeding against or affecting the Town before or by any court, arbitrator, administrative agency or other governmental authority which affects the validity or legality of this Ordinance, or the Sales Tax Ordinances or the imposition and collection of the Sales Tax, any of the Town's obligations under this Ordinance or any of the transactions contemplated by this Ordinance or the Sales Tax Ordinances. The Town shall, to the extent permitted by law, defend the validity and legality of this Ordinance, the Sales Tax and the Sales Tax Ordinances against all claims, suits and proceedings which would diminish or impair the Pledged Revenues. Furthermore, the Town shall amend from time to time the provisions of any ordinance or resolution of the Town, as necessary to prevent impairment of the Pledged Revenues as required to meet the principal of and interest on the 2008 Bonds when due. E. Further Assurances. At any and all times the Town shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge, deliver and file or record all and every such further instruments, acts, deeds, conveyances, assignments, transfers, other documents and assurances as may be necessary or desirable for the better assuring, conveying, granting, assigning and confirming all and singular the rights, the Pledged Revenues and other funds and accounts hereby pledged or assigned, or intended so to be, or which the Town may hereafter become bound to pledge or to assign, or as may be reasonable and required to carry out the purposes of this Ordinance. The Town, acting by and through its officers, or otherwise, shall at all times, to the extent permitted by law, defend, preserve and protect the pledge of said Pledged Revenues and other funds and accounts pledged hereunder and all the rights of every owner of any of the 2008 Bonds against all claims and demands of all Persons whomsoever. F. Conditions Precedent. Upon the issuance of any of the 2008 Bonds, all conditions, acts and things required by the Con- stitution or laws of the United States, the Constitution or laws of the State, the Charter or this Ordinance, to exist, to have happened, and to have been performed precedent to or in the issuance of the 2008 Bonds shall exist, have happened and have been performed, and the 2008 Bonds, together with all other obligations of the Town, shall not contravene any debt or other limitation prescribed by the Constitution or laws of the United States, the Constitution or laws of the State or the Charter. G. ' Records. So long as any of the 2008 Bonds remain Outstanding, proper books of record and account will be kept by the Town, separate and apart from all other records and accounts, showing complete and correct entries of all transactions relating to the Pledged Revenues and the funds created or continued by this Ordinance. H. Audits. The Town further agrees that it will, within 180 days following the close of each fiscal year, cause an audit of such books and accounts to be made by a certified public accountant, who is not an employee of the Town, showing the revenues and expenditures of the Pledged Revenues. The Town agrees to allow the owner of any of the 2008 Bonds to review and copy such audits and reports, at the Town's offices, at his request. Copies of such audits and reports will be furnished to the Purchaser. Saturday, September 20, 2008 C31 I. Performing Duties. The Town will faithfully and punctually perform all duties with respect to the Pledged Revenues required by the Charter and the Constitution and laws of the State and the ordinances and resolutions of the Town, including but not limited to the proper collection and enforcement of the Sales Taxes and the segregation of the Pledged Revenues and their application to the respective funds herein designated. J. Other Liens. As of the date of issuance of the 2008 Bonds and after the Refunding Project, other than the 1998A Bonds and the 20028 Bonds, there are no liens or encumbrances of any nature whatsoever on or against any of the Pledged Revenues. K. Tax Covenant. The Town covenants for the benefit of the Registered Owners of the 2008 Bonds that it will not take any action or omit to take any action with respect to the 2008 Bonds, the proceeds thereof, any other funds of the Town or any facilities re -financed with the proceeds of the 2008 Bonds if such action or omission (i) would cause the interest on the 2008 Bonds to lose its exclusion from gross income for federal income tax purposes under Section 103 of the Tax Code, (ii) would cause interest on the 2008 Bonds to lose its exclusion from alternative minimum taxable income as defined in Section 55(b)(2) of the Tax Code except to the extent such interest is required to be included in adjusted current earnings adjustment applicable to corporations under Section 56 of the Tax Code in calculating corporate alternative minimum taxable income, or (iii) would cause interest on the 2008 Bonds to lose its exclusion from Colorado taxable income or Colorado alternative minimum taxable income under present Colorado law. The foregoing covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of the2008 Bonds until the date on which all obligations of the Town in fulfilling the above covenant under the Tax Code and Colorado law have been met. The Town hereby determines that neither the Town nor any entity subordinate thereto reasonably anticipates issuing more than $10,000,000 face amount of bonds or any other similar obligations during calendar year 2008. For the purpose of Section 265(b)(3)(B) of the Code, the Town hereby designates the 2008 Bonds as qualified tax-exempt obligations. L. Town's Existence. The Town will maintain its corporate identity and existence so long as any of the 2008 Bonds remain Outstanding, unless another political subdivision by operation of law succeeds to the duties, privileges, powers, liabilities, disabilities, immunities and rights of the Town and is obligated by law to receive and distribute the Pledged Revenues in place of the Town, without materially adversely affecting the privileges and rights of any owner of any Outstanding 2008 Bonds. M. Performance of Duties. The Town will faithfully and punctually perform or cause to be performed all duties with respect to the Pledged Revenues, the proper segregation of the Pledged Revenues as set forth in Section 13 hereof and their application to the respective funds as herein provided. N. Prompt Collections. The Town will cause the Pledged Revenues to be collected promptly and accounted for in the funds as herein provided. O. Surety Bonds. Each official of the Town having custody of the Pledged Revenues, or responsible for their handling, shall be fully bonded at all times, which bond shall be conditioned upon the proper application of such money. P. Preiudicial Contracts and Action Prohibited. No contract will be entered into, nor will any action be taken, by the Town by which the rights and privileges of any Owner are impaired or diminished. Q. Continuing Disclosure Certificate. The Town will comply with the terms of the Continuing Disclosure Certificate. Any failure by the Town to perform in accordance with this Section 19.Q shall not constitute an "event of default" under Section 22 of this Ordinance, and the rights and remedies provided by this Ordinance upon the occurrence of an "event of default" shall not apply to any such failure. Unless otherwise required by law, no owner of a 2008 Bond shall be entitled to damages for the Town's non-compliance with its obligations under this Section 19. However, the owners of the 2008 Bonds may enforce specific performance of the obligations contained in this Section 19.0 by any judicial proceeding available. Section 20. Defeasance. When the 2008 Bonds have been fully paid both as to principal and interest, and all amounts due under the Financial Guaranty Agreement have been paid, all obligations hereunder shall be discharged and the 2008 Bonds shall no longer be deemed to be Outstanding for any purpose of this Ordinance, except as set forth in Section 19.K. hereof. Payment of any 2008 Bonds shall be deemed made when the Town has placed in escrow with a Trust Bank an amount sufficient (including the known minimum yield from Federal Securities) to meet all requirements of principal and interest on such 2008 Bonds as the same become due to ma- turity. The Federal Securities shall become due at or prior to the respective times on which the proceeds thereof shall be needed, in accordance with a schedule agreed upon between the Town and such Trust Bank at the time of creation of the escrow and shall not be callable prior to their scheduled maturities by the issuer thereof. In the event that there is a defeasance of only part of the 2008 Bonds of any maturity, the Registrar shall, if requested by the Town, institute a system to preserve the identity of the individual 2008 Bonds or portions thereof so defeased, regardless of changes in bond numbers attributable to transfers and exchanges of 2008 Bonds; and the Registrar shall be entitled to reasonable compensation and reimbursement of expenses from the Town in connection with such system. Section 21. Delegated Powers Acceptance of Purchase Contract. The officers of the Town hereby are 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 printing of the 2008 Bonds, the procuring of bond insurance, entering into and executing appropriate agreements with the Registrar and Paying Agent as to its services hereunder, and the execution of such certificates as may be required by the Purchaser, including, but not necessarily limited to, the absence and existence of factors affecting the exclusion of interest on the 2008 Bonds from gross income for federal income tax purposes. The form, terms and provisions of the Purchase Contract, the Registrar Agreement, the Escrow Agreement, the Continu- ing Disclosure Certificate, the Financial Guaranty Agreement and the Letter of Representations hereby are approved, and the Town shall enter into and perform its obligations under the Purchase Contract, the Registrar Agreement, the Escrow Agreement, the Con- tinuing Disclosure Certificate, the Financial Guaranty Agreement and the Letter of Representations in substantially the forms of such documents as on file with the Town, with only such changes therein as are required by the circumstances and are not inconsistent herewith or, with respect to the Purchase Contract, with such changes as may be approved by the Mayor, the Town Manager or the Finance Director and subject to the parameters and restrictions contained in this ordinance; and the Mayor and Town Clerk are hereby authorized and directed to execute and deliver such documents as required hereby. The Preliminary Official Statement in the form hereafter approved by any of the Mayor, the Town Manager or Finance Director is hereby approved and the officers of the Town are authorized and directed to participate in the preparation of, and to execute and deliver, the Official Statement. The execution of the Official Statement by the Mayor shall be conclusively deemed to evidence the Town's approval of the form and contents thereof. Any of the Mayor, the Town Manager or the Finance Director has the independent authority to accept any proposal of the Underwriter to purchase the 2008 Bonds and to execute a Purchase Contract and a Sale Certificate in connection therewith, as well as the authority to make determinations in relation to the 2008 Bonds contained in such Sale Certificate subject to the parameters and restrictions contained in Section 5 of this Ordinance. Further the Mayor, the Town Manager and the Finance Director are hereby independently authorized to execute and deliver a commitment for the issuance of a municipal bond insurance policy by a bond insurer on the 2008 Bonds, if any, and enter into any related documents or agreements subject to the Supplemental Act to secure the payment of principal of and interest on the Bonds. Section 22. Events of Default. Each of the following events is hereby declared an "event of default:" A. Nonpayment of Principal If payment of the principal of any of the 2008 Bonds in connection therewith, shall not be made when the same shall become due and payable at maturity; or B. Nonpayment of Interest. If payment of any installment of interest on the 2008 Bonds shall not be made when the same becomes due and payable; or C. Incapable to Perform. If the Town shall for any reason be rendered incapable of fulfilling its obligations hereunder; or D. Default of any Provision. If the Town shall default in the due and punctual performance of its covenants or conditions, agreements and provisions contained in the 2008 Bonds or in this Ordinance on its part to be performed, other than those delineates',;. in Paragraphs A and B of this Section, and if such default shall continue for 30 days after written notice specifying such default and requiring the same to be remedied shall have been given to the Town by the owners of not less than 25% in aggregate principal amount of the 2008 Bonds then Outstanding. Section 23. Remedies. Upon the happening and continuance of any event of default as provided in Section 22 hereof, the owner or owners of not less than 25% in principal amount of the 2008 Bonds, or a trustee therefor, may protect and enforce their rights hereunder by proper legal or equitable remedy deemed most effectual including mandamus, specific performance of any covenants, the appoint- ment of a receiver (the consent of such appointment being hereby granted), injunctive relief, or requiring the Town Council to act as if it were the trustee of an express trust, or any combination of such remedies. Section 24. Duties Upon Default. Upon the happening of any of the events of default as provided in Section 22 of this Ordinance, the Town, in addition, will do and perform all proper acts on behalf of and for the owners of the 2008 Bonds to protect ,*d preserve the se- curity created for the payment of the 2008 Bonds and to insure the payment of the principal of and interest on said 2008 Bonds promptly as the same become due. Proceeds derived from the Pledged Revenues, so long as any of the 2008 Bonds herein authorized, either as to principal or interest, are Outstanding and unpaid, shall be paid into the Bond Fund and the Reserve Fund, pursuant to the terms hereof and to the extent provided herein, and used for the purposes herein provided. Section 25. Replacement of Registrar or Paying Agent If the Registrar or Paying Agent initially appointed hereunder shall resign, or if the Town shall determine to replace such Registrar or Paying Agent, the Town may, upon notice mailed to each owner of any, 2008 Bond at his address last shown on the registration records, appoint a successor Registrar or Paying Agent, or both. No resigna- tion or dismissal of the Registrar or Paying Agent may take effect until a successor is appointed. Every such successor Registrar or Paying Agent shall be a bank or trust company having a shareowner's equity (e.g., capital, surplus, and undivided profits), however denominated, of not less than $10,000,000. It shall not be required that the same institution serve as both Registrar and Paying Agent hereunder, but the Town shall have the right to have the same institution serve as both Registrar and Paying Agent hereunder. Section 26. Maintenance of Escrow Account The Escrow Account shall be maintained at all times subsequent to the initial deposit of moneys therein in an amount at least sufficient, together with the known minimum yield to be derived from the initial investment and any temporary reinvestment of the deposits therein or any part thereof in Federal Securities (as defined therein), to pay the Refunded Bond Requirements as the same become due. Section 27. Use of Escrow Account. Moneys shall be withdrawn by the Escrow Bank from the Escrow Account in sufficient amounts and at such times to permit the payment without default of the Refunded Bond Requirements. Any moneys remaining in the Escrorv� Account after provision shall have been made for the redemption in full of the Refunded Bonds shall be applied to any lawful purpose of the Town as the Town Council may hereafter determine. Section 28. Insufficiency of Escrow Account. If for any reason the amount in the Escrow Account shall at any time be insufficient for the purpose of Sections 26 and 27 hereof, the Town shall forthwith deposit in such account such additional moneys as shall be neces- sary to permit the timely payment in full of the Refunded Bond Requirements. Section 29. Exercise of Option. The Town Council has elected and does hereby declare its intent to exercise on the behalf of and in the name of the Town its option to redeem the Refunded Bonds on the Redemption Date. Section 30. No Recourse against Officers and Agents Pursuant to Section 11-57-209 of the Supplemental Act, if a member of the Town 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 or interest on the 2008 Bonds. Such recourse shall not be available either directly or indirectly through the Town 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 2008 Bonds and as a part of the consideration of their sale or purchase, any person purchasing or selling such 2008 Bond specifically waives any such recourse. Section 31. Bond Insurer as Owner. So long as the issuer of a municipal bond insurance policy, if any, is not then in default under such bond insurance policy, the bond insurer shall be deemed to be the Owner of all 2008 Bonds insured by it for purposes of exercising remedies, waiving defaults, or granting consents pursuant to this Ordinance. Section 32. Conclusive Recital. Pursuant to Section 11-57-210 of the Supplemental Act, the 2008 Bonds shall contain a recital that they are issued pursuant to the Supplemental Act. Such recital shall be conclusive evidence of the validity and the regularity of the issuance of the 2008 Bonds after their delivery for value. Section 33. Limitation of Actions. Pursuant to Section 11-57-212 of the Supplemental Act, no legal or equitable action brought wit,,': respect to any legislative acts or proceedings of the Town in connection with the authorization or issuance of the 2008 Bonds, including but not limited to the adoption of this Ordinance, shall be commenced more than thirty days after the authorization of the 2008 Bonds. Section 34. Severability. If any one or more sections, sentences, clauses or parts of this Ordinance shall for any reason be held invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, but shall be confined in its opera- tion to the specific sections, sentences, clauses or parts of this Ordinance so held unconstitutional or invalid, and the inapplicability and invalidity of any section, sentence, clause or part of this Ordinance in any one or more instances shall not affect or prejudice in any way the applicability and validity of this Ordinance in any other instances. Section 35. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 36. Amendment. After any of the 2008 Bonds have been issued, this Ordinance shall constitute a contract between the Town and the owners of the Bonds and shall be and remain irrepealable until the Bonds and the interest thereon have been fully paid, satis- fied and discharged. A. The Town may, without the consent of, or notice to the owners of the 2008 Bonds, adopt such ordinances supplemental hereto (which supplemental amendments shall thereafter form a part hereof) for any one or more or all of the following purposes: (1) to cure any ambiguity, or to cure, correct or supplement any defect or omission or inconsistent provision contained in this Ordinance, or to make any provisions with respect to matters arising under this Ordinance or for any other purpose if such provisions are necessary or desirable and do not adversely affect the interests of the owners of the 2006 Bonds; (2) to subject to the lien of this Ordinance additional revenues, properties or collateral; (3) to grant or confer upon the Registrar for the benefit of the registered owners of the Bonds any ari.+;" C34 Saturday, September 20, 2008 powers, or authority that may lawfully be granted to or conferred upon the registered owners of the Bonds; or (4) to qualify this Ordinance under the Trust Indenture Act of 1939. B. Exclusive of the amendatory ordinances permitted by Paragraph A of this Section, this Ordinance may be amended or supplemented by ordinance adopted by the Town Council in accordance with the law, without receipt by the Town of any additional consideration but with the written consent of the owners of 66% in aggregate principal amount of the 2008 Bonds Outstanding at the time of the adoption of such amendatory or supplemental ordinance; provided, however, that, without the written consent of the owners of all of the 2008 Bonds adversely affected thereby, no such Ordinance shall have the effect of permitting: (1) An extension of the maturity of any 2008 Bond authorized by this Ordinance; or (2) A reduction in the principal amount of any 2008 Bond or the rate of interest thereon; or (3) The creation of a lien upon or pledge of Pledged Revenues ranking prior to the lien or pledge created by this Ordinance; or (4) A reduction of the principal amount of 2008 Bonds required for consent to such amendatory or supplemental ordinance; or (5) The establishment of priorities as between 2008 Bonds issued and Outstanding under the provisions of this Ordinance; or (6) The modification of or otherwise affecting the rights of the owners of less than all of the 2008 Bonds then Outstanding. Copies of any waiver, modification or amendment to this Ordinance shall be delivered to any entity then maintaining a rating on the 2008 Bonds and to the Paying Agent and Registrar. Section 37. Amendments to the Ordinances authorizing the Issuance of the 1998A Bonds and 20026 Bonds. The definition of "Bond Reserve Insurance Policy" contained in Ordinance No. 12, Series of 1998, authorizing the issuance of the 1998A Bonds and Ordinance No. 2, Series of 20026, authorizing the issuance of the 2002 Bonds, is hereby amended to read as follows: Bond Reserve Insurance Policy_ any insurance policy, surety bond, irrevocable letter of credit or similar instrument deposited in or credited to the Reserve Fund in lieu of or in partial substitution for moneys on deposit therein. The issuer providing any such Bond Reserve Insurance Policy shall be an issuer which then is rated in one of the four highest investment grade rating categories by one or more nationally recognized organizations which regularly rate such obligations. Section 38. Ordinance Irrepeelable. After any of the 2008 Bonds herein authorized are issued, this Ordinance shall constitute a contract between the Town and the owners of the 2008 Bonds, and shall be and remain irrepealable until the 2008 Bonds and interest !.'.rcon shall be fully paid, cancelled and discharged as herein provided. Section 39. Disposition of Ordinance. This Ordinance, as adopted by the Town Council, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publication. Section 40. Effective Date. This ordinance shall be in full force and effect five days after publication following final passage. INTRODUCED, READ AND APPROVED on first reading by a vote of 7 to 0 this 2nd of September, 2008, and ordered published in full together with notice of hearing in the Vail Daily, a newspaper of general circulation in the Town of Vail; and further order that a Public Hearing on the Ordinance and consideration on final passage be set for Tuesday, September 16, 2008, at 7:00 p.m. at the Town Hall. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED in full, in the Vail Daily, a newspaper of general circulation in the Town of Vail on second and final reading by a vote of 7 to 0, this 16th day of September, 2008. Mayor (SEAL) Town of Vail, Colorado Attest: Town Clerk Town of Vail. Colorado STATE OF COLORADO ) COUNTY OF EAGLE ) SS. TOWN OF VAIL ) THE VAIL DAILY 970.949.0555 'li vaildailvxom Name "Yes_' "No,, Absent Abstain Dick Cleveland X Andy Daly X Farrow Hitt X Mark Gordon X Margaret Rogers X Kim Newbury X Kevin Foley X 3. That the ordinance, as well as the notice of public hearing was published after first reading in the Vail Daily, a newspaper of general circulation within the Town on September 6, 2008. The affidavit of publication is attached hereto as Exhibit A. 4. That following said public hearing, the passage of the Ordinance on second reading was duly moved and seconded, and the Ordinance was finally adopted at the meeting of September 16, 2008, by an affirmative vote of a majority of the members of the Town Council as follows: Name "Yes' "No,, Absent Abstain Dick Cleveland X Andy Daly X Farrow Hitt X Mark Gordon X Margaret Rogers X Kim Newbury X Kevin Foley X - 5. The members of the Town Council were present at each of the meetings and voted on the passage of such Ordinance as set forth above. 6. There are no bylaws, rules or regulations of the Town Council which might prohibit the adoption of said Ordinance. 7. The Ordinance was published in full in the Vail Daily, a newspaper of general circulation in the Town, on 2008, and the affidavit of publication is attached hereto as Exhibit B. 8. Notice of the meetings of September 2, 2008 and September 16, 2008, in the forms attached hereto as Exhibit C was posted at the Town Hall, not less than 24 hours prior to each meeting in accordance with law. WITNESS my hand and the seal of said Town affixed this September , 2008. (SEAL) Town Clerk EXHIBIT A AFFIDAVIT OF PUBLICATION AFTER FIRST READING (published __, 2008) - EXHIBIT B AFFIDAVIT OF PUBLICATION AFTER SECOND READING (published , 2008) EXHIBIT C Notice of the Meetings of September 2, 2008 and September 16, 2008 the Town Clerk of the Town of Vail, Colorado, do hereby certify 1. That the foregoing pages are a true, perfect and complete copy of the Ordinance adopted by the Town Council constitut- ing the governing board of the Town of Vail (the "Town Council"), had and taken at an open, regular meeting of the Town Council held at the Town Hall, in Vail, Colorado, on September 2, 2008, convening at the hour of 7:00 p.m. as recorded in the regular book of official records of the proceedings of said Town of Vail kept in my office. Published in the Vail Daily September 20, 2008 2. That the Ordinance was read by title, duly moved and seconded and the Ordinance was approved on first reading by a vote of 7 to 0 of the members of the Town Council at the regular meeting of the Town Council held at the Town Hall, in Vail, Colo- rado, on September 2, 2008, convening at the hour of 7:00 p.m., as follows: I acknowledge the Ordinance No. 21, accuracy of the 11.22.08 publication of Series of 2008. 4S +0 Wp?%w- m , Matt Mire, Town Attorney PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/22/2008 and that the last publication of said notice was in the issue of said newspaper dated 11/22/2008. In witness whereof has here unto s "hand this 1 st day of December, 2008 Publi r/ a er Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 1 st day of December, 2008. 2 Pamela Joan Schultz. SC Notary Public My Commission expires: November 1, 2011 'N^OTARRYY `N v O PUBLIC Q� E0F CD�O��. C22 Saturday, November 22, 2008 THE VAIL DAILY 970.9490555 e. Up -lighting fully contained by an overhanging building element that prevents the light from emitting upward to the sky, when the light source is shielded from the sides. b. Up -lighting for flags when the light source is shielded from the aides. c. Lights with a gas flame as the Bole light source. d. Lights specifically recommended by the Vail Comprehensive Plan. 4. Lighting Direction: All outdoor lighting shall be directed at the object intended to be illuminated and away from adjacent properties and public ways. Outdoor lights shall be directed downward, unless contained by overhanging building or landscape elements with the light source shielded from the sides. Up4ighting is allowed for gage when the light source is shielded from the sides. 5. Energy Efficiency: All outdoor lighting shall comply with the Town's adopted energy conservation code. E. Lighting Guidelines: 1. Compatibility: All outdoor lighting fixtures, fixture locations, and the color and intensity on the lighting should be aesthetically compatible with the site and structures on which they are located, the character of the surroundings, and with Vail'. environment. Outdoor lighting must also be consistent with any applicable design guidelines outlined in the Vail Comprehensive Plan. 2. Light Pollution: All outdoor lights should be designed, installed, and maintained to minimize the contribution of outdoor lighting to night time light pollution. Examples of low light pollution fixtures are available from lighting manufacturers and organizations such as the International Dark -Sky Association (IDA). 3. Energy Efficiency: Outdoor lighting should use the least number of light sources necessary to achieve the safety and .esthetic purposes for the lighting. Outdoor lighting should utilize energy efficient light sources of the lowest wattage feasible, and utilize energy efficient technologies. Outdoor lighting should also be operated and maintained to eliminate any unnecessary day -e use and to reduce night time "as during non -business hours and period, of limited residential soils ry. F. Prohibited Outdoor Lights: 1, Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation. 2. Lights affixed to the top of the roof of a structure. 3. Neon, or similar gas filled, lights. 4. Laser source lights, 6. Searchlight.. 6. Lights attached to vegetation, except decorative holiday lights. 7. Any lighting that could interfere with the public health, safety, or welfare. G. Exemptions: The standard. of this section shall not apply to: 1. Decorative holiday lights. 2. Sign illumination, me set forth in Title 11 of this code. 3. Official government lighting, other than those owned and maintained by the Town of Vail, installed for the benefit of public health, safety, and welfare. 4. Outdoor lights associated with an approved Special Events Permit. 5. Outdoor lights associated with an Art in Public Places Board (AIPP) approved public art display. 6. T,mporaryconstruction zone work lighting associated with an approved building permit or design review approval (con- struction on security and egress light, are not exempt from the provisions of this section). F. 6 fil 1 S.-sis All x9tila int, F. isin. 1 this 1. initi ints 1 at -1,e affixed 1 g� 7. Lighting identifying hazards or road construction. ,Seg8g02. It any part, section. subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such etnegehieleN decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares lt would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or 1, Rash mg, Flevalv ng Lights! i= thils whielk flesh, move, novel ., state, se ml ffate, is! nit, #1 k. , is to 9 It a eeler a use more parts, sections. subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 1.4-400. Wiwi, am of a to . located as tie 1 it .1 al., as listed he .1 it d id al am noted enly heron. lerthe himef! at pub! a health, safety. an I sau sea as set forth in a a vikh 4 a III !.an 1 .1 .1 (ill") of 1 insh grade amdr Shall he legal meneenfe"irig ...a pu pose of caleultilmu the pin aft, A. Purpose: This section establishes standard. and guidelines for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of these standards and guidelines to allow the minimum amount of lighting needed for the property on which the light sources are located, while protecting the legitimate privacy of neighboring properties. The standards and guidelines established in this section are also Intended to promote the use of environmentally sensitive and energy efficient lighting technologies, and to promote "dark sky" lighting fixture, and installation techniques to reduce light pollution. B. Applicability: Except ae provided elsewhere in this title, the design, placement, and use of all outdoor lighting within the 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 preceeding 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 S. 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, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 711h day of October, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clark READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this iBth day of November, 2008. Richard D. Cleveland, Mayor Affest: Lorelei Donaldson, Town Clerk Published in the Vail Daily November 22, 2008 Legals ORDINANCE NO. 21 town limits shall conform to the standards and guidelines as set forth in this section. SERIES 2008 C. Definition.: AN ORDINANCE AMENDING SECTION 14-10-7, OUTDOOR LIGHTING, VAIL TOWN CODE, TO ALLOW FOR AMENDMENTS FULL CUTOFF: Light fixture, that do not emit light above the horizontal plana of the light source. TO THE OUTDOOR LIGHTING STANDARDS, AND SETTING FORTH DETAILS IN REGARD THERETO. LIGHT SOURCE: A single artificial point source of luminescence that emits measurable radiant energy in or near the visible WHEREAS, on January 22, 2008, the Vail Town Council directed the Community Development Department to prepare amendments spectrum. to the Town of Vail Zoning Regulations to update the Town's existing regulations and to streamline the development review process; and, LOW DENSITY RESIDENTIAL PROPERTIES: For the purposes of this section, low density residential properties shall be defined as properties with no more than three (3) dwelling units or employee housing units. WHEREAS, on August 25, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning MULTIPLE -FAMILY AND COMMERCIAL PROPERTIES: For the purposes of this section, multiple -family and commercial Regulations in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the as zoned properties shall be defined as those with tour (4) or more dwelling units or employee housing unite, commercial Town of and, uses, or mixed -uses. WHEREAS, the Town Council flnda and determines that the amendments are consistent with the applicable elements of the adopted OUTDOOR LIGHTING: Any light source, or collection of light sources, located outside a building, including, but not limited goals, objectivas and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the to, light sources attached to any part of a structure, located on the surface of the ground, or located on freestanding poles. Town, based upon Section A of the Staff memorandum to the Planning and Environmental Commission dated August 25, 2008, and the evidence and testimony presented; and, D. Lighting Regulations. WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Develop- 1, Quantity of Light Fixtures: The maximum number of outdoor light sources for all properties is subject to the requirements mien Standards, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 25, of the adopted building codes and design review. 2008, and the evidence and testimony presented; and, For low density residential properties, the maximum number of light sources per lot shall be limited to one outdoor light per WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare ons thousand (1,000) square feet of lot area. Light sources which are no more than eighteen inches (18") above grade, as of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its measured from the top of the fixture to the finish grade below, and are full cutoff fixtures, may be allowed in addition to the natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI total number of permitted outdoor light sources. of the Staff memorandum dated August 25, 2008; and, 2. Height Limile for Light Fixtures: Outdoor lights affixed to a structure shell not exceed the height of the root save. The WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regu- maximum mounting height for light sources on a pole shall not exceed twenty feet (20'). lations, based upon Section A of the Staff memorandum to the Planning and Environmental Commission dated August 25, 2008, and the evidence and testimony presented. 3. Full Cutoff: All outdoor lights shall be fully cutoff to not emit light above the horizontal plane of the light source. Outdoor lights must be Illuminating Engineering Society (IES) "Full Cutoff" Class, International Dark -Sky Association (IDA) ap- NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: proved, or have similarly recognized verification of being full cuffoff. Lights must be installed and maintained in such a manner that the full cutoff is effective. Section 1. Section 14-10.7, Outdoor Lighting, Vail Town Code is hereby established as follows (text to be deleted is in striketh- rough, text that is to be added is bold) (all existing images are to be deleted): Exceptions: the following outdoor lights may be non4ull cuttoff: e. Up -lighting fully contained by an overhanging building element that prevents the light from emitting upward to the sky, when the light source is shielded from the sides. b. Up -lighting for flags when the light source is shielded from the aides. c. Lights with a gas flame as the Bole light source. d. Lights specifically recommended by the Vail Comprehensive Plan. 4. Lighting Direction: All outdoor lighting shall be directed at the object intended to be illuminated and away from adjacent properties and public ways. Outdoor lights shall be directed downward, unless contained by overhanging building or landscape elements with the light source shielded from the sides. Up4ighting is allowed for gage when the light source is shielded from the sides. 5. Energy Efficiency: All outdoor lighting shall comply with the Town's adopted energy conservation code. E. Lighting Guidelines: 1. Compatibility: All outdoor lighting fixtures, fixture locations, and the color and intensity on the lighting should be aesthetically compatible with the site and structures on which they are located, the character of the surroundings, and with Vail'. environment. Outdoor lighting must also be consistent with any applicable design guidelines outlined in the Vail Comprehensive Plan. 2. Light Pollution: All outdoor lights should be designed, installed, and maintained to minimize the contribution of outdoor lighting to night time light pollution. Examples of low light pollution fixtures are available from lighting manufacturers and organizations such as the International Dark -Sky Association (IDA). 3. Energy Efficiency: Outdoor lighting should use the least number of light sources necessary to achieve the safety and .esthetic purposes for the lighting. Outdoor lighting should utilize energy efficient light sources of the lowest wattage feasible, and utilize energy efficient technologies. Outdoor lighting should also be operated and maintained to eliminate any unnecessary day -e use and to reduce night time "as during non -business hours and period, of limited residential soils ry. F. Prohibited Outdoor Lights: 1, Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation. 2. Lights affixed to the top of the roof of a structure. 3. Neon, or similar gas filled, lights. 4. Laser source lights, 6. Searchlight.. 6. Lights attached to vegetation, except decorative holiday lights. 7. Any lighting that could interfere with the public health, safety, or welfare. G. Exemptions: The standard. of this section shall not apply to: 1. Decorative holiday lights. 2. Sign illumination, me set forth in Title 11 of this code. 3. Official government lighting, other than those owned and maintained by the Town of Vail, installed for the benefit of public health, safety, and welfare. 4. Outdoor lights associated with an approved Special Events Permit. 5. Outdoor lights associated with an Art in Public Places Board (AIPP) approved public art display. 6. T,mporaryconstruction zone work lighting associated with an approved building permit or design review approval (con- struction on security and egress light, are not exempt from the provisions of this section). F. 6 fil 1 S.-sis All x9tila int, F. isin. 1 this 1. initi ints 1 at -1,e affixed 1 g� 7. Lighting identifying hazards or road construction. ,Seg8g02. It any part, section. subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such etnegehieleN decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares lt would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or 1, Rash mg, Flevalv ng Lights! i= thils whielk flesh, move, novel ., state, se ml ffate, is! nit, #1 k. , is to 9 It a eeler a use more parts, sections. subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 1.4-400. Wiwi, am of a to . located as tie 1 it .1 al., as listed he .1 it d id al am noted enly heron. lerthe himef! at pub! a health, safety. an I sau sea as set forth in a a vikh 4 a III !.an 1 .1 .1 (ill") of 1 insh grade amdr Shall he legal meneenfe"irig ...a pu pose of caleultilmu the pin aft, A. Purpose: This section establishes standard. and guidelines for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of these standards and guidelines to allow the minimum amount of lighting needed for the property on which the light sources are located, while protecting the legitimate privacy of neighboring properties. The standards and guidelines established in this section are also Intended to promote the use of environmentally sensitive and energy efficient lighting technologies, and to promote "dark sky" lighting fixture, and installation techniques to reduce light pollution. B. Applicability: Except ae provided elsewhere in this title, the design, placement, and use of all outdoor lighting within the 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 preceeding 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 S. 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, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 711h day of October, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clark READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this iBth day of November, 2008. Richard D. Cleveland, Mayor Affest: Lorelei Donaldson, Town Clerk Published in the Vail Daily November 22, 2008 2422 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 10/25/2008 and that the last publication of said notice was in the issue of said newspaper dated 10/25/2008. In witness whereof has here unto set myyfnd this 28th day of October, 2008 RAA Publish a er/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado Oc 7 28th , 2008. Pamela Joan Schultz Notary Public My Commission expires: November 1, 2011 Ck= ORDINANCE NO. 22 Series of 2008 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 6, SERIES OF 2005, AMENDING THE APPROVED DEVEL- OPMENT PLAN FOR PHASE III OF SDD NO. 6, PURSUANT TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION OF AN EXISTING OFFICE AND RETAIL SPACE TO RESIDENTIAL FOR AN ADDI- TION TO AN EXISTING DWELLING UNIT, LOCATED AT 68 MEADOW DRIVE/LOT O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, amendments to a Special Development District are permitted pursuant to parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on October 13, 2008 to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a recommendation of approval to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Development District No. 6, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed amendments to Special Development District No. 6 ,NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 'All additions are illustrated with bold italics and deletions are illustrated with sNrkethreugh Section 1. Purpose of the Ordinance The purpose of Ordinance No. 22, Series of 2008, is to amend the Development Plan for Phase III of SDD No. 6, to allow for the conver- sion of an existing office and retail space to residential for an addition to an existing dwelling unit. Section 2. Establishment Procedures Fulfilled Planning Commission Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Devel- opment District No. 6, Vail Village Inn. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. SRec�l veto mint District No. 6 Special Development District No. 6, Vail Village Inn, is hereby amended to assure comprehensive development and use of the area in manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, nd promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 6, Vail Vil- lage Inn, Phase 1, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been amended because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards Special Development No 6 Vail Village Inn The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase III, shall include the following plans and materials prepared by Blue Line Architects, dated September 24, 2008: a. A1.3. Parking Map b. A2.1. Level 95.0 Existing C. A2.2. Level 95.0 Proposed d. A2.3. Level 105.0 Existing e. A2.4. Level 105.0 Proposed I. A2.5. Level 114.4 Existing g. A3.1 Exterior elevations h. A3.2 Exterior elevations i. A5.1. Vicinity Map The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, shall include the following plans and materials prepared by Fritzlen Pierce Architects, dated December 13, 2004, and stamped approved by the Town of Vail, dated -'Wrch 1, 2005: A200. Level One Floor Plan A201. Level Two Floor Plan A202. Level Three Floor Plan A301. North & South Elevations e. A302. East & West Elevations Density -Number of Units Per Acre - The number of dwelling units permitted in Special Development District No. 6, Vail Village Inn shall not exceed the following: Dwelling Units Per Acre — 13.25 Density — Gross Residential Floor Area - The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, which accounts for residential square footage only, shall not exceed the following: GRFA — 187,798 Square Feet Other Development Standards No other development standards are amended by this ordinance. Section 5. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 6, Vail Village Inn: 1. The Vail Village Inn Homeowner's Association shall address the illegal demolition of the walkway on the east side of the subject property, by submitting a Design Review application, prior to the submittal of a Design Review application for the exterior changes associated with this conversion. 2. The applicant shall comply with all Building Code requirements for ingress, egress, and accessibility for Vail Village Inn Phase III which may include improvements to the public walkway, along the east side of the subject property, from the pedestrian plaza to Meadow drive. Compliance shall be demonstrated in conjunction with Building Permit submittal. 3. The applicant shall install or cause to be installed, a new loading and delivery connection on the west end of the existing underground parking garage (Under Building No. 1 in Phase III) that aligns with the Plaza's existing loading and delivery garage door at the east end of the underground parking garage, accessed off the South Frontage Road, prior to the issuance of a building permit. 4. The applicant shall comply with the requirements of Chapter 12-24, Inclusionary Zoning, by payment of a fee -in -lieu, in the amount of $37,314.11, prior to the issuance of a building permit. 5. The applicant shall receive Design Review Board approval for the proposal, prior to submitting a building permit applica- tion. 6. The applicant shall facilitate the dedication and recording of the of a public easement over the existing pocket park located directly north of the proposed front door of Unit #110 in a form acceptable to the Town Attorney. A copy of the recorded easement shall be submitted in prior to release of the Building Permit. Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. The 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 21st day of October, 2008 and a public hearing for second reading of the Ordinance set for the 4th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. I Attest: Lorelei Donaldson, Town Clerk Richard Cleveland, Mayor Published in the Vail Daily October 25, 2008. I acknowledge the accuracy of the 10.25.08 publication of Ordinance No. 22, Series of 2008. Matt Mire, To b Attorney . r�//•'�� r- Tuc yell nAll V 970.949.171SSS vaildailv.com C26 Saturday, October 25, 2008 - - WILDRIDGE I WILDRIDGE �... -. s Y Y: WILDRIDGE 4 WILDRIDGE Dallas, Alan. WILDRIDGE North 4691 Vievvid Plat Point Alzing p 3351 Ferret lane -East 3351 Ferret Lane -West 4590 Plat Print Road vi cos o Enjoy the panoramic views of the slopes panoramic c vie Amazing panoramic views to Beaver panoramic Magnificent views backdrop this brand Dramatic drop-off views greet guests as Magnificent panoramic views and all day from the deck of this 2493+ sq. It home. Creek! Large stone patio perfect for out - new exquisite mountaintop home on a cul-de-sac. Slated for autumn the enter this well-appointed and comfortable mountaintop home at the sun from this 5,131 square foot 5 BR, 3 BA Single Family Home at end of cul-de-sac 3BD, 3BA, 2 car heated garage, a lot of storage, backs to BLM. Wonderful for door living. Recently remodeled kitchen and master bath. Beautifully landscaped quiet completion, you could be in this end of a quiet cul-de-sac. This home will 2008/09 on over an acre. 3 car garage. Priced be- anyone who enjoys a lot of sun, quiet, family large front yard Is great for kids! beautiful home for the holidays! be complete and ready for the low appraisal and lowest price per square and privacy. Lives like a single $1,675,000 Tom Dunn ski season! $1,445,000 Tom Dunn Realty foot in Wildridge. An incredible value! $1,219,000 Peter Pa angells 970.376-3784 home. $850,000 Kelly McDowell Jerry Mullikin(970)477-8411 Slifer Smith & Frampton Forbes Sotheby's International Realty Forbes Sotheby's International Coldwell Banker Timberline Real Estate 970.790.5032 or 720.933.9333 jmullikin@slifer.net (970)390.5737 (970)390.5737 peterpcmvail.net Keller Williams Mountain Properties www.VailRealEstate.com Web ID: C25496 Tom.Dunn@sethebysrealty.com Tom.Dunn@sothebysrealty.com WILDRIDGE WILDRIDGE-OPEN HOUSE WILDRIDGE - OPEN HOUSE f WIDLCOTT WOLCOTT Silver Moon Lane Neighborhood Redevelopment prow Spur Sunday 10-ipm, 2901 JUNE CREEK TRL SundaUnobsrutted views of the mountains! 21900 Hwy 6 WOK Stunning log home on almost 2 acres 304 Remarkable custom-built log home on a 40 acre ranch with gated entry. Four residences available, offering 3 bedrooms, 3.5 baths, granite Satund y�ha day 11-z Lowest priced townhome In Wlldridge.3 Hlgh end quality home w/exceptional finishes, cathedral ceilings, panoramic of river front 2 master suites, bright kitchen, floor to ceiling windows In the Master craftsmanship throughout Appreciate the and wildlife countertops, wood floors, air 1 car br/2.Sb + loft. New stainless appliances, Windows, great decks and privacy. great room, and a spectacular view. Horse Moess surroundings Horse Mountain Ranch. conditioning, oversized garage, and much more! Over- 3 decks, hardwood floors upstairs. Over- sized 1 car garage, low HOA dues. Spacious, open floor plan - 4 BD, 3th BA, room, office and more. Price Reduced $2,795 000 Zoned for horses. Inquire about renting se Silver Moon Lodge Priced from, $725,000 game On the end of the road and just like new! $999,000 Vickie Vanderwalker or BPI Perry Slifer Smith & Frampton . $3,250,000 Furnished Paul and Theresa Smith 970.331.3616 For more information and to view these residences and toill view es contactYoung on �9'� FSBO ALRZA 970-471-SSOS Ron Byrne & Associates (970)926-7355 vvanderwalker@slifer.net (970)845-2000 bperry0a slifer.net paul.smith@lsothebysrealty.com Forbes Sotheby's International Realty The r Company 970-845-7776 or 970-331-1866. 970-331-1280 Alitza apronb rne.com www.VailRealEstate.comID: C25057 e. A302. East & West Elevations ORDINANCE NO. 22 Density -Number of Units Per Acre - Series of 2008 The number of dwelling units permitted in Special Development District No. 6, Vail Village Inn shag not exceed the following: Dwelling Units Per Acre -13.25 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 6, SERIES OF 2006, AMENDING THE APPROVED DEVEL• Density - Gross Residential Floor Area - The gross residential floor area (GRFA) units permitted in Special Development District No. 6, Vail Village Inn, Phase 1, which accounts OPMENT PLAN FOR PHASE III OF SOD NO. 6, PURSUANT TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN for residential square footage only, shall not exceed the following: CODE, TO ALLOW FOR THE CONVERSION OF AN EXISTING OFFICE AND RETAIL SPACE TO RESIDENTIAL FOR AN ADDI- GRFA- 187,798 Square Feet TION TO AN EXISTING DWELLING UNIT, LOCATED AT 68 MEADOW DRIVEA.OT O, BLOCK SD, VAIL VILLAGE FILING 1, AND Other Development Standards SETTING FORTH DETAILS IN REGARD THERETO. No other development standards are amended by this ordinance. WHEREAS, amendments to a Special Development District ere permitted pursuant to parameters set forth for such in Section 12-91 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on October 13, 2008 to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a recommendation of approval to the Town Council of the Town of Vail based on the criteria and findings presented in the stag memorandum; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Development District No. 6, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed amendments to Special Development District No. 6 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 'Ag additions are illustrated with bold italiee and deletions are illustrated with at I'm In odoo Section?. P mose of the Ordnance The purpose of Ordinance No. 22, Series of 2008, is to amend the Development Plan for Phase III of SDD No. 6, to allow for the commi- sion of an existing office and retail space to residential for an addition to an existing dwelling unit. Sestlon 2. F.. _-. "---._duribi EwI :n_. PIann ..D rD-. missjQD BDhg2d The procedural requirements described In Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Devel- opment District No. 6. Vail Village Inn. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code, Seetlral 3. Spec I D ,elooment District Na 6 Special Development District No. 6, Vail Village Inn, is hereby amended to assure comprehensive development and use of the area In e manner that would be harmonious with the general character of the Town, provide adequate open apace and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 6, Vail Vil- lage Inn, Phase 1, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been amended because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Saotlon 4. Develcomenl%andarda. Spogalpoveloom2niNg,6.YajiVilaue Inn The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase in, shell include the following plans and materials prepared by Blue Line Architects, dated September 24, 2008: a. A1.3. Parking Map b. A2.1. Level 95.0 Existing c, A2.2. Level 95,0 Proposed d. A2.3. Level 105.0 Existing e. A2.4. Level 106.0 Proposed f. A2.5. Level 114A Existing g. A&I Exterior elevations h. A32 Exterior elevations i. A5.1. Vicinity Map The amended Development Plan for Special Development District No. 6, Vail Village Inn. Phase 1, shall include the following plans end materials prepared by Fm7Jon Pierce Architects, dated December 13, 2004, and stamped approved by the Town of Vail, dated March 1, 2005: e. A200. Level One Floor Plan b, A201. Level Two Floor Plan c. A202. Level Three Floor Plan Sacuon 5. Conditions of ADDfUwal The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 6, Vail Village Inn: 1. The Vail Village Inn Homeowners Association shah address the illegal demolition of the walkway on the east side of the subject property, by submitting a Design Review application, prior to the submittal of a Design Review application for the exterior changes associated with this conversion. 2. The applicant shall comply whh all Building Code requirements for ingress, egress, and accessibility for Vail Village Inn Phase III which may include improvements to the public walkway, along the east side of the subject property, from the pedestrian plaza to Meadow drive. Compliance shall be demonstrated in conjunction with Building Permit submittal. 3. The applicant shall install or cause to be installed, a new loading and delivery connection on the west end of the existing underground parking garage (Under Building No, 1 in Phase III) that aligns with the Plaza's existing loading and delivery garage door at the out end of the underground parking garage, accessed off the South Frontage Road, prior to the issuance of a building permit. 4. The applicant shall comply with the requirements of Chapter 12.24, Inclusionary Zoning, by payment of a fee-in-Ileuin the amount of $37,314.11, prior to the issuance of a building permit. S. The applicant shall receive Design Review Board approval for the proposal, prior to submitting a building permit applies. tion. 6. The applicant shall facilitate the dedication and recording of the of a public easement over the existing pocket park located directly, north of the proposed front door of Unit #110 in a forth acceptable to the Town Attorney. A copy of the recorded easement shall be submitted in prior to release of the Building Permit. Swd- 8. it 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 h 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. Swim 7. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any night 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. Swil 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only a such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or pad thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of October, 2008 and a public hearing for second reading of the Ordinance set for the 4th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado, Attest: Lorelei Donaldson, Town Clerk Richard Cleveland, Mayor Published in the Vail Daily October 25, 2008. Number PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/8/2008 and that the last publication of said notice was in the issue of said newspaper dated 11/8/2008. In witness whereof has here unto set my hand this 18th day of November, 2008 Publisher/ er 1 pager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 18th day of November, 2008. � Pamela Joan Schultz J'scti Notary Public NOTARY Gly 4: N My Commission expires: November 1, 2011 �� `�/ v `� 0 THE VAIL DAILY ; 970.949.0555 ig vailda ORDINANCE NO. 23 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-22, VIEW COORIDORS, VAIL TOWN CODE, TO ADOPT TWO NEW VIEW POINTS AND AMEND ONE EXISITNG VIEW POINT IN LIONSHEAD, AND SETTING FORTH DETAILS IN REGARD THERETO, WHEREAS, On May 20, 1997, recognizing the importance of visual connections to the surrounding environment, the Town Council approved the use of the existing Town of Vail view corridor ordinance to designate the first protected public view corridors in Lions - head.; and, WHEREAS, on September 27, 2004, the Town of Vail Planning and Environmental Commission approved a major exterior alteration application for the redevelopment of the Vail Associates core site property. In approving the application, the Commission placed a condition on the approval requiring the applicant, Vail Resorts, Inc., to submit an application to the Town of Vail Community Develop- ment Department for the creation of two new view corridors and one amended view corridor upon the completion of the Arrabelle at Vail Square project; and, WHEREAS, on October 13, 2008, the Planning and Environmental Commission voted 3-0-1 (Pierce abstained) to forward a recom- mendation of approval to adopt two new view corridors and amend one existing view corridor in Lionshead, pursuant to the recom- mendations outlined in Chapter 4, Recommendations -Overall Study Area, Public View Corridors, Lionshead Redevelopment Master Plan, and setting forth details in regard thereto; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section IV of the Staff memorandum to the Planning and Environmental Commission dated October 13, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Develop- ment Standards, based upon Section IV of the Staff memorandum to the Planning and Environmental Commission dated October 13, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section IV of the Staff memorandum dated October 13, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regu- lations, based upon Section IV of the Staff memorandum to the Planning and Environmental Commission dated October 13, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 14-10-7, Outdoor Lighting, Vail Town Code is hereby established as follows (text to be deleted is in striketh- rough, text that is to be added is bold. Sections of text that are not amended have been omitted): View Point #8: A view from the pedestrian plaza at the east end of the Lifthouse Lodge (555 E. Lionshead Circle) looking south directly up the gondola lift line. 1. Purpose: To protect the views of Vail Mountain from the core of the Lionshead area. 2. Survey Control: Based on published material from Town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control. 3. Instrument; View Point #8: A 2 %" diameter aluminum monument, flush in brick pavers, stamped View 8. 4. Backsight: A 2 1/2" diameter aluminum monument, which bears S84022'18"W a distance of 164.53 feet. Located flush on top of the stone wall running east to west in front of the Montauk Deck east of the main entrance, stamped CP Montauk. 5. Height Of Survey Instrument Above View Point #8: 5.03 feet (to match previous height before streetscape). 6. Table: Horizontal Zenith Angle Angle Foresight Point On Photo As Of July 8, 2008 267°00'33" 79'08'15" A - Intersection of the horizon with a vertical line defined by the southerly roofline on the Vail Lionshead Centre Condominiums, 520, E. Lionshead Circle. 266°52'31" 85°10'55" B - Intersection of a lower roof at the westerly and the westerly building wall of the Vail Lionshead Centre Condominiums. 268°09'29" 85°55'59" C - Westerly end of the lower roof on the westerly end of the Vail Lionshead Centre Condominiums. 267°50'34" 87°46'40" D - Intersection of the red awning and the westerly wall of the Vail Lionshead Centre Condominiums. 269°10'34" 87°51'15" E -Top Westerly corner of red awning. 269010'34" 88028'56" F - Point of intersection of the red awning and the main level roof line on the westerly end of the Vail Lionshead Centre Condominiums. 271'54'54" 88°28'56" G - Point of intersection of a line projected from View Point F across the Eagle Bahn Gondola ski yard to the support post of the sloped roof of the terrace on the 1st level along the east side of the Arrabelle at Vail Square. 281 °17'48" 87°51'18" H - Underside intersection of sloped roof and the support post of the terrace on the 1st level on -the east side of Arrabelle at Vail Square. 280°52'19" 87°46'16" 1- Underside of sloped roof of the terrace on the 1 st level on the east side of Arrabelle at Vail Square. 280'42'31" 87°24'36" J - Top edge of overhang/beginning of sloped roof of the terrace at the 1 st level on the east side of the Arrabelle at Vail Square. 281'30'24" 87006'00" J - Top edge of overhang/beginning of sloped roof of the terrace at the tat level on the east side of the Arrabelle at Vail Square. 281'31'32" 79°37'37" K - Intersection of sloped roof of the terrace at the 1 st level and the east wall of the Arrabelle at Vail Square. 281'09'32" 79°02'30 L - Intersection of the east wall of the and the bottom outer edge of the concrete deck on the 6th level of the Arrabelle at Vail Square. M - Top outer edge of concrete deck on the 6th level of the Arrabelle at Vail Square. O - Line projected from Viewpoint M straight up to the horizon line of Vail Mountain. The following are permitted within View Corridor #8: Drain pipes; roof snow fences; street lights, decorative outdoor lights/lighting; ski lifts/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under the Town of Vail Town Code contained within the following described parcels: Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing; Units A and B, Lot 5, Block 4, Vail Village Third Filing, Lot 4, Block 4, Vail Village Third Filing (aka Beaver Dam Condominiums); Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing; Units 1 and 2, House in Forest Condominiums; Parcels A and B, Lot 3, Block 1, Vail Village Sixth Filing; Lots 1 and 3, Forest Place Subdivision; Lot 6, Block 1, Vail Village Third Filing. View Point #9 A view from the top west stair above the ice rink of the Arrabelle at Vail Square looking south across the pedestrian mall of the Arrabelle at Vail Square towards the Eagle Bahn Gondola. 1. Purpose: To protect the views of Vail Mountain from the core of the Lionshead area. 2. Survey Control: Based on published material from town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control. 3. Instrument; View Point #9: A 2 Y2" diameter aluminum monument, set at the center of the top of the west stair above the ice rink of the Arrabelle flush in pavers, stamped View 9. 4. Backsight: A 2 1/2" diameter aluminum monument, which bears S84°22'18"W a distance of 164.53 feet. Located flush on top of the stone wall running east to west in front of the Montauk Deck east of the main entrance, stamped CP Montauk. 5. Height Of Survey Instrument Above View Point #9: 5.20 feet. 6. Table: Horizontal Zenith Angle Angle Foresight Point On Photo As of June 1, 2008 67°13'19" 83°39'37" A - Intersection of underside of the pedestrian bridge and the east wall at the Saturday, November 8, 2008 US 74°0955" 87°56'16" 3rd level 67°13'16" 84°01'27" B - Intersection of east wall and sloped roof at the 3rd level 68°58'53" 84'34'10" C - East end of sloped root/ Top of deck railing at the 3rd level 68'58'15" 86°49'52" D - Underside of outermost edge of terrace on the east side of the 3rd level 68°19'45" 86°54'20" E - Intersection of east wall and underside of terrace of the 3rd level 68°19'36" 90°52'16" F - Angle point in east wall 68'51'23" 94034'30" G - Intersection of east wall at ground level 71035'08" 93°11'36" H - Intersection of west wall at ground level 71 °40'40" 91'48'13" 1- Angle point of west wall 72°18'05" 90°07'47" J - Angle point of west wall 72°17'49" 89'39'20" K - Top of the great room terrace wall at the 2nd level 74'14'07" 89°32'05" L - Intersection of the great room terrace wall at the 2nd level and the east side of the C - Point along the sloping overhang roof line and a line projected from the top of the outdoor fireplace chimney in the pedestrian plaza 74°36'40" 87°55'34" M - Angle point of the east side of the outdoor fireplace chimney and the intersection D - Line intersection projected from Viewpoint C and a line from the west edge of the of the underside of sloped roof overhang at the 2nd level Saturday, November 8, 2008 US 74°0955" 87°56'16" N - Underside of sloped roof overhang at the 2nd level 73°52'09 87036'45" O- Top side of sloped roof overhang for the 2nd level 74°36'25" 86°58'15" P - Intersection of sloped roof for the 2nd level and the fireplace chimney 74°32'38" 84°09'29" 0 - Top east side of the fireplace chimney 76°3113 83°59'23" R - Top west side of the fireplace chimney 76°28'06" 86°17'44" S - Intersection of the west side of the fireplace chimney and sloped roof for the 2nd 5. Height Of Survey Instrument Above View Point #10: 5.20 feet. - 6. Table: level 78020'42" 85°21'48" T - Intersection of sloped roof and dormer overhang at the 3rd level 78°58'36" 83°28'40" U - Intersection of dormer overhang at the 3rd level and the underside of the pedes Foresight Point On Photo As of June 1, 2008. 350°36'14" trian bridge The following are permitted within View Corridor #9 Above ground pedestrian bridge connecting buildings; maypole and attachments; signs attached to the building; umbrellas located on decks, skier bridge and appurtenances; menu boards; movie screens; decorative outdoor lights/lighting; railings defining restaurant decks; flower containers; directional/directory signs; trash containers; bollards; roof snow fences; street lights; ski lifts/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under the Town of Vail Town Code contained within the following described parcels: Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing; Units A and B, Lot 5, Block 4, Vail Village Third Filing; Lot 4, Block 4, Vail Village Third Filing (aka Beaver Dam Condominiums); Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing; View Point #10: A view from the top of the stairs east of the Landmark building looking south directly up the Eagle Bahn Gondola lift line thru the Arrabelle at Vail Square to the horizon line of Vail Mountain. 1. Purpose: To protect the views of Vail Mountain from the core of the Lionshead area. 2. Survey Control: Based on published material from Town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control. 3. Instrument; View Point #10: A 2 %" diameter aluminum monument, located 25 feet North West of the top step east of the Landmark building in the grass, near the bend in the sidewalk heading toward the North Day Lot, stamped View 10. 4. Backsight: A 2 1/2" diameter aluminum monument which bears S10°14'26"E a distance of 171.51 feet. Located on the top of the west stair above the ice rink of the Arrabelle at Vail Square flush in pavers, stamped View 9. 5. Height Of Survey Instrument Above View Point #10: 5.20 feet. - 6. Table: Horizontal Zenith Angle Angle Foresight Point On Photo As of June 1, 2008. 350°36'14" 79'31'45" A - Intersection of roof line of the 7th level and evergreen tree 353'22'18" 79'23'31" B - West edge of roof line of the 7th level 353035'53" 80'22'46" C - Point along the sloping overhang roof line and a line projected from the top of the ball on the finial cap at the 7th level 354019'54" 80°22'46" D - Line intersection projected from Viewpoint C and a line from the west edge of the finial cap on at the 7th level. 354°19'54" 81'11'30" E - Intersection of west edge of the finial cap and the covered outside terrace curved roof line at the 7th level. 355°31'32" 81'39'33" F - Intersection of the covered outside terrace curved roof line and the air louver on the west side of the 7th level 355°58'38" 81039'33" G - West outer edge of air louver on covered outside terrace curved roof line along the west wall of the 7th level 356°06'33" 85'03'26" H - Intersection of the 7th level west wall and the top of terrace railing at the 6th level 357'08'18" 85°15'26" 1- West outer edge of the top terrace railing at the 6th level 357'10'48" 85'53'17" J - West outer edge at the bottom of the decking for at the 6th level 356'05'50" 86'25'18" K - Intersection of the plaza area east wall and the bottom of the decking at the 6th level 356'04'55" 87°47'08" L - Intersection of the plaza area east wall and the sloped roof 356'25'23" 88°07'16" M - West outer edge of sloped roof 356'04'55" 88'23'50" N - Intersection of the plaza area east wall and the underside of the sloped roof 356005'50" 89°15'05" O - Intersection of the plaza area east wall and the top of the pedestrian bridge 02°45'18" 89'14'43" P - Intersection of the pedestrian bridge and the eastern point of the dormer roof line for the 3rd level 02'45'18" 89'07'46" 0 - Top eastern point of the dormer roof line of the 3rd level 03'35'07" 89'07'14" R - Intersection of the dormer roof line at the 3rd level and the stucco support column for the terrace for the 3rd level 03°35'07" 89002'37" S - East corner of stucco support column for the 3rd level 03043'19" 89'01'45" T - Intersection of wood support post and the top base of stucco column for the 3rd level 03043'19" 88015'55" U - Underside of sloped roof overhang for the 3rd level roof overhang 03°11'51" 88°01'36" V - East outer edge of sloped roof overhang for the 3rd level roof overhang 04'06'01" 85°17'14" W - Top east edge of roof line for the 3rd level roof overhang 06'47'20" 85'22'54" X - An intersection point of a line projected along the roof line for the 3rd level and a line projecting down from the underside of the 5th level deck 06'47'20" 83'33'42" Y - Top east edge of the terrace railing at the 5th level 07°35'22" 83'33'18" Z - Intersection of a line projecting along the top edge of the terrace railing at the 5th level to a point on the concrete terrace patio at the 6th level 08002'43" 78°52'04" At- A line projected from the described point in Viewpoint W to the east outer edge of the roof line at the 6th level 09'32'54" 78'52'04" B1 - An Intersection point of a line projected along the 6th level roof line and the cop per gutter of the clock tower 09°57'53" 76004'24" C1 - A line projected from the described point in Viewpoint Y to the eastern edge of the slopped roof line of the turret for the 6th level The following are permitted within View Corridor #10 Drain pipes; snow cable clips; flower boxes; roof snow fences; decorative outdoor lights/lighting; ski liftshows and ap- purtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under the Town of Vail Town Code contained within the following described parcels: Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing; Units A and B, Lot 5, Block 4, Vail Village Third Filing; Lot 4, Block 4, Vail Village Third Filing (aka Beaver Dam Condominiums); Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing; Units 1 and 2, House in Forest Condominiums; Parcels A and B, Lot 3, Block 1, Vail Village Sixth Filing; Lots 1 and 3, Forest Place Subdivision; Lot 6, Block 1, Vail Village Third Filing. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21 st, day of October, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Published in the Vail Daily Novewmber 8, 2008. I acknowledge the accuracy of the 11. 11.08 publication of Ordinance No. 23, Series of 2008. 4. +,-, I �- Matt Mire, o n Attorney /W hm �"� - Warren Campbell, Chid of Planning THE VAIL DAILY I 970.949.0555 vaildail ORDINANCE NO. 23 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12.22, VIEW COORIDORS, VAIL TOWN CODE, TO ADOPT TWO NEW VIEW POINTS AND AMEND ONE EXISITNG VIEW POINT IN LIONSHEAD, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, On May 20, 1997, recognizing the importance of visual connections to the surrounding environment, the Town Council approved the use of the existing Town of Vail view corridor ordinance to designate the first protected public view corridors in Lions - head.; and, WHEREAS, on September 27, 2004, the Town of Vail Planning and Environmental Commission approved a major exterior alteration application for the redevelopment of the Vail Associates we site property. In approving the application, the Commission placed a condition on the approval requiring the applicant, Vail Resorts, Inc„ to submit an application to the Town of Veil Community Develop- ment Depedment for the creation of two new view corridors and one amended view corridor upon the completion of the Arrabelle at Vail Square project; and, WHEREAS, on October 13. 2008, the Planning and Environmental Commission voted 3-0-1 (Pierce abstained) to forward a mcom- mendation of approval to adopt two new view corridors and amend one existing view corridor in Lionshead, pursuant to the recom- mendations outlined in Chapter 4, Recommendations -Overall Study Area, Public View Corridors, Lionshead Redevelopment Master Plan, and setting forth details in regard thereto; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, object, .s end policies oullinad,n the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section IV of the Staff memorandum to the Planning and Environmental Commission dated October 13, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Develop- ment Standards, based upon Section IV of the Staff memorandum to the Planning and Environmental Commission dated October 13, 2008, and the evidence and testimony presented; and. WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resod and residential community of the highest quality. based upon Section fV of the Staff memorandum dated October 13, 2008, and, WHEREAS, the Town Council finds and delslimme that the public health, safety, and welfare will be served by these adopting regu- lations, based upon Section IV of the Staff memorandum to the Planning and Environmental Commission dated October 13, 2008, and the evidence and testimony presented. NOW, THEREFORE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section t, Section 14.10-7, Outdoor Lighting, Vail Town Code is hereby established as follows (text to be deleted is in Wiketh- rough, text that is to be added is bold. Sections of text that are not amended have been omitted): View Point e8: A view from the pedestrian plaza at the seat end of the Lighouser Lodge (555 E, Lionshead Circle) looking south directly up the gondola lin line. 1. Purpose: To protect the views of Vail Mountain from the core of the Lionshead area. 2, Survey Control: Based on published material from Town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control, 3, Instrument; View Point a8: A 2 W" diameter aluminum monument, flush in brick pavers, stamped View 8. 4. Backsight: A 2 K" diameter aluminum monument, which bean 584°22'18"W a distance of 164.53 feet, Located flush on tap of the stone wall running east to west in front of the Montauk Deck east of the main entrance, stamped CP Montauk S. Height Of Survey Instrument Above View Point 48: 5.03 feet (to match previous height before stmet.cape). 6. Table: Horizontal Zenith Angle AngleForesight Point On Photo As Of July 8, 2008 267°00'33" 79°08'15" A - Intersection of the horizon with a vertical If.. defined by the southerly eeBine on the Vail Lionshead Centre Condominiums, 520, E. Lionshead Circle. 266"52'31" 85°10'55" B. Intersection of a lower roof at the westerly and the westerly building wall of the Vail Lionshead Centre Condominiums. 268"09'29" 85"55'59" C - Westerly end of the lower roof on the westerly end of the Vail Lionshead Centre Condominium.. 267°50'34" 117"48'40" D -Intersection of the red awning and the westerly wall of the Veil Lionshead Centre Condominiums. 289°10'34" 87°51'15" E -Top westerly comer of red awning. 289°10'34" 88"28'66" F - Point of intersection of the red awning and the main level roof line on the westerly and of the Vail Lionamed Centra Condominiums. 271°54'54" 88°28'56" G - Point of intersection of a line projected from View Point F across the Eagle Bohn Gondola ski yard to the support post of the sloped roof of the terrace on the 1 at level along the east side of the Annabelle at Vail Square. 281°17'48" 87"51'18" H - Underside intersection of sloped roof and the support poet of the terrace on the tat level on the east side of Annabelle at Vail Square. 280°52'19" 87°46'16" 1- Underside of sloped roof of the terrace on the let level on the east aide of ArnbaIts at Vail Square, 280"42'31" 87°24'36" J - Top edge of overhangtbeginning of sloped roof of the terrace at the tat level on the east side of the Arrabelle at Vail Square. 281`30'24" 87°06'00" J -Top edge of overhang/beginning of sloped roof of the terrace at the tat levet on the east aide of the Arrabelle at Vail Square. 281"31'32" 79"37'37" K - Intersection of sloped roof of the terrace at the 1 a level and the east wall of the A'.belle at Veil Square. 281`09'32" 79"02'30 L" Intersection of the east wall of the and the bottom outer edge of the concrete deck on the 6th level of the Arrabelle at Vail Square. M -Top outer edge of concrete deck on the 6th level of the Arraballe at Vail Square. 0 - Line projected from Viewpoint M straight up to the horizon line of Vail Mountain. The fallowing are permitted within View Corridor NO: Drain pipes; root snow fences; street lights; decorative outdoor lights/lighting; ski Ilffs/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under the Town of Vail Town Code contained within the following described parcels: Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing; Units A and B, Lot 5, Block 4, Vail Village Third Filing; Lot 4, Block 4, Vail Village Third Filing fake Beaver Dam Condominiums); Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing; Units i and 2, House In Forest Condominiums; Parcels A end B. Lot 3, Block 1, Vail Village Sixth Filing; Leta 1 and 3, Forest Placa Subdivision; Lot 8, Block 1, Vail Village Third Filing. View Point e9 A view from the top west stair above the ice rink of the Arrabelle of Vail Square looking south across the pedestrian mall of the Arrabelle at Vail Square towards the Eagle Berlin Gondola. I. Pse urpo: To protect the views of Vail Mountain from the core of the Lionshead area. 2. Survey Control: Based on published material from town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control. 3. Instrument; View Point e9: A 2 %" diameter aluminum monument, set at the center of the top of the west stair above the I.. rink of the Arrebelle flush in pavers, stamped View 9. 4. Backsight: A 2 %' diameter aluminum monument, which bears S84'22'1 8"W a distance of 164,53 feet. Located flush on top of the stone wall running east to west in front of the Montauk Deck east of the main entrance, stamped CP Montauk. S. Height Of Survey Instrument Above View Point f5: 5.20 feet. 6. Table: Horizontal Zenith Angle Angle Foresight Point On Photo As of June 1, 2006 67"13'19" 83"39'37" A - Intersection of underside of the pedestrian bridge and the east wall at the 3rd leve] 6]°13'16" 84"01'27" B -Intersection of east wall and sloped roof at the 3rd level Saturday, November 8, 2008 C25 legals 74'09'55" 87'56'16" N - Underside of sloped roof overhang at the 2nd level 73"52'09" 87°36'45" O- Top side of sloped roof overhang for the 2nd level 74"36'25" 86"58'15" P - Intersection of sloped roof for the 2nd level and the fireplace chimney 74°32'38" 84°09'29" 0 - Top east aide of the fireplace chimney 711 83'59'23" R - Top west side of the fireplace chimney 76°28'06" 86'17'44" S - Intersection of the west side of the fireplace chimney and sloped roof for the 2nd level 78"20'42" 85°21'48" T - Intersection of sloped roof and dormer overhang at the 3rd level 78°58'36" 83°28'40 U - Intersection of dormer overhang at the 3rd level and the underside of the pada. trimn bridge The following are permitted within View Corridor ft9: Above ground pedestrian bridge connecting buildings; maypole and attachment.; signs attached to the building; umbrellas located on decks, skier bridge and appurtenances; menu boards; movie screen.; decorative outdoor lights/lighting; railings defining restaurant decks; flower containers; ellrectlonallch ectory signs; trash containers; bollards; roof snow fences; street lights; ski lifettows and appurtenance.; ski area installations and appurtenances, e.g., sign., fencing; other items not comprising the structure of the building; all structures permitted under the Town of Vail Town Code contained within the following described parcels: Parcels A and 0, Lot 1, Block 2, Vail Village Sixth Filing; Units A and 0, Lot 5, Block 4, Vail Village Third Filing; Lot 4, Block 4, Vail Village Third Filing (aka Beaver Dam Condominiums); Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing; View Point 810: A view from the top of the stairs east of the Landmark building looking south directly up the Eagle Bohn Gondola lin line ihru the Annabelle at Vail Square to the horizon line of Vail Mountain. 1. Purpose: To protect the views of Vail Mountain from the core of the Lionshead area. 2. Survey Control: Based on published material from Town of Vail GPS control map. Points Spraddle and 1766 were used for this survey, Bearings reported below are tied to this control. 3. Instrument; View Point e10; A 2 h" diameter aluminum monument, located 25 feat North West of the top step east of the Landmark building in the grass, near the bend in the sidewalk heading toward the North Day Lot, stamped View 10. 4. Backsight: A 2 %" diameter aluminum monument which beers S10°14'26"E a distance of 171.51 feet. Located on the top of the west stair above the ice rink of the Arrabelle at Veil Square gush in pavers, stamped View 9. S. Height Of Survey Instrument Above View Point a10: 5.20 feet. 6. Table: Horizontal Zenith Angle Angle Foresight Point On Photo As of June 1, 2008. 350'36'14" 79"31'45 A - Intersect]on of roof line of the 7th level and evergreen tree 353°22'18" 79"23'31" B - West edge of roof line of the 7th level 353"35'53" 80°22'46" C - Point along the sloping overhang roof line and s line projected from the top of the ball on the finial cap at the 7th level 354"19'54" 80°22'46" D - Line intersection projected from Viewpoint C and a line from the west edge of the finial cap on at the 7th level. 354"19'54" 81°11'30" E - Intersection of west edge of the finial cap and the covered outside terrace curved roof line at the 7th level. 355°31'32" 81°39'33" F - Intersection of the covered outside terrace curved roof line and the air louver on the west side of the 7th level 355°58'38" 81"39'33" G - West outer edge o1 air louver on covered outside terrace curved roof line along the west wall of the 7th level 356°06'33" 85°03'26" H - Intersection of the 7th level west well and the tap of terrace railing at the 6th level 357'08'18" 85°15'28" 1- West outer edge of the top terrace railing at the 8th level 357"1048" 85°53'17" J - West outer edge at the bottom of the decking for at the 6th level 356°05'50" 86°25'16" K - Intersection of the plaza area east wall and the bottom of the decking at the 6th larval 356"04'55" 87'47'08" L - Intersection of the plaza area oast wall and the sipped roof 356°25'23" 88^07'16 M -West outer edge of sloped roof 358"04'55" 88°23'50" N - Intersection of the plaza area east wall and the underside of the sloped roof 356105'50" 89°15'06" O -Intersection of the plaza area east wall and the top of the pedestrian bridge 02"45'18" 891443" P - Intersection of the pedestrian bridge and the eastern point of the dormer roof line for the 3rd level 02°45'18" 89"07'46" 0 -Top eastern point of the dormer roof line of the 3rd level 03°36'07" 89'0714" R - Intersection of the dormer roof line at the 3rd level and the stucco support column for the terrace for the 3rd level 03"35'07" 89"02'37" S - East correr of stucco support column for the 3rd level 074319" 89°01'45" T- Intersection of wood support post and the top base of stucco column for the 3rd level 03"43'19" 86'15'66" U - Underside of sloped roof overhang for the 3rd level roof overhang 03°11'51" 88°01'36" V - East outer edge of eloped roof overhang for the 3rd level roof overhang 04^08'01" 851714" W -Top east edge of roof line for the 3rd level roof overhang 06°47'20" 85°22'54" X - An intersection point of a line projected along the roof line for the 3rd level and a line projecting down from the underside of the 5th level deck 06°47'20" 83"33'42" Y - Top east edge of the termite railing at the 5th level 07°35'22" 83°3310" Z- Intersection of a line projecting along the top edge of the terrace railing at the 5th level to a point on the concrete terrace patio at the 6th level 08'02'43" 78°52'04" A1- A line projected from the described point in Viewpoint W to the east outer edge of the roof line at the 6th level 09^32.64^ 78"52'04" 81 - An Intersection point of a line projected along the 611, level roof fine and the cop per gutter of the clock tower 09"57'53" 76'04'24" Ct - A line projected from the described point in Viewpoint Y to the eastern edge of the slopped roof Has of the turret for the 6th level The following are permitted within View Corridor 810: Drain pipes; snow cable clips; flower boxes; roof snow fences; decorative outdoor light./lighting; ski liftahowa and ap purtenaneas; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under the Town of Vail Town Code contained within the following described parcels: Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing; Units A and B, Lot 5, Block 4, Vail Village Third Filing; Lot 4, Block 4, Vail Village Third Filing (aka Beaver Dam Condominiums); Parcels A and 0, Lot 1, Block 1. Vail Village Sixth Filing; Unit. 1 and 2, Howe in Forest Condominiums; Parcels A and B. Lot 3. Block 1, Vail Village Sixth Filing; Lots 1 and 3, Forest Place Subdivision; Lot 6, Block 1, Vail Village Third Filing. Sectlonl2, It 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 part.. sections. subsections, sentences, clauses or phrases be declared invalid. $efti09 7, The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided In this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall nM 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, thereto- fore repealed. INTRODUCED. READ ON FIRST READING, APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st, day of October, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, in the I acknowledge the accuracy of the 11.22.08 publication of Ordinance No. 23, Series of 2008. -6 V'.' , &A� Matt Mire, Town Attorney Warren Campbell, of Planning t� THE VAIL DAILY 970.949.0555 vaildail IService ORDNANCE NM n 9BES 2UOS Ar OwIM1OE AaTEIOB auras aaafa COOiO1M, rwa Tow aa� To waoFF TTdo wta re Fans WKWAL awwlwcivE E>ew YEi Faff M IJ7lA17, ww fEnwla famb fETwu M IBAlO TIwiEIa. 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Aw.Ao- a aywbdL DUFX)MPCM READ OI FOW FWAOM AMMOVIM. AND CFMMM p4M MMO M IN FTALOI Fi6f WKII B a. 2fi.kdgdOd.bw.lada p'hf■Ib - Ilwsedwadhiydbis Ori a111err TipAgdw.Miw, >•Q<i.r L7•od aWMadrTbl Iblgdl Mdd■Ig'YIAL Cdlmwdd. lfidl.■d O. Cb ­W4 Mq■r Aws U." ll..dd 6 Tww Clbb F.dd.Fad b r rd ody w■ewrwa. 1. PROOF OF PUBLICATION STATE OF COLORADO I SS. COUNTY OF EAGLE I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/22/2008 and that the last publication of said notice was in the issue of said newspaper dated 11/22/2008. In witness whereof has here unto set my and this 1 st day of December, 2008 Publis ener anager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 1 st day of December, 2008. Pamela Joan Schultz QQ' NO%,4 Notary Public My Commission expires: November 1, 2011 F , Number PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/8/2008 and that the last publication of said notice was in the issue of said newspaper dated 11/8/2008. In witness whereof has here unto set my, hand this 18th day of November, 2008 Publishee ra nager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 18th day oNovember, 2008. `L Pamela Joan Schultz Notary Public My Commission expires: November 1, 2011 THE VAIL DAILY 970.949.0555 vaildaily.com ORDINANCE NO. 24 Series of 2008 TOWN OF VAIL, COLORADO, A MUNICIPAL CORPORATION y: MayorSTATE OF)) ss.COUNTY OF) AN ORDINANCE APPROVING A HOLY CROSS UTILITY EASEMENT WITHIN THE TOWN OF VAIL OPEN SPACE LOCATED a foregoing instrument was acknowledged before me this day of , 20 BETWEEN MATTERHORN CIRCLE AND UPPER MATTERHORN CIRCLE; AND SETTING FORTH DETAILS IN REGARD THERE- TO. by as Mayor of the TOWN OF VAIL, COLORADO, a municipal corporation. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly WITNESS my hand and official seal. organized and existing under the laws of the State of Colorado and the Town Charter (the "Cl and My commission expires: WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and Notary Public WHEREAS, the Town Open Space between Matterhorn Circle and upper Matterhorn Circle, as shown in the attached Exhibit A, cur- rently has electrical overhead lines even though a utility easement agreement has never been entered into between the Town and Holy Cross Energy ("Holy Cross'); and EXHIBIT A WHEREAS, at the request and cost of a private homeowner, Holy Cross desires to bury the current overhead electrical lines; and LEGAL DESCRIPTION WHEREAS, the Town desires to dedicate a utility easement for that portion of Open Space ownedby the Town; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to enter into a utility easement agreement with Holy Cross for the Town Open Space between Matterhorn Circle and upper Matterhorn Circle. I NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Council hereby approves and authorizes the Town to enter into the utility easement with Holy Cross, in substantially the same form attached hereto as Exhibit A for illustrative purposes and kept on file in the office of the Town Clerk. 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 4. The Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008, and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Town Mayor ATTEST: Town Clerk Richard Cleveland Lorelei Donaldson HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, TOWN OF VAIL, COLORADO, A MUNICIPAL CORPORATION (hereinafter called "Grantor'), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of reasonable ingress and egress across lands of Grantor, situate in the County of Eagle, State of Colorado, described as follows: A parcel of land located in Section 12, Township 5 South, Range 81 West of the 6th P.M., as more fully described in that deed recorded by Reception No. 195612, in the records of the Eagle County Clerk and Recorders Office, Eagle, Colorado. _. And, to construct, reconstruct, repair, change, enlarge, re -phase, operate, and maintain an underground electric transmission or distri- bution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith,together with associated equipment required above ground, within the above mentioned lands, upon an easement described as follows: An easement containing underground power lines with above ground pad -mounted equipment as constructed, the location of said easement upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. The rights herein granted specifically allow Grantee to install additional underground and/or pad -mounted facilities within theeasement described herein. It shall be the Grantor's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along thepower line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level andfree of improvements, landscaping, and other obstruc- tions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non -opening sides and backs of said transformers and switchgear. Grantor hereby agrees tomaintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified byGrantee. Said corrections will be made at the sole cost and expense of Grantor. Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pilespoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said ad- ditional landscaping or surface improvements caused by exercise of its rights granted by this easement. Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertainingthereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of , 20. The individual signing this Holy Cross Energy Underground Right -of -Way Easement hereby represents that it has full power and author- ity to sign, execute, and deliver this instrument. Saturday, November 8, 2008 C27 A 10.0 FOOT WIDE EASEMENT LYING 5.0 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, LOCATED WITHIN A PART OF NE 'A OF THE SW/, SECTION 12, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6T" P.M., COUNTY OF EAGLE, STATE OF COLORADO, THE SIDES OF SAID EASEMENT LENG'T'HEN OR SHORTEN AT THE BOUNDARIES, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARKSIDE VILLAS - PHASE 11, AS DESCRIBED IN THE OFFICE OF TFIE EAGLE COUNTY CLERK AND RECORDER AT RECEPTION No. 200816850, WHENCE THE SOUTHEAST CORNER OF SAID PARKSIDE VILLAS - PHASE fI BEARS S 84038'26"E A DISTANCE OF 145.56 FEET FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE SOUTH LINE OF SAID PARKSIDE VILLAS -PHASE II S 84°38'26"F. A DISTANCE OF 10.40 FEET TO THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH LINE OF PARKSIDE VILLAS -PHASE 11 THE FOLLOWING SIX (6) COURSES: 1) S 05°16'13" E A DISTANCE OF 7.36 FEET; 2) S 00.31'24" W A DISTANCE OF 26.67 FEET; 3) S 09°14'06" W A DISTANCE OF 28.37 FEET; 4) S 13°29'56" W A DISTANCE OF 24.14 FEET; 5) S 02°43'53" W A DISTANCE OF 16.59 FEET; 6) S 52°37'12" W A DISTANCE OF 11.64 FEET TO THE POINT OF TERMINUS. SAID PARCEL CONTAINING 0.026 ACRES MORE OR LESS. i�0��• HT B/�C eir It p•275�9 J LkNO BRENT BIGGS PLS#27598 FOR AND ON THE BEHALF OF PEAK LAND CONSULTANTS, INC. P:\1600-1699\1633\doc\Exhibit-Holycross Easement.doc r':. /A f-.: ice`: -;1 r: IE:. Published in the Vail Daily November 8, 2008 Published in the Vail Daily November 8, 2008 I acknowledge the accuracy of the 11 X-08 publication of Ordinance No. 24, Series of 2008. Matt Mire, n Attorney i" TG Kassmel, Town Engineer THE VAIL DAILY 970.949.0555 vaildaily.com Saturday, November 8, 2008 C27 ORDINANCE NO. 24 TOWN OF VAIL. COLORADO, A MUNICIPAL CORPORATION Series of 2008 y. MayorSTATE OF)) ss.000NTY OF) AN ORDINANCE APPROVING A HOLY CROSS UTILITY EASEMENT WITHIN THE TOWN OF VAIL OPEN SPACE LOCATED a foregoing instrument was acknowledged before me this day of. 20 BETWEEN MATTERHORN CIRCLE AND UPPER MATTERHORN CIRCLE; AND SETTING FORTH DETAILS IN REGARD THERE" TO. by as Mayor of the TOWN OF VAIL, COLORADO, a municipal corporation. WHEREAS, the Town of Vail (the "Town"). in the County of Eagle and State of Colorado is a home rule municipal corporation duly WITNESS my hand and official seal. organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter•1; and My commission expires: WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected and qualified: and Notary Public WHEREAS. the Town Open Space between Matterhorn Circle and upper Matterhorn Circle, as shown in the attached Exhibit A, cur- enly has electrical overhead lines even though a utility easement agreement has never been entered into between the Town and Holy Cross Energy ("Holy Cross"): and WHEREAS, at the request and cost of a private homeowner, Holy Cross desires to bury the current overhead electrical lines; and WHEREAS, the Town desires to dedicate a utility easement for that portion of Open Space owned by the Town: and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to enter into a utility easement agreement with Holy Crass for the Town Open Space between Matterhorn Circle and upper Matterhorn Circle. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL. COLORADO. THAT: S.aall937..1: The Council hereby approves and authorizes the Town to enter into the utility easement with Holy Crass, In substantially the same form attached hereto as Exhibit A for illustrative purposes and kept on firm the office of the Town Clark. SAc.Re.D.1. If any pad, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be Invalid. such decisionshall 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, 549114.Oy The Council hereby findsdetermines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008, and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, at 6:00 P.M. a the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland Town Mayor ATTEST'. Lorelei Donaldson Town Clerk HOLY CROSS ENERGY UNDERGROUND RIGHT -OF -WAV EASEMENT KNOW ALL MEN BY THESE PRESENTS. that the undersigned. TOWN OF VAIL, COLORADO, A MUNICIPAL CORPORATION (hereinafter called "GranloP), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P, O. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns. The right of reasonable ingress and egress across lands of Grantor, situate in the County of Eagle, State of Colorado. described as follows'. A parcel of land located in Section 12, Township 5 South, Range 8/ West of the 6th P.i as more fully described in that deed recorded by Reception No. 195612. in the records of the Eagle County Clerk and Recordai s Office, Eagle, Colorado, And. to construct, reconstruct, repair, change, enlarge, re -phase, operate, and maintain an underground electric transmission ar distri- bution fine, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewah.togri with ,associated equipment required above ground. within the above mentioned lands, upon an easement described as follows. Aneasement containing underground power lines with above ground pad -mounted equipment as constructed, the location of said eacement upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. The rights herein granted specifically allow Grantee to install additional underground and/or pad -vaunted facilities within theeasement described herein. It shall be the Grantors responsibility to ensure that splice vaults. switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any improvements. landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice switchgear and transformer vaults nor along Ihepower line route between the vaults The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even .'in the Top of the pad 1 he manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors I he ground surface within ten (10) feet of said transformer and switchgear doors shall be flat. level andfree ofimprovements,landscaping, and other obstruc- tions. Improvements landscaping and other objects will be kept a minimum of four (4) feet from non -opening sides and backs of said transformers and sw4chgear. Grantor hereby agrees tomandain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified byGranlee. Said corrections will be made at the sole cost and expense of Grantor, Togethervi the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pilespoils outside said easement during construction and maintenance when such is reasonably necessary for the implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement. the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface improvements added on sad easement after the data of execution hereof will be minimized and that Grantee will not be responsible for damage to said ad - at t onal landscaping or surface Improvements caused by exert se of its rights granted by this easement Grantor agrees that all facilities installed by Grantee on the above described lardsshall remain the property of Grantee, and shall be removable at the option of Grantee Grantor covenants that Iia the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character. except those held by the following: TO HAVE AND TO HOLD, said right-of—y and easement, together with all and singular. the rights and privileges appertainingthereto. unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of , 20 . The individual signing this Hoy Cross Energy Underground Right -of -Way Easement hereby represents that d has full power and author. iV to signexecute. and deliver this instrument. EXHIBIT A LEGAL DIPTION A 10.0 FOOT WIDE EASEMENT LYING 5.0 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CEN 'I'FA DIE, LOCATED WITHIN A PART OF NE% OF THE SW'h, SECTION 12, TOW NSHIP 5 SOUTH, RANGE 81 WEST OF THE bra P.M., COUNTY OF EAGLE, STATE OF COLORADO, THE SIDES OF SAID EASEMENT LENGTHEN OR SHORTEN AT THE BOUNDARIES, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARKSIDE VILLAS - PHASE 11, AS DESCRIBED IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER AT RECEPTION Nu. 200816850, WHENCE THE SOUTHEAST CORNER OF SAID PARKSIDE VILLAS - PHASF. II BEARS S 84"3826"E A DISTANCE OF 145.56 FEET FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE SOUTH LINE OF SAID PARKSIDE VILLAS- PHASE 11 S 84°3826"E A DISTANCE OF 10,40 FEET TO THE TRUE POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH LINE OF PARKSIDE VILLAS - PHASE II THE FOLI OWING SIX (6) COURSES: I )S 05"16'13" E A DISTANCE OF 7.36 FEET; 2) S00.3 W"3124" W A DISTANCE OF 26.67 FEET; 3) S 09" 14'06" W A DISTANCE OF 28.37 FEET; 4) S 132956" W A DISTANCE OF 24.14 FEET; 5) Si W A DISTANCE OF 16.59 FEET; 6) S 52°3T 12" W A DISTANCE OF 11.64 FFFT TO THE POINT OF TERMINUS. SA ID PARCEL CONTAINING 0.026 ACRES MORE OR LESS.c�0^`Clyj� 271 11 ' LANA BRIE T BIGGS PI.S#27598 FOR AND ON THE BEHALF OF PEAK LAND CONSULTANTS, INC. P:\1600-1699\1633\doc\Exhibit-Holycross Easemeni I / If /,./ / Published in the Vail Daily November 8, 2008 I acknowledge the accuracy of the 11.22.08 publication of Ordinance No. 19; Series of 2008. Cqq As -�o �:� — 00ea,-v, ry� Matt Mire, Town Attorney zs om Kassmel, Town Engineer PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/22/2008 and that the last publication of said notice was in the issue of said newspaper dated 11/22/2008. In witness whereof has here unto se hand this 1 st day of December, 2008 Publ' r ., e 1 Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 1 st day of ember, 2008. Pamela Joan Schultz 11�T Notary Public ARY My Commission expires: November 1, 2011 �FOF C24 Saturdav, November 22, 2008 ORDINANCE NO. 24 Series of 2008 AN ORDINANCE APPROVING A HOLY CROSS UTILITY EASEMENT WITHIN THE TOWN OF VAIL OPEN SPACE LOCATED BE- TWEEN MATTERHORN CIRCLE AND UPPER MATTERHORN CIRCLE: 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 duty organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter'); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duty elected and qualified; and WHEREAS, the Town Open Space between Matterhorn Circle and upper Matterhorn Circle, as shown in the attached Exhibit A, currently has electrical overhead lines even though a utility easement agreement has never been entered into between the Town and Holy Cross Energy ("Holy Cross'), and WHEREAS, at the request and cost of a private homeowner, Holy Cross desires to bury the current overhead electrical lines; and WHEREAS, the Town desires to dedicate a utility easement for that portion of Open Space owned by the Town; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to enter Into a utility easement agreement with Holy Cross for the Town Open Space between Matterhorn Circle and upper Matterhorn Circle. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1, The Council hereby approves and authorizes the Town to enter into the utility easement with Holy Cross, in substan- tially the same forth attached hereto as Exhibit A for illustrative purposes and kept on Ole in the office of the Town Clerk. 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 lt 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 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 themol. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008, and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, at 6:00 P.M. In the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this I I th day of November, 2008. Richard Cleveland Town Mayor Attest: Town�Cbrk �"V„ HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, TOWN OF VAIL, COLORADO, A MUNICIPAL CORPORATION (hereinafter called "Grantor'), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Hoy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood Springs. Colorado (hereinafter called "Grantee') and to its successors and assigns, the right of reasonable ingress and egress across lands of Grantor, situate in the County of Eagle, State of Colorado, described as follows: A parcel of land located in Section 12, Township 5 South, Range 81 West of the 6th P.M., as more fully described in that deed recorded by Reception No. 195812, in the records of the Eagle County Clerk and Recorders Office, Eagle, Colorado. And, to construct, reconstruct, repair, change, enlarge, re -phase, operate. and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon an easement described as follows: An easement containing underground power lines with above ground pad -mounted equipment as constructed, the location of said easement upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. The rights herein granted specifically allow Grantee to install additional underground and/or pad -mounted facilities within the easement described herein. It shall be the Grantor's responsibility to ensure that splice vaults, swhchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstruction.. The ground surface grade shall not be shared within ten (10) feet of said splice, switchgear and transformer vaulfs, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vauite shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed In the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface wshin ten (10) feet of said transformer and switchgear doors shall be gat, level and free of Improvements, landscaping, and other obstructions. Improvements, landscaping and what objects will be kept a minimum of four (4) feet from non -opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee Said corrections will be made at the sole cost and expense of Grantor. P within said easement and the right to ire To ether with the night to remove an and ag trees brush vegetation andobstructions 9 9 Y 9g P spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this easement. Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shag be removable at the option of Grantee. Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grandee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day o1 20. The individual signing this Holy Cross Energy Underground Rightof-Way, Easement hereby represents that it has lull power and authority to sign, execute, and deliver this instrument. TOWN OF VAIL, COLORADO, A MUNICIPAL CORPORATION By: Mayor STATE OF) ) ae. COUNTY OF) The foregoing Instrument was acknowledged before me this day of , 20 by as Mayor of the TOWN OF VAIL, COLORADO, a municipal corporation. WITNESS my hand and official seal. My commission expires: Notary Public Address: W10#08-20550:51-49:1berkaide Villas L6 Riser Move:5-20-08 08-20550 TCV JV Revised 91 THE VAIL DAILY 970.949.0555 vaildai EXXIBI ' A --u % nhV[ s21 P 1 If Hn Legals 310. 41 "501 W II a: 1,A 4F.. -TFT T YM 5-0 F? -T UV LL12iLit S11A' '01-1! N' 'CN ,LOtYNC .)Ii RIBEDCL'V'wLtuy_.LocA11:11N'rir-1KAPARTOFNF'r'UFTHESW:,S: I1!0.IJ 1YIW N'u III' ! uk!1TT, RAI,C-E S; YVEST JF T]l1:6 ' Y.AB., L': )L 4'!'Y(*Il r-.A6T.T:, STATE OF n17i1.ni D'J. TH Id Sill L'S UI• NA U ) HAA iT•.KTT..mcurrF.V OR SHORI'EN Al F. 11i 1jL1;11411AN1 IX; S if it i.TiKTFR1.IKE BEIK G AiURL' �'AK_ I C 1,1.:1RLY 17I?SltRi6Fb .A5 FD-LUu'S: L:0.S.NI:yialu➢A'I"Ti?SQS1T7rt\'ESi'iXTRNISItpPY'�RKNII)I'Yll.l.Ati 1'114tir:TT,AS DESr_'R13EDLY 1NhUv1 x'I'tu"rn:•:1i91.1.r.r.CX�T'YCT-F.Rk.aNDJi1'CL)gD-x:�r RI'19YI1(r, io.,MllIiiWRRKCETHGSULIi1L:AFrVi:i(Ir 4-YR)PARMDEVILLAS - PRA.IF. EI BOARS S 041_1ti2e•'1. A DINrANC.1.611ir 115 {6FEErMFLN11K0T1lL IIAti1V4)1, Hh,Uu6i: 1'QR' T I ;. DHRC XTPTKN;. 'I NP:NCF. AT.tI C, rHE SUU'lTfi L LNL• Lv' $Aa r:TH r.SrnT.:'-1.1.AS - Pf ASE Li S 6i'iBitS' L A DWa1K:L 0.• 'Ii N XT TO T11Ti j3L'E PUNT (x -BL;iI WIC EHL'.N(aJ)I:PAR 1114:Xri fuTlrH LINEA PARI.YHA; Y111,1. AA 7rTASRIr THEF'ULLGW1Nt; VT%(Gi COL-ItWS: Q 5 fY5"16'ti:t" h A 111.9'rA Nf'H ( M ).36 FIRli 2i SRtr:r. 'WADISTANCE UF.6.6T1117: 31 5 09" I A'06' Vi zi DI51 •Iglu Or 7111'? TP.ET: 4) F ls",W'9ti' R' A D1STANCL (-U' 24.:4 l'1'i"I', 5.1 S02,43' 33" W A I)lil'Vd:F.OF Iti_49 FELT: (i) 5-!2'3712"WA DIS'1043:LW' IIAlIII- W)TIIEr2TNTUr'TY:1%NL% SAID PARCEL CUN'1'ALNIh(JIIli 4011IR.RMORRORLESS.Ag ' „��•.>...`�., A. Ln'•' 001% AND CN TI - M BEHALF 01' FLAK L.iA:)<X>nSn1.1:YVT5,iKi.. Published in the Vail Daily November 22, 2008. r'ARKS DE `v' L_AS i +lt - �' PARKS-): V I. AS �^ •:I'd l'IF':M 'v. A'Cri1 i._.., ,� I u )f y I TLC a (F1.3: -Ah H- IfhR'Jr a' C I I IfI I N J' I • u —•�Y S: \ I I 1 it "` y'i'a,•'L��f'P'-: r a .t Li ;A'i G5 2lt r. •., •. '4 ' •.'♦ ; :'•: s0"z FC7IIDaT A, - HOLYCI OSS F,ARF.MF:N'C •._ (� �iit I%b, .`,r r:NPLATTEDLAND ' TDaR OF YArT. Published in the Vail Daily November 22, 2008. PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/22/2008 and that the last publication of said notice was in the issue of said newspaper dated 11/22/2008. In witness whereof has here unto y hand this 1 st day of December, 2008 Pu e Gen al Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 1 st day of Dec ber, 2008. � /xr��� 2 Pamela Joan Schultz Notary Public My Commission expires: November 1, 2011 ORDINANCE NO, 25 SERIES OF 2008 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THECOSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 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 2009 fis- cal 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 en- actment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appro- priations for the Town of Vail, Colorado, for its fis- cal year beginning on the first day of January, 2009, and ending on the 31st day of December, 2009: FUND AMOUNT General Fund 31,358,673 Capital Projects Fund - 8.455,355 Real Estate Transfer Tax Fund 9,071.970 Vaii Marketing Fund 295.725 )ebt Service Fund 2,269,275 Jeavy Equipment Fund 3,045,657 Health Insurance Fund 2,847,719 Dispatch Services Fund 2,367,234 Total 59,711,608 Lesslnterfund Transfers (8,672,341) Net Expenditure Budget 51,039,267 3.The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2009 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 pa:;sed 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. �� OTARY �N O • 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 data hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and (� QN I� +F CO reenacted. The repeal of any provision hereby s' all not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7.AII 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. nJi APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 4th day of November, 2008. A public hearing shall be held hereon on the 18th day of November, 2008, 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. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of November, 2008. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Published in the Vail Daily November 22, 2008. (2595819) I acknowledge the accuracy of the 11.22.08 publication of Ordinance No. 25, Series of 2008. Matt Mire, Town Attorney Judy Camp, Finance Director THE VAIL ver CHEVY TAHOE 2000 SOLD! The Auto Photo Ads match sellers with buyers from Summit County to the Western Slope. Available in print and online. Legals C21 ORDINANCE N0.26 D lot S.rvic. Fund 2,269,275 ORDINANCE 20.28 SERIES OF 2008 SERIES OF 2008 He:1 E uI mem Fund 3,045,657 R P Hsakit Insurance Fund 2,867,719 N ORDINANCE PROVIDING FOR THE LEVY ANNUAL APPROPRIATION ORDINANCE: Dispatch Services Fund 2,367,234 59,711,608 SESSMENT AND COLLECTION OF TO WN 3.The Town Council hereby finds, determines, and de res that thio ordineny ADOPTING A BUDGET AND FINANCIAL MAKING APPROPRIATIOf� TO PAY Total reenacted. The repeal of any provision hereby or any ordinance VALOREM PROPERTY TAXES DUE FOR TH TAX YEAR AND PAYABLE IN THE h nd welfare of the gown PLAN AND THE COSTS, EXPENSES, AND LIABILRIES OF Lees Intedund Trenslers (8,672,341) $1,039,261 shall not reviveppanyy provision or superseded unless 2008 FISCAL YEAR. of Vallnd and the tribe thereof. orthe repeal entl reenactment of ny THE TOWN OF VAIL, COLORADO, FOR ITS Net EzpendBura Budget ezpressty stetraheremd q,The repeal all provision of the Municipal Code of the Town of Vad FISCAL YEAR JANUARY 1, 2008 THROUGH 3.The Town Couhereby ',,,d,- is the full end for the Town C to ss DECEMBER 31, 2008 complete Budgets andncil n and thereol,tlncbnsiat Int�herewah are repealed �ovide tosthe levy, eeement nd collection) of nshtrwh ch hasteccry accrued, any duhalmposed an g ttyyhh yy WHEREAS, in accordance with Article IX of the EAS fiscal year for he Town ofnVColorardoewhich by madeds or plans ln onbeit gev6ae the 2008 heaelof, nytprosecutbn aommenced�fnor�eny oth- Charter Town of Vail. Colorado, the Town [o the Town are Incorporated referent ublic recorof hereof, end copies p shall repealer aof notlbe conatrved to any bylaw, yg�ar end pvayleble in the 200 cal year�r. NOW, THEREFORE, be it or d by the Town or action or proceedings as commenced under or Menager prepared and submitted long-rangge capdel program for ppart be made available to the public in the Municipal rder, resolution, or ordinance, or pan thereof. Council of the Town of Vail, Colors that: by virtue of the provision repealed or repealed and hereby Council a proposed the Town end a proposed budget and financial plan t. Building of the Town. This Ordinance shall take following the theretofore repealed. 1.For the puryose of .etr�yin9 part a operat- Colo- reenacted. The repeal of any provision shall not rev'rvs any provision or any ordinance pre• for ell Town funds and ac fv for the fiscal year', effect five (6) days after publication hereof. INTRODUCED, READ ON FIRST READING, ing end cepnal expan.. of the Town of fiscyaI the Town cit viouely repealed or superseded unless expressly and final passage APPROVED AND ORDERED PUBLISHED OpNCE redo, during its 2p009 year, .PartPotal lases stated for the Town Council to sentence cla...n 4.If any pan, section, subsector rltn Lshell I8th day lof each dollahe rob rs of the edo.79a u�latlon o bylaws, orresolutions, and ordinances, WHEREAS, b is necessary adopt a budget end financial plan for the 2008 tis- areason hel.to or phrase of this ordinance yor haeIN be held hereonmonrth. November, 2008, e1 6:00 pm at the regular meeting of I he tax ante SBo 8ert89withinothe art only of such s thereof, inconsistent � n o�nai tansy. cal year, to make appropriallona for the amounts I be invalid, such decision shall not affect the validity and the of the Town Council of the Town of Vail, Colorado, TowOe which will rolauef Props fdlowa: pea to the extent This re ler shall not be construed to revise any apecrfior the budget; and of the remaining portions of this ordinance; Town Council hereby declares it would have in the Municipal Building of the Town. 9 tax levy of 54,673,172 calculated ae bylaw, or , resolution, or ordinance, or part NOW, THEREFORE, be it ordained by the Town passed this ordinance, and each part, section. Dick Cleveland, Mayor Base mill levy 4.690 $4213,646 thereof, there re repealed. Council of the Town of Veil, Colorado, that: subsection, sentence, clause or phrase thereof, the fact that any one or more parts, Abatement levy .289 258,726 54,473,172 INTRODUCED, R ON FIRST READING, AP- regardless of sentences, clauses or ATTEST: Total mill levy 4.979 PROVED AND ORD D PUBLISHED ONCE IN t.The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the an- sections, subsections, phrases be declared invalid. Donaldson, Town Clerk Said assessment shall be duly made by the Coun- FULL, this 1l th day of m1 , 2M. o t public be held of, t 8 P.M. on the 2nd actmenl hereof, have been hithiled. determines, end Lorelei ty of Eagle, Stet. of Colorado, es directed by the hearing shell day of December, 2008, at th ular meeting of S.The Town Council hereby finds, is neceBeary end READ AND APPROVED ON SECOND READINGir-d C loredo Revised Statutes (1973 as emend.), the Town Council of the Town of il, Colorado, in 2.Pursuant to Article IX of the Charter. the Town declares that this ordinance for the health, safety, end welfare of the AND ORDERED PUBLISHED IN FULL this 16th 2 H a olert sactlonusubsectlon, sentence, Clause the Municipal Building of the Town. Council hereby makes the following annual eppro- for the Town of Veil, Colorado, for its tis- proper Town of Vail and the inhabasnts thereof, day of November, 2008, or phrase of this ordinance u for any raise held to priations Pat year beginning on the first day of January, Dick Cleveland, Mayor be in a id, such decision shall not eXeq the velidi• Dick Cleveland, Mayor 2009, and ending on the 31st day of December, ..The repeal or the repeal and reenactment of any the Municipal Cde of the Town of Veil ty of the remaining portions of Ibis ordinance; and hereby declares it would have ATTEST: 2008: provision of as provided in this ordinance shall not affect any ATTEST. the Town Council this ordinance, and each pert, section, aub- FUND AMOUNT right which has accrued, any duty imp�osed, any Lorelei Donaldson, Town Clerk passed .action, sentence, clause or phrase IhereofI re- Lorelei Donaldson, Town Clerk General Fund 31,358,673 violation that occurred prior to the effective date hereof, any commenced, nor any other gerdleas of the fact that any one or more part., clauses or Published In the Vail Deity November 22, 2 008. Capkal Projects Fund 8,455,355 Tats Fund 9,071,970 prosecution action or proceedings as commenced under or by Published in the Veil Daily November 22, 2008. .ctio258591 Phrases be declared invalidentences, 9) Real Estate Transfer Vail Marketing Fund 295,725 virtue of the provision repealed or repealed and (2595819) THE VAIL DAILY 970.949.0555 vaildaily.com Saturday, November 22, 2008 1 M _ L "III. �., 4 '�"M.�SN�.:.'.'G".2•� v a IIIfl�a� III w . — � III I II IIS ^i .� d ,�.I IHI�IIu,�li�Iilll��lm� BI}65Q'�I� Mwi z I h' CHE TAHOE 2000 IN ry i �� e, riA M•,a�� I IIS y..�l r Sa I 1 �1 The Auto Photo Ads match sellers with buyers from Summit County to the Western Slope. Available in print and online. ORDINANCE N0.25 Debt Service Fund SERIES OF 2005 Hes Equ ont Fund Hedtlnsurance Fund ANNUAL APPROPRIATION ORDINANCE: Dispatch Services Fund ADOPTING A BUDGET AND FINANCIAL Total PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILfT1E8 OF Lose Intedund Transfers d' Bud t Legls 2,269,275 ,j ORDINANCE NO.28 3,045,657 SERIES OF 2006 2,847,719 ,O 2,3$7,234 �,/ AN ORDINANCE PROVIDING FOR THE LEVY 59,711,608 ASSESSMENT AND COLLECTION OF TOWN 3.The Town Council hereby finds, determines, and reenacted. The re I of any provision hereby AD VALOREM PROPERTY TAXES DUE FOR declares that this ordinance is necessary and ((8,672,341)) shell not re yy provision or any ordinance THE 2008 TAX YEAR AND PAYABLE IN THE proper for the health, safety, and welfare of the THE TOWN OF VAIL, COLORADO, FOR ITS Net Expen tiara u go b1, 039,267 previous)y Dealed or superseded unless 2009 FISCAL YEAR. Town of Vail and the inhabitants thereof. FISCAL YEAR JANUARY 1, 2009 THROUGH expressly.e[etedharein. 4.The repeal or the repeal and reenactment of Van DECEMBER 81, 2009 3.The Town Council hereby adopts the full and / provision of the Municipal Code d the Town d Va I complete Budget and Financial Plan for the 2009 7 bylaws, orders, resolutions, and ordinances, WHEREAS, it ie necessary for the Town Council to ac provided in this ordinance shall not affect any WHEREAS, in accordance with Article IX of the fiscal year for the Town of Veil, Colorado, which /Dr parts thereof, Inconsistent herewith are repealed provide for the levy, assessment and collection of rigght which has accrued, any duty imposed, any yr Charter of the Town of Vail, Colorado, the Town ere incorporated by reference herein and mAdd to the extent only of such inconsistency. This Town ad valorem property taxes due for the 2008 olation that occurred prior to the effective date Manager prepared and submitted to the Town part hereof, end copies of said pubfic record all repealer shall not be construed to revise any bylaw, year end pa able in the 2009 fiscal year. hereof, any prosecution commenced, nor any oth- Councll a proposed long-range capital program for be made available to the public in the 'hicipal order, resolution, or ordinance, or part thereof, NOW, THEREFORE, be it ordained by the Town or action or proceedings rise commenced under or the Town and a proposed budget end financial plan Building of the Town. This Ordinan shall take theretofore repealed. Council of the Town of Vail, Colorado, that: by virtue of the provision repealed or repealed and for ell Town funtls and activities for the fiscal year; effect irve (5) days after publicat ollowing the 1.For the purpose of defrayying fart of the operat• reenacted. The repeal of any provision hereby and final passage hereof. INTRODUCED, READ ON FIRST READING, ing end.. dide�cpenses olthe Townof Vail, Colo- shall not revive any provision or any loss ncepre- APPROVED AND ORDERED PUBLISHED ONCE redo, during its, 2009 fiscal year, the Town Council viously repealed or superseded unless expressly WHEREAS, it ie necessary for the Town Council Io 4,If any part, section, s action, sentence, clause IN FULL, this 4th da of November, 2008. A public herebylevies a vro any tax of 4.979 mill. upon stated herein. adopt a budget and financial plan for the 20091ie- or phrase of this ord ce is for any reason held to hearing shell be held hereon on the 18th day of each ollar of the Potal assessed valuetlon of S.AII bylaws, orders, resolutions, and ordinances, cal year, to make approprietione for the amounts be invalid, such sign shall not affect the validity November, 2008, et 6:00 pm at the regular meeting $898,389,440 for the 2008 fir of all taxable or parte Thereof, inconsistent herewith are re- .pec�fied to the budget; and of the remai portions of this ordinance; end the of the Town Council of the Town of Veil, Colorado, property within the Town, which will result in a pBaled to the .Ment only of such inconsistency. Town C ci hereby declares it would have in the Municipal Building of the Town. gross tax levy of $4,473,172 calculated as follows: This repealer shall not be construed to revise any NOW, THEREFORE, be it ordained by the Town pass ie ordinance. and each part, section, bylaw, order, re.olulion, or ordinance, or part Council of the Town of Veil, Colorado, that: a ction, sentence, clause or phrase thereof, Dick Cleveland, Mayor Bese mil levy 4.690 54,213.446 thereof, theretofore repealed. go dl..a of the fact that any one or mors parts, Abatement kvy .288 259,726 1.The procedures prescribed in Article IX oft sections, subsections, sentence., clauses or ATTEST: Total mill levy 4.979 $ 4,473,172 INTRODUCED, READ ON FIRST READING, AP - Charter of the Town of Vail, Colorado, for th phrases be declared invalid. PROVED AND ORDERED PUBLISHED ONCE IN ailment hereof, have been fulfilled. Lorelei Donaldson, Town Clerk Said assessment shall be duly made by the Coun- FULL, this 18th day of November, 2008. A public ,.The Town Council hereby Finds, determines, and ty of Eagle, State of Colorado, as directed by the hearing shall be held hereon at 6 P.M. on the 2nd 2.Pursunnt to Article IX of the Ch r, the Town declare. that thio ordinance is necessary and READ AND APPROVED ON SECOND READING Colorado Revised Statutes (1973 as amended), day of December, 2008, at the r"t, meeting of Council hereby makes the folio nnual aggro- proper for the health, safety, and welfare of the AND ORDERED PUBLISHED IN FULL this 18th and as otherwise required by law. the Town Council of the Town of Sail, Colorado, in prietions for the Town of Va' oloredo, for Its lis- Town of Vail and the inhabitants thereof. day of November, 2008. 2.9 any pert, section, subsection, sentence, clause the Municipal Building of the Town. cal year beginning on ,at day of January, or phrase of this ordinance is for any reason held to 2009, and ending on a 31st day of December, 6,The repeal or the repeal and reenactment of any Dick Cleveland, Mayor be invalid, such decision shell not affect the validi- Dick Cleveland, Mayor 2009; provision of the Municipal Code of the Town of Vail ty of the remaining portions of this ordinance; and as provided in this ordinance shall not affect any ATTEST: the Town Council hereby declares it would have ATTEST: FUND AMOUNT right which has accrued, any duty imposed, any passed this ordinance, and each pen, section, sub- Generef d 31,358,673 violation that occurred prior to the effective date Lorelei Doneldeon, Town Clerk aecti,,n, sentence, cleu.a or phrase thereof, re- Lorelei Donaldson, Town Clerk Capitol Projects Fund 8,455,355 hereof, any prosecution commenced, nor any other gardleso of the fact that any one or more parte, Real Eetata Transfer Tax Fund 9,071,970 action or proceedings as commenced under or by Published in the Vail Daily November 22, 2008. sections, subsections, sentences, clauses or Published in the Vail Deity November 22, 2008. Vail Marketing Fund 295,725 virtue of the provision repealed or repealed and (2595819) phrases be declared invalid. (2595919) I acknowledge the accuracy of the 11. 11.08 publication of Ordinance No. 25, Series of 2008. Matt Mire, �n Attorney 1 nance C26 2008 ORDINANCE NO. 26 SERIES OF 2008 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, 2009 THROUGH DECEM- BER 31, 2009 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Councd .Pr oposed long-range cape., program for the Town and a proposed budget end iinanctal plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for Town Council to adopt a budget and financial plan for the 2009 fis- cal year, to make appropriauons for the amounts specified in the budget: and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: t.The procedures prescribed in Anicle IX of the Charter of the Town of Vail, Colorado. for the on. actment hereof, have been fulfilled. 2.Pursuant to Article IX of the Charter, the Town Council hereby makes The following annual app. priations for the Town of Veil, Colorado, for Its its - cat year beginning on the first day of January, 2008, and ending on the 31st day of December, 2009: FUND AMOUNT General Fund 31.358,673 Capital Projects Fund 8,455,355 Real Estate Transfer Tax Fund 9,071,870 Vail Marketing Fund 295,7.6 Debt Service Fund 2.269,275 Ha.1vy Equipment Fund 3,045,65/ Hesith Insurance Fund 2,847,719 Dispatch Services Fund 2,367,234 Total 69,711,608 LBetLi ledund Transfer._.....__......._.1S672.34ll Nei Expenditure Budget 51,D39267 37he Town Council hereby adoppts the full and complete Budget and Financial Plan for the 2009 uncal year for the Town of Vail, Colorado, which ere incorporated by reference herein and made pen hereof, and copies of said public records shell be made .va,Joble to the public in the Municipal Buildmg of the Town. This Ordnance sha11 take effect five (5) daysafter publication following the final p .... go hereof. 4.11 any part, eechon, aubsectiun, sonlenca, clause or phrase o1 [his 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 phra.e thereof. ,,gardleea of tho tact that any ono or more parts, .action., aubseci ions, sentences, clauses or phrases be declared invalid. $.Th• Town Council hereby finds, determine., 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.Therepeal or the repeal and reenactment of any prowaon of In. Municipal Code of the Town of V.1 .s providetl In this ordinance shall not affect any it hl which has accrued, any duty imposed, any violation that occurrad prior to the effective date hereof, any prosecution commenced. nor any other action or proceedings as commenced under or by virtue of theprovision repealed or repealed and reenacted. Tire repeal of any provision hereby shall not revive an provision or any ordinance previously repealed or superseded unless ORDINANCE NO. 26 Serle of 2008 SixF saly stated herein. 7.A11 bylaws, orders, resolutions. and ordinance., or part. thereof, me T'noent herewith are mpesled to the extent only pl Such inconsistency. This repealer shall not be construed to rovise any bylaw, order, reaolutlon, or ordinance, or part thereof, theraloforse repealed. INTRODUCED READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 4th day of November, 2008. A public hearing shell be haltl hereon on the 18th day of November, 2008, 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. Dick Cleveland, Mayor ATTEST. Lorelei Donaldson, Town C ark Published in the Vail Daily November 8, 2008. (2520707) AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12. ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL A, A RESUBDIVISION OF TRACT D, VAIL DAB SC HONE FIRST FILING, FROM COMMERCIAL CORE 3 (CC3) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter S. Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ('Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unari moue recommendation of approval of the proposed amendment to the "Zoning Map* to the Vail Town Council in accordance with the onions and findings outlined in Section 12.3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS. the Vail Town Council finds the proposed amendment to the "Zoning Map" Is consistent with the adopted goals, objec. flies and Policies outlined in the Vail Comprehensive Plan. the Veil Land Use Plan and is compatible will,the development objec. lives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the healthsafety, morals, and general wel- fare et fare of the Town and promotes the coordinated and harmonious development of the Town In a manner that conserves and enhances its natural environment and its established chewer 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. Zoning Map Amentlmont: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Veil is hereby amended as follows: Parcel A, a re -subdivision of Tract D, Vail Des Schon. 1 st Filing, shall be rezoned from Commercial Core 3 (CC3) district to General Use (GU) district. as illustrated on Exhibit A abashed hereto, Section 2. If any pad 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 tact that any no or more pans. sections, Subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Secifon 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 vinue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. ORDINANCE NO. 27 Serle. of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL B, A RE -SUBDIVISION OF TRACT D, VAIL DAS SCHONE FIRST FILING, FROM TWO-FAMILY PRIMARY/SECONDARY (P/S) DISTRICT TO HOUSING (H) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Veil Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 123.7 of the Zoning Regulations of the Vail Town God.; and WHEREAS, on October 27. 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a recommendation (6-1.0) of approval of the proposed amendment to the "Zoning Madrid the Vail Town Council In accordance with me criteria and findings outlined in Section 12-3.7 of the Zoning Regulations of the Town of Vail, and WHEREAS, the Vail Town Council finds the proposed amendment to the'2oning Mai is consistent with the adopted goals, objectives .rid policies outlined in the Vnil Comprehensive Plan, the Vail Land Use Plan and is compatible with the development objectives of the Town, and WHEREAS, the Vail Town Council find. the amendment to the "Zoning Map' is compatible will, and suitable to adjacent uses and appropriate for the surrounding areae; and WHEREAS, the Vail Town Council finds the amendment to the'Zonmg Map' promotes the health, safety, morals, and general wel- fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances Its natural environment and its established character as a resod and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT THE VAIL D�AIL�Y9_770-99{490.�JSSS We are faced with a substantial pile of "stuff' that we may not want or need anymore. Rather than have it all end up in the landfill, there are a few things that we can do to help the environment. Paint and Other Chemicals: • Gather old cans of paint and other chemicals • Drop them off at a hazardous waste depot. They will reclaim what they can and responsibly dispose of what they can't. 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 pan thereof, thereto- fore repealed. INTRODUCED. READ ON FIRST READING APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November. 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Exhibit A Published In the Vail Daily November 8. 2008. Section S. All bylaws, orders. resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall act be construed to revise any bylaw, order, resolution or ordinance, or pan thereof, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November. 2008, in the Council Chambers of the Vail Municipsl Building, Vail, Colorado, Richard 0. Cleveland. Mayor Attest: Lorelei Donaldson, Town Clerk L xhib'a A Chamonix Development Properties: Proposed Zoning am, nil, nom r.ofn,rb PiMneyle.emeeva.eaewa Pelbaeuln. M1 pmhnom Cwmmrici. Caro ] Itt]I m ernx4 u.o 1pN nm o:� w e.,:.,idw w,m,.inu ro.'rrio rs.m,,.nsi rr Number PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/8/2008 and that the last publication of said notice was in the issue of said newspaper dated 11/8/2008. In witness whereof has here unto set my nd this 18th day of November, 2008 A. Publishe en al a ager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 18th day of November, 2008. Pamela Joan Schultz Notary Public My Commission expires: November 1, 2011 J. st NpTARY N 2 N Q CLIC Q. ���FOP COvs�'�'�� ORDINANCE NO. 26 Series of 2008 111W.M ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL A, A RE -SUBDIVISION OF TRACT D, VAIL DAS SCHONE FIRST FILING, FROM COMMERCIAL CORE 3 (CC3) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. _ WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning _ Map of the Town of Vail (`Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unani- mous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objec- tives and policies outlined in the Vail Comprehensive Plan, the Vail Land Use Plan and is compatible with the development objec- tives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general wel- fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: FIFParcel A, a re -subdivision of Tract D, Vail Das Schone 1st Filing, shall be rezoned from Commercial Core 3 (CC3) district to General Use (GU) district, as illustrated on Exhibit A attached hereto. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repeal such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,A- fore repealed. A INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULLOF 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Exhibit in the Vail Daily November 8, 2008. I acknowledge the accuracy of the 11. 11.08 publication of Ordinance No. 26, Series of 2008. Matt Mire, own Attorney Warren Campbell, Chief of Planning C26 S"aturA&Il, November 8, 2008 ORDINANCE NO 25 HaavVyy Equipment Fund 3,045,667 expressly staled herein. SERIES OF 2006 He OR Insurance Fund Diep.tch Services Fund 2,847,719 2,367,234 7. ll bylaws, orders, resolutions. and ordinances or parts thereof, inconsistent herewith era repealed ANNUAL APPROPRIATION ORDINANCE: Ilnal passage hereof. ATTEST, to the extant only , ouch inconsislancy. This ADOPTING A BUDGET AND FINANCIAL PLAN Total 69,711,608 repealer shall nal be conatrued to revise any bylaw, AND MAKING APPROPRIATIONS TO PAY THE of the remaining portions of this ordinance; and the Town Council hereby declares it would have Published in the Vail Daily November 8, 2008, (2520707) order, resolution, or ordinance, or part thereof. COSTS, EXPENSES, AND LIABILITIES OF THE I,OAJDledund Transfers 18.672.3411 lherelofor. repealed. TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2009 THROUGH DECEM- Nal Expen Expenditure Budget 51.039,267 INTRODUCED. READ ON FIRST READING, BER 31. 2009 APPROVED AND ORDERED PUBLISHED ONCE WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, fhe 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 2009 fis- cal year, to make appropriations for the amounts ape cdnd In the budget: and NOW, THEREFORE, be it ordained by the Town Council of the Town of Veil, Colorado, that: 1.The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the an. actment hereof, have been fuffilled. 2.Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual eppro• priations for the Town of Vail, Colorado, for its fis• at year beginning on the first day of January, 2009, and ending on the 31st day of December, 2009: FUND AMOUNT General Fund 31,358,673 Capital Projects Fund 8.455,355 Real Estate Transfer Tax Fund0,071.070 Vail Marketing Fund 295,725 Debt Service Fund 2.269,275 3.The Town Council hereby adopts the full and IN FULL, this 4th day of November, 2008, A ubim Budget Financial Plan for the 2009 hearing shall be held hereon on the 18th day of complete and fiscal year for the Town of Veil, Colorado, which Nov.mber, 2008, at 8:00 pm at the regular meeting are incorporated by reference herein and made of lite Town Council of the Town of Vail. Colofad0, part hereof, and copies oI said public records ahall be made available to the public In the Municipal in the Municipal Building of the Town, Building of the Town. This Ordinance shall lake effect live 15) days after publication following Ino Dick Cleveland, Mayor Ilnal passage hereof. ATTEST, 4.11 any parl, aaction, aubaectim sentence, clause or phrase of this ordinance fit fur any reason held to Lorelei Donaldson. Town Clerk be Invalid, such decision shall not affect lite vakdity of the remaining portions of this ordinance; and the Town Council hereby declares it would have Published in the Vail Daily November 8, 2008, (2520707) passed art. section, subsection sentence. clause or pordinanci, and each hrase thereof. regardless of the lett that any one or more parts, eeLllon., aubae cllon8. dart t enc ea. Ll au... or phrases be declared invalid. 5. The Town Council hereby finds, determines, and declare. that this ordinance is necessary and Proper for the health, safety, end wellere of the Town of Vail and the inhabitants Iherec1. 6,The repeal or the repeal and reenactment of any proweion of the Mu0lC,paI Code of the Town of Vail] as provided in this ordinance shall not affect any r! III which has accrued, any duty imposed, any violation Ihaloccurred prior to the III ac five dale hereof, any prosecution commenced. nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed end reenacted. The repeal of any provision hereby shall not revive any provision or any ordfnance previously repealed or sup.r,edad nI... ORDINANCE N0.26 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL A, A RE -SUBDIVISION OF TRACT D. VAIL GAS SC HONE FIRST FILING, FROM COMMERCIAL CORE 3 (CC3) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 6, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12.3.1 through 12-3.7 of the Zoning Regulations of the Vail Town Code, and WHEREAS, on October 27. 2008, the Planning and Environmental Commission of the Town o1 Vail reviewed and forwarded a unani- mous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria andfindings outlined in Section 12.3.7 of the Zoning Regulation. of the Town of Vail; and WHEREAS. the Vail Town Council finds the proposed amendment to the "Zoning Map' is consistent with the adopted goals, objec- tives and policies outlined in the Vail Comprehensive Plan, the Vail Land Use Plan and is compatible with the development objec- tives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Veil Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general wel- fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL. COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: Parcel A, a resubdivision of Tract D, Vail Gas Schone 1 at Filing shall be rezoned from Commercial Core 3 (CC3) district to General U..GU) district. as illustrated on Exhibit A attached hereto. Section 2. If any pen, section, subsection, sentence, clause or phrase of this ordinance Is for any reason held to be invalid, such decision ah all not effect the validity of the remaining ponfons of this ordinance: and the Town Council hereby declares n would have passed this ordinance, and each part, aaction, subsection, sentence, clause or phrase thereofregardless of the fact that any one or more parts. sections, subsections, sentences, clauses or phrases be declared Invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health. safety and welfare of the Town of Veil and the inhabitants thereof. Seetlon 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 repeated or superseded unless expressly stated herein. ORDINANCE NO. 27 Series o12008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL B, A RE -SUBDIVISION OF TRACT D. VAIL DAS SCHONE FIRST FILING, FROM TWO-FAMILY PRIMARYISECONDARY (P/S) DISTRICT TO HOUSING (H) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map. of the Vail Town Code establishes the procedure. for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Mep"); and WHEREAS, the proposed amendment to the'Zoning Map- has been reviewed in accordance with the prescribed requirements outlined in Section, 1231 through 12.3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a recommendation (6-1.0) of approval or the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 1237 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the'Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Land Use Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the -Zoning Mop" is compatible with and suitable to adjacent uses and appropriate for the surrounding areae; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safely, morels, end general wet• fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL. COLORADO, THAT THE VAIL DAILY 970.949.0555 Gree>rt Liui>ng Tip: R _1cfish, We are faced with a substantial pile of "stuff' that we may not want or need anymore. Rather than have it all end up in the landfill, there are a few things that we can do to help the environment. Paint and Other Chemicals: • Gather old cans of paint and other chemicals • Drop them off at a hazardous waste depot. They will reclaim what they can and responsibly dispose of what they can't. Section e. 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, thereto - fon repealed. INTRODUCED, READ ON FIRST READING, APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November. 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. -11.1. ­ --- ,,.,rte, Attest: Lorelei Donaldson, Town Clerk Exhibit A Published In the Vail Daily November 8. 2008. 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, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 181 day of November. 2008. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland. Mayor Attest: Lorelei Donaldson, Town Clerk Exhibit A PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/22/2008 and that the last publication of said notice was in the issue of said newspaper dated 11/22/2008. In witness whereof has here unto y hand this 1 st day of December, 2008 Pu 1 Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 1 st day of Dber, 2008. P la Joan Schultz 4, J. SCti Notary Public My Commission expires: November 1, 2011 �Wrc.z:�• * J °Fco�o�:,��� THE VAIL DAILY 970.949.0555 vaildaily.com ORDINANCE NO. 26 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL A, A RE -SUBDIVISION OF TRACT D, VAIL DAS SCHONE FIRST FILING, FROM COMMERCIAL CORE 3 (CC3) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unani- mous recommendation of approval of the proposed amendment to the "Zoning Map' to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objec- tives and policies outlined in the Vail Comprehensive Plan, the Vail Land Use Plan and is compatible with the development objec- tives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map' is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map' promotes the health, safety, morals, and general wel- fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: Parcel A, a re -subdivision of Tract D, Vail Das Schone 1 st Filing, shall be rezoned from Commercial Core 3 (CC3) district to General Use (GU) district, as illustrated on Exhibit A attached hereto. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of November, 2008. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Published in the Vail Daily November 22, 2008. Saturday, November 22, 2008 C25 . v r ' I acknowledge the accuracy of the 11.22.08 publication of Ordinance No. 26, Series of 2008. Mux Matt Mire, Town A rn Warren Campbell, Chief of Planning THE VAIL DAILY 970.949.0555 vaildai ORDINANCE NO. 26 Series of 2008 AN ORDINANCE AMEND I NO THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 6, ZONING MAP; REZONING PARCEL A, A RE -SUBDIVISION OF TRACT D, VAIL GAS SCHONE FIRST FILING, FROM COMMERCIAL CORE 3 (CC3) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 6, Zoning Map, of the Vail Town Cede establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"): and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined In Sections 12-3.1 through 123.7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a ur i• mendelian of approval of the proposed amendment to the Zcning Map to the Vail Town Council in accordance with the criteria and findings outlined in Section 123.7 of the Zoning Regulations of the Town of Veil; and WHEREAS, the Vail Town Council finds the proposed amendment to the Zoning Map" is consistent with the adopted goals, objec- tives and policies outlined in the Vail Comprehensive Plan, the Vail Land Use Plan and is compatible with the development objeo- lives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areae; and WHEREAS, the Veil Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general wel- fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conservea 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: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: Parcel A, a re -subdivision of Tract D, Vail Dee Schone 1st Filing, shall be rezoned from Commercial Con 3 (CC3) district to General Use (GUI district, as illustrated on Exhibit A attached hereto. Section 2 If any pan, section, subsection, sentence, clause or phrase of this ordinance Is for any mason 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 pan, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance Is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any ether 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 pan thereof, themto" fon repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clark INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 1Mh day of November, 2009. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clark Published in the Vail Daily November 22, 2008. ORDINANCE NO. 27 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL B, A RE -SUBDIVISION OF TRACT D, VAIL DAB SCHONE FIRST FILING, FROM TWO-FAMILY PRIMARY/SECONDARY INS) DISTRICT TO HOUSING (H) DISTRICT, AND SET- TING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Ni has been reviewed In accordance with the prescribed requirements outlined in Sections 12-3-1 through 12.3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a recom- menciatlon (6-1-0) of approval of the proposed amendment to the "Zoning Map" to the VeII Town Council In accordance with the criteria and findings outlined In Section 12.3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Veil Town Council finds the proposed amendment to the "Zoning Map" Is consistent with the adopted goals, objec- ;Nes and policies outlined In the Vail Comprehensive Plan, the Vail Land Use Plan and Is compatible with the development objec- tives of the Town; and WHEREAS, the Val] Town Council finds the amendment to the "Zoning Map' Is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general wel- fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances Its natural environment and Its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendmardo The purpose of this Ordinance Is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: Parcel B, a re -subdivision of Tract D, Vail Das Schone 1st Filing, shall be rezoned from Two -Family Primary/Secondary (PS) district to Housing (H) district, as Illustrated on Exhibit A attached hereto. Section 2, If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be Invalid, such decision shell 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 tact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared Invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided In this ordinance shall not affect any right which has accrued, any duty Imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 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, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, In the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest. Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of November, 2008. Richard D. Cleveland, Mayor Attest. Lorelei Donaldson, Town Clerk Published in the Vail Deily Novemer 22, 2008. November 22, 2008 C25 Chamonix Development Properties: Proposed Zoning Chamonix property from Twofamily Primi ryiSecondary Residential (PS) to Housing IHI Wendy's property from Commercial Core 3 (CC3) to General Use (GU) Chamonix Property: Parcel B. rimubdiwsion of Tract D. Vail Das Schone Piling 1 Wardp's Propeay: Parcel A. re-subdiyivon of Tract D. Vail Das Scholl t Air:q40 2Jk Zx9 Ala Z£9 :016 A:! Ir Chamonix Development Properties: Proposed Zoning AW O m rix proper ytom Two-FamilyPrioarylSecondryResiddal (PSI to Housing (HI Wendy'spropertyfromCommerld9Co 3(CC3)toGomelUse(134 CNalimi Piolin: Parch B. mub6dsion of TRdQ V71 Das $shone fillip 1 W■dy'sPfapaq; PuallfL Irsll6didaian dTRaQVag Das Shc■eFiip 1 Ifd f , , mrn7e. rvprV 1 +.w,uW. ', � poi' ins ,,, y ■..� v ■ v Q, .r Irdt Madbi OtW21,22 larraaeeYlearrMwanaRrewsatraleew 1rYNraerahrva•1RleeraMlNe lm neagheWalrr 7. ■ Exhibit A Chamonix Development Properties: Proposed Zoning O m rix proper ytom Two-FamilyPrioarylSecondryResiddal (PSI to Housing (HI Wendy'spropertyfromCommerld9Co 3(CC3)toGomelUse(134 CNalimi Piolin: Parch B. mub6dsion of TRdQ V71 Das $shone fillip 1 W■dy'sPfapaq; PuallfL Irsll6didaian dTRaQVag Das Shc■eFiip 1 Ifd ,v u 29 17anrmlaRapegi ..sxa..ti. a .. ■ e ■ ■ Q ldai (d9aa,a6a a..arw>r�araare�.ae.,rseww.eR ,'. wrMsd�w a.: Number PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/8/2008 and that the last publication of said notice was in the issue of said newspaper dated 11/8/2008. In witness whereof has here unto set my hand this 18th day of November, 2008 VIA - Publisher/ ne 1 a er/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 18th day of November, 2008. ,✓� 1 SC Pamela Joan Schultz V a NOTARY �N Notary Public O :. My Commission expires: November 1, 2011 ���� PUB QQO sig OF CO�-0� �`� ORDINANCE NO. 27 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL B, A RE -SUBDIVISION OF TRACT D, VAIL DAS SCHONE FIRST FILING, FROM TWO-FAMILY PRIMARY/SECONDARY (P!s) DISTRICT TO HOUSING (H) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map); and WHEREAS, the proposed amendment to the 'Zoning Map" has been reviewed in accordance with the prescribed requirements ougined in Sections 12-3-1 through 12-3,7 of the Zoning Regulations of tho Vad ao ria Dd n of Vail reviewed and forwarded a F AS, on October 27, 2008, the Planning and Errnronmental COmmis9ktrl endation (6 -1 -%of approval of the proposed amendment to the "toning kAep" to the Vail Town Council in accordancew�ria and f iimilings.okAn6d in Section 123.7 of fine Zoning Regulations of the Tovm ofis Vag', and with the adopted goofs, 'WHEREAS, the (/ail Town Council fords the proposed amendment to the "ZOnMg Map° objectives and policies outlined inthe Vail Comprehensive Plan, the Vail Land Use Plan and is compatible with the development objectives of the Town: and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map' is compatible with and suitable to adjacent use and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general wel- fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances .its natural environment and its established character as a resort and residential community of the highest quality. W, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: IIIpSection 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: Parcel B, a re -subdivision of Tract D, Vail Das Schone 1st Filing, shall be rezoned from Two -Family Primary/Secondary (PS) district to Housing (H) district, as illustrated on Exhibit A attached hereto. Section 2. If any part, section; subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not vis revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5- AJI bylaws, orders, resolutions d pealed to the extent only of such inconsistency. This repeaters shall not be construed to reviseeany bylaw, torder, 'resolution or ordinance. opart thereof, thereto- fore repealed. ING this INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONFC�E IN FUdL av ON November, RE, DD08, in the Published in the Vail Dai ly November 8, 2008. I acknowledge the accuracy of the 11. 11.08 publication of Ordinance No. 27, Series of 2008. Matt Mire own Attorney Warren Campbell, Chief �f Planning C26 Saturday, November 8, 2008 ORDINANCE NO. 25 Hea SERIES OF 2005 Heal ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, ANO LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2009 T ROUGH DECEM- BER 31, 2009 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 Oscal year; and WHEREAS, h is necessary for the Town Council to adopt a budget and financial plan for the 2008 fis- cal year, to make appropriations for the amounts apecihed 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 Veil, Colorado, for the en- actment hereof, have been fulfilled. Total 3,045,657 2,847,719 2,367,234 69,711,608 Less Intel rid TO nei _ _........ -.- (8,672 3411 Nei Expenditure Budget 51,039,267 3.The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2009 hscel year for iho Town of Veil, Colorado, which are. re incorpur.1. by reference herein and made pan hereof, end copse. of sold public records shall be made oveilable to the public in lite Municipal effecBulfidt hvef(5) days alt Tpub�cal on follohis d,n.nF wing the final p .... go hereof. 4.11 any pan, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to ba invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council herebydeclares it would have passed this ordinance, and each part, section, aubeection, sentence, clause or phrase thereof. regardless of the fact that anyone or more parts, ..nl ran. sobs mons. sentences, clauses or finds, deterrnineu, and ce is necessary and d It I th 2.Pursuant to Article IX of the Charter, the Town r Vail the inhabitants Iherenl, are o e Council hereby makes the following annual appro- Vail, Colorado, for its ha Trio and B.TN repeal of the repeal and reenactment of any priations for the Town of cal beginning on the first day of January, Provision of the Municipal Code of the Town of Val year 2009, and ending on the 31st day of December, as provided in this ordinance shall not affectany imposed, 2008: right which has accrued, any duty any date FUND AMOUNT vwlaiion Ulat occurred prior to the effecuva hereof, any prosecution commenced, nor any other General Fund 31,358,673 8.456, 355 action or proceedings as commenced under or by virtue of the provision repealed or repealed and Capital Projects Fund Real Estate Transfer Tax Fund 9,071,870 reenacted. The repeat of any provision hereby Vail Marketing Fund 295,725 s�eviooelyrevive once unless Debt Service Pund 2.269,275 p rep ..Tell orssuperseded ORDINANCE NO. 26 Serle. .1 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL A, A RESUBDIVISION OF TRACT D, VAIL DAS SC HONE FIRST FILING, FROM COMMERCIAL CORE 3 (CC3) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS. Chapter S. Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail (toning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3.1 through 12-3.7 of the Zoning Regulations of the Vail Town Coda: and WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unani- mous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12.3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS. the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals. objec- tives and policies outlined in the Vail Comprehensive Plan. the Vail Land Use Plan and is compatible with the development objec. tives o1 the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and WHEREAS, the Veil Town Council finds the amendment to the "Zoning Map" promotes the healthsafety, morals, and general wel- fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL. COLORADO, THAT Section 1. Zoning Map Amendment; The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Offlciel Zoning Map of the Town of Vail is hereby amended as follows. Parcel A, a re -subdivision of Tract D, Vail Das Schone 1st Filing, shall be rezoned from Commercial Core 3 (CC3) district to General Use (GU) districtas illustrated on Exhibit A attached hereto. Section 2. If any pad. section, subsection, sentence, clause or phrase of this ordinance is for any roason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares a would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more part., sections, subsections, sentences, clauses or phrases be declared Invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health. safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not effect any right which has accrued, any duty imposed, any violation that occurred prior to the elfecfive date hereof. any prosecution commenced, nor any other salon or proceeding as commenced under or by virtue of the IF amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. ORDINANCE NO. 27 Serle. of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL 8, A RE -SUBDIVISION OF TRACT D. VAIL OAS SCHONE FIRST FILING, FROM TWO-FAMILY PRIMARY/SECONDARY (PIS) DISTRICT TO HOUSING (H) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map.. of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map'): and WHEREAS, the proposed amendment to the Toning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12.3-1 through 12-3.7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 27, 2008. the Planning and Environmental C.mmissicn of the Town of Vail reviewed and forwarded a recommendation (6-b0) of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12.37 of the Zoning Regulations of the Town of Vail'. and WHEREAS, the Vail Town Council finds the proposed amendment to the -Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Land Use Plan and is compatible with the development objectives of the Town, and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map' is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morale. and general wel- fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Paint and Other Chemicals: • Gather old cans of paint and other chemicals • Drop them off at a hazardous waste depot, They will reclaim what they can and responsibly dispose of what they can't. Seetlon S. All bylaws, order., resolutions and ordinances, or parts thereof. Inconsistent herewith are repeated to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw. order, resolution or ordinance, or part thereof, thereto- fore repealed. INTRODUCED, READ ON FIRST READING. APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 181h day of November. 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Exhibit A Published in the Vail Daily November S. 2008. Section 5. All bylaws, orders. resolutions and ordinances, or parts thereof, inconsistent nerewim are repsalec 10 me ""nr vmy ,,, such inconsistency. This repealer shall rid be construed to revise any bylaw, order, resolution or ordinance, or part thereof, madio- fore reP..I:d. INTRODUCED, READ ON FIRST READING, APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November. 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Exhibil A Chamonix Development Propertlee: Proposed Zoning Dhnwri.rboa v W.mkwn•C bdrvn, elia;.i jcc�' ec _,or. f.'s as r Mh1s.h. nare WeM�y;P I~inry:Ix<ax, n�uNNrlei,x, D,VYD1 fehY.NryI THE VAIL DAILY 970.949.0555 vaildaily.cor expressy stated Mere n. and a i+ 7.AII bylaws orders, raeolulihen ,. r or parts thereof I consistent herewith ere rap IoJ TI to the extent only of BUch Inponslelerlcy. repealer shat) not be con., ed to revise any bylaw order, resolution, or ordnance, or part thereof. theretofore repealed. INTRODUCED. READ ON FIRST READING, we are faced with a substantial APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 4th der, of November, 2008. A Dublic day pile of "Stuff' that we may not hearing shall be held hereon on the 18th of l the regular meeting November, 2008, a1 6.00 Dm "fit"' Rather ohne Town CcunGl of the Town of Vail. Colomdc. want or need anymore. in the Municipal Building of the Town, than have it all end up in the Dick Cleveland. Mayor landfill, there are a few things ATTEST. that we can do to help the Lorelei Donaldson, town Clerk environment. Published in the Vail Daily November 8, 2008. .,� (2620707) AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL A, A RESUBDIVISION OF TRACT D, VAIL DAS SC HONE FIRST FILING, FROM COMMERCIAL CORE 3 (CC3) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS. Chapter S. Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail (toning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3.1 through 12-3.7 of the Zoning Regulations of the Vail Town Coda: and WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unani- mous recommendation of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12.3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS. the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals. objec- tives and policies outlined in the Vail Comprehensive Plan. the Vail Land Use Plan and is compatible with the development objec. tives o1 the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and WHEREAS, the Veil Town Council finds the amendment to the "Zoning Map" promotes the healthsafety, morals, and general wel- fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL. COLORADO, THAT Section 1. Zoning Map Amendment; The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Offlciel Zoning Map of the Town of Vail is hereby amended as follows. Parcel A, a re -subdivision of Tract D, Vail Das Schone 1st Filing, shall be rezoned from Commercial Core 3 (CC3) district to General Use (GU) districtas illustrated on Exhibit A attached hereto. Section 2. If any pad. section, subsection, sentence, clause or phrase of this ordinance is for any roason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares a would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more part., sections, subsections, sentences, clauses or phrases be declared Invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health. safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not effect any right which has accrued, any duty imposed, any violation that occurred prior to the elfecfive date hereof. any prosecution commenced, nor any other salon or proceeding as commenced under or by virtue of the IF amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. ORDINANCE NO. 27 Serle. of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL 8, A RE -SUBDIVISION OF TRACT D. VAIL OAS SCHONE FIRST FILING, FROM TWO-FAMILY PRIMARY/SECONDARY (PIS) DISTRICT TO HOUSING (H) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map.. of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map'): and WHEREAS, the proposed amendment to the Toning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12.3-1 through 12-3.7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 27, 2008. the Planning and Environmental C.mmissicn of the Town of Vail reviewed and forwarded a recommendation (6-b0) of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12.37 of the Zoning Regulations of the Town of Vail'. and WHEREAS, the Vail Town Council finds the proposed amendment to the -Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Land Use Plan and is compatible with the development objectives of the Town, and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map' is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morale. and general wel- fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Paint and Other Chemicals: • Gather old cans of paint and other chemicals • Drop them off at a hazardous waste depot, They will reclaim what they can and responsibly dispose of what they can't. Seetlon S. All bylaws, order., resolutions and ordinances, or parts thereof. Inconsistent herewith are repeated to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw. order, resolution or ordinance, or part thereof, thereto- fore repealed. INTRODUCED, READ ON FIRST READING. APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 181h day of November. 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Exhibit A Published in the Vail Daily November S. 2008. Section 5. All bylaws, orders. resolutions and ordinances, or parts thereof, inconsistent nerewim are repsalec 10 me ""nr vmy ,,, such inconsistency. This repealer shall rid be construed to revise any bylaw, order, resolution or ordinance, or part thereof, madio- fore reP..I:d. INTRODUCED, READ ON FIRST READING, APPROVED. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November. 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Exhibil A Chamonix Development Propertlee: Proposed Zoning Dhnwri.rboa v W.mkwn•C bdrvn, elia;.i jcc�' ec _,or. f.'s as r Mh1s.h. nare WeM�y;P I~inry:Ix<ax, n�uNNrlei,x, D,VYD1 fehY.NryI PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/22/2008 and that the last publication of said notice was in the issue of said newspaper dated 11/22/2008. In witness whereof has here unto set m d this 1 st day of December, 2008 Publish ra tanager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 1 st day of ber, 2008. Pamela Joan Schultz Notary Public My Commission expires: November 1, 2011 vW ORDINANCE NO. 27 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL B, A RE -SUBDIVISION OF TRACT D, VAIL DAS SCHONE FIRST FILING, FROM TWO-FAMILY PRIMARY/SECONDARY (P/S) DISTRICT TO HOUSING (H) DISTRICT, AND SET- TING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ('Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a recom- mendation (6-1-0) of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objec- tives and policies outlined in the Vail Comprehensive Plan, the Vail Land Use Plan and is compatible with the development objec- tives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the health, safety, morals, and general wel- fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: Parcel B, a re -subdivision of Tract D, Vail Das Schone 1st Filing, shall be rezoned from Two -Family Primary/Secondary (PS) district to Housing (H) district, as illustrated on Exhibit A attached hereto. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section S. 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, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of November, 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Published in the Vail Daily Novemer 22, 2008. ExhbrA !4 I acknowledge the accuracy of the 11.22.08 publication of Ordinance No. 27, Series of 2008. AeS -�o �-o,r n— - fy1A,4, Matt Mire, Town Attorney Warren Campbell, dhief of Planning THE VAIL DAILY 970.949.0555 vai ORDINANCE NO. 26 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL A, A RE -SUBDIVISION OF TRACT D, VAIL DAB SCHONE FIRST FILING, FROM COMMERCIAL CORE 3 (CC3) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREASre , Chapter 6, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"): and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12.3-1 through 12.3.7 o1 the Zoning Regulations of the Vail Town Cod., and WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unani- mmendatian of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council ands the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objec- tives and policies outlined in the Vail Comprehensive Plan, the Vail Land Use Plan and is compatible with the development objec- tives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Veil Town Council finds the amendment to the "Zoning Map' promotes the heath, safety, morals, and general wel- fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances Re natural environment and to 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: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail I. hereby amended as to..—: Parcel A, a re -subdivision of Treat D, Vail Des Schone tat Filing, shall be rezoned from Commercial Core 3 (CC3) district to General Use (GU) district, as illustrated an Exhibit A attached hereto. Section 2. If any pan, 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 4 would have Passed this ordinance, and each pan, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance Is necessary and proper for the heath, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Cade as provided in this ordinance shall not affect any right which hes 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, thersto. fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado, Richard D. Cleveland, Mayor Attest: Lorelei Donaldson. Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 111th day of November, 2008. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Published in the Vail Daily November 22, 20nB. ORDINANCE NO. 27 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL B, A RE -SUBDIVISION OF TRACT D, VAIL OAS SCHONE FIRST FILING, FROM TWO-FAMILY PRIMARY/SECONDARY (PIS) DISTRICT TO HOUSING (H) DISTRICT, AND SET- TING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Maps; and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed In accordance with the prescribed requirements outllned In Sections 12-3-1 through 12-3.7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a recom- mendation (6-1-0) of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council In accordance with the criteria and findings outlined In Section 12-3-7 of the Zoning Regulations of the Town of Veil; and WHEREAS, the Veil Town Council finds the proposed amendment to the "Zoning Map" Is consistent with the adopted goals, objec- tNesand policies outlined In the Veil Comprehensive Plan, the Vail Land Use Plan and Is compatible with the development objec- flyes of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" Is compatible with and suitable to adjacent uses and approprlate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes the heath, safety, morals, and general wel- fare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances Re natural environment and Re 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. Zoning Map Amentlment: The purpose of this Ordinance Is to amend the Official Zoning Map of the Town of Veil. The Official Zoning Map of the Town of Vail is hereby amended as follows: Parcel B, are-subdivislon of Tract D, Vail Das Schone fat Filing, shall be rezoned from Two -Family Primary/Secondary (PS) district to Housing (H) district, as illustrated on Exhibit A attached hereto. Section 2. 11 any part, section, subsection, sentence, clause or phrase o1 this ordinance is for any reason held to be Invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared Invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued any duty Imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly staled herein. Section S. 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, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day o1 November, 2008, In the Council Chambers of the Vail Municipal Building Veil, Colorado. Richard D. Cleveland, Mayor Attest: Lomlel Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of November, 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Published in the Vail Daily Novemer 22, 2008. November 22, 2008 C25 Chamonix Development Properties; Proposed Zoning Chamonix property from Tsuofamily Primagftondary Residential (PS) to Housing (H) Wendy's propertyfrom Commercial Core 3 (CC3) to General Use (GUI Chamonix ProPmy: Parcel R resubdivision of Tract D, Vail Das Schone riling 1 Wmdy's Property: Parcel A, resubdivision of Tract D. Vail Das Schone Filing 1 Aft MU98-y j"s :M21 dila ZK9 �+ami 71PI :Ula �', 9 2137 ' pe 0 Wild lief affit21,22 lar.seerRlemmo IRB MeeNNek".INNIL NaeNNNeNRt■ttRMIMR astall tNeeYIe4NYNrIe1 Chamonix Development Properties: Proposed Zoning Chamonix progeny hom Twaamily PtimaySecondary Residential (PSI to Housing IH'i Wendys propertyfrom Commercial Corea (CC3) to General Use IW Chanodx Roptny: Panel B, n4ubdivision of Traxt D. Vita Das Schanefilifg 1 Wndy's Prtp■y: Panel A,fesubdisislon 0TRd0,Vail Das StuentFiero 1 Ial AV Aa 7G 8g' X49 rJ Ar, kfe X1 I .QIiAQdaPal�Ntyl r q �� < j ry L6S El 11 El /j •r ■ pp�,�.y El gyp■ ■ -•L17 �,mMnYS Orate i',:EB xra..w nit... sr,`r,r�re.wr PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/22/2008 and that the last publication of said notice was in the issue of said newspaper dated 11/22/2008. In witness whereof has here unt y hand this 1 st day of December, 2008 Pu Ws /Gen ral Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 1st day of De ber, 2008. 0 J. SC Pamela Joan Schultz y Notary Public 4Q- TAMMY CnN My Commission expires: November 1, 2011 O PUBLIC O Cp� ORDINANCE No. 8 SERIES OF 2008 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2008 TAX Y9EARFISAN YEAR BLE IN THE 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 2008 year and payable in the 2009 fiscal year. NOW. THEREFORE, be it ordained by the Town E Council of the Town of Vail, Colorado, that: 1.For the purpose of defraying part of the operat- ing and capital expenses of the Town of Vail, COIo- red0, during its 2009 fiscal year, the Town Council' hereby levies a property tax of 4.979 mills upon each dollar of the total assessed valuation of $898,389,440 for the 2008 tax yehichar of all taxable property within 473 172 calculated ated as follows:ill result in $ gross tax levy of $4, Base mill levy 4.690'259.446 Abatement levy 4 989 $4,473.172 Total mill levy Said assessment shall be duly made by the Coun- ty of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. l phraseof this ac tion, subsection, sentence, clause orordinance is for any reason held to be invalid, such decision shall not affect the validi- ty of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, sub- section, sentence, clause or phrase thereof, re- gardless of the fact that any one or more parts, ections, 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 vi- olation that occurred prior to the effective date hereof, any prosecution commenced, nor any oth- er actiorl or proceedings as commenced under or bvirtue of he rrel enacted.The p rrepeal of any provisirovision repealed or on repeated hereby shall not revive any provision or any ordinance pre- viously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances. or parts thereof, inconsistent herewith are re- pealed to the extent only of such inconsistency. This repealer shall not be construed to revise any b , der he eylaw r soe tion, r ordinance, or part. INTRODUCED. READ ON FIRST READING, AP- PROVED AND ORDERED PUBLISHED ONCE IN FULL, this 18th day of November, 2008. A public hearing shall be held hereon at 6 P.M. on the 2nd day of December, 2008, at the reVgular meeting of the Town Council of the Town the Municipal Building of h Town. a l' Colorado, in Dick Cleveland, Mayor ATTEST: 16 Lorelei Donaldson, Town Clerk Published in the Vail Daily November 22, 2008. (2595919) I acknowledge the accuracy of the 11.22.08 publication of Ordinance No. 28, Series of 2008. A6 -�o -Vcx� — Matt Mire, Town Attorney Judy Camp, Finance Director Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 15th ORDINANCE NO. 28 SERIES OF 2008 INTRODUCED, READ ON FIRST READING, AP- PROVED AND ORDERED PUBLISHED ONCE IN AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR day of December, 2008, at the regular meeting of the Town Council of the Town of Vail, Colorado, in THE 2008 TAX YEAR AND PAYABLE IN THE PROOF OF PUBLICATION 2009 FISCAL YEAR. STATE OF COLORADO } 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 2008 l SS. IIJOW, year and payable in the 2009 fiscal year. Town COUNTY OF EAGLE } THEREFORE, be it ordained by the Council of the Town of Vail, Colorado, that: I. For the purpose of defraying part of the operat- READ AND APPROVED AS AMENDED ON SEC - ing and capital expenses of the Town of Vail, Colo- rado, during its 2009 fiscal year, the Town Council I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily hereby levies a property tax of 4.979 mills upon each dollar of the total assessed valuation of newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general $897,586,230 for the 2008 tax year of all taxable property within the Town, which will result in a circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of gross tax levy of $4,469,405 calculated as follows: Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal Base Abatement rle� y 4.2289 $a,259J26 notice or advertisement and that said newspaper has published the requested legal notice and advertisement as Total mill levy 4.979 $4,469,405 requested. Said assessment shall be duly made by the Coun- ty of Eagle, State of Colorado, as directed by the (2668177) Colorado Revised Statutes (1973 as amended), and as otherwise required by law. The Vail Dail is an accepted legal advertising medium only for jurisdictions operating under Colorado's y P g g 2 If any part, section, subsection, sentence, clause Home Rulerovision. p or Phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validi- ty of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, sub - That the annexed legal notice or advertisement was published in the regular and entire issue of every number of section, sentence, clause or phrase thereof, re gardless of the fact that any one or more parts,, sections, subsections, sentences, clauses or said dailynewspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in p p phrases w declared invalid. 3 The Town Council hereby finds, determines, and declares that this ordinance is necessary and the issue of said newspaper dated 12/6/2008 and that the last publication of said notice was in the issue of said 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 newspaper dated 12/6/2008. provision of the Municipal Code of the Town of Vail as in this ordinance shall not affect any provided right which has accrued, any duty imposed, any vi- olation that occurred prior to the effective date hereof, any prosecution commenced, nor any oth- In witness whereof has here unto set my hand this 15th day of December, 2008 er 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 pre- viously repealed or superseded unless expressly stated herein. Publisher/G r nag/Editor 5.AII bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are re- pealed to the extent onlyof such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 15th INTRODUCED, READ ON FIRST READING, AP- PROVED AND ORDERED PUBLISHED ONCE IN day o ember, 2008. hearing shall be hs l8th eld hereon of t public 6 P.M. on the day of December, 2008, at the regular meeting of the Town Council of the Town of Vail, Colorado, in Q �• SC,y the Municipal Building of the Town. Dick Cleveland, Mayor Pamela Joan Schultz�Ci G Notary Public OTIARY /� N 1 ` ATTEST: Lorelei Donaldson, Town clerk � READ AND APPROVED AS AMENDED ON SEC - OND READING AND ORDERED PUBLISHED IN My Commission expires: November 1, 2011 v v v Q (nom �, w FULL this 2nd day of December, 2008. /r► Dick Cleveland, Mayor h QF CQ� ATTEST: Lorelei Donaldson, Town Clerk Published in the Vail Daily December 6, 2oO8. - (2668177) PROOF OF PUBLICATION STATE OF COLORADO } } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the ORDINANCE NO. 29 notice or advertisement and that said newspaper has published the requested legal notice and SERIES OF 2008 requested. AN ORDINANCE MAKING SUPPLEMENTAL re �I APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND DEBT SERVICE FUND OF THE 2008 BUDGET The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating ul FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID Home Rule provision. APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. That the annexed legal notice or advertisement was published in the regular and entire issue of WHEREAS, contingencies have arisen during the fiscal year 2008 which could not have been rea- sonably foreseen or antisPated by the Town Coun- said daily newspaper for the period of 1 consecutive insertions; and that the first publication of s; cil at the time it enact✓3d Ordinance No. 29, Series of 2007, adopting the 2008 Budget and Financial Plan for the Town of Vail, Colorado; and, the issue of said newspaper dated 12/6/2008 and that the last publication of said notice was in WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not newspaper dated 12/6/2008. 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 In witness whereof has here unto set my han his 15th day of De supplemental appropriations and budget adjust- ments as set forth herein. ^ NOW, THEREFORE, BE IT ORDAINED, BY THE 1 TOWN COUNCIL OF THE TOWN OF VAIL, COL- ORADO that: 1.Pursuant to Section 9.10(a) of the Charter of the Publisher/G 1 Man-ager/Editor Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations and budget adjustments for the 2008 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure or (reduction) of said appropriations as follows: Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of C day of December, 2008. Pamela Joan Schultz J. SC Notary Public QQ NOTA G. v V� N My Commission expires: November 1, 2011 � �N j 4 "°JBLIC o CIDF General Fund $ 812,427 Capital Projects Fund 20,000 Real Estate Transfer Tax Fund 60,626 Debt Service Fund $5.000 Total $ 928,053 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecOtion 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 December, 2008, and a public hearing shall be held on this Ordinance on the 16th day of December, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Published in the Vail Daily December 6, 2008. (2668301) PROOF OF PUBLICATION STATE OF COLORADO } SS. COUNTY OF EAGLE I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 12/6/2008 and that the last publication of said notice was in the issue of said newspaper dated 12/6/2008. In witness whereof has here unto set myis 15th day of December, 2008 r/tIll Publisher/G al anager/E itor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 15th day of, ber, 2008. Pamela Joan Schultz Notary Public My Commission expires: November 1, 2011 O ��arcP�V, ORDINANCE NO. 30 reason hel SERIES 2008 effect the ordinance; AN ORDINANCE AMENDING TITLE 1, CHAP- would hav( TER 3, SECTION 2 OF THE VAIL TOWN CODE section, st BY THE ADDITION OF THE DEFINITION OF THE thereof, re( WORD "PUBLICATION"; AND SETTING FORTH parts, seal DETAILS IN REGARD THERETO. phrases be WHEREAS, the Town of Vail, in the County of Ea- Section 3.' gle and State of Colorado (the "Town"), Is a home Town Cod[ rule municipal corporation duly organized and ex- affect any isting under laws of the State of Colorado and the posed, any Town Charter (the "Charter"); and fective dat( WHEREAS, the members of the Town Council of nor any oth under or b� the Town (the "Council") have been duly elected amendmer and qualified; and viva any pr WHEREAS, Section 4.10 of the Charter requires pealed or: herein. Publication of ordinances upon their introduction and adoption; and Section 4.F WHEREAS, the Charter does not define what is nances, or repealed to required by "publication," and This repeal WHEREAS, the Council understands that more bylaw, orde of, theretofc and more citizens are receiving information through the World Wide Web than through traditional Section 5.T newspapers; and and declare WHEREAS, the provisions of this ordinance pro- proper forI Town of Val vide for the greatest dissemination of information to the citizens of the Town regarding matters of pub. INTRODUC lic concern; and PROVED, A WHEREAS, the Council considers it in the interest FULL ON F cember, 2C of the public health, safety, and welfare to adopt reading of t this amendment to the Vail Town Code. December, NOW, THEREFORE,' BE IT ORDAINED BY THE Vail Municip TOWN COUNCIL OF THE TOWN OF VAIL, Richard Cie% COLORADO, THAT: ftctlon 1.Title 1, Chapter 3, Section 2 of the Vail Attest: Lorelei Dona Town Code is hereby amended by the addition of the definition of the word "publication" which shall Published 1 read as follows: (2668408) Publication, publish or Published: For the purposes of the Town Char- ter and this Code, except Published:where publi- cation in a newspaper is specifically required by the Charter, an ordinance or state statute, the term "publication", "publish" or "published" shall mean posting on the Town of Vail web site. If, for any reason, publication on the Town's web site cannot be accomplished "publication", "publish" or "pub- lish ed" shall mean a minimum one (1) of the fol- lowing two (2) methods: (1) physical posting at the Town of Vail Municipal Building; or (2) publication in a newspaper of general circulation in the Town of Vail. 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T0�mwf in o.- 'OwS°m mcmi;m� �.,m'° °i C CD . CL O O o✓ a 0 CD CD w 0 O tz a 0 C'a 0 0 W CD cn eft CD 0 C� 0 0 C CL 0 zr v, w 0 a CJ1 a 0 d 0 CD cr c� N 0 0 00 O z 0 C1i G� m " o ny n o � °. UQ c CD CD CD c~ a.°o'�o'� 't C w w O O fD o ?: CDCD. CD cn CDO+ 5,0 '0 'o a p N `C ft rA CD CD� � lw a� = a CD o ate, �C,(D CD �3c ��.� CD CD a �P7'CD cD Qn CL CD °o CD CD 0 o w CCD` 'oo,� �.CD o SCD Uqq O CA C' CL CL CD I'D O ocr CD 0O �. to .oo 0 CD 0 °m a a. � a o CL �. CDA a'fD �_ a� CDP CD o N a Uq N acs C d O z 0 C1i G� m C t Sd 6V6y; bcd4itber2Cr; 2008 THE VAIL DAILY i ''97b-949•0555 Pdiltiaiit%:Co"Frl ORDINANCE NO. 31 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-13, EMPLOYEE HOUSING, VAIL TOWN CODE, TO ESTABLISH A DEED -RESTRIC- TION EXCHANGE PROGRAM, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS; on June 3, 2008, the Vail Town Council directed the Community Development Department to prepare amendments to the Vail Town Code to establish..W Employee Housing Unit (EHU) deed restriction exchange program; and, WHEREAS, on October 28 2008, the Vail Local Housing Authority of the Town of Vail held a public hearing and reviewed and for- warded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations; and WHEREAS, on December 8, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the. Zoning Regulations in accordance with the procedures and criteria and findings outlined in Section 12-3-7 of the Vail Town Code; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VII of the Staff memorandum to the Planning and Environmental Commission dated December 8, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VII of the Staff memorandum to the Planning and Environmental Commission dated December 8, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VII of the Staff memorandum dated December 8, 2008; and, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-13-5, Employee Housing Deed Restriction Exchange Program, Vail Town Code is hereby established as follows: 12-13-5: Employee Housing Deed Restriction Exchange Program: A. Purpose: The purpose of this Section is to provide more livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing deed restriction exchange program. The exchange program allows for the removal of a deed restriction from an existing employee housing unit in exchange for the conveyance of a free-market dwelling unit to the Town of Vail to be deed restricted. B. Applicability: The program established under this Section may be applicable to an existing employee housing unit that is a non -apprecia- tion capped unit and is not part of any on-site employee mitigation requirement of Chapter 12-23, Commercial Linkage, or Chapter 12-24, Inclusionary Zoning. C. Definitions: For the purpose of this Section: Commercial Job Core: Those areas located south of Interstate 70, east of the intersection of Forest Road and South Front- age Road, north of Vail Mountain, and west of the Town of Vail Soccer Fields on Vail Valley Road, as further defined by Exhibit A in this Section. Exchange EHU: Existing employee housing unit with a deed -restriction that is being proposed to have the deed restriction released as part of this program. Proposed EHU: The existing dwelling unit that is being proposed to be conveyed to the Town of Vail for the purpose of placing a new employee housing deed restriction as part of this program. D. General Requirements 1. Exchange EHU requirements: a. - The exchange EHU shall not be part of a project that was developed or deed -restricted in part, or in whole, by the Town of Vail. b. The exchange EHU shall not be part of any on-site employee housing mitigation required by inclusionary zon- ing, commercial linkage, or as part of an approved development plan. 2. Proposed EHU requirements: a. The proposed EHU must be located within the Town of Vail b. The proposed EHU shall not be within a homeowners' association that precludes deed restricted units, has a right of first refusal, right to approve the sale or the sale contract, or any other requirement deemed to be similarly restric- tive by the Administrator. - 3. Exchange Rate: a. If the exchange EHU is within the commercial job core and the proposed EHU is also within the commercial job core, the floor area of the proposed EHU shall be a minimum of two (2) times the floor area of the exchange EHU. ;3. If the exchange EHU is within the commercial job core and the proposed EHU is outside of the commercial job core, the floor area of the proposed EHU shall be a minimum of three (3) times the floor area of the exchange EHU. C. If the exchange EHU is outside of the commercial job core and the proposed EHU is inside of the commer- cial job core, the floor area of the proposed EHU shall be a minimum of one and one-half (1.5) times the floor area of the exchange EHU. d. If the exchange EHU is outside of the commercial job core and the proposed EHU is outside of the commercial job core, the floor area of the proposed EHU shall be a minimum of two (2) times the floor area of the exchange EHU. 4. - Exception; Fee -In -Lieu: The applicant may elect to provide a proposed EHU that is within 80% of the minimum required floor area for the proposed EHU and a payment is made for the remaining minimum required floor area at the rate established by the Vail Town Council for inclusionary zoning fee in lieu. 5. No Credit Given: If the floor area of the proposed EHU is in excess of the minimum required floor area, the additional floor area will not be available as a credit for any future EHU exchange application. 6. Compliance with Zoning Regulations: The property that includes the exchange EHU must comply with all requirements of Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, upon removal of the deed restriction and any subsequent combination of the exchange EHU with other dwelling units. 7. Conveyance of Proposed EHU: The proposed EHU must be conveyed, fee simple, to the Town of Vail E. Review Process: 1. Application Required: The applicant shall provide the following as part of the EHU exchange application a. An application fee as established by the Vail Town Council; and b. A detailed description of the exchange EHU and the proposed EHU; and C. A written narrative of how the proposal complies with the general requirements and criteria of this Section; and d. Any additional information deemed necessary by the Administrator. 2. Application Review Procedure: The Administrator shall review the application for completeness and compli- ance with this Section, and shall make a determination of completeness and compliance with this Section within fourteen (14) days of application submittal. Should the Administrator deem that the application is incomplete or not in compliance with this Section, the Administrator shall deny the application. Should the Administrator deem the application is both complete and in compliance with this chapter, the Administrator shall forward the application for review by the Vail Local Housing Authority. The Vail Local Housing Authority shall review the application and make a recommendation to the Vail Town Council within thirty (30) days of the application submittal based upon the criteria outlined in Section 12-13-5E-3. The Vail Town Council shall make a final determination of approval, approval with modifications, or denial of the application, based upon the criteria outlined in Section 12-13-5E-3. 3. Criteria and Findings: a. Criteria: Before acting on an exchange program application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the requested application: 1. The proposed EHU is deemed to be of adequate condition and is not likely to have substantial maintenance needs beyond typical maintenance within the following year; and 2. The proposed EHU will not have costs incurred beyond HOA dues and typical maintenance fees that will pre- clude the unit from being affordable; and 3. Should the proposed EHU be within a homeowners association, the financial situation of the homeowners as- sociation shall be deemed in stable condition with sufficient funds to cover existing anticipated repairs and maintenance; 4. Any homeowners association fees associated with the proposed EHU shall be commensurate with the services and amenities provided by the homeowners association; b. Necessary Findings: Before recommending and/or granting an approval of an application for an EHU exchange, the Vail Local Housing Authority and the Vail Town Council shall make the following findings with respect to the requested amendment: 1. That the application meets the requirements of Section 12-13-5D; and 2. That the application meets the criteria of Section 12 -13 -5E -3(a); Vail Town Code; and 3. That the application is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 4. That the Application furthers the general and specific purposes of the zoning regulations and employee hous- ing regulations; and 5. That the application promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 4. Appeals: Determinations made by the Vail Town Council and the Administrator may be appealed pursuant to Section 12-3-9, Appeals, Vail Town 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 effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of December, 2008 and a public hearing for second reading of this Ordinance set for the 6th day of January, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Published in the Vail Daily December 20, 200 p? �G b N 0057 - L CD W, x y o 2 � � W -t vo � � v' IrD CD ID n CD CD 0 0 CD w M n CDD CD a c CD �. a cn � ts p. O UQ O °hO ° O n CD N poz- p,�a�p SCC w CSD CD G. `"3 CD O CD ° .� , CCD ?' �. o c oCD t3 CD t3 o00 cn .��'c� �. CD �' �_ �' � � � G� •. cn wry!! CD a' a � P7' CD C a C�'d cn CD o �' o CD CD a o CD c� CD rt O O °n �. CDCCD o y n o as o C' ¢ CD p ? a it CD Q.En O CD o w Z.o CD C ►CD � W cn e-ol CD O CD cn° CD W m CD ° (D CDD �' 47DA ~� C. 0- CD P CD rcn CD CD o �. .. °s CD a aCD CD CD d c CD N N J I THE VAIL DAILY 970.949.0555 € vaildaily.com ORDINANCE NO. 1 SERIES 2008 AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF WORDS AND TERMS; ARTICLES 12-6A, HILLSIDE RESIDENTIAL DISTRICT; 12-66, SINGLE-FAMILY RESIDENTIAL DISTRICT; 12-6C, TWO-FAMILY RESIDENTIAL DISTRICT; 12-6D, TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTERpISTRICT; 12-6F, LOW DENSITY MULTIPLE -FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE - FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE -FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-713, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL CORE 2 DISTRICT; 12-713, COMMERCIAL CORE 3 DISTRICT; t2WE, COMMERCIAL SERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H, LIONSHEAD MIXED USE 1 DISTRICT; LIONSHEAD MIXED USE 2 DISTRICT; 12- 7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12 -BA, AGRICULTURAL AND OPEN SPACE DISTRICT; 12-8D, SKI BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 DISTRICT; 12-96, PARKING DISTRICT; 12- 9C, GENERAL USE;, CHAPTER 12-13, EMPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AND CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on March 10. 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23, Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, must be amended to clarify the basis on which Employee Housing Plans shall be reviewed; and, WHEREAS, the Town Council findsand determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 200B, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated March 10, 2008, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 12-2, Definitions, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-2-2: Definitions of Words and Terms FLOOR AREA, NET : The total floor area within the enclosing walls of a structure not including the following: A. Areas specifically designed and used for mechanical equipment to operate the building. B. Stairways. C. Elevators. D. Common hallways. E. Common lobbies. F. Common restrooms. G. Areas designed and used for parking. H. Areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eight percent (8%) of the total proposed net floor area for retail. "Common areas" are spaces for which all tenants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6A-2: PERMITTED USES: - The following uses shall be permitted in the HR district: Single-family residential dwellings. Type -IV- employee hrwsingunits Employee Housing Units, as further regulated by chapter 13 of this title forth in chapter3-of this title. Section 3. Article 12-613, Single Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikeihrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-66-2: PERMITTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. Type -H employee hous ng units Employee Housing Units, as further regulated by chapter 13 of this title. Type- units;as further regulated oM�this-title- - Section 4. Article 12-6C, Two -Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strike4ifeugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R district: Single-family residential dwellings. Two-family residential dwellings. Type -4 employee heusing units Employee Housing Units, as further regulated by chapter 13 of this title. Type 11 employee hous ng unit , as further regulated by eh8pfff 13 of th 9 title-. Type 1V employee housing un ts, as further Fegulated by ch -p- 43 ­­ - -1 - Section 5. Article 12-6D, Two -Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. Type -4 employee housing units Employee Housing Units, as further regulated by chapter 13 of this title. Type I' employee housing units, as Ifurther regulated by chapter 13 of this title. Type 1V employee title. Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6E-2: PERMITTED USES: The following uses shall be permitted in the RC district: Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. Single-family residential dwellings. Two-family residential dwellings. Type 1V Employee Housing Units, as further regulated by chapter 13 of this title. 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16.7Al3 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Employee Housing Units, as further regulated by Chapter 13 of this Title Section 7. Article 12-6F, Low Density Multiple -Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sttiketMengh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. Saturday, May 10, 2008 C35 Type 1V employee hous ng un t Employee Housing Units, as further regulated by chapter 13 of this title. 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. - Public buildings, grounds and facilities. - Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type III empleYee-heusrng-unrt13 of thr9141e. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 8. Article 12-6G, Medium Density Multiple -Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6G-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. Type -+V-- employee heusingunits Employee Housing Units, as further regulated by chapter 13 of this title. 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Typ,- 4empfeyee-housing units (El 1U) as"provided-in chapter -T3 ef-this-i#Ie- Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 9. Article 12-6H, High Density Multiple -Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in ati kefhreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-1-2: PERMITTED USES: The following uses shall be permitted in the HDMF district: Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site: additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. Tgpe4V Employee Housing Units, as further regulated by chapter 13 of this title. 12-61-1-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. Type "Itfempleyee-hattaing units -(EH1f}as-provided in ehapter- 1-3 of -this -title. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sErikethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. ' Deed restricted employee housing Units, asfurtherdeserbe in chapter 13 of title. Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. . Eating and drinking establishments, Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. Type V+ employee housing tinits Employee Housing Units, as further regulated by chapter 13 of this title. Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sfrikethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Type 1V employee 4��mg units Employee Housing Units, as further regulated by chapter 13 of this title. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7AB of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10I) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. C36 Saturday, May 10, 2008 Theaters and convention facilities. TypeHt emplegeehetis ng tin ts as pro%ded In chapter 13 of this I fle. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 12. Article 12-713, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-713-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 8. Type IV employee housing units, as further regulated by chapter 13 of this title. 12-76-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 4. Type IV employee housing un Is Employee Housing Units, as further regulated by chapter 13 of this title. 12-78-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: - A.Permitted Uses; Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with chapter 16 of this title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof: 8. Type IV employee housing units Employee Housing Units, as further regulated by chapter 13 of this title. B.Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage steres. Meeting rooms. Outdoor patios. Theaters. Type -Ill . Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-78-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A.Permitted Uses: The following uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple -family residential dwellings. Type -IV employee heusingunits EmRloyee Housing Units, as further regulated by chapter 13 of this title. B.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: 8. Type -IH ernplegee . Employee Housing Units, as further regulated by Chapter 13 of this Title. Section__1.3. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sfrikefhreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Banks and financial institutions. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. - - Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Type IV employeehousingunits Employee Housing Units, as further regulated by chapter 13 of this title. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive -up facilities. Major arcades. Massage parlors. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. Type-I+templeyeehousing un ts (El 1U) -as- prey ided-in-chapter Employee Housing Units, as further regulated by Chapter 13 of this Title. Section_14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. THE VAIL DAILY 970.949.0555 11 vaildaily.corr Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. " Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation Aproducts for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. Employee housing units as further regulated in Chapter 13 of this Title. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Dog kennels. Major arcades. Multiple -family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article.. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type . Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby amended as follows (text to be deleted is in st ikethfeugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7F-3: PERMITTED USES: The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barber shops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor. area for each such business use and so long as they are located on the first (street) level: An supply stores.. , Bookstores. Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-7F-4: CONDITIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Type !11 empleyee hous ng units (El 11:1) as pFevided in ch. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 16. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in striketl+reugh, text that is to beadded is bold. Sections of text that are not amended have been omitted.) 12-7H-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Type ­+V employee-honsim�a Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Type-IVemployee housing units Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12.3-4 of this title. THE VAIL DAILY X99 970.949.0555 vaildaily.com 12-71-1-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A.Permilted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Accommodation units. Attached accommodation units. Lodges. Multiple -family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and -employee -housing units{tgpe-4f EHU) a&providedm chapter43 of this-tifle. Type IV employee#reusinc,�<»Hs Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikefhreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-71-2: PERMITTED AND CONDITIONAL USES: BASEMENT -OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Type4V emplepee-housingunifs Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Type4V employee- housing units Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71.4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Multiple -family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and empteyee+ivaslog -es previded4n chapW43 ol.. ) Type IV emplo r is Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 18. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows (text to be deleted is in stokethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8A-3: CONDITIONAL USES: The following conditional uses shall be permitted. subject to issuance of a conditional use permit in accordance with the provisions of,chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Type_tf-employee�b�� as provided In chapter 13 of this title. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 19. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in str4kefhreugh, text that is to be added is bold. Sections of text that are not amendedhave been omitted.) 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Food and beverage cart vending. Public, private or quasi -public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 20. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethrengh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: _ Brew pubs. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Type H! employee houskxj-untts-as-provided in ehapter 13 of th a title. Employee Housing Units, as further regulated by Chapter 13 of this Title. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. - Section 21. Article 12-9B, Parking District, of the Vail Town Code is hereby amended as follows (text to be deleted is in st, kethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-98-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Major arcades. Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a 'temporary construction staging site" shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. units (El 1U) Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 22. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sfrikethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. e, Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Saturday, May 10, 2008 C37 Public and quasi -public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utilities installations including transmission lines and appurtenant equipment. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Type-8}�ntplogee easing-unfi4-E1U)ai3-edin_hapfef 43-o"Its-itle- Employee Housing Units, as further regulated by Chapter 13 of this Title. Water and sewage treatment plants. Section 23. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows (text to be deleted is in strrkethrough, text that is to be. added is bold. Sections of text that are riot amended have been omitted.) 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE EHU Zoning dis- Ownership/ Additional Additional Garage Parking Minimum/ Density tricts permit- Transference GRFA Site Cov- Credit/Stor- Maximum ted by right /Site -Over- erage / age Require- GRFA of an or by condi- age Reduced ment EHU tonal use Landscape Area Type I Permitted The-EHU- GRFA: SITE COV- Allowed 300 Per Chapter Per -Zone- Counts The Use: Primary/ may-be-sofd- The EHU is ERAGE: sq. ft. of 12-10 as a Distr4et+. EHU is al - Secondary of transferred entitled to The site is garage area dwelling unit. N/A lowed as god Residential, as -separates an additional entitled to an per enclosed a second Two -Family unit -en -the- 500 550 sq. additional 5% vehicle unit on the Residential property: ft. GRFA of site cover- space at a property. (sit withonly (Previously deduction. age for the maximum on lots less required- EHU. of 2 parking than 14,000 deed-restric- spaces (600 sq. ft. in size) tion -on -beth LANDSCAPE sq. ft.). unit&4saHevr- AREA: All units not safe) The site is constructed The EHU entitled to a with a ga- may be sold reduction of rage shall or trans- landscape be required ferred sepa- area by 5% a minimum rately. (reduced to 75 sq. ft. of 55% of site storage area area) for the in addition EHU. to normal closet space. This 75 sq. ft. shall be a credit for oni .TypeII Permitted The EHU The EHU is N/A 300 Per Chapter Dwellingunit. The EHU is Use: shall not- entitled to addi- 12-10 as a 300 sq. ft. allowed as a Single -Family be sold or an additional rage dwelling Ffor unit. min. and 3rd third unit Residential, transferred 500 550 sq. the 1,200 sq. ft. ori property. Two -Family separately ft. GRFA max. Dee",94- Residential, from the unit credit. -de- not count-asPrimary/Sec- it is associ- duction. ted density, ondary Resi- ated with. with a ga- dential rage shall be required Conditional a minimum Use: Agricul- 75 sq. ft. of ture & Open storage area Space in addition - to normal closet space. This 75 sq. ft. shall be a credit for storage only. Type III Permitted The ­EHU Per -Section- N/A N/A Per Chapter Dwelling unit: Not counted - Use: may be sold 42-154, 12-10 as a 300 sq. ft. oa-dens:ty.- Lionshead or transferred Type III dwelling min. and The EHU is Mixed Use 1 separately. EHU&are- unit. 1,200 sq. ft. excluded Lionshead- max. from the Mixed Use 2 fico n the Dormitory calculation Conditional calculation of unit: of density. Use: GRFA: A-typeof- Residential The EHU is El U whch- Cluster excluded houses not Low Den- from the more-than- sity Multiple- calculation five Family of GRFA. pew Medium Den- includes sity Multiple- earrtmarr Family High Den- ties-e-eerrt- sity Multiple- mon bath - Family room, -and -a- Public Ac- ef- commodation two -hundred - Public Ac- t2� commoda- ft. of tion 2 200 sq.tt. Commercial min. for each Core 1 person oc- Commercial cupying the Core 2 EHU, Commercial Core 3 Commercial Service Center Arterial Busi- ness Parking District General Use Heavy Ser- vice Ski Base/ Recreation Ski Base/ Recreation 2 Special Development District Type IV Any dwelling The EHU NIA N/A - Per Chapter Shall be Shelli unit may be may enly- zeningerr 12-10 as a determined- determined designated be sold or 6q dwelling unit. by -zoning -err by -wing -on - and deed transferred by -zoning -en- property. property: property restricted as separately. property: N/A N/A The EHU is a Type IV calculated EHU, un- as density. less already designated as an EHU. Type IV -CL Permitted The EHU N/A N/A N/A Per Chapter Per Chapter The EHU is (Commercial Use: may be sold 12-10 as a 12-23, Com- calculated Linkage Any dwell- or trans- dwelling mercial as density. mitigation ing unit may ferred sepa- unit. Linkage unit) be designat- rately. The ed and deed EHU shall restricted as be linked to a Type IV -CL a specific EHU, un- Commercial less already Linkage designated employee as an EHU. housing mitigation requirement. C38 p Saturday, May 10, 2008 Type IV-IZ Permitted The EHU N/A N/A N/A Per Chapter Per Chapter The EHU is (Inclusionary Use: may be sold 6.75 Employees per 1,000 feet of new net floor area Conference Facility 0.8 Employees per 1,000 feet of new net floor area 12-10 as a 12-24, in- calculated Zoning Any dwell- or trans- dwelling clusionary as density. mitigation ing unit may ferred sepa- unit. Zoning unit) be designat- rately. The ed and deed EHU shall restricted as be linked to a Type IV-IZ a specific EHU, un- Inclusion - less already ary Zoning designated employee as an EHU. housing mitigation requirement. Type V Permitted The EHU The N/A The El lU 9 Per Chapter 1,200 sq. ft. The EHU Use: shall not - - nott-entitled- 12-10 as a max. is allowed Hillside be sold or toaddLienal- toaddLienal dwelling unit. counts as a Residential transferred GRFA. garageareasecond 2nd separately N/A credit: unit on the from the unit N/A property. it is associ- ated with. Type VI Conditional As governed Allowable Allowablete Require- Per Chapter Allowable- Allowable Use: by the man- GRFAshall coverage and Friontsshell- 12-10 as a ill density-shal - Housing agement be As deter- lendseepe- be As deter- dwelling be As deter- be As deter - plan. mined by the area shelf mined by the unit or mined by the mined by the _ Shall not be PEC. be As deter- PEC. required by- PEC. PEC. subdivided or mined by the e . EG -or divided into PEC, a parking any form of manage - time share, ment plan interval per Article ownership, or 12-61, Hous - fractional fee ing District unit. Type VII -CL Permitted The EHU The EHU is N/A WA Per Chapter Per Chapter The EHU is (Commercial Use: may be sold excluded 12-10 as a 12-23, Com- excluded Linkage High Den- or trans- from the dwelling unit mercial from the mitigation sity Mul- ferred sepa- calculation or a parking Linkage calculation unit) tiple Fam- rately. The of GRFA. manage- of density. ily, Housing EHU shall ment plan District, be linked to per Chapter Public Ac- a specific 12-23, Com- commode- Commercial mercial tion, Public Linkage Linkage Accom- employee modation 2, housing Commercial mitigation Core 1, requirement. Commercial Core 2, Commercial Core 3, Commercial Service Cen- ter, Arterial - Business, General Use, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base/ Recreation, Ski Base/ Recreation 2, Parking District, and Special De- velopment Districts TypeVIFR Permitted The EHU The EHU is N/A N/A Per Chapter Per Chapter The EHU is (Inclusionary Use: may be sold excluded 12-10 as a 12-24, in- excluded Zoning Permitted or trans- from the dwelling unit clusionary from the mitigation Use: ferred sepa- calculation or a parking Zoning calculation unit) High Den- rately. The of GRFA. manage- of density. sity Mul- EHU shall ment plan tiple Fam- be linked to per Chapter ily, Housing a specific 12-24, In - District, Inclusion- clusionary Public Ac- ary Zoning Linkage. commode- employee tion, Public housing Accom- mitigation modation 2, requirement. Commercial Core 1, Commercial Core 2, Commercial Core 3, Commercial Service Cen- ter, Arterial - Business, General Use, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base/ Recreation, Ski Base/ Recreation 2, Parking District, and Special De- velopment Districts Section 24. Chapter 12-23, Commercial Linkage, of the Vail Town Code is hereby amended as follows (text to be deleted is in stdkefhraugh, text that is to be added is bold): 12-23-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new commercial development and redevelopment in the Town provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. B. Except as provided in Section 12-23-5, this Chapter shall apply to all new commercial development and redevelopment located within the following zone districts: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1 (LMUt); 12. Lionshead Mixed Use 2 (LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES: A. The employee generation rates found in Table 23-1, Employee Generation Rates by Type of Commercial Use, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine the THE VAIL DAILY 970.949.0555 vaildaily.com applicable employee generation rate by consulting the Town's current nexus study. TABLE 23-1 - EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type of Use Employee Generation Rates Retail Store/Personal Service/Repair Shop 2.4 Employees per 1,000 feet of new net floor area Business Office and Professional Office (excluding Real Estate Office 3.2 Employees per 1,000 feet of new net floor area Accommodation Unit/Limited Service Lodge Unit 0.7 Employees per net new units Real Estate Office 5.1 Employees per 1,000 feet of new net floor area Eating and Drinking Establishment 6.75 Employees per 1,000 feet of new net floor area Conference Facility 0.8 Employees per 1,000 feet of new net floor area Health Club 0.96 Employees per 1,000 feet of new net floor area Spa 2.1 Employees per 1,000 feet of new net floor area B. If an applicant submits competent evidence that the employee generation rates contained in Table 23-1 or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such a deviation as the Administrator deems appropriate. C. Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of the employees generated, pursuant to Table 23-1, or the nexus study, in accordance with the requirements of this Chapter. For example, for a development proposing 2,500 square feet of new net floor area for an eating and drinking establishment, the equation would be as follows: ((2,500 square feet _ 1,000 square feet) x (6.75)) = 16.875 new employees generated 16.875 new employees generated x 20% = 3.375 employees to be housed 12-23-3: SIZE AND BUILDING REQUIREMENTS: A. Table 23-2, Size of Employee Housing Units, establishes the minimum size of EHUs and the number of employees that can be housed in each. All EHUs shall meet or exceed the minimum size requirements. B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided as required by in accordance with Chapter 10 of this Title. 1. Exception for on-site units: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car -share programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. G ----Every El lU shall be allowed three hundred (300) square feet of additional garage area. Any El lU that does not have a garage -shall inekide a rni nimurfrof aft additional severity five {7S)s &reieet tor -storage if -edd tion -to nermal ebset space 12-23-4: REDEVELOPMENT: Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this Chapter. 12-23-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The redevelopment of existing commercial development, if no new net floor area, accommodation units, or limited service lodge units are created; and 2. The construction of EHUs. - 12-23-6: METHODS OF MITIGATION: A. For all new construction (i.e. development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 1.25 employees or greater, no less than one-half (%) the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: a. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. C. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a "Type IV -CL" (type four, commercial linkage mitigation) or "Type VII -CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may provide a payment of fees -in -lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 1.25 employees. 5. Any remaining portion of the mitt ation requirement not provided with on-site units may be provided in accordance with Section 12-23-68 blow. tF. B. For all development projects except those mitigated by Section 12-23.6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this Title, the choice of method(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. 1. On-site units. a. The requ site number Of E+IUS, ei a pertion thereof, may be constructed on Ste, provided that all on site El 'Us are . All on-site EHUs shall be deed restricted as a "Type IV -CL" (type four, commercial linkage mitigation) or "Type VII -CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. TABLE 23-2 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Number of Employees Housed Dormitory 250 1 Studio 438 1.25 One -Bedroom 613 1.75 Two -Bedroom 788 2.25 Three or More -Bedroom 1,225 3.5 B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided as required by in accordance with Chapter 10 of this Title. 1. Exception for on-site units: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. c. A demonstrated permanent program including, but not limited to, rideshare programs, car -share programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. G ----Every El lU shall be allowed three hundred (300) square feet of additional garage area. Any El lU that does not have a garage -shall inekide a rni nimurfrof aft additional severity five {7S)s &reieet tor -storage if -edd tion -to nermal ebset space 12-23-4: REDEVELOPMENT: Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this Chapter. 12-23-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The redevelopment of existing commercial development, if no new net floor area, accommodation units, or limited service lodge units are created; and 2. The construction of EHUs. - 12-23-6: METHODS OF MITIGATION: A. For all new construction (i.e. development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 1.25 employees or greater, no less than one-half (%) the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: a. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. C. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a "Type IV -CL" (type four, commercial linkage mitigation) or "Type VII -CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may provide a payment of fees -in -lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 1.25 employees. 5. Any remaining portion of the mitt ation requirement not provided with on-site units may be provided in accordance with Section 12-23-68 blow. tF. B. For all development projects except those mitigated by Section 12-23.6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this Title, the choice of method(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. 1. On-site units. a. The requ site number Of E+IUS, ei a pertion thereof, may be constructed on Ste, provided that all on site El 'Us are . All on-site EHUs shall be deed restricted as a "Type IV -CL" (type four, commercial linkage mitigation) or "Type VII -CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. THE VAIL DAILY 'i `s 970.949.0555 vaildaily.com b. a�ewn . At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on-site unit requirements of Section 12-23-6A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off- site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees -in -lieu. The Planning and Environments' Gommiss on Fmay approve payment of a fee in lieu for each employee to be housed, or a portion thereo ifed by this Ghapter. a. The fee -in -lieu for each employee to be housed shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide housing for the employee to be housed in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. C. Fees -in -lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from fees -in -lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept the conveyance of property off-site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property that would limit the construction of EHUs. B. PaFt a! fees in I' ..me the- numbeff of employees generated underthis Ghaptef-fesuffs . 12-23-7: MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed. off-site, or otherwise acquired in anticipation of future commercial development or redevelopment, provided that those EHUs meet all applicable requirements of this Title. However, the construction or acquisition of EHUs in anticipation of future development is at the sole risk of the applicant, because the commercial development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for commercial development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. It shall be the applicant's responsibility to provide documentation of any existing EHU credit upon submission of an application for development review. It the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credit. 12-23-8: ADMINISTRATION: A. Each application for development review, except those exempt pursuant to Section 12-23-5, shall include an employee housing plan erstatement of exemption -which includes the following: B. An employee housin"an shall include the following: 1. Calculation Method. The calculation of employee generation, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-23-3, Size and Building Requirements; 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 5. Off -Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal; , 6. Off -Site Conveyance Request. A request for an off-site conveyance shall include a brief statement explaining the basis for the request; 7. Fees -in -lieu. A proposal to pay fees -in -lieu shall include a brief statement explaining the basis of the proposal; and 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. C. B. Review: 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 1.25 employees. 2. The Planning and Environmental Commission shall approve, approve with modifications or deny an employee housing plan unless the plan involves a total mitigation requirement of less than 1.25 employees; the development plan is located within a Special Development District; or the plan includes a request to convey property., In which case the Town -Council--small approve,- appfeve with -modifications, -of deny the employee-housingplan: 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development District or a plan requesting to convey property. 4. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. ♦ - C. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapter. E-, D. An approved employee housing plan shall become part of the approved application for development review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 12-23-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee rented and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to rent occupy the EHU, rental efforts are unsuccessful. E. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the Town to the Town of Vail Community Development Department containing the following information: 1. Evidence to establish that the EHU has been occupied throughout the year by an employee; 2. The rental rate (unless owner -occupied); 3. The employee's employer; and 4. Evidence to demonstrate that at least one tenant person residing in the EHU is an employee. 12-23-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected commercial development or redevelopment. 12-23-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-23-12: REVIEW: A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. Saturday, May 10, 2008 i, C39 B. Planning and Environmental Commission review. Any applicant for commercial development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi-judicial hearing and conducted according to the Town's rules and regulations regarding quasi-judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensationpursuantto applicable law. If the Town Council determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 25. Chapter 12-24, Inclusionary Zoning, of the Vail Town Code is hereby amended as follows (text to be deleted is in "through, text that is to be added is bold): 12-24-1: PURPOSE AND APPLICABILITY A. The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. B. This Chapter shall apply to all new residential development and redevelopment located within the following zone districts, except as provided in Section 12-24-5: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CCI); 5. Commercial Core 2 (CC2); 6. . Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1 (LMU1); 12. Lionshead Mixed Use 2 (LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). - C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 12-24-2: EMPLOYEE HOUSING REQUIREMENTS: Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the Town by providing employee housing at a mitigation rate of ten percent (10%) of the total new GRFA. For example, for a development proposing 5,500 square feet of new GRFA the calculation would be as follows: 5,500 square feet of new GRFA x 10% mitigation rate = 550 square feet of employee housing to be provided 12-24-3: BUILDING REQUIREMENTS: A. Table 24-1, Size of Employee Housing Units, establishes the minimum size requirements for EHUs under this Chapter. All EHUs shall meet or exceed the minimum size requirements. TABLE 24-1 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Dormitory 250 Studio 438 One -Bedroom 613 Two -Bedroom 788 Three or More -Bedroom 1,225 B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided as-fequired-by in accordance with Chapter to of this Title 1. Exception for on-site EHUs: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, car -share programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. F-.------- EHUs shall -not be- included --in- the -Town's ealeulations- for -densityeontfol:... G:--- -Eye ry-EHU- shall -beaNe V efage area--Any-EHU-that does -not have -a-garage shall include etto space - 12 -24-4: REDEVELOPMENT: Employee housing need only be provided for the increase in the GRFA of a redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to other requirements of this Chapter. 12-24-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The remodeling of an existing dwelling unit; 2. The replacement of a demolished residential development, provided the replacement structure does not exceed the total GRFA of the original structure: and 3. The construction of EHUs. 12-24-6: METHODS OF MITIGATION: A. For all new construction (i.e. development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 438 sq. ft. or greater, no less than one-half (%) the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: C40 Saturday, May 10, 2008 a. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. C. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a "Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 4. An applicant may provide a payment of fees -in -lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 438 sq. ft. of EHU floor area. 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12-24-613 below. A, B. For all development projects except those mitigated by Section 12-24-6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this Title, the choice of method(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. 1. On-site units. 1. On-site units. a. Chapter.on site E' 'Us we deed restreted n aecofdance with this All on-site EHUs shall be deed restricted as a "Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. b. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town of Vail on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on-site unit requirements of Section 12-24-6A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off-site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees -in -lieu. The Planning and En.irenmental Gomm ssion may eppreve-pdymentof­� a. The fee -in -lieu for each square foot shall be established annually by resolution of the Town Council, provided that in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide the square feet in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. C. Fees -in -lieu shall be due and payable prior to the issuance of a building permit for the development. d. The Town shall only use monies collected from the fees -in -lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept a conveyance of real property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the property that would limit the construction of EHUs. 12-24-7 MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in anticipation of future residential development or redevelopment, provided that those EHUs meet all applicable requirements of this Chapter. However, the construction or acquisition of EHUs in anticipation of future development is at the risk of the applicant, because the residential development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. It shall be the applicant's responsibility to provide documentation of any existing EHU credits upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credits. 12-24-8: ADMINISTRATION: A. Each application for development review, except those exempt pursuant to Section 12-24-5, shall include an employee housing plan which includes the following: B. An employee hous ng plan shall lnekide-the4ollowm@- 1. Calculation Method. The calculation of the inclusionary zoning requirement, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-24-3, Building Requirements; 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 5. Off -Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal; 6. Off -Site Conveyance Request. A request for an off-site conveyance shall include a brief statement explaining the basis for the request; and 7. Fees -in -lieu. A proposal to pay fees -in -lieu shall include a brief statement explaining the basis of the proposal. 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. THE VAIL DAILY 970.949.0555 vaildaily.com G. B. Review: 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 438 square feet of EHU floor area. 2. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan unless the plan involves less than 438 square feet of EHU floor area; the development plan is located within a Special Development District; or the plan includes a request to convey property, and then the Town Gounc 1 shall approveappfove-with 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development District or a plan requesting to convey property. 4. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. C. If modifications to a submitted application for development review changes the obligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapter. E: D. An approved Employee Housing Plan shall become part of the approved application for development review for the affected site. E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Administrator. 12-24-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee rented and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to rent occupy the EHU, rental efforts are unsuccessful. E. No later than February 1 of each year, the owner of each EHU shall submit a sworn affidavit on a form provided by the Town with the following information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year; 2. The rental rate (unless owner -occupied); 3. The employee's employer; and 4. Evidence to demonstrate that at least one tenant person residing in the EHU is an employee at a business located in Eagle County. 12-24-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected residential development. 12-24-11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-24-12: REVIEW: A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for residential development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi-judicial hearing and conducted according to the Town's rules and regulations regarding quasi-judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. Section 26. 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 27. 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 28. 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 proceedir+g 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 29. 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 May, 2008 and a public hearing for second reading of this Ordinance set for the 20th day of May, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Attest: Lorelei Donaldson, Town Clerk Published in the Vail Daily, May 10, 2008 Richard D. Cleveland, Mayor ro O cn N W x y ("D q m C O O.U�Q n � m PDw coo � � coo C � C CD `C w `�" a O b w w Co b a • �cs " • D rD Q. a CD c CD� n �. CD �s .0 S. CA o a � a a o t4 CD vCDo ° CCD ° v N O d 'C O p fA7 CD O CDCA A� ry c .-r ° °° CDD �. .o ¢ � o � CD CD o In CD ID Ln o CD a.o CD SID o CD CDcn CD 00 o P � �. � m CD CLCr w o a. G ... CD CD . a CD CDCD-t 6� Q+ N CD ° CD CD CD o C cr Q- o o ' CD.� n CD " 0 C) �00 CD CD C) CD CD w C CD acnes p °'� Z CD o o CUt�7, �. � d CD MCD CD CD cn o -1 CD CD CD G O W N O N S CL CD CD Ln Gn CD E a 5' °, Ln °, �c cn N W C38 Saturday, May 24, 2008 THE VAIL DAILY 970.949.0555 vaildaily.com ORDINANCE NO. t SERIES 2008 AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF WORDS AND TERMS; ARTICLES 12-6A, HILLSIDE RESIDENTIAL DISTRICT; 12-6B, SINGLE-FAMILY RESIDENTIAL DISTRICT; 12-6C, TWO-FAMILY RESIDENTIAL DISTRICT; 12-613, TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F, LOW DENSITY MULTIPLE -FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE - FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE -FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL CORE 2 DISTRICT; 12-71), COMMERCIAL CORE 3 DISTRICT; 12-7E, COMMERCIAL SERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H, LIONSHEAD MIXED USE 1 DISTRICT; LIONSHEAD MIXED USE 2 DISTRICT; 12- 7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12-8A, AGRICULTURAL AND OPEN SPACE DISTRICT; 12-8D, SKI BASE/RECREATION DISTRICT; 12-8E, SKI BASE/RECREATION 2 DISTRICT; 12-98, PARKING DISTRICT; 12- 9C, GENERAL USE;, CHAPTER 12-13, EMPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AND CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on March 10, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23, Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, must be amended to clarify the basis on which Employee Housing Plans shall be reviewed: and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the e, iopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of to Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated March 10, 2008, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 12-2, Definitions, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethroagh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-2-2: Definitions of Words and Terms FLOOR AREA, NET : The total floor area within the enclosing walls of a structure not including the following: A. Areas specifically designed and used for mechanical equipment to operate the building. B. Stairways. C. Elevators. D. Common hallways. E. Common lobbies. F. Common restrooms. G. Areas designed and used for parking. H. Areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eight percent (8%) of the total proposed net floor area for retail. "Common areas" are spaces for which all tenants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6A-2: PERMITTED USES: The following uses shall be permitted in the HR district: Single-family residential dwellings. Type IV employee housing un ts Employee Housing Units, as further regulated by chapter 13 of this title. Type V employee housing unit, one peF let, as set forth in chapter 43 of this title. Section 3. Article 12-6B, Single Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strkethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6B-2: PERMITTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. Type'IEmployee Housing Units, as further regulated by chapter 13 of this title. Type IV engpleyee hous ng un is, as further regulated by ehapter 13 ei this I tie. Section 4. Article 12-6C, Two -Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sHikethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R district: Single-family residential dwellings. Two-family residential dwellings. Type+ employee hous ng un ts Employee Housing Units, as further regulated by chapter 13 of this title. Type 11 emplayee hous mg units, as further regulated by chaptef 13 of this t tle Type IV employee hous ng units, as fuFtheF regulated by chapter 13 of this t tie. Section 5. Article 12-60, Two -Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sKikeHxeugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings. Type -4 employee housing un Is Employee Housing Units, as further regulated by chapter 13 of this title. Type 11 employee housing un ts, as further regulated by ehaptef 13 of this I ile Type IV empleyee hous ng un ts, as fuftheF regulated by chapteF 13 of this title. Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sHikethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6E-2: PERMITTED USES: The following uses shall be permitted in the RC district: Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings with no more than four (4) units in any new building. Single-family residential dwellings. Two-family residential dwellings. Type IV Employee Housing Units, as further regulated by chapter 13 of this title. 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7Al3 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type III 4t4e- Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 7. Article 12-6F, Low Density Multiple -Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sfrikethrangh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. Type IV employee hensing units Employee Housing Units, as further regulated by chapter 13 of this title. 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-1.8 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type -144 ' tHie: Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 8. Article 12-6G, Medium Density Multiple -Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikefMeugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6G-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. Type IV Employee Housing Units, as further regulated by chapter 13 of this title. 12-6G-3; CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Employee Housing Units, as further regulated by Chapter 13 of this Title Section 9. Article 12-6H, High Density Multiple -Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in striketMeugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-1-2: PERMITTED USES:. The following uses shall be permitted in the HDMF district: Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. Type IV Employee Housing Units, as further regulated by chapter 13 of this title. 12-61-1-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. Employee Housing Units, as further regulated by Chapter 13 of this Title Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. . Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing, in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Business offices and professional offices.as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. Type V1 engplayee hous ng un Is Employee Housing Units, as further regulated by chapter 13 of this title. Section 11_ Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sfrikefhreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Type4V-mss Employee Housing Units, as further regulated by chapter 13 of this title. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. Public parking structures. Public parks and recreational facilities. THE VAIL DAILY 970.949.0555 i vaildaily.com ORDINANCE NO. 11 SERIES 2008 AN ORDINANCE AMENDING TITLE 4 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 12, ENTITLED "SEXUALLY ORIENTED BUSINESSES"; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the `Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter'); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council finds and determines that sexually oriented businesses produce adverse secondary effects on the public health, safety and welfare; and WHEREAS, such adverse secondary effects include increased rates of certain crimes, including prostitution, robbery, assault, theft, loitering, pandering and public intoxication, the spread of sexually transmitted diseases, the debasement of both men and women, a decrease in property values for surrounding properties, and noise, parking and traffic problems; and WHEREAS, such adverse secondary effects occur most often in the areas immediately surrounding such businesses; and WHEREAS, the Council, in enacting this ordinance, expressly relies on the findings of the 10th Circuit Court of Appeals in Z.J. Gifts D-2, LLC v. City of Aurora, 136 F.3d 683 (10th Cir. 1998), reversed on other grounds at 311 F.3d 1220 (10th Cir. 2002), reversed at 541 U.S. 774 (2004), and Essence, Inc. v. City of Federal Heights, 285 F.3d 1272 (10th Cir. 2002), concerning the adverse second- ary effects of sexually oriented businesses on communities in Colorado and elsewhere; and WHEREAS, the Council. in enacting this ordinance, expressly relies on the findings of the United States Supreme Court in City of Lo Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002)., Renton v. Playtime Theatres, Inc., 475 U.S. 41 .(1986), and Boos v. Barry, 48 U.S. 312 (1988), concerning the adverse secondary effects of sexually oriented businesses on surrounding areas; and WHEREAS, to reduce the adverse secondary effects caused by sexually oriented businesses in the Town, the Council deems it ap- propriate and necessary to adopt regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of a new Chapter 12, which shall read as follows: CHAPTER 12 4-12-1: PURPOSE: SEXUALLY ORIENTED BUSINESSES The purpose of this Chapter is to promote and protect the public health, safety and welfare by regulating sexually oriented businesse 'through the establishment of reasonable and uniform regulations to reduce the adverse' secondary effects of sexually oriented busi- nesses within the Town. This Chapter is not intended to limit or restrict the content of any communicative materials, including sexu- ally oriented materials. This Chapter is not intended to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution or Article II, § 10 of the Colorado Constitution or to deny access of distributors or exhibitors of sexually oriented entertainment to their intended market. Finally, this Chapter is not intended to condone or legitimize the distribution of obscene material. 4-12-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: ADULT ARCADE: Any commercial establishment in which the public is permitted or invited where, for any form of consideration, one (1) or more motion picture projectors, slide projectors, image or virtual reality producing machines or similar machines, for viewing by free (5) or fewer persons per machine at any one time, are used regularly to show films, motion pictures, video cassettes, slides, digital images, electronic reproductions or photographs describing, simulating or depicting specified sexual activities or specified anatomical areas. ADULT STORE: Any commercial establishment which, as one of its principal business purposes, offers for sale or rent for any form of consideration one or more of the following: (1) books, magazines, periodicals or other printed matter, or photographs, films, mo- tion pictures, video cassettes, slides, compact discs, digital video discs (DVDs), digital images or other visual representations which are characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas; or (2) instruments, devices or paraphernalia designed for use in connection with specified sexual activities. ADULT CABARET: A nightclub, bar, restaurant or similar commercial establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by the exhibition of specified sexual activities. ADULT MOTION PICTURE THEATER: A commercial establishment which is characterized by the showing, for any form of con- sideration, of films, motion pictures, video cassettes, slides, compact discs, digital video discs (DVDs), digital images or other visual representations that have an. emphasis on depicting or describing specified sexual activities or specified anatomical areas. ADULT THEATER: A theater, auditorium or similar commercial establishment which, for any form of consideration, regularly features live performances which are characterized by an emphasis on exposure of specified anatomical areas or specified sexual activities. CONVICTED: Having been found guilty by a judge or a jury or entering a guilty plea or a plea of nolo contendere, and includes deferred judgments, deferred sentences, deferred adjudications and plea bargains, whether or not an appeal of such conviction is pending; excluding any conviction overturned or vacated by appeal or other force of law. EMPLOYEE: A person who works or performs work or service in or for a sexually oriented business on a ful!-time, part-time or con- tract basis, with or without compensation, regardless of whether such person is designated as an employee, independent contractor, agent, volunteer or any other status; excluding any person on the premises for repair or maintenance of the premises or for delivering or removing tangible personal property to or from the premises. LICENSED PREMISES: The building or structure in which a licensed sexually oriented business is operating. SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion picture theater or adult theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State of Colorado engages in approved and recognized sexual therapy. SPECIFIED ANATOMICAL AREAS means any of the following: (1) human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola, which are not completely and opaquely covered; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. SPECIFIED CRIME: Any of the following crimes committed under the penal or criminal code of any municipality, county, state or country: sex crimes against children; sexual abuse; sexual assault; possession or distribution of child pornography; distribution of an illegal controlled substance; prostitution, promotion of prostitution or pandering; and organized crime if such organized crime is com- mitted within the premises of a sexually oriented business in the Town or elsewhere. SPECIFIED SEXUAL ACTIVITIES: Any of the following: 1. Fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts; 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy; 3. Masturbation, actual or simulated; or 4. Human genitals in a state of sexual stimulation or arousal; human excretory functions as part of or in connection with any of the activities set forth in subsections 1. through 4. hereof. 4-12-3: LICENSE REQUIRED: All sexually oriented businesses in the Town shall be licensed as set forth in this Chapter, and it shall be unlawful for any person to operate a sexually oriented business in the Town without a valid license issued pursuant to this Chapter. 4-12-4: LICENSE APPLICATION: A. Applicants for a sexually oriented business license shall submit a written application to the Town Clerk which includes the following: 1. The name, address, telephone number and date of birth of the applicant and, if applicable, each of its officers, partners, directors and registered agents; 2. The trade name of the applicant and copies of all documents recording the trade name, including the trade name af- fidavit; 3. The name of any other sexually oriented business in which any officer, director or partner has a financial interest; 4. The address of the premises to be licensed; 5. If the applicant is a corporation, copies of the articles of incorporation, bylaws and last annual report; 6. Copies of documents demonstrating that the applicant has a legal right to possession of the premises to be licensed; 7. A sketch, drawing or diagram drawn to scale and showing the configuration of the premises, including total floor area to be occupied by each sexually oriented business; and 8. A description of the type of sexually oriented business proposed, such as an adult store; adult cabaret, adult theater or adult motion picture theater. B. Each application shall be verified and acknowledged to be true by the applicant or the managing partner, president or other officer having the authority to sign for the applicant. C. Each application shall be accompanies by a non-refundable application fee in accordance with a fee schedule main- tained by the Town Clerk. 4-12-5: BACKGROUND INVESTIGATION: A- Upon receipt of a completed application, the Town Clerk shall perform a background investigation of the applicant and its officers, directors and partners, and the information contained in the application. B. The Town Clerk may to investigate any fact related to any of the criteria set forth in this Chapter that may be relevant to determine the eligibility of the applicant for a sexually oriented business license. C. The Town Clerk may seek and obtain the assistance of law enforcement agencies in conducting the background inves- tigation. D. The background investigation shall be completed within forty-five (45) days of receipt of the completed application. 4-12-6: ISSUANCE OR DENIAL: A. Within ten (10) days of the completion of the background investigation, the Town Clerk shall either issue the sexually oriented business license or issue a written statement of denial. The license or statement of denial shall be sent via United States mail, postage prepaid, to the applicant at the address provided on the application. The Town Clerk shall issue the license unless one or more of the following is true:. 1. The applicant has not paid all required fees. 2. _ The applicant or any of its officers, directors or partners is under eighteen (18) years of age; 3. The applicant is not qualified to conduct business under applicable state or federal law or Town ordinances; 4. The applicant has knowingly provided false information to the Town on an application for a sexually oriented business license; 5. The location of the proposed sexually oriented business does not comply with the location requirements set forth in the Town's zoning ordinance; 6. The premises in which the sexually oriented business is proposed to be located does not comply with applicable Town ordinances, such as the building code, electrical code or fire code; T The applicant is delinquent in the payment of any taxes, fees, or other payments owed to the Town; or 8. The applicant or any of its directors, officers or partners has been convicted of a specified crime in the two (2) years preceding the date of the application. B. Within ten (10) days of the date of a written statement of denial, the applicant may submit a written request that the Town Clerk schedule a hearing before the Town Council on the application. The hearing shall be held at the next regularly scheduled Town Council meeting occurring at least ten (10) days after receipt of the written request. C. At the hearing, the applicant may present additional evidence, either documentary or through witness testimony, which is relevant to the applicant's eligibility for a sexually oriented business license. D. At the conclusion of the hearing or within ten (10) days thereafter, the Town Council shall either order that the Town Clerk issue the sexually oriented business license, or issue a written order denying the application for the sexually oriented business license. E. If the Town Council denies the application for a sexually oriented business license, the Town Council's decision shall be final, subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. 4-12-7: TERM OF LICENSE; RENEWAL: A. All sexually oriented business licenses issued under this Chapter shall be valid for one year from the date of issuance, unless revoked or suspended as provided in this Chapter. B. Written application for renewal of a sexually oriented business license shall be filed with the Town Clerk at least sixty (60) days prior to the expiration of the current license, together with the applicable annual license fee. If no application for renewal is timely filed, the licensee has waived its option to renew the license and must re -apply for a new. license. C. Applications for renewal shall include the same information as an original application, except as the Town Clerk deems redundant. D. The procedures for renewal license applications shall be the same as the procedures for new license applications. 4-12-8: LICENSE NONTRANSFERABLE: Saturday, May 24, 2008 it t, A sexually oriented business license issued under this Chapter is nontransferable. By way of example but not limitation, a new sexu- ally oriented business license shall be required upon: the sale, lease or sublease of the sexually oriented business or the licensed - premises; the transfer by sale, exchange or similar means of a controlling interest in the sexually oriented business; or the establish- ment of a trust, gift, or similar legal device which transfers ownership or control of the sexually oriented business or the licensed premises, other than transfer by bequest or other operation of law upon the death of the person possessing ownership or control. 4-12-9: SUSPENSION AND REVOCATION: A. The Town Clerk may suspend or revoke any sexually oriented business license issued under this Chapter if the Town Clerk receives reliable information to establish that: 1. A nuisance is being maintained on the licensed premises; ' 2. The licensed premises are unsanitary as certified by the Eagle County Department of Health; 3. The licensed premises are unsafe as certified by the Town's building official, the fire marshal or the fire chief; 4. The licensee has knowingly permitted on the licensed premises: the possession, sale or use of. illegal controlled sub- stances; any specified sexual activity; or prostitution; 5. The licensee or any of its officers, directors, partners or employees has been convicted of a specified crime during the term of the license; or 6. The licensee knowingly provided false information on an application for a sexually oriented business license or renewal of such a license. B. At least twenty (20) days before the Town Clerk suspends or revokes any sexually oriented business license, the Town Clerk shall provide written notice to the licensee, via United States mail, postage prepaid, to the address provided on the most recent application, of the allegations supporting the suspension or revocation. - S C. During the twenty (20) day period, the licensee may file a written request for a stay of the suspension or revocation 5 pending a hearing before the Town Council on the allegations to support the suspension or revocation. D. The hearing shall be held at the next regularly scheduled Town Council meeting at least ten (10) days after receipt of the request. to E. At the hearing, the applicant may present additional evidence, either documentary or through witness testimony, which is relevant the suspension or revocation. F. At the conclusion of the hearing or within ten (10) days thereafter, the Town Council shall order that the sexually oriented business license be suspended for a period of time not to exceed one hundred eighty (180) days, or that the license be ^ revoked, or that no action be taken with respect to the license. G. If the Town Council orders suspension or revocation, the Town Council's decision shall be final, subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. S 4-12-10: GENERAL REGULATIONS: A. All licensed premises shall comply with all applicable Town regulations and ordinances, including but not limited to the building code, fire code,, electrical code, zoning regulations, business licensing and sales tax collection. B. Every sexually oriented business license issued under this Chapter shall be displayed in a conspicuous place on the licensed premises in a clear cover or frame, and shall be available for inspection at all times by the public. C. All licensed premises shall be maintained in a clean and sanitary condition, and shall be cleaned at least once daily and more frequently when necessary. D. Trash and garbage shall not be permitted to accumulate in any licensed premises or on the property outside any licensed premises. E. All materials, devices and novelties offered by a sexually oriented business which depict specified sexual activities or specified anatomical areas shall be displayed so that they cannot be seen by anyone other than customers who have entered the licensed premises. 4-12-11: DANCE AND ENTERTAINMENT REQUIREMENTS: A. An adult cabaret or adult theater at which employees dance shall have one or more stages or similar structures spe- cially designed for dancing, which shall be constructed in accordance with applicable building code regulations, and located inside the licensed premises. Employees shall dance only upon such stage or structure. B. When an employee dances on a structure which is designed to hold not more than two (2) persons, the structure shall be level, of sturdy construction and securely fastened to the floor or wall during dance performances. Steps and handrails shall be required on all such stages and structures where the platform on which the employee dances is more than eight inches (8") above the surface upon which the structure rests. C. Any adult cabaret or adult theatre shall have one or more separate areas designated in the diagram submitted as part of the application as a stage for the licensee or employees to perform as entertainers. Entertainers shall perform only upon the stage, and the stage shall be fixed and immovable. D. No seating for the audience shall be permitted within three feet (3') of the edge of any stage, and no members of the audience shall be permitted upon any stage or within three feet (3') of the edge of any stage. 4-12-11: LIGHTING REQUIREMENTS: A. When the occupant capacity of any licensed premises, as determined by the fire department, is at least fifty persons, such licensed premises shall have electric, battery-operated emergency lights using reliable storage batteries properly maintained and charged. B. The interior portion of a licensed premise to which patrons are permitted access shall be equipped with overhead light- ing fixtures of sufficient intensity to illuminate every place at an illumination of not less than two (2) foot-candles as measured at the floor level. It shall be the duty of the licensee and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises. 4-12-12: HOURS OF OPERATION: It is unlawful for a sexually oriented business to be open for business or for the licensee or any employee of a licensee to allow patrons upon the licensed premises on any Monday through Saturday between 2:00 a.m. and 7:00 a.m.; and on any Sunday between 2:00 a.m. and 8:00 a.m. 4-12-13: AGE RESTRICTIONS: A. It is unlawful for a licensee to admit or permit the admission of any person less than eighteen (18) years of age into any sexually oriented business. B. It is unlawful for any person to sell, barter, give, or offer for sale, barter or gift, to any person under eighteen (18) years of age any service, material, device or thing sold or offered for sale by any adult store or adult motion picture theater. C. Employees of any sexually oriented business shall be at least eighteen (18) years of age. 4-12-14: CONDUCT: A. No licensee or employee shall encourage or knowingly permit any person on or within the licensed premises to touch, caress or fondle the genitals, pubic region, buttocks, anus or breasts of any person. B. No licensee or employee shall knowingly fail to immediately report to the police department any criminal conduct or violation of any Town ordinance or state or federal law, rule or regulation that occurs on or within the licensed premises. C. No person shall engage in specified sexual activities on or within a licensed premise. D. No licensee or employee mingling with patrons or serving food or drinks shall be unclothed or in such attire, costume or clothing so as to expose to view any specified anatomical area. E. No employee shall receive tips from patrons except as provided herein. A licensee that desires to provide for tips from its patrons shall establish one or more boxes or other containers to receive tips. All tips for employees shall be placed by patrons into the tip box. The licensee shall post one or more signs to be conspicuously visible to patrons in letters at least one inch (1") high to read as follows: "All tips are to be placed in tip box and not handed directly to the entertainer. Any physical contact between the patron and the entertainer is strictly prohibited." 4-12-15: INSPECTION: Every licensee shall permit law enforcement officers and any other federal, state, county or Town agency in the performance of any function connected with the enforcement of this Chapter and normally and regularly conducted by such agency, to inspect the licensed premises for the purpose of ensuring compliance with this Chapter, at any time the licensed premises is occupied or open for business. 4-12-16: EMPLOYEE IDENTIFICATION: Each licensee shall provide to the Town Clerk, in writing, the full name, any aliases, date of birth, and the current address and tele- phone number of every employee of the licensee within five (5) days of employment. 4-12-17: EXEMPTIONS: Notwithstanding anything to the contrary in this Chapter, the following businesses and activities shall be exempt from the require-- ments of this Chapter: 1. Any adult stare which derives less than ten percent (10%) of its gross income from the sale of materials depicting specified sexual activities or specified anatomical areas, if such materials are located in a separate room or booth containing those materials only. 2. Any college, junior college or university supported, in whole or in part, by tax revenue and offering educational programs which, for educational purposes, may include the depiction of specified sexual activities or specified anatomical areas. 4-12-18: REGULATIONS NOT EXCLUSIVE: Nothing contained in this Chapter shall limit the effectiveness or applicability of any other provision of this Cade to any sexually oriented business. 4-12-19: PENALTIES: A. It shall be unlawful for any person, corporation or other entity to violate any provision of this Chapter, and any sucq) lation shall be subject to a fine not to exceed nine hundred ninety-nine dollars ($999.00) and imprisonment for a period not to exceed one hundred eighty (180) days, or both such fine and imprisonment, provided that no person under the age of eighteen (1 11) years of age shall be subject to imprisonment. Each and every day of violation of the provisions of this Chapter shall constitute a separate offense punishable as such. B. In the event of violation of any of the terms and regulations set forth herein, the Town may obtain equitable relief, including injunctive relief, to require compliance with the provisions hereof. If the Town is successful in obtaining injunctive or other equitable relief, the costs and attorney fees incurred by the Town in such action shall be awarded to the Town in addition to any other relief. C. Nothing contained herein shall preclude the Town from enforcing the suspension and revocation provisions of this Chapter in addition to simultaneously or subsequently prosecuting alleged violations of this Chapter under this Section. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent Herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of May, 2008 and a public hearing for second reading of this Ordinance set for the 20th day of May, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Attest: Lorelei Donaldson, Town Clerk Richard Cleveland, Town Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of May, 2008. Attest: Lorelei Donaldson, Town Clerk Richard Cleveland, Town Mayor Published in the Vail Daily May 24, 2008. O CD CD A 0 G' M C vAi CD � CD a N CD O L C� N CL 0 N O O 00 N N J CD 0 M C vAi CD � CD a ° ° o'erCD CD a 0 CD CD A (DD c CD A '0 . O CD N a 0. p 0 CD CD 0� O 00p CLCD � O � � • b a. �. a; CD f�D " C ft I'D O. CD O p AO CD CDC A C Opo � � .�•� 'c3 � � '� CD 'C n CCDCD pi CD w CD CD O• �. a CD CD � "A CD p' ,o Ln o r CDCD 0 o -let 'CnD w CD'CD �. 0 C fl `' Ln l�7 CD o I w CD a au P) cn m r o. ° CD w CD o' o AN "CDCD (D w to En 0 CD CrQ sv cD o C � CCD G. CD CD 0 C' A P o �9 CD W CD a cn w :� o cD cD , a. vac Ln C -D c CD Pd °, p arc °, a 5' w N N J C34 ' Saturday, May 10, 2008 THE VAIL DAILY 970.949.0555 vaildaily.com ORDINANCE NO. a SERIES OF 2008 ORDINANCE NO. 8, SERIES OF 2008, AN ORDINANCE AMENDING CHAPTER 12-3, ADMINISTRATION AND ENFORCEMENT, VAIL TOWN CODE, TO ESTABLISH PROCEDURES FOR APPROVING PUBLIC ART IN PRIVATE DEVELOPMENT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, enhancement of public places by integrating the creative work of artists improves the pedestrian experience and promotes vibrancy, creativity and livelihood in the community; and WHEREAS, the presence of and access to public art enlivens the public areas of buildings and their grounds and makes them more welcoming; and WHEREAS, the aesthetic value of public art mitigates the negative impacts that development has on the Town; and WHEREAS, Town of Vail seeks to clarify procedures for mitigation of development impacts through public art in private development; and WHEREAS, March 10, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval of the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations the Town of Vail;and WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the proposed amendments further the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural en- vironment 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.The purpose of this ordinance is to and Chapter 1 Administration and Enforcement, Vail Town Code, in order to establish procedures for reviewing public art in private development that is considered a mitigation of development impacts (Text that is to be deletedd is stricken. Text that is to be added famebold. Sections off text that are not amended may be omitted.) Section 2. Section 12-2-2 is hereby amended as follows: 12-2-2: Definitions Of Words and Terms: ART IN PUBLIC PLACES BOARD (AIPPB): The Art In Public Places Board established pursuant to Chapter 3-3 of the Vail Town Code. LIMITED EDITION: One of no more than nine copies produced from an original artist's mold. PUBLIC ART: Any original creation of artwork that is accessible to the general public. Section 3.Section 12-3-3 is hereby amended as follows: 12-3-3: Appeals C.Appeal Of Planning And Environmental Commission Decisions, And Design Review Board Decisions and Art in Public Places Board Decisions: 1. Authority: The town council shall have the authority to hear and decide appeals from any decision, determination or interpretation bytFtdiptanhint ain" eAvirbdrtrtehtl311®mm*siBtDdMltbWesign review board provisions of this title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the plannin and env' in Public Places Board with respect to this title. Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered b this title. the community at large, but shall exceed in degree the general interest in community9 environmental commission or the design review board or the Art shall, m a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the town council determines good shared by all persons. The administrator shall determine the standing of an appellant. If the appellant objects to the administrator's determination r standing, the town council Y The alleged adverse interest may be shared in common with other members of determination stands. The town council may also call up a decision of the planning and environmental commission or the design review board or the Art in Public Places Board by a majority vote of those town council members present. that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or 3. Procedures: A written notice of appeal must be filed with the administrator within twenty (20) calendar days of the planning and environmental commission's decision or the design review board's daziAhe A the last day for filing an appeal falls on a Saturday, Sunday, or a town observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses For rt m Public Places Boardtlecision becoming final. If specific and articulate reasons for the appeal on forms provided by the town. The filing of such notice ofa by the name and addresses (person's mailing and property's physical) next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant a lic the managing agent or the board of directors of the condominium association) as well as notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days priort the hearing. A d environmental commissimrotttbeAlAsi@nV4dWt'cbI8tedeso6oardrd to the town council at the being filed. The town council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a P rant, property owner, and adjacent property owners (notification within a condominium protect shall be satisfied by rights under this chapter to appeal any interpretation or determination made by the planning and environmental commission or the design review boaedror9he Art n Publdio PlaceseBoard.before the town council on the appeal within forty (40) calendar days of the appeal pe iod not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any 4. Effect Ot Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrator rendering such decision, determination environmental commission (or the design review board in the case an design ffoceedings. The commission (or board) shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the planningand environmental guidelines or the Art in Public Places Board) and thea anon orm,erpretperil to life or writo ting , in which ca case of dings.design hec uimi sis ( r , artin al re PlacesB a ific appellant that a stay poses an imminent peril to life or property, in which crd a comm 5. Findings: The planning and environmental commission (or the design review board in the case of design guidelines or the Art in Public Places Board) shall on all appeals ecific findings of fa rth based design redly o the findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title have or have not been met. 6. Fee: The town council may set a reasonable fee for film an a make specific findings of fact based directly on the department of community development. The fee shall le paid at the time the appeal preAli filed. 1patdimg FoattmOANSMlde da?I�d�rt�rissioif�redssixpdrdeieyyi�dticfo�omraintained in the Section 4.Chapter 12-25 is hereby added as follows: 12-25: Public Art: 12-25-1: Purpose: The purpose of this Chapter is to establish guidelines, procedures and standards for the integration of public art into development projects in the Town. The enhancement of public improves the pedestrian experience and promotes vibrancy, creativity and livelihood in the community. The presence of and access to public art enlivens the public areas of buildings and their grounds and makes them more welcoming. deeper interaction with the places where we live, work, and visit. Public art illuminates the diversity and history of a community, and points to its aspirations for the future. A wealth of art and culture in the public realm will foster the economic development of the community. P c places by integrating the creative work of artists It creates a 12-25-2: Applicability: This Chapter shall apply to projects that have a public art component in the approved development plan, as part of a Special Development District or an exterior alteration or modification in the Public Accommodations (PA), Public Accommodations 2 (PA -2), Lionshead Mixed Use 1 (LMU-1), Lionshead Mixed Use 2 (LMU-2) and Ski Base Recreation 2 (SBR2) Districts. 12-25-3: Public Art Requirements: Eligible Public Art: The following, when produced in limited edition, shall be considered eligible as public art: Attached or site -integrated art elements such as passageways, bridges, street furniture, paving materials or artistic features within a garden; Mosaics, painted nted murals, or terrazzo covering walls, floors and passageways; ndependent or freestanding sculpture. Interdisciplinary artwork including the written word, glass, photography, sound, video or any other multi -media works of art appropriate for the site; Earthworks or the integration of natural and man-made materials in the landscape; Fountains and water features - Works tks that are decorative, ornamental functional elements of the architecture and that contemporary approaches sculpture, site furnishings, earthwork etc. are welcomed; or knyWor other project deemed eligible the AIPPB. Ineligible Public Art: The following shall not be eligible as public art: ieproductions or unlimited editions of original work; )fractional elements such as super -graphics, signage, or graphic elements already part of the project; or lusiness or corporate logos or signage. . Professional Artist: The public art projectshall be designed by an artist that meets at least two of the following criteria, provided that emerging artists who demonstrate a high level of competence, ability to create unique artistic enhancements, nderstanding of mediums and relationship of artwork to the site maybe acceptable at the discretion of the AIPPB. )The artist has obtained a Bachelor of Fine Art or Master of Fine Art from an accredited college or university. TThe artist has exhibition experience in a professional context (i.e. galleries, museum, art centers, or other exhibit venues). he artist has received peer recognition such as honorable mentions, awards, prizes, scholarships, appointments, or grants. TThe artist's work he artist is pursuing his/her work as a means of livelihood and/or a way to achieve the highest level of professional recognition. The artist's artwork has been held in n discussed rublin a c oriprivate collections. . unci Location: Public art shall be installed in a location that is open to the public and is visible from a pedestrian or vehicular way. Locations include, but are not limited to, community hubs or gathering places, portals, entrances or gateways, adjacent to sidewalks, joini .g parks and plazas, integrated into the floors, walls and ceilings within public areas and high traffic areas or areas along a bus route. The public art shall be located on site unless otherwise permitted to use town -owned property or right-of-way by the Vail Town -25-4: Public Art Review: Public Art Plan Required: When required public art, the applicant shall submit a public art plan for review by the Art in Public Places Board. The administrator may require the submission of additional plans, drawings, specifications, samples and other materials if erred necessary to properly evaluate the proposal. The public art plan shall include the following: Site plan showing location of art; Elevations and/or renderings of the project including public art component; Written description of proposed type of public art; Project schedule, including project and public art installation schedule; 8epresentations of the artwork (i.e. drawings, pictures of similar works by the artist); Estimated public art budget, for purposes of determining the amount of performance bond; and A written description of the maintenance plan. inal Review: Within thirty (30) days of submittal of the public art plan, the AIPPB shall review the public art plan at a regularly scheduled public hearing and shall make a determination of a ed on the requirements in Subsection C of this Section. The Design Review Board shall not have purview over any aspect of the public art within the project. pproval, approval with conditions or modifications, or denial, riteria for Review of Public Art Plan: Prior to approving a public art plan, the AIPPB shall find that the public art plan meets all of the following criteria: ompatibility with the site: Works of art shall be contextual to the site, and be compatible in style, scale, material, form, and content with their surroundings, and should enhance the relationships between the natural and man-made features of the ocation: The public art shall be viewable from public spaces, and shall be accessible to the public. ompatible with the architecture: Works of art that are decorative, ornamental or functional elements of the architecture shall be contextual to the architectural design of the building(s). cale: The scale of the artwork shall be commensurate with the scale of the development or redevelopment project. ublic Safety: Public art shall not create safety issues. ermanence: Public art that requires expensive or continual maintenance is discouraged. Public art shall be resistant to theft and vandalism. ppeals: AIPPB decisions may be appealed in accordance with the provisions in Section 12-3-3, Appeals, Zoning Regulations. 5-5: Public Art Completion and Performance Bonds: All public art installations that are not complete prior to issuance of a Certificate of Occupancy for the project will requires performance bond equal to fined in the public art plan. The public art shall be installed as outlined in the a Ilation. Following installation, applicants shall schedule a final inspection with the administrator. Upon a determination by the administrator that the public art installation is complete and in compliance with this Code approved public art plan within one year after issuance of Certificate of Occupancy for the project, or the Town may use the performance bond to complete the public art ormain t bond. q 125r of the estimated cost of the public art 5-6: Maintenance: Public art shall be maintained as outlined in the public art plan. Maintenance of the public art shall be the sole responsibility of the current roe , the d to run w release the re to maintain public art in compliance with the public art plan shall be considered a violation of this Chapter, subject to the penalties property rty owner in perpetuity, and this obligation shall be deemed to run with the land. ion 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 remainin rdinance, 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. g portions of this ordinance; and the Town Council hereby declares it would have passed ion 67he 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. Ion 7.The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, an dutyimposed, an violation that occurred prior to the effective date hereof, an eding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive an y y provision or any ordinance previously repealed or superseded unless expressly stated herein rosecution commenced, nor any other action or Ion 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 led. ODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of April, 2008 and a public hearing for second reading of this Ordinance set for the 6th day of May, 2008, at 6:00 P.M. in the cif Chambers of the Vail Municipal Building, Vail, Colorado. ST Richard D. Cleveland, Mayor i Donaldson, Town Clerk AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of May, 2008. T: Richard D. Cleveland, Mayor Donaldson, Town Clerk Published in the Vail Daily May 10, 2008. (1566428) .iV 2, -TH6MAM-DAFL1F " ;9 0 9.0555 ,,.. vaiidaily.c°om Saturday, May 10, 2008 C33 ORDINANCE NO. 11 SERIES 2008 AN ORDINANCE AMENDING TITLE 4 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 12, ENTITLED "SEXUALLY ORIENTED BUSINESSES"; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council finds and determines that sexually oriented businesses produce adverse secondary effects on the public health, safety and welfare; and WHEREAS, such adverse secondary effects include increased rates of certain crimes, including prostitution, robbery, assault, .theft, loitering, pandering and public intoxication, the spread of sexually transmitted diseases, the debasement of both men and women, a de- crease in property values for surrounding properties, and noise, parking and traffic problems; and WHEREAS, "such adverse secondary effects occur most often in the areas immediately surrounding such businesses; and WHEREAS, the Council, in enacting this ordinance, expressly relies on the findings of the 10th Circuit Court of Appeals in Z.J. Gifts D-2, LLC v. City of Aurora, 136 F.3d 683 (10th Cir. 1998), reversed on other grounds at 311 F.3d 1220 (10th Cir. 2002), reversed at 541 U.S. 774 (2004), and Essence, Inc. v. City of Federal Heights, 285 F.3d 1272 (10th Cir. 2002), concerning the adverse secondary effects of sexually oriented businesses on communities in Colorado and elsewhere; and WHEREAS, the Council, in enacting this ordinance, expressly relies on the findings of the United States Supreme Court in City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Boos v. Barry, 485 U.S. 312 (1988), concerning the adverse secondary effects of sexually oriented businesses on surrounding areas; and WHEREAS, to reduce the adverse secondary effects caused by sexually oriented businesses in the Town, the Council deems it appropriate and necessary to adopt regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: - Section 1.Title 4 of the Vail Town Code is hereby amended by the addition of a new Chapter 12, which shall read as follows: - CHAPTER 12 SEXUALLY ORIENTED BUSINESSES 4-12-1:PURPOSE: - The purpose of this Chapter is to promote and protect the public health, safety and welfare by regulating sexually oriented businesses through the establishment of reasonable and uniform regulations to reduce the adverse secondary effects of sexually oriented business- es within the Town. This Chapter is not intended to limit or restrict the content of any communicative materials, including sexually oriented materials. This Chapter is not intended to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution or Article ll, § 10 of the Colorado Constitution or to deny access of distributors or exhibitors of sexually oriented entertainment to their intended market. Finally, this Chapter is not intended to condone or legitimize the distribu- tion of obscene material. 4-12-2: DEFINITIONS: - For purposes of this Chapter, the following terms shall have the following meanings: ADULT ARCADE: Any commercial establishment in which the public is permitted or invited where, for any form of consideration, one (1) or more motion picture projectors, slide projectors, image or virtual reality producing machines or similar machines, for viewing by five (5) or fewer persons per machine at any one time, are used regularly to show films, motion pictures, video cassettes, slides, digital images, electronic reproductions or photographs describing, simulating or depicting specified sexual activities or specified anatomical areas. ADULT STORE: Any commercial establishment which, as one of its principal business purposes, offers for sale or rent for any form of consideration one or more of the following: (1) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, compact discs, digital video discs (DVDs), digital images or other visual representations which are characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas; or (2) instruments, devices or paraphernalia designed for use in connection with specified sexual activities. ADULT CABARET: A nightclub, bar, restaurant or similar commercial establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by the exhibition of specified sexuai activities. ADULT MOTION PICTURE THEATER: A commercial establishment which is characterized by the showing, for any form of consideration, of films, motion pictures, video cassettes, slides, compact discs, digital video discs (DVDs), digital images or other visual representations that have an emphasis on depicting or describing specified sexual activities or specified anatomical areas. ADULT THEATER: A theater, auditorium or similar commercial establishment which, for any form of consideration, regularly features live performances which are characterized by an emphasis on exposure of specified anatomical areas or specified sexual activities. CONVICTED: Having been found guilty by a judge or a jury or entering a guilty plea or a plea of nolo contendere, and includes deferred judgments, deferred sentences, deferred adjudications and plea bargains, whether or not an appeal of such conviction is pending; excluding any conviction overturned or vacated by appeal or other force of law. EMPLOYEE: A person who works or performs work or service in or for a sexually oriented business on a full-time, part-time or contract basis, with or without compensation, regardless of whether such person is designated as an employee, independent contractor, agent, volunteer or any other status; excluding any person on the premises for repair or maintenance of the premises or for delivering or removing tangible personal property to or from the premises. LICENSED PREMISES: The building or structure in which a licensed sexually oriented business is operating. - SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion picture theater or adult theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State of Colorado engages in approved and recognized sexual therapy. SPECIFIED ANATOMICAL AREAS means any of the following: (1) human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola, which are not completely and opaquely covered; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. SPECIFIED CRIME: Any of the following crimes committed under the penal or criminal code of any municipality, county, state or country: sex crimes against children; sexual abuse; sexual assault; possession or distribution of child pornography; distribution of an illegal controlled substance; prostitution, promotion of prostitution or pandering; and organized crime if such organized crime is committed within the premises of a sexually oriented business in the Town or elsewhere. SPECIFIED SEXUAL ACTIVITIES: Any of the following: 1.Fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts; 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy; 3. Masturbation, actual or simulated; or 4. Human genitals in a state of sexual stimulation or arousal; human excretory functions as part of or in connection with any of the activities set forth in subsections 1. through 4. hereof. 4-12-3: LICENSE REQUIRED: All sexually oriented businesses in the Town shall be licensed as set forth in this Chapter, and it shall be unlawful for any person to operate a sexually oriented business in the Town without a valid license issued pursuant to this Chapter. 4-12-4:LICENSE APPLICATION: A.Applicants for a sexually oriented business license shall submit a written application to the Town Clerk which includes the following: 1.The name, address, telephone number and date of birth of the applicant and, if applicable, each of its officers, partners, directors and registered agents; 23he trade name of the applicant and copies of all documents recording the trade name, including the trade name affidavit; 3.The name of any other sexually oriented business in which any officer, director or partner has a financial interest; 4.The address of the premises to be licensed; - 5.If the applicant is a corporation, copies of the articles of incorporation, bylaws and last annual report; 6.Copies of documents demonstrating that the applicant has a legal right to possession of the premises to be licensed; TA sketch, drawing or diagram drawn to scale and showing the configuration of the premises, including total floor area to be occupied by each sexually oriented business; and 8.A description of the type of sexually oriented business proposed, such as an adult store, adult cabaret, adult theater or adult motion picture theater. B:Each application shall be verified and acknowledged to be true by the applicant or the managing partner, president or other officer having the authority to sign for the applicant. C. Each applicationsha$ be accompanies by a non-refundable application fee in accordance with a fee schedule maintained by the Town Clerk. 4-125:BACKGRQUNII) INVESTIGATION: z - A.Upon receipt of a�'ci iMpletedapplication, the Town Clerk shall perform a background investigation of the applicant and its officers, directors and partners, and the information contained in the application. ` B.The Town Clerk mayto-investigate any fact related to any of the criteria set forth in this Chapter that may be relevant to determine the eligibility of the applicant for a sexually oriented business license. ` C.The Town Clerk may seek and obtain the assistance of law enforcement agencies in conducting the background investigation. D.The background investigation shall be completed within forty-five (45) days of receipt of the completed application. 4-12-6ASSUANCE OR DENIAL: A.Within ten (10) days of the completion of the background investigation, the Town Clerk shall either issue the sexually oriented business license or issue a written statement of denial. The license or statement of denial shall be sent via United States mail, postage prepaid, to the applicant at the address provided on the application. The Town Clerk shall issue the license unless one or more of the following is true: 1.The applicant has not paid all required fees. 2.The applicant or any of its officers, directors or partners is under eighteen (18) years of age; 3.The applicant is not qualified to conduct business under applicable state or federal law or Town ordinances; 43he applicant has knowingly provided false information to the Town on an application for a sexually oriented business license; 5.The location of the proposed sexually oriented business does not comply with the location requirements set forth in the Town's zoning ordinance; 63he premises in which the sexually oriented business is proposed to be located does not comply with applicable Town ordinances, such as the building code, electrical code or fire code; 7.The applicant is delinquent in the payment of any taxes, fees, or other payments owed to the Town; or 8.The applicant or any of its directors, officers or partners has been convicted of a specified crime in the two (2) years preceding the date of the application. B.Within ten (10) days of the date of a written statement of denial, the applicant may submit a written request that the Town Clerk schedule a hearing before the Town Council on the application. The hearing shall be held at the next regularly scheduled Town Council meeting occurring at least ten (10) days after receipt of the written request. C.At the hearing, the applicant may present additional evidence;"either documentary or through witness testimony, which is relevant to the applicant's eligibility for a sexually oriented business license. D.At the conclusion of the hearing or within ten (10) days thereafter, the Town Council shall either order that the Town Clerk issue the sexually oriented business license, or issue a written order denying the application for the sexually oriented business license. E.If the Town Council denies the application for a sexually oriented business license, the Town Council's decision shall be final, subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. 4-12-7:TERM OF LICENSE; RENEWAL: , A.AII sexually oriented business licenses issued under this Chapter shall be valid for one year from the date of issuance, unless revoked or suspended as provided in this Chapter. B.Written application for renewal of a sexually oriented business license shall be filed with the Town Clerk at least sixty (60) days prior to the expiration of the current license, together with the applicable annual license fee. If no application for renewal is timely filed, the licensee has waived its option to renew the license and must re -apply for a new license. C.Applications for renewal shall include the same information as an original application, except as the Town Clerk deems redundant. D.The procedures for renewal license applications shall be the same as the procedures for new license applications. 4-12-8: LICENSE NONTRANSFERABLE: - A sexually oriented business license issued under this Chapter is nontransferable. By way of example but not limitation, a new sexually oriented business license shall be required upon: the sale, lease or sublease of the sexually oriented business or the licensed premises; the transfer by sale, exchange or similar means of a controlling interest in the sexually oriented business; or the establishment of a trust, gift, or similar legal device which transfers ownership or control of the sexually oriented business or the licensed premises, other than transfer by bequest or other operation of law upon the death of the person possessing ownership or control. 4-12-9:SUSPENSION AND REVOCATION: A.The Town Clerk may suspend or revoke any sexually oriented business license issued under this Chapter if the Town Clerk receives reliable information to establish that: 1.A nuisance is being maintained on the licensed premises; 2.The licensed premises are unsanitary as certified by the Eagle County Department of Health; - 3.The licensed premises are unsafe as certified by the Town's building official, the fire marshal or the fire chief; 43he licensee has knowingly permitted on the licensed premises: the possession, sale or use of illegal controlled substances; any specified sexual activity; or prostitution; - 5.The licensee or any of its officers, directors, partners or employees has been convicted of a specified crime during the term of the license; or 6.The licensee knowingly provided false information on an application for a sexually oriented business license or renewal of such a license. B.At least twenty (20) days before the Town Clerk suspends or revokes any sexually oriented business license, the Town Clerk shall provide written notice to the licensee, via United States mail, postage prepaid, to the address provided on the most recent application, of the allegations supporting the suspension or revocation. C.During the twenty (20) day period, the licensee may file a written request for a stay of the suspension or revocation pending a hearing before the Town Council on the allegations to support the suspension or revocation. D.The hearing shall be held at the next regularly scheduled Town Council meeting at least ten (10) days after receipt of the request. E.At the hearing, the applicant may present additional evidence, either documentary or through witness testimony, which is relevant to the suspension or revocation. F.At the conclusion of the hearing or within ten (10) days thereafter, the Town Council shall order that the sexually oriented business license be suspended for a period of time not to exceed one hundred eighty (180) days, or that the license be revoked, or that no action be taken with respect to the license. G. If the Town Council orders suspension or revocation, the Town Council's decision shall be final, subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. 4-12-10:GENERAL REGULATIONS: A.AII licensed premises shall comply with all applicable Town regulations and ordinances, including but not limited to the building code, fire code, electrical code, zoning regulations, business licensing and sales tax collection. B.Every sexually oriented business license issued under this Chapter shall be displayed in a conspicuous place on the licensed premises in a clear cover or frame, and shall be available for inspection at all times by the public. C.AII licensed premises shall be maintained in a clean and sanitary condition, and shall be cleaned at least once daily and more frequently when necessary. D.Trash and garbage shall not be permitted to accumulate in any licensed premises or on the property outside any licensed premises. E.AII materials, devices and novelties offered by a sexually oriented business which depict specified sexual activities or specified anatomical areas shall be displayed so that they cannot be seen by anyone other than customers who have entered the licensed premises. 4.12-11:13ANCE AND ENTERTAINMENT REQUIREMENTS: A.An adult cabaret or adult theater at which employees dance shall have one or more stages or similar structures specially designed for dancing, which shall be constructed in accordance with applicable building code regulations, and located inside the licensed premises. Employees shall dance only upon such stage or structure. B.When an employee dances on a structure which is designed to hold not more than two (2) persons, the structure shall be level, of sturdy construction and securely fastened to the floor or wall during dance performances. Steps and handrails shall be required on all suchstages and structures where the platform on which the employee dances is more than eight inches (8") above the surface upon which the structure rests. - C.Any adult cabaret or adult theatre shall have one or more separate areas designated in the diagram submitted as part of the application as a stage for the licensee or employees to perform as entertainers. Entertainers shall perform only upon the stage, and the stage shall be fixed and immovable. D.No seating for the audience shall be permitted within three feet (3') of the edge of any stage, and no members of the audience shall be permitted upon any stage or within three feet (3') of the edge of any stage. 4-12-11: LIGHTING REQUIREMENTS: A.When the occupant capacity of any licensed premises, as determined by the fire department, is at least fifty persons, such licensed premises shall have electric, battery-operated emergency lights using reliable storage batteries properly maintained and charged. B.The interior portion of a licensed premise to which patrons are permitted access shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place at an illumination of not less than two (2) foot-candles as measured at the floor level. It shall be the duty of the licensee and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises. -4-12-12:HOURS OF OPERATION: It is unlawful for a sexually oriented business to be open for business or for the licensee or any employee of a licensee to allow patrons upon the licensed premises on any Monday through Saturday between 2:00 a.m. and 7:00 a.m.; and on any Sunday between 2:00 a.m. and 8:00 a.m. 4-12-13: AGE RESTRICTIONS: A.It is unlawful for a licensee to admit or permit the admission of any person less than eighteen (18) years of age into any sexually oriented business. B.It is unlawful for any person to sell, barter, give, or offer for sale, barter or gift, to any person under eighteen (18) years of age any service, material, device or thing sold or offered for sale by any adult store or adult motion picture theater. C.Employees of any sexually oriented business shall be at least eighteen (18) years of age. 4-12-14: CONDUCT: - - A.No licensee or employee shall encourage or knowingly permit any person on or within the licensed premises to touch, caress or fondle the genitals, pubic region, buttocks, anus or breasts of any person. B.No licensee or employee shall knowingly fail to immediately report to the police department any criminal conduct or violation of any Town ordinance or state or federal law, rule or regulation that occurs on or within the licensed premises. C.No person shall engage in specified sexual activities on or within a licensed premise. D.No licensee or employee mingling with patrons or serving food or drinks shall be unclothed or in such attire, costume or clothing so as to expose to view any specified anatomical area. E.No employee shall receive tips from patrons except as provided herein. A licensee that desires to provide for tips from its patrons shall establish one or more boxes or other containers to receive tips. All tips for employees shall be placed by patrons into the tip box. The licensee shall post one or more signs to be conspicuously visible to patrons in letters at least one inch (1 ") high to read as follows: "All tips are to be placed in tip box and not handed directly to the entertainer. Any physical contact between the patron and the entertainer is strictly prohibited." 4.12-15:INSPECTION: Every licensee shall permit law enforcement officers and any other federal, state, county or Town agency in the performance of any function connected with the enforcement of this Chapter and normally and regularly conducted by such agency, to inspect the licensed premises for the purpose of ensuring compliance with this Chapter, at any time the licensed premises is occupied or open for business. 4-12-16:EMPLOYEE IDENTIFICATION: Each licensee shall provide to the Town Clerk, in writing, the full name, any aliases, date of birth, and the current address and telephone number of every employee of the licensee within five (5) days of employment. 4.12-17:EXEMPTIONS Notwithstanding anyytthing to the contrary in this Chapter, the following businesses and activities shall be exempt from the requirements of this Chapter: 1.Arty adult store which derives less than ten percent (10%) of its gross income from the sale of materials depicting specified sexual activities or specified anatomical areas, if such materials are located in a separate room or booth containing those materials only. 2.Any college, junior college or university supported, in whole or in part, by tax revenue and offering educational programs which, for educational purposes, may include the depiction of specified sexual activities or specified anatomical areas. 4-12-18: REGULATIONS NOT EXCLUSIVE: Nothing contained in this Chapter shall limit the effectiveness or applicability of any other provision of this Code to any sexually oriented business. 4-12-19: PENALTIES: A.It shall be unlawful for any person, corporation or other entity to violate any provision of this Chapter, and any such violation shall be subject to a fine not to exceed nine hundred ninety-nine dollars ($999.00) and imprisonment for a period not to exceed one hundred eighty (180) days, or both such fine and imprisonment, provided that no person under the age of eighteen It 8) years of age shall be subject to imprisonment. Each and every day of violation of the provisions of this Chapter shall constitute a separate offense punishable as such. B.In the event of violation of any of the terms and regulations set forth herein, the Town may obtain equitable relief, including injunctive relief, to require compliance with the provisions hereof. If the Town is successful in obtaining injunctive or other equitable relief, the costs and attorney fees incurred by the Town in such action shall be awarded to the Town in addition to any other relief. C.Nothing contained herein shall preclude the Town from enforcing the suspension and revocation provisions of this Chapter in addition to simultaneously or subsequently prosecuting alleged violations of this Chapter under this Section. 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 Towh Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4.The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5.All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of May, 2008 and a public hearing for second reading of this Ordinance set for the 20th day of May, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Attest: Lorelei Donaldson, Town Clerk Richard Cleveland, Town Mayor Published in the Vail Daily May 10,2008. (1526741) 9 n/F � 0 z n TL N N J M V--4 CD &O Q- r. o A ` C ID � C � G N 'CS n G CD CDD CL M c�D O c a In :D `d 0 CD 0 CD CD CD t3 CD CD 0 a CD CDQn o_ CD yy C CD A O a o a r3 CD CD CD O cn p CDCL CD 0 CD CD CD p O. O o (7 CD (D ,,•y ° P ¢ 00 v (D C „'r mO w rA. � CD w 'D CD. CD K CD Cl, a`D "�1' & !�D a C� D O' o rD CD n p e CD CD 0 C:) .� o °�� o.W CD,a 6 0 0 a �n �� (D cn N a CD uCDC O Aj` O . cnD W N CD oCD � Q CD a " `�' a� a �' �:s ¢ o n CD �' w A CCD O N ° CDD CD RD W N N J THE VAIL DAILY 970.949.0555 vaildaily.com ORDINANCE NO. 10 SERIES OF 2008 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 31, SERIES OF 2007, CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR AREA A OF SDD NO. 4, IN ACCORDANCE WITH SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONSTRUCTION OF TWO ADDITIONS (DECK ENCLOSURES) TO THE SOUTH SIDE OF VAIL CASCADE HOTEL, LOCATED AT 1300 WESTHAVEN DRIVE/CASCADE VILLAGE SUBDIVISION; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to amend and re-establish Ordinance No. 31, Series of 2007, to amend the Development Plan for Development Area A, specifically the "Cascade Hotel and Chaps Restaurant", to allow for the construction of the proposed additions (deck enclosures): and WHEREAS, the proposed major amendment to the Special Development District is in the best interestof the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined In the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend the Development Plan for Special Development District No. 4. Cascade Village Development Area A. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance Ordinance No.. 31, Series of 2007, is hereby repealed and re-enacted by Ordinance No. 10, Series of 2008. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the Development Plan for Special Development District No. 4, Area A. Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. , "Transient residential dwelling unit or restricted dwelling unit' shall be defined as a dwelling unit located in a multi -family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres and Special Development District No. 4 and the 97.955 acres may be referred to as "SOD No. 4." B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known - As -- - Development Area Acreage Cascade Village A Coldstream Condominiums B 17.955 Glen Lyon Primary/Secondary and Single Family Lots C 4.000 Glen Lyon Commercial Site D 9.100 Tract K E 1.800 8.322 Dedicated Open Space 56 Cascades Roads 32.078 4.700 TOTAL Westhaven 97.955 Development Plan--Required--Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SOD No. 4 shall comply with Section 12-9A, Vail Town Code. Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-7B-3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office and educational uses shall be permitted on the first floor. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi -family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi -family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. Tuesday, May 13, 2008 C31 E. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A. Cascade Village 1 . Cascade Club addition of a wellness center not to exceed 4,500 square feet. - 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities: 5. Major arcades with no frontage on any public way, street, walkway or mall area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. ,Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro -brewery as defined in Town of Vail Municipal code, Chapter 12-2. E. Area E. Tract K 1. Public parks. 2. Public utility and public service uses. , 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C. Glen Lyon Primary/Secondary and Single -Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building. except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Density --Dwelling Units - The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of one hundred one (101) dwelling units for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots One -hundred four It 04) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined within Chapter 12-13, Vail Town Code. Density --Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Vail Town Code. D. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. TABLE 1: AREA A PARKING & DEVELOPMENT STATISTICS This table is a compilation of information from 'Chart 1' and 'Chart 2' in Ordinance No 31, Series of 2007 and the best available information found at the time including floor plans and Staff memorandums. Use Accommodation Units Dwelling Units GRFA (square feet) Commercial Square Barkin Provided- g Feet: On-site` Millrace 39 54,434 64 Liftside (Waterford) 29 + 2 EHU's 47,500 + 1.100 EHU's 56 Cascades 6 12 Westhaven Condominiums 13 32,000 29 Cascade Residences t 1 13 Total On-site" 174 A C32 °; Tuesday, May 13, 2008 Use Accommodation Dwelling Unit's Units' GRA (square Leet} Commercial Square Feet. Parking Requirement Cascade Hotel .148 55,457 A-1.1 115 Chap's Restaurant 01-31-05 A-1.2 4,735 39 Hotel Cafe A-1.3 Spring Equinox Sun Shading 2,160 18 Pepi Sports Summer Solstice Sun Shading Metter Architects 2,491 8 Fireside Bar Morter Architects 01-31-05 1,800 15 Blue Tiger 01-31-05 A-1.7 1,600 13 Terrace Rooms 120 58,069 Alpine Engineering 105 Terrace Retail Grading Plan (West Half) Alpine Engineering 5.856 20 Plaza Rooms 20 7,205 C004 16 Plaza Retail 03-14-05 C005 2,024 7 Plaza Conference C006 Utility Plan Alpine Engineering 35 '- Fitness Club Utility Details Alpine Engineering 5.886 30 Demolition Plan Total Parking Requirement for Uses Listed Above 03-14-05 421 Landscape Plan - Multiple use credit (10%) (421 x .10 = 42) - 42 = 379 L-2 Total Parking Spaces Provided in Parking Structure Dennis Anderson Assoc. 421 A2.0 Total Extra Parking Spaces in Parking Structure Morter Architects 42 On-site means the parking is provided within the building or near the use and NOT provided in the parking structure. Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D -Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt. Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt. Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92. Plan Level 48'-6753'-0', Gwathmey, Pratt, Schultz. 5. Waterford, Shbet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt. Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92.. Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11, Waterford. Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12, Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schultz, 13, Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet 43.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford. Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz, 21. Waterford. Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23, Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93. Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III,. Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28, Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace 111, Sheets #6 and #7, dated 5/6!93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario 1, a•'k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33, Millrace IV, Scenario i, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91, 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter -Mountain Engineering, Ltd. 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: Dwg. # Title Author Date A-1.0 Title Sheet Morter Architects 03-15-05 A-1.1 Vicinity Map Morter Architects 01-31-05 A-1.2 GRFA Summary Morter Architects 03-15-05 A-1.3 Spring Equinox Sun Shading Morter Architects 01-31-05 A-1.4 Summer Solstice Sun Shading Metter Architects 01-31-05 A-1.5 Fall Equinox Sun Shading Morter Architects 01-31-05 A-1.6 Winter Solstice Sun Shading Morter Architects 01-31-05 A-1.7 Site Plan Morter Architects 03-15-05 cool Cover Sheet Alpine Engineering 03-14-05 C002 Grading Plan (West Half) Alpine Engineering 03-14-05 C003 Grading Plan (East Half) Alpine Engineering 03-14-05 C004 Storm Drainage Plan Alpine Engineering 03-14-05 C005 Grading and Drainage Details Alpine Engineering 03-14-05 C006 Utility Plan Alpine Engineering 03-14-05 C007 Utility Details Alpine Engineering 03-14-05 C008 Demolition Plan Alpine Engineering 03-14-05 L-1 Landscape Plan Dennis Anderson Assoc. 03-15-05 L-2 Landscape Plan — Cascade Club Dennis Anderson Assoc. 03-15-05 A2.0 Parking Level Plan Morter Architects 03-15-05 A2.1 First Floor Plan Morter Architects 03-15-05 A2.2 Second Level Plan Morter Architects 03-15-05 A2.3 Third Level Plan Morter Architects 03-15-05 THE VAIL DAILY 970.949.0555 vaildaily.com A2.4 Fourth Level Plan Mortar Architects 03-15-05 A2.5 Roof Plan Morter Architects 03-15-05 A3.1 Building A Elevations Morter Architects 03-15-05 A3.2 Building B Elevations Mortar Architects 03-15-05 A4.0 Building Sections Morter Architects 02-14-05 A4.1 Building Sections Mortar Architects 02-14-05 A4.2 Building Sections Morter Architects 02-14-05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets: Dig. # Title Author Date A-2.20 Second Floor Plan RKD Architects 01-28-07 A-2.30 Third Floor Plan RKD Architects 01-28-07 A-2.40 Fourth Floor Plan RKD Architects 01-28-07 A-2.50 Fifth Floor Plan RKD Architects 01-28-07 A-3.10 East and North Building Elevations RKD Architects 01-28-07 A-3.20 West and South Building Elevations RKD Architects 01-28-07 ` A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. 43. Approved Development Plans for Area A, Cascade Hotel, including 2 additions (deck enclosures) to the south side of the Hotel, specifically Chap's Restaurant and Hotel Library, containing the following sheets: Dwg. # Title Author Date A-1 Site Plan JG Johnson Architects 03/26/08 A-2 Entry Level — Overall Key Plan JG Johnson Architects 03/26/08 A-3 Enclosed West Deck Upper Level JG Johnson Architects 03/26/08 A-4 Enclosed East Deck JG Johnson Architects 03/26/08 A-5 Addition Roof Plans JG Johnson Architects 03/26/08 A-6 Addition Elevations JG Johnson Architects 03/26/08 A-7 Sections and Perspective JG Johnson Architects 03/26/08 A-8 Perspective and Elevation JG Johnson Architects 03!26108 Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards - The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek, B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C. Glen Lyon Primary/Secondary and Single -Family Lots Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Vail Town Code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At -grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet (5) nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. to Heright A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single -Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. .Area D. Glen Lyon Commercial Site 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. THE VAIL DAILY 970.949.0555 3vaildaily.com Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and 8, fifty percent (50%). and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10, Vail Town Code, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% and the Westhaven Condominiums, where 71% of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. 3. There shall be a total of 58 on-site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. D. Area D, Glen Lyon Commercial Site 1.. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10.. 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy, 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit semi -truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. 13, 2008 C33 prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shall provide 100 -year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing. In Area D, the above referenced employee housing requirement shall be provided on site. For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominuims building shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the Eust Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code, unless such time requirement is amended herein. Section 4. If any part,. section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for 7rw health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, grders, 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 161" day of April, 2008 and a public hearing for second reading of this Ordinance set for the 61" day of May, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL on the 61, day of May, 2008. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the ATTEST: approved development plan. B. Area A, Cascade Village Lorelei Donaldson, Town Clerk 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and Published in the Vail Daily on May 13, 2008. Richard Cleveland, Town Mayor I oydis pq� � � Z CJ Q � a O� n Za C/] ►d 5 z - w�-j = I] t CSj 2 z C7, CY, CD f D a ° CDCA CD aCD CD cr CD CD '� co �D �. CD O O 0. •� :; o a w wCDo CD CD` Q. R CD CD w a C.• w k `C CD CD ((D 0i cno a ° S•5' . 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CD,rD CD EL C st N CD O cn ° CD O CD t CD a O " inCD CD v a CD CD CD CDCD p' cnCCD _CDo I'D vc I'D ° a CD a cnc CD dAD N W W THE VAIL DAILY ;j 970.949.0555 i ;railda ORDINANCE NO. 11 SERIES 2008 AN ORDINANCE AMENDING TITLE 4 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 12, ENTITLED "SEXUALLY ORIENTED BUSINESSES"; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter'); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council finds and determines that sexually oriented businesses produce adverse secondary effects on the public health, safety and welfare; and WHEREAS, such adverse secondary effects include increased rates of certain crimes, including prostitution, robbery, assault, theft, loitering, pandering and public intoxication, the spread of sexually transmitted diseases, the debasement of both men and women, a decrease in property values for surrounding properties, and noise, parking and traffic problems; and WHEREAS, such adverse secondary effects occur most often in the areas immediately surrounding such businesses; and WHEREAS, the Council, in enacting this ordinance, expressly relies on the findings of the 10th Circuit Court of Appeals in Z.J. Gifts D-2, LLC v. City of Aurora, 136 F.3d 683 (10th Cir. 1998), reversed on other grounds at 311 F.3d 1220 (10th Cir. 2002), reversed at 541 U.S. 774 (2004), and Essence, Inc. v. City of Federal Heights,•285 F.3d 1272 (10th Cir. 2002), concerning the adverse second- ary effects of sexually oriented businesses on communities in Colorado and elsewhere; and WHEREAS, the Council, in enacting this ordinance, expressly relies on the findings of the United States Supreme Court in. City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Boos v. Barry, 485 U.S. 312 (1988), concerning the adverse secondary effects of sexually oriented businesses on surrounding areas; and WHEREAS, to reduce the adverse secondary effects caused by sexually oriented businesses in the Town, the Council deems it ap- propriate and necessary to adopt regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of a new Chapter 12, which shall read as follows: CHAPTER 12 SEXUALLY ORIENTED BUSINESSES 4-12-1: PURPOSE: The purpose of this Chapter is to promote and protect the public health, safety and welfare by regulating sexually oriented businesses through the establishment of reasonable and uniform regulations to reduce the adverse secondary effects of sexually oriented busi- nesses within the Town. This Chapter is not intended to limit or restrict the content of any communicative materials, including sexu- ally oriented materials. This Chapter is not intended to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution or Article II, § 10 of the Colorado Constitution or to deny access of distributors or exhibitors of sexually oriented entertainment to their intended market. Finally, this Chapter is not intended to condone or legitimize the distribution of obscene material. 4-12-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: ADULT ARCADE: Any commercial establishment in which the public is permitted or invited where, for any form of consideration, one (1) or more motion picture projectors, slide projectors, image or virtual reality producing machines or similar machines, for viewing by five (5) or fewer persons per machine at any one time, are used regularly to show films, motion pictures, video cassettes, slides, digital images, electronic reproductions or photographs describing, simulating or depicting specified sexual activities or specified anatomical areas. ADULT STORE: Any commercial establishment which, as one of its principal business purposes, offers for sale or rent for any form of consideration one or more of the following: (1) books, magazines, periodicals or other printed matter, or photographs, films, mo- tion pictures, video cassettes, slides, compact discs, digital video discs (DVDs), digital images or other visual representations which are characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas; or (2) instruments, devices or paraphernalia designed for use in connection with specified sexual activities. ADULT CABARET: A nightclub, bar, restaurant or similar commercial establishment which, for any form of consideration, regularly features live performances which are characterized by the exposure of specified anatomical areas or by the exhibition of specified sexual activities. ADULT MOTION PICTURE THEATER: A commercial establishment which is characterized by the showing, for any form of con- sideration, of films, motion pictures, video cassettes, slides, compact discs, digital video discs (DVDs), digital images or other visual representations that have an emphasis on depicting or describing specified sexual activities or specified anatomical areas. ADULT THEATER: A theater, auditorium or similar commercial establishment which, for any form of consideration, regularly features live performances which are characterized by an emphasis on exposure of specified anatomical areas or specified sexual activities. CONVICTED: Having been found guilty by a judge or a jury or entering a guilty plea or a plea of nolo contendere, and includes deferred judgments, deferred sentences, deferred adjudications and plea bargains, whether or not an appeal of such conviction is pending; excluding any conviction overturned or vacated by appeal or other force of law. EMPLOYEE: A person who works or performs work or service in or for a sexually oriented business on a ful-time, part-time or con- tract basis, with or without compensation, regardless of whether such person is designated as an employee, independent contractor, agent, volunteer or any other status; excluding any person on the premises for repair or maintenance of the premises or for delivering or removing tangible personal property to or from the premises. LICENSED PREMISES: The building or structure in which a licensed sexually oriented business is operating. SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion picture theater or adult theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State of Colorado engages in approved and recognized sexual therapy. SPECIFIED ANATOMICAL AREAS means any of the following: (1) human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola, which are not completely and opaquely covered; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. SPECIFIED CRIME: Any of the following crimes committed under the penal or criminal code of any municipality, county, state or country: sex crimes against children; sexual abuse; sexual assault; possession or distribution of child pornography; distribution of an illegal controlled substance; prostitution, promotion of prostitution or pandering; and organized crime if such organized crime is com- mitted within the premises of a sexually oriented business in the Town or elsewhere. SPECIFIED SEXUAL ACTIVITIES: Any of the following: 1. Fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts; 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy; 3. Masturbation, actual or simulated; or 4. Human genitals in a state of sexual stimulation or arousal; human excretory functions as part of or in connection with any of the activities set forth in subsections 1. through 4. hereof. . 4-12-3: LICENSE REQUIRED: All sexually oriented businesses in the Town shall be licensed as set forth in this Chapter, and it shall be unlawful for any person to operate a sexually oriented business in the Town. without a valid license issued pursuant to this Chapter. 4-12-4: LICENSE APPLICATION: A. Applicants for a sexually oriented business license shall submit a written application to the Town Clerk which includes the following: 1. The name, address, telephone number and date of birth of the applicant and, if applicable, each of its officers, partners, directors and registered agents; 2. The trade name of the applicant and copies of all documents recording the trade name, including the trade name af- fidavit; 3. The name of any other sexually oriented business in which any officer, director or partner has a financial interest; 4. The address of the premises to be licensed; 5. If the applicant is a corporation, copies of the articles of incorporation, bylaws and last annual report; 6. Copies of documents demonstrating that the applicant has a legal right to possession of the premises to be licensed; 7. A sketch, drawing or diagram drawn to scale and showing the configuration of the premises, including total floor area to be occupied by each sexually oriented business; and 8. A description of the type of sexually oriented business proposed, such as an adult store, adult cabaret, adult theater or adult motion picture theater. B. Each application shall be verified and acknowledged to be true by the applicant or the managing partner, president or other officer having the authority to sign for the applicant. C. Each application shall be accompanies by a non-refundable application fee in accordance with a fee schedule main- tained by the Town Clerk. 4-12-5: BACKGROUND INVESTIGATION: A. Upon receipt of a completed application, the Town Clerk shall perform a background investigation of the applicant and its officers, directors and partners, and the information contained in the application. B. The Town Clerk may to investigate any fact related to any of the criteria set forth in this Chapter that may be relevant to determine the eligibility of the applicant for a sexually oriented business license. C. The Town Clerk may seek and obtain the assistance of law enforcement agencies in conducting the background inves- tigation. D. The background investigation shall be completed within forty-five (45) days of receipt of the completed application. 4-12-6: ISSUANCE OR DENIAL: A. Within ten (10) days of the completion of the background investigation, the Town Clerk shall either issue the sexually oriented business license or issue a written statement of denial. The license or statement of denial shall be sent via United States mail, postage prepaid, to the applicant at the address provided on the application. The Town Clerk shall issue the license unless one or more of the following is true: 1. The applicant has not paid all required fees. 2. The applicant or any of its officers, directors or partners is under eighteen (18) years of age; 3. The applicant is not qualified to conduct business under applicable state or federal law or Town ordinances; 4. The applicant has knowingly provided false information to the Town on an application for a sexually oriented business license; 5. The location of the proposed sexually oriented business does not comply with the location requirements set forth in the Town's zoning ordinance; 6. The premises in which the sexually oriented business is proposed to be located does not comply with applicable Town ordinances, such as the building code, electrical code or fire code; 7. The applicant is delinquent in the payment of any taxes, fees, or other payments owed to the Town; or 8. The applicant or any of its directors, officers or partners has been convicted of a specified crime in the two (2) years preceding the date of the application. B. Within ten (10) days of the date of a written statement of denial, the applicant may submit a written request that the Town Clerk schedule a hearing before the Town Council on the application. The hearing shall be held at the next regularly scheduled Town Council meeting occurring at least ten (10) days after receipt of the written request. C. At the hearing, the applicant may present additional evidence, either documentary or through witness testimony, which is relevant to the applicant's eligibility for a sexually oriented business license. D. At the conclusion of the hearing or within ten (10) days thereafter, the Town Council shall either order that the.Town Clerk issue the sexually oriented business license, or issue a written order denying the application for the sexually oriented business license. E. If the Town Council denies the application for a sexually oriented business license, the Town Council's decision shall be final, subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. 4-12-7: TERM OF LICENSE; RENEWAL: A. All sexually oriented business licenses issued under this Chapter shall be valid for one year from the date of issuance, unless revoked or suspended as provided in this Chapter. B. Written application for renewal of a sexually oriented business license shall be filed with the Town Clerk at least sixty (60) days prior to the expiration of the current license, together with the applicable annual license fee. If no application for renewal is timely filed, the licensee has waived its option to renew the license and must re -apply for a new license. C. Applications for renewal shall include the same information as an original application, except as the Town Clerk deems redundant. D. The procedures for renewal license applications shall be the same as the procedures for new license applications. 4-12-8: LICENSE NONTRANSFERABLE: Saturday, May 24, 2008 tSl A sexually oriented business license issued under this Chapter is nontransferable. By way of example but not limitation, a new sexu- ally oriented business license shall be required upon: the sale, lease or sublease of the sexually oriented business or the licensed premises; the transfer by sale, exchange or similar means of a controlling interest in the sexually oriented business; or the establish- ment of a trust, gift, or similar legal device which transfers ownership or control of the sexually oriented business or the licensed premises, other than transfer by bequest or other operation of law upon the death of the person possessing ownership or control. 4-12-9: SUSPENSION AND REVOCATION: A. The Town Clerk may suspend or revoke any sexually oriented business license issued under this Chapter if the Town Clerk receives reliable information to establish that: 1. A nuisance is being maintained on the licensed premises; 2. The licensed premises are unsanitary as certified by the Eagle County Department of Health; 3. The licensed premises are unsafe as certified by the Town's building official, the fire marshal or the fire chief; 4. The licensee has knowingly permitted on the licensed premises: the possession, sale or use of illegal controlled sub- stances; any specified sexual activity; or prostitution; 5. The licensee or any of its officers, directors, partners or employees has been convicted of a specified crime during the term of the license; or 6. The licensee knowingly provided false information on an application for a sexually oriented business license or renewal of such a license. B. At least twenty (20) days before the Town Clerk suspends or revokes any sexually oriented business license, the Town Clerk shall provide written notice to the licensee, via United States mail, postage prepaid, to the address provided on the most recent application, of the allegations supporting the suspension or revocation. C. During the twenty (20) day period, the licensee may file a written request for a stay of the suspension or revocation pending a hearing before the Town Council on the allegations to support the suspension or revocation. D. The hearing shall be held at the next regularly scheduled Town Council meeting at least ten (10) days after receipt of the request. E. At the hearing, the applicant may present additional evidence, either documentary or through witness testimony, which is relevant to the suspension or revocation. F. At the conclusion of the hearing or within ten (10) days thereafter, the Town Council shall order that the sexually oriented business license be suspended for a period of time not to exceed one hundred eighty (180) days, or that the license be revoked, or that no action be taken with respect to the license. G. If the Town Council orders suspension or revocation, the Town Council's decision shall be final, subject to judicial review pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. 4-12-10: GENERAL REGULATIONS: A. All licensed premises shall comply with all applicable Town regulations and ordinances, including but not limited to the building code, fire code, electrical code, zoning regulations, business licensing and sales tax collection. B. Every sexually oriented business license issued under this Chapter shall be displayed in a conspicuous place on the licensed premises in a clear cover or frame, and shall be available for inspection at all times by the public. C. All licensed premises shall be maintained in a clean and sanitary condition, and shall be cleaned at least once daily and more frequently when necessary. D. Trash and garbage shall not be permitted to accumulate in any licensed premises or on the property outside any licensed premises. E. All materials, devices and novelties offered by a sexually oriented business which depict specified sexual activities or specified anatomical areas shall be displayed so that they cannot be seen by anyone other than customers who have entered the licensed premises. 4-12-11: DANCE AND ENTERTAINMENT REQUIREMENTS: A. An adult cabaret or adult theater at which employees dance shall have one or more stages or similar structures spe- cially designed for dancing, which shall be constructed in accordance with applicable building code regulations, and located inside the licensed premises. Employees shall dance only upon such stage or structure. B. When an employee dances on a structure which is designed to hold not more than two (2) persons, the structure shall be level, of sturdy construction and securely fastened 10 the floor or wall during dance performances. Steps and handrails shall be required on all such stages and structures where the platform on which the employee dances is more than eight inches (8") above the surface upon which the structure rests. C. Any adult cabaret or adult theatre shall have one or more separate areas designated in the diagram submitted as part of the application as a stage for the licensee or employees to perform as entertainers. Entertainers shall perform only upon the stage, and the stage shall be fixed and immovable. D. No seating for the audience shall be permitted within three feet (3') of the edge of any stage, and no members of the audience shall be permitted upon any stage or within three feet (3') of the edge of any stage. 4-12-11: LIGHTING REQUIREMENTS: A. When the occupant capacity of any licensed premises, as determined by the fire department, is at least fifty persons, such licensed premises shall have electric, battery-operated emergency lights using reliable storage batteries properly maintained and charged. B. The interior portion of a licensed premise to which patrons are permitted access shall be equipped with overhead light- ing fixtures of sufficient intensity to illuminate every place at an illumination of not less than two (2) foot-candles as measured at the floor level. It shall be the duty of the licensee and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises. 4-12-12: HOURS OF OPERATION: It is unlawful for a sexually oriented business to be open for business or for the licensee or any employee of a licensee to allow patrons upon the licensed premises on any Monday through Saturday between 2:00 a.m. and 7:00 a.m.; and on any Sunday between 2:00 a.m. and 8:00 a.m. 4-12-13: AGE RESTRICTIONS: A. It is unlawful for a licensee to admit or permit the admission of any person less than eighteen (18) years of age into any sexually oriented business. B. It is unlawful for any person to sell, barter, give, or offer for sale, barter or gift, to any person under eighteen (18) years of age any service, material, device or thing sold or offered for sale by any adult store or adult motion picture theater. C. Employees of any sexually oriented business shall be at least eighteen (18) years of age. 4-12-14: CONDUCT: A. No licensee or employee shall encourage or knowingly permit any person on or within the licensed premises to touch, caress or fondle the genitals, pubic region, buttocks, anus or breasts of any person. B. No licensee or employee shall knowingly fail to immediately report to the police department any criminal conduct or violation of any Town ordinance or state or federal law, rule or regulation that occurs on or within the licensed premises. C. No person shall engage in specified sexual activities on or within a licensed premise. D. No licensee or employee mingling with patrons or serving food or drinks shall be unclothed or in such attire, costume or clothing so as to expose to view any specified anatomical area. E. No employee shall receive tips from patrons except as provided herein. 'A licensee that desires to provide for tips from its patrons shall establish one or more boxes or other containers to receive tips. All tips for employees shall be placed by patrons into the tip box. The licensee shall post one or more signs to be conspicuously visible to patrons in letters at least one inch (1") high to read as follows: "All tips are to be placed in tip box and not handed directly to the entertainer. Any physical contact between the patron and the entertainer is strictly prohibited" 4-12-15: INSPECTION: Every licensee shall permit law enforcement officers and any other federal, state, county or Town agency in the performance of any function connected with the enforcement of this Chapter and normally and regularly conducted by such agency, to inspect the licensed premises for the purpose of ensuring compliance with this Chapter, at any time the licensed premises is occupied or open for business. 4-12-16: EMPLOYEE IDENTIFICATION: Each licensee shall provide to the Town Clerk, in writing, the full name, any aliases, date of birth, and the current address and tele- phone number of every employee of the licensee within five (5) days of employment. 4-12-17: EXEMPTIONS: Notwithstanding anything to the contrary in this Chapter, the following businesses and activities shall be exempt from the require- ments of this Chapter: ._ 1. Any adult store which derives less than ten percent (10%) of its gross income from the sale of materials depicting specified sexual activities or specified anatomical areas, if such materials are located in a separate room or booth containing those materials only. 2. Any college, junior college or university supported, in whole or in part, by tax revenue and offering educational programs which, for educational purposes, may include the depiction of specified sexual activities or specified anatomical areas. 4-12-18: REGULATIONS NOT EXCLUSIVE: Nothing contained in this Chapter shall limit the effectiveness or applicability of any other provision of this Code to any sexually oriented business. 4-12-19: PENALTIES: A. It shall be unlawful for any person, corporation or other entity to violate any provision of this Chapter, and any such lation shall be subject to a fine not to exceed nine hundred ninety-nine dollars ($999.00) and imprisonment for a period not to exceed one hundred eighty (180) days, or both such fine and imprisonment, provided that no person under the age of eighteen (18) years of age shall be subject to imprisonment. Each and every day of violation of the provisions of this Chapter shall constitute a separate offense punishable as such. B. In the event of violation of any of the terms and regulations set forth herein, the Town may obtain equitable relief, including injunctive relief, to require compliance with the provisions hereof. If the Town is successful in obtaining injunctive or other equitable relief, the costs and attorney fees incurred by the Town in such action shall be awarded to the Town in addition to any other relief. C. Nothing contained herein shall preclude the Town from enforcing the suspension and revocation provisions of this Chapter in addition to simultaneously or subsequently prosecuting alleged violations of this Chapter under this Section. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of May, 2008 and a public hearing for second reading of this Ordinance set for the 20th day of May, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Attest: Lorelei Donaldson, Town Clerk Richard Cleveland, Town Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of May, 2008. Attest: Lorelei Donaldson, Town Clerk Richard Cleveland, Town Mayor Published in the Vail Daily May 24, 2008. C38 �+ Saturday, May 24, 2008 ORDINANCE NO. 1 SERIES 2008 AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS OF W ORDS AND TERMS; ARTICLES 12-6A, HILLSIDE RESIDENTIAL DISTRICT; 12-6B, SINGLE-FAMILY RESIDENTIAL DISTRICT; 12-6C, TWO-FAMILY RESIDENTIAL DISTRICT; 12-613, TWO-FAMILY PRIMARY/SECONDARY RESIDENTIAL DISTRICT; 12-6E, RESIDENTIAL CLUSTER DISTRICT; 12-6F, LOW DENSITY MULTIPLE -FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE - FAMILY DISTRICT; 12-6H, HIGH DENSITY MULTIPLE -FAMILY DISTRICT; 12-61, HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B, COMMERCIAL CORE 1 DISTRICT; 12-7C, COMMERCIAL CORE 2 DISTRICT; 12-713, COMMERCIAL CORE 3 DISTRICT; 12-7E, COMMERCIAL SERVICE CENTER; 12-7F, ARTERIAL BUSINESS DISTRICT; 12-7H, LIONSHEAD MIXED USE 1 DISTRICT; LIONSHEAD MIXED USE 2 DISTRICT; 12- 7J, PUBLIC ACCOMMODATION 2 DISTRICT; 12-8A, AGRICULTURAL AND OPEN SPACE DISTRICT; 12-81), SKI BASE/RECREATION .DISTRICT; 12 -SE, SKI BASE/RECREATION 2 DISTRICT; 12-9B, PARKING DISTRICT; 12- 9C, GENERAL USE;, CHAPTER 12-13, EMPLOYEE HOUSING, CHAPTER 12-23, COMMERCIAL LINKAGE, AND CHAPTER 12-24, INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on March 10, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines the provisions of Chapter 12-23, Commercial Linkage and Chapter 12-24, Inclusionary Zoning, Vail Town Code, must be amended to clarify the basis on which Employee Housing Plans shall be reviewed; and, WHEREAS, the Town Council finds and determines that the amendments are consistent -with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Pian and is compatible with the development objectives of 'The Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated March 10, 2008, _ WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated March 10, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 12-2, Definitions, of the Vail Town Code is hereby amended as follows (text to be deleted is in stfikethfeugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-2-2: Definitions of Words and Terms FLOOR AREA, NET Pafking-Requifements): The total floor area within the enclosing walls of a structure not including the following: A. Areas specifically designed and used for mechanical equipment to operate the building. B. Stairways. C. Elevators. D. Common hallways. E. Common lobbies. F. Common restrooms G. Areas designed and used for parking. H. Areas designed and used as storage which do not have direct access to an individual office or retail store, not to exceed five percent (5%) of the total proposed net floor area for office and not to exceed eight percent (8%) of the total proposed net floor area for retail. "Common areas" are spaces for which all tenants in the building contribute toward the upkeep and maintenance thereof and are not used for employee working areas. Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikeihreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6A-2: PERMITTED USES: The following uses shall be permitted in the HR district: , Single-family residential dwellings. Type IV employee housing units Employee Housing Units, as further regulated by chapter 13 of this title. Type V ernple�ee housing umitone per lot, as set forth n chaptef 13 of this title. Section 3. Article 12-613, Single Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sHikeihfaugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-66-2: PERMITTED USES: The following uses shall be permitted in the SFR district: Single-family residential dwellings. - Type 11 empleyee housing units Employee Housing Units, as further regulated by chapter 13 of this title. Type 1V empleyee hous ng units, as further regulated by chapter 13 of this title. Section 4. Article 12-6C, Two -Family Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethfough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6C-2: PERMITTED USES: The following uses shall be permitted in the R district: Single-family residential dwellings. Two-family residential dwellings. Type-+empleyee housing units Employee Housing Units, as further regulated by chapter 13 of this title. Type IV emplayee hous ng on ts, as further regulated by chapter 13 -fth.- lill-. Section 5. Article 12-6D, Two -Family Primary/Secondary Residential District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikefhfeugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6D-2: PERMITTED USES: The following uses shall be permitted: Single-family residential dwellings. Two-family residential dwellings._ TgpeTempleyee hous ng units Employee Housing Units, as further regulated by chapter 13 of this title. Type 11 empleyee housing tinits, as furthef F@gulated by chapter 13 of th s t tie. Type IV employee hous ng units, as fufthef regulated by chapter 13 of this title. Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is hereby amended as follows (text to be deleted is in str kefMeugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) - 12-6E-2: PERMITTED USES: The following uses shall be permitted in the RC district: Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings withnomore than four (4) units in any new building. Single-family residential dwellings. Two-family residential dwellings. Type IV Employee Housing Units, as further regulated by chapter 13 of this title. 12-6E-3: CONDITIONAL USES: The following conditional uses shall be permitted in the RC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Business offices, as further regulated by subsection 12-16-7A13 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Professional office, as further regulated by subsection 12-16-7A13 of this title. Public buildings, grounds and facilities. Public or private schools. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Employee Housing Units, as further regulated by Chapter 13 of this Title Section 7. Article 12-6F, Low Density Multiple -Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-6F-2: PERMITTED USES: The following uses shall be permitted in the LDMF district: THE VAIL DAILY 970.949.0555 ;, vailda Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. Type -W empioyee housing units Employee Housing Units, as further regulated by chapter 13 of this title. 12-6F-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts. as further regulated by section 12-14-18 of this title. Dog kennels, Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. - Ski lifts and tows. Type-144empleyee-housit ttnits(EHAJ)es-pfevided-irrehapter-l-aof thistifie Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 8. Article 12-6G, Medium Density Multiple -Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikefhfeugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-613-2: PERMITTED USES:. The following uses shall be permitted in the LDMF district: Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. Single-family residential dwellings. Two-family residential dwellings. Type -+V -employee housingunitsEmployee Housing Units, as further regulated by chapter 13 of this title. 12-6G-3: CONDITIONAL USES: The following conditional uses shall be permitted in the LDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Type III employee (El1Y Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 9. Article 12-611, High Density Multiple -Family District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-1-2: PERMITTED USES: - The following uses shall be permitted in the HDMF district: Lodges, including accessory eating, drinking, recreational or retail establishments, located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area (GRFA) of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Multiple -family residential dwellings, including attached or row dwellings and condominium dwellings. Type IV Employee Housing Units, as further regulated by chapter 13 of this title. 12-61-1-3: CONDITIONAL USES: The following conditional uses shall be permitted in the HDMF district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts as further regulated by section 12-14-18 of this title. Dog kennels. Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Public and private schools. Public buildings, grounds and facilities. Public park and recreation facilities. Public parking structures. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Timeshare units. Employee Housing Units, as further regulated by Chapter 13 of this Title Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended as follows (text to be deleted is in - sfr'rkefhrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-61-2: PERMITTED USES: The following uses shall be permitted in the H district: Bicycle and pedestrian paths. title.9eed feStF eted arripleyee housing units, as further described in chapter 13 of th 9 Employee Housing Units, as further regulated by Chapter 13 of this Title. Passive outdoor recreation areas, and open space. 12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Commercial uses which are secondary and incidental (as determined by the planning and environmental commission) to the use of employee housing and specifically serving the needs of the residents of the development, and developed in conjunction with employee housing; in which case the following uses may be allowed subject to a conditional use permit: Banks and financial institutions. Business offices and professional offices as further regulated by section 12-16-7 of this title. Child daycare facilities. Eating and drinking establishments. Funiculars and other similar conveyances. Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops, tailor shops, and similar services. Retail stores and establishments. Dwelling units (not employee housing units) subject to the following criteria to be evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing on the property, and B. Dwelling units are not the primary use of the property. The GRFA for dwelling units shall not exceed thirty percent (30%) of the total GRFA constructed on the property, and C. Dwelling units are only created in conjunction with employee housing, and D. Dwelling units are compatible with the proposed uses and buildings on the site and are compatible with buildings and uses on adjacent properties. Outdoor patios. Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities. Public utilities installations including transmission lines and appurtenant equipment. Type V1 Employee Housing Units, as further regulated by chapter 13 of this title. Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in sfr+keEHreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7A-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Type -1 ermployee-#rousing-units Employee Housing Units, as further regulated by chapter 13 of this title. 12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfasts, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Healthcare facilities. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the main structure or structures on the site. Major arcades. Private clubs and civic, cultural and fraternal organizations. Private parking structures. Private unstructured parking. Professional and business offices. Public and private schools. Public buildings, grounds and facilities. -- Public parking structures. Public parks and recreational facilities. N W A 50, y x y o�Tl � rD o U4 o C/) � CS' CD CD CD.w rD CD $, P� C aCD C( 1D N R. CCD ((DD CD tj ! ' CD "O .�.. C CDD �' � CSD CD _W a ° 47D CD ( o CL . o' a N CD CD CD iv'.. (D p O .CD O tai (D 00 „CD•D �7' CD CAD 'OQ � CD W O N O t]. t� (D CD CD CD cn C1' Q0 w CD � . r' v, a ara , w ,6cn CD O p CD � r fv Q. 00 GnOcn CD G -C� CCD (�D A� CD 000 N cn . O C p CD Sy oo (a,~' -.3. _� 0 c a n i o CD R o N O.C t O ° .O Oa c CD (D -� ado P r w °� rD a OQ �� ? CSD C ,rD CD yCD i ?CD ° d CD w c� o rDCD o CCD ACD CD _ cn CD ° ° CD o �' CD a via CD cr �CD�CD d N W A #:,36 .; Saturday, May 24, 2008 ---------------- - - - ORDINANCE NO. 13 SERIES OF 2008 AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS TO CHAPTER 12-2, DEFINI- TIONS, ARTICLE 12-7G, HEAVY SERVICE DISTRICT, CHAPTER 12-14, SUPPLEMENTAL REGULA- TIONS, AND CHAPTER 12-16, CONDITIONAL USE PERMITS, VAIL TOWN CODE, TO ALLOW FOR SEXUALLY ORIENTED BUSINESSES AS A CONDITIONAL USE IN THE HEAVY SERVICE DISTRICT, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on May 12, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amend- ments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that sexually oriented businesses produce adverse secondary effects on the public health, safety and welfare; and WHEREAS, such adverse secondary effects include increased rates of certain crimes, including prostitu- tion, robbery, assault, theft, loitering, pandering and public intoxication, the spread of sexually transmitted `diseases, the debasement of both men and women, a decrease in property values for surrounding proper- �s, and noise, parking and traffic problems; and WHEREAS, such adverse secondary effects occur most often in the areas immediately surrounding such businesses; and WHEREAS, the Town Council, in enacting this ordinance, expressly relies on the findings of the 10th Cir- cuit Court of Appeals in Z.J. Gifts D-2, LLC v. City of Aurora, 136 F.3d 683 (10th Cir. 1998), reversed on other grounds at 311 F.3d 1220 (10th Cir. 2002), reversed at 541 U.S. 774 (2004), and Essence, Inc. v. City of Federal Heights, 285 F.3d 1272 (10th Cir. 2002), concerning the adverse secondary effects of sex- ually oriented businesses on communities in Colorado and elsewhere; and WHEREAS, the Town Council, in enacting this ordinance, expressly relies on the findings of the United States Supreme Court in City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), and Boos v. Barry, 485 U.S. 312 (1988), concerning the ad- verse secondary effects of sexually oriented businesses on surrounding areas; and WHEREAS, to reduce the adverse secondary effects caused by sexually oriented businesses in the Town, the Town Council deems it appropriate and necessary to amend its current regulations and to adopt new regulations for sexually oriented businesses. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLO- RADO,THAT: Section 1.Section 12-2-2, Vail Town Code, is hereby amended as follows SEXUALLY ORIENTED BUSINESS: An adult arcade, adult store, adult cabaret, adult motion pic- ture theater or adult theater, except an establishment where a medical practitioner, psychologist, psychiatrist or similar professional licensed by the State of Colorado engages in approved and recognized sexual therapy. Section 2.Section 12-7G-3, Vail Town Code, is hereby amended as follows 12-7G-3: CONDITIONAL USES: i. ie following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Animal hospitals and dog kennels. Automotive service stations. Building materials stores. Business offices. Commercial laundry and cleaning services. Corporation yards. Machine shops. Motor vehicle sales and services. Repair garages. Repair shops. Seasonal plant product business. Sexually Oriented Businesses. Ski lifts and tows, and accessory dwelling unit for service personnel. Tire sales and services, including retreading and recapping. Transportation businesses. Trucking terminals and truck service stations. Warehouses. Woodworking and cabinet shops. Accessory uses customarily incidental and accessory to the conditional uses set out in this section and necessary for the operation thereof. Additional commercial services determined to be similar to the conditional uses set out in this section in accordance with the provisions of section 12-3-4 of this title. Section 3.Section 12-16-7, Vail Town Code, is hereby amended to add new Section 12-16-7A-16, Vail Town Code, to read as follows: 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. Uses And Criteria: 12-16-7A-16: Sexually oriented businesses. 1.Sexually oriented businesses shall be located a minimum of five hundred feet from any: a.Religious Institution b.Public park c. Library d.State-licensed day care facility; e.School or educational facility serving persons under eighteen years of age; or f.Any other sexually oriented business. 2.The distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. ^Istance between any sexually oriented business and any religious institution, school or public park shall be measured in a straight line, without regard to intervening structures, from the nearest portion of the structure used for the sexually oriented business to the nearest property line of the religious institution or school, or the nearest boundary of the public park. 3.Sexually explicit advertisements or other promotional displays for sexually oriented businesses that are harmful to minors shall not be visible to minors from pedestrian ways, walkways or other public areas. 4.Sexually oriented businesses shall obtain a license pursuant to Title 4, Business and License Regulations, Vail Town Code, as a condition of approval for a conditional use permit. r` ection 4.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason .field to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5.The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6.The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ardinance previously repealed or superseded unless expressly stated herein. Section 7.All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of May, 2008 and a public hearing for second reading of this Ordi- nance set for the 3rd day of June, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Col- orado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Published in the Vail Daily May 24, 2008. (1591363) R THE VAIL DAILY 970.949.0555 ; vaildaily.com INFO! Leads to more qualified applicants. Use tele -interview to conduct automated voice interviews with prospective employees. You record your questions, we record their answers. Vaff Da THE VAIL DAILY i,,; 970.949.0555 vaildaily.com Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Ski lifts and tows. Theaters and convention facilities. Type -111 employee -#rousing units-asprovided try e repter-13-ef-fhistitle. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section -12: Article 12-713, Commercial Core 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethroagh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-713-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: 8. Type IV employee housing units, as further regulated by chapter 13 of this title. 12-713-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: 4. Type+V empleyeeiunits Employee Housing Units, as further regulated by chapter 13 of this title. 12-713-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR: A.Permitted Uses; Exception: The following uses shall be permitted on the second floor above grade within a structure; provided, however, that a conditional use permit will be required in accordance with chapter 16 of this title for any use which eliminates any existing dwelling or accommodation unit or any portion thereof: 8. Type IV Employee Housing Units, as further regulated by chapter 13 of this title B.Conditional Uses: The following uses shall be permitted on second floors above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Dog kennels. Electronics sales and repair shops. Household appliance stores. Liquor stores. Luggage stores. Meeting rooms. Outdoor patios. Theaters. Type . Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-76-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR: A.Permitted Uses: The following uses shall be permitted on any floor above the second floor above grade: Lodges. Multiple -family residential dwellings. Type-IVemployee housing units Employee Housing Units, as further regulated by chapter 13 of this title. B.Conditional Uses: The following uses shall be permitted on any floor above the second floor above grade, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title. Any permitted or conditional use which eliminates any existing dwelling or accommodation unit, or any portion thereof, shall require a conditional use permit. Such uses may include: 8. Type-It1 . Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7D-1: PERMITTED USES: The following uses shall be permitted in the commercial core 3 district: Banks and financial institutions. Eating and drinking establishments, including the following: Cocktail lounges and bars. Coffee shops. Fountain and sandwich shops. Restaurants. Health clubs. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Shoe repair. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Auto parts stores. Bakeries and confectioneries, preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Health food stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Music and record stores. Newsstands and tobacco stores. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Type IV employee housing units Employee Housing Units, as further regulated by chapter 13 of this title. Additional offices, business, or services determined to be similar to permitted uses in accordance with the provisions of this section. 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive -up facilities. Major arcades. Massage parlors. Outside car wash. Petshops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. Theaters, meeting rooms, and convention facilities. Transportation businesses. Type lite: Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code is hereby amended as follows (text to be deleted is in shikethrengh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7E-3: PERMITTED USES: The following uses shall be permitted in the CSC district: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. May 24, 2008 I C39 Cocktail lounges and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Beauty and barber shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Laundromats. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores. Electronics sales and repair shops. Florists. Food stores. Furniture stores. Gift shops. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. _ Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. Employee housing units as further regulated in Chapter 13 of this Title. 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further regulated by section 12-14-18 of this title. Bowling alley. Brew pubs. Child daycare centers. Commercial laundry and cleaning services. Dog kennels. Major arcades. - Multiple -family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type ft' employee housing units (El 1U) as prov ded n chapter 13 of this title; -Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 15. Article 12-71', Arterial Business District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikefhrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-7F-3: PERMITTED USES: The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street) level: Cocktail lounges and bars. Coffee shops, fountains, sandwich shops and restaurant. Personal services and repair shops, as follows, are deemed to be generally accessory and/or supportive of office uses and shall be permitted on the first (street) level: Beauty and barbershops. Shoe repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices and studios. Radio and television broadcasting studios. Retail stores and establishments, as follows, are deemed to be generally accessory and/or supportive of office uses and are therefore permitted so long as they do not exceed eight thousand (8,000) square feet in floor area for each such business use and so long as they are located on the first (street) level: Art supply stores. Bookstores. _ Drugstores. Florists. Newsstands. Stationery stores. Tobacco stores. Additional offices, businesses or services determined to be similar to permitted uses in accordance with the provisions of section 12-7F-1 of this article. Employee Housing Units, as further regulated by Chapter 13 of this Title. 12-7F-4: CONDITIONAL USES: , A.Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts as further provided by section 12-14-18 of this title. Brew pubs. Child daycare centers. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public services uses, including screened outside storage. Service yards. Transportation businesses. Type 1" empleyee hous ng units. Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 16. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-71-1-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL: B.Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Type 'V employee housing Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-1-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. C40 Saturday, May 24, 2008 Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Type}V Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-7H-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A.Permitted Uses: Exce0hon: The following uses shall be permitted on those floors above the first floor within a structure: Accommodation units. Attached accommodation units. Lodges. Multiple -family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and—employee V Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. Section 17. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in Sinkethfougn, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-71-2: PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL B. Permitted Uses: The following uses shall be permitted in basement or garden levels within a structure: Banks and financial institutions. Child daycare centers. Commercial ski storage. Eating and drinking establishments. Personal services and repair shops. Professional offices, business offices and studios. Public or private lockers and storage. - Recreation facilities. Retail establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Type4V en'p!®Yee+�ousrng-orris Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. THE VAIL DAILY 970.949.0555 I vailda permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi -public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. - Public transportation terminals. Public unstructured parking. Public utilities installations including transmission lines and appurtenant equipment. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Employee Housing Units, as further regulated by Chapter 13 of this Title. Water and sewage treatment plants. Section 23. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethfe , text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE 12-71-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL: B.Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Tgpe}V Employee Housing Units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. 12-71-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The following uses shall be permitted on those floors above the first floor within a Type ll structure: Lodges and accommodation units. Multiple -family residential dwelling units. timeshare units, fractional fee clubs, lodge dwelling units, and employee {yP��f�HL})-as-previdedlne:tl,3pfer-�3-of_,#prs{j{{� rAs ee Additional usenlses determ+loomed to be similar tro permittedl9 es described ts, as in this regulated subsecttion chapter accordancethis withthe provisions of section 12-3-4 of this title. Section 18. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows (text to be deleted is in shrkethreugh, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8A-3: CONDITIONAL USES: The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use within public parks, recreation areas, and open spaces which involves assembly of more than two hundred (200) persons together in one building or group of buildings, or in one recreation area or other public recreational facility. Cemeteries. Low power subscription radio facilities. Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges. Public and private schools. Religious institutions. Semipublic and institutional uses, such as convents and religious retreats. Ski lifts and tows. Tape -fl- employee -+leusrngwri{s-4E+-ltl)-as-provided-in-chapter 43af-t+ls-fi{{e Employee Housing Units, as further regulated by. Chapter 13 of this Title. Section 19. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8D-3: CONDITIONAL USES: The following conditional uses shall be permitted in the ski base/recreation district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces. Bed and breakfast as further regulated by section 12-14-18 of this title. Child daycare center. Food and beverage cart vending. Public, private or quasi -public clubs. Recreation room/minor arcade. Redevelopment of public parks, playgrounds. Redevelopment of ski lifts and tows. Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities. Seasonal structures to accommodate athletic, cultural, or educational activities. Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs. Type 111- em"ee housing urrts(EHU`-as provided in ehaptef-43-o# this-frtle-.- Employee Housing Units, as further regulated by Chapter 13 of this Title. ' Section _20. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is hereby amended as follows (text to be deleted is in stfikeRwough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-8E-3: CONDITIONAL USES: - The following conditional uses shall be permitted in the ski base/recreation 2 district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Brew pubs. Fractional fee units. Outdoor dining decks and patios. Private and public clubs. Public utility and public service uses. Type -Ilf-employee-housing units es provided+n-chapter -13 of-this-fitle.- Employee Housing Units, as further regulated by Chapter 13 of this Title. Additional uses determined to be similar to conditional or permitted uses described in this chapter, in accordance with the provisions of section 12-3-4 of this title. Section 21. Article 12-913, Parking District, of the Vail Town Code is hereby amended as follows (text to be deleted is in Nrikethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-9B-3: CONDITIONAL USES: The following conditional uses shall be permitted subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Major arcades. 1 Parks and recreational facilities. Private or public off street vehicle parking structures. Public uses, private office and commercial uses that are transportation, tourist or town related and that are accessory to a parking structure. Temporary construction staging sites. For the purposes of this section, a "temporary construction staging site' shall mean a site on which, for a temporary period of time, construction materials, heavy construction equipment, vehicles and construction trailers may be stored. Type-fHEmpoyee-housirgurits{ct 140"hts-fitle.- Employee Housing Units, as further regulated by Chapter 13 of this Title. Section 22. Article 12-9C, General Use District, of the Vail Town Code is hereby amended as follows (text to be deleted is in fReth", text that is to be added is bold. Sections of text that are not amended have been omitted.) 12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permitted by right (Transference (GRFA or by conditionals ` use Permitted Use: Ths-EHUyTdeduction. A. Primary/Secondary besoidarEHU is Residential, fransierreled toTwo-Family Primary/Secondary separateudditionaResidential GRFA Credit. - Residential the pbpe550 sq. with only on (PreviouslRFAlots _ The EHU is less than requHed-duction. excluded from 14,000 sq. ft. in size) rstriction b�un� the calculation Medium Density alfa"-sale) The EHU may of GRFA. Multiple -Family 6e sold or as an Single -Family ne trill shall ""b nobbsold The EHU is entitled to an Residential, Two- or transferred additional 500 Family Residential, separately550 sq. ft. Primary/Secondary from the unit it GRFA Credit. - Residential is associated deduction. Residential Cluster with. _ The EHU is Conditional Use: (600 sq. ft.). excluded from Agriculture 8 Open a specific the calculation Lionshead Mixed may be sold }2-153; �Typr Use i or transferred unit may be Lionshead Mixed separately. e-dded4ram, Use 2 separately. tha-oaleuli Conditional Use: restricted of Residential Cluster ass _ The EHU is Low Density (600 sq. ft.). excluded from Multiple -Family a specific the calculation Medium Density already of GRFA. Multiple -Family designated as an High Density be required a EHU, Accommodation Public Accommodation 2 Commercial Core 1 Commercial Core 2 Commercial Core 3 Commercial Service Center Arterial Business Parking District General Use Heavy Service Ski Base; Recreation Ski Base/ Recreation 2 IV Any dwelling The EHU may N/A unit may be eMy be sold Spall-be- designatedand or transferred determkled- deed restricted as separately. by zoning an - a Type IV EHU, property - unless already designated as an (Commercial Any dwelling I ne EHU may be sold or Linkage garage area unit may be transferred mitigation designated and separately. unit) deed restricted The EHU shall for the EHU. ass Type be linked to (600 sq. ft.). IV -CL EHU, a specific density- unless already Commercial The site is designated as an Linkage be required a EHU, reduction of employee second 2nd landscape area ft. of storage housing by 5% (reduced area in addition Alleweble- densty shaffee As mitigation to normal closet 75 sq. It. shall area) for the ulrement. Type IV-IZ Permittehe 75 sq, ft. shall EHU may N/A (Inclusionary Any dwe sold or Zoning unit may ansferred mitigation designatparately. unit) and deede EHU shelf restricte�'T finked toTypeIV-Ispecificunless alclusionarydesignatening EHU. employee Residential not be sold FM emitted or transferred to -additions, separately GRF/F from the unit it WA is associated eye v, conoi0onal Use: As govemed AllCweble- Housing by the - - management As determined plan. by the PEC. Shall not be subdivided or divided into any form of time share, interval ownership, or fractional fee unit. C\.r lite Coverage ICrediVSmrac Ra uU ceRequirement COVERAGE: sq. h. of 10 ase The site is garage area unit. entitled to an per enclosed '.ing Districts additional 5%vehicle space at is allowed of site coverage a maximum of 2 1,200 sq. ft. for the EHU. parking spaces unit on the max. (600 sq. ft.). be be required a LANDSCAPE All units not density- AREA: constructed with Zoning The site is a garage shall The EHU entitled to a be required a area in addition reduction of minimum 75 sq, second 2nd landscape area ft. of storage by 5% (reduced area in addition Alleweble- densty shaffee As to 55% of site to normal closet 75 sq. It. shall area) for the space. This EHU. 75 sq, ft. shall be a credit for WA Maximum I'er Chapter 12- GRFA of an The EHU is EHU 1. as a dwelling 12- Pere„, Geenis '.ing Districts The EHU N/A is allowed the EHU. All as 2nd a 1,200 sq. ft. second units not constructed with a garage shall unit on the max. property. ., vweu ouu sq. I'er Chapter 12- Dwollo unjp The EHU is ft. of additional 1. as a dwelling 300 sq. ft. min, allowed as a garage area for unit. and 3rd third unit the EHU. All Dormitory unit: 1,200 sq. ft. on property. units not constructed with a garage shall density. max. Dees is! count as be be required a . 12-24, density- 75 sq. as density. Zoning ft. of storage The EHU I max. Is allowed area in addition Counts as a second 2nd to normal closet unit on the Property. space. This Alleweble- densty shaffee As - determined 75 sq. It. shall by the PEC. be a credit for 12-10 as a 300 sq. h. min, esAeasity; dwelling unit. and The EHU Is determined by sq. ft excluded lot the PEC. 11,200 max. from the Per Chapter Dormitory unit: calculation calculated A.tY.Peof-EHLk density. 10 as a dwel as a ng uni as a ng unit 10 as a dwellin unit. -_ ��� anmroe landseepearee- determined ws by 1L-lu asa dwelling unit she* be As the PEC. or-eo-fequlred determined by The EHU Is byt: the PEC. or a parking Per Chapter The EHU Is management calculated Commercial plan per Artick Linkage 12-61, Housing The EHU is 12-24, District 200 sq.ft, min. for each person occupying the EHU. 12- 9alfbe- SheN be . ,ng detarminec} la"ening-en- deter had property. by-zaning-err prePeny- N/A The EHU Is calculated a9 density. Per Chapter The EHU Is 12-23, calculated Commercial as density. Linkage Per Chapter The EHU is 12-24, Calculated Incluslonary as density. Zoning 1,200 sq. ft. The EHU I max. Is allowed Counts as a second 2nd unit on the Property. Allowable- As determined Alleweble- densty shaffee As by the PEC, determined by the PEC. THE VAIL DAILY 970.949.0555 vaildailv.com Type VII-cL (Commercial Permitted Use: High Density The EHU may be sold or The EHU is N/A WA Per Chapter Per Chapter The EHU is Linkage Multiple Family, transferred excluded from the calculation 5.1 Employees per 1,000 feet of new net floor area Eating and Drinking Establishment 12-10 as a 12-23, excluded mitigation Housing separately. of GRFA. dwelling unit- Commercial from the unit) District, PublicThe EHU shall or a parking Linkage calculation Accommodation, be linked to management of densi tY Public a specific plan per Accommodation Commercial Chapter 12-23,Commercial 2, Commercial Linkage Core /, employee Linkage Commercial Core housing 2, Commercial mitigation Core 3, requirement. Commercial Service Center, ' Arterial Business, General Use, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base/Recreation, Ski Base/ Recreation 2, Parking District, and Special Development Districts Typevll-IZ (Inclusionary Permitted Use: Permitted Use: The EHU may be The EHU is WA N/A Per Chapter Per Chapter The EHU is Zoning High Density sold or transferred excluded from th thecalculation 12-10 as a 12-24, excluded mitigation Multiple Family, separately. GRFA. dwelling unit Inclusionary from the unit) Housing The EHU shall a parking Zoning District, Public be linked to m management of lenity. of density. Accommodation, a specific plan per Chapter 12-24, Public Accommodation Inclusionary Zoning Inclusionary 2, Commercial employee Linkage. Core 1, housing Commercial Core mitigation 2, Commercial requirement. Core 3, Commercial Service center, Arterial Business, General Use, Lionshead Mixed Use 1, Lionshead Mixed Use 2, Ski Base/Recreation, Ski Base/ Recreation 2, Parking District, and Special Development Districts ,9eplion 24. Chapter 12-23, Commercial Linkage, of the Vail Town Code is hereby amended as follows (text to be deleted is in strlkethreugh, text that is to be added is bold): 12-23-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to ensure that new commercial development and redevelopment in the Town Provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such commercial development and redevelopment. B. Except as provided in Section 12-23-5, this Chapter shall apply to all new commercial development and redevelopment located within the following zone districts: 1. High Density Multiple Family (HDMF); 2. Public Accommodation (PA); 3. Public Accommodation 2 (PA2); 4. Commercial Core 1 (CC1); 5. Commercial Core 2 (CC2); 6. Commercial Core 3 (CC3); 7. Commercial Service Center (CSC); 8. Arterial Business (ABD); 9. General Use (GU); 10. Heavy Service (HS); 11. Lionshead Mixed Use 1 (LMU1); 12. Lionshead Mixed Use 2 (LMU2); 13. Ski Base/Recreation (SBR); 14. Ski Base/Recreation 2 (SBR2); 15. Parking District (P); and 16. Special Development (SDD). C. The requirements of this Chapter shall be in addition to all other requirements of this Code. D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall control. 12-23-2: EMPLOYEE GENERATION AND MITIGATION RATES: A. The employee generation rates found in Table 23-1, Employee Generation Rates by Type of Commercial Use, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine the applicable enrDlovee aeneratinn rata h., ­­„e,..,..r.,, r,...._•_ ------ I AbLE: .. TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type of Use Employee Generation Rates Retail Store/Personal Service/Repair Shop 2.4 Employees per 1,000 feet of new net floor area Business Office and Professional Office (excluding Real 250 1 Estate Office) 3.2 Employees per 1,000 feet of new net floor area Accommodation Unit/Limited Service Lodge Unit 0.7 Employees per net new units Real Estate Office 5.1 Employees per 1,000 feet of new net floor area Eating and Drinking Establishment 6.75 Employees per 1,000 feet of new net floor area Conference Facility 0.8 Employees per 1,000 feet of new net floor area Health Club 0.96 Employees per 1,000 feet of new net floor area Spa 2.1 Employees per 1,000 feet of new net floor area —funs competent evidence that the employee generation rates contained in Table 23-1 or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such a deviation as the Administrator deems appropriate. C. Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of the employees generated, pursuant to Table 23-1, or the nexus study, in accordance with the requirements of this Chapter. For example, for a development proposing 2,500 square feet of new net floor area for an eating and drinking establishment, the equation would be as follows: ((2,500 square feet = 1,000 square feet) x (6.75)) = 16.875 new employees generated 16.875 new employees generated x 20% = 3.375 employees to be housed 12-23-3: SIZE AND BUILDING REQUIREMENTS: A. Table 23-2, Size of Employee Housing Units, establishes the minimum size of EHUs and the number of employees that can be housed in each. All FH11,¢ Chau ,,,dot,., May 24, 2008 11 C41 Two -Bedroom 1 788 2.25 Three or More -Bedroom 1,225 3.5 B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided as -required -by In accordance with Chapter 10 of this Title 1. Exception for on-site units: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, car -share Programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached, have -a-garage-tha44neftdi, space- 12-23-4: pace12-23-4: REDEVELOPMENT: Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this Chapter. 12-23-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The redevelopment of existing commercial development, if no new net floor area, accommodation units, or limited service lodge units are created; and 2. The construction of EHUs. 12-23-6: METHODS OF MITIGATION: A. For all new construction (i.e. development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 1.25 employees or greater, no less than one-half I%) the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: a. Implementation of the on-site unit mitigation method would be contrary to the Intent and purpose of the applicable zone district. b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. C. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a "Type IV -CL” (type four, commercial linkage mitigation) or "Type VII -CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. - 4. An applicant may provide a payment of fees -in -lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 1.25 employees. 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12-23-66 below. A- B. For all development projects except those mitigated by Section 12-23-6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this Title, the choice of method(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. 1. On-site units. a. Tde�mber-ef,�Ur�portiarrtMereentay- as s'teEHllsare-deed--restrfeted in-with-this0hapter.- All on-site EHUs shall be deed restricted as a "Type IV -CL" (type four, commercial linkage mitigation) or "Type VII -CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. b. A{ffisereHen-efi-the-Pieang ef1-siEe- , the the applicable governing body, an applicant may provide on-site dormitory style units.sole discretion of 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on-site unit requirements of Section 12-23-6A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off- site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees -in -lieu. lieu-feFeeehempl� , a. The fee -in -lieu for each employee to be housed shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide housing for the employee to be housed in that year. - b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. C. Fees -in -lieu shall be due and payable prior to the issuance of a building permit for the . development. --- d. The Town shall only use monies collected from fees -in -lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept the conveyance of property off-site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property that would limit the construction of EHUs. Chapter re 9 05 act ­ 12 -23-7: MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in anticipation of future commercial development or redevelopment, provided that those EHUs meet all applicable requirements of this Title. However, the construction or acquisition of EHUs in anticipation of future development is at the sole risk of the applicant, because the commercial development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for commercial development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. It shall be the applicant's responsibility to provide documentation of any existing EHU credit upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be TABLE 23-2 .�..,�...,. SIZEOF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Number of Employees Housed Dormitory 250 1 Studio 438 1.25 One -Bedroom 613 1.75 May 24, 2008 11 C41 Two -Bedroom 1 788 2.25 Three or More -Bedroom 1,225 3.5 B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. C. All trash facilities shall be enclosed. D. Parking shall be provided as -required -by In accordance with Chapter 10 of this Title 1. Exception for on-site units: At the discretion of the applicable governing body, variations to the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee housing plan subject to a parking management plan. The parking management plan may be approved by the applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a demonstrated need for a reduction in the required parking could include: a. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. b. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, car -share Programs, shuttle service, or staggered work shifts. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached, have -a-garage-tha44neftdi, space- 12-23-4: pace12-23-4: REDEVELOPMENT: Employee housing impacts need only be mitigated for a redevelopment that results in a greater number of employees generated from an increase in net floor area, or an increase in the number of accommodation units or limited service lodge units in the redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to the other requirements of this Chapter. 12-23-5: EXEMPTIONS: The following shall be exempt from this Chapter: 1. The redevelopment of existing commercial development, if no new net floor area, accommodation units, or limited service lodge units are created; and 2. The construction of EHUs. 12-23-6: METHODS OF MITIGATION: A. For all new construction (i.e. development that does not affect any existing buildings or structures) and demo/rebuild projects that result in a mitigation requirement of 1.25 employees or greater, no less than one-half I%) the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 1. Exceptions: At the sole discretion of the applicable governing body, an exception may be granted from this subsection based upon one of the following findings: a. Implementation of the on-site unit mitigation method would be contrary to the Intent and purpose of the applicable zone district. b. Implementation of the on-site unit mitigation method would be contrary to the goals of the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. C. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the implementation of the on-site unit mitigation method. d. The method of mitigation proposed better achieves the intent and purpose of this Chapter and general and specific purposes of this Title than the on-site mitigation unit method. 2. All on-site EHUs shall be deed restricted as a "Type IV -CL” (type four, commercial linkage mitigation) or "Type VII -CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. - 4. An applicant may provide a payment of fees -in -lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 1.25 employees. 5. Any remaining portion of the mitigation requirement not provided with on-site units may be provided in accordance with Section 12-23-66 below. A- B. For all development projects except those mitigated by Section 12-23-6A above, the mitigation of employee housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described in this section. Unless otherwise regulated by this Title, the choice of method(s) used to mitigate the employee housing requirements of this Chapter shall be at the sole discretion of the applicant. 1. On-site units. a. Tde�mber-ef,�Ur�portiarrtMereentay- as s'teEHllsare-deed--restrfeted in-with-this0hapter.- All on-site EHUs shall be deed restricted as a "Type IV -CL" (type four, commercial linkage mitigation) or "Type VII -CL" (type seven, commercial linkage mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. b. A{ffisereHen-efi-the-Pieang ef1-siEe- , the the applicable governing body, an applicant may provide on-site dormitory style units.sole discretion of 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town on which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the Town Council. This method does not mitigate the on-site unit requirements of Section 12-23-6A above. 3. Off-site units. a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off- site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees -in -lieu. lieu-feFeeehempl� , a. The fee -in -lieu for each employee to be housed shall be established annually by resolution of the Town Council, provided that, in calculating that fee, the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide housing for the employee to be housed in that year. - b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. C. Fees -in -lieu shall be due and payable prior to the issuance of a building permit for the . development. --- d. The Town shall only use monies collected from fees -in -lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept the conveyance of property off-site in lieu of requiring the provision of EHUs, provided that no covenants, restrictions or issues exist on such property that would limit the construction of EHUs. Chapter re 9 05 act ­ 12 -23-7: MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in anticipation of future commercial development or redevelopment, provided that those EHUs meet all applicable requirements of this Title. However, the construction or acquisition of EHUs in anticipation of future development is at the sole risk of the applicant, because the commercial development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for commercial development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. It shall be the applicant's responsibility to provide documentation of any existing EHU credit upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be L.42 Saturday, May 24, 2008 THE VAIL DAILY 970.949.0555 ;.,', vailda obligated to provide such credit. 11. Lionshead Mixed Use 1 (LMUi ); 12-23-8: ADMINISTRATION: 12. Lionshead Mixed Use 2 (LMU2); ' A. Each application for development review, except those exempt pursuant to Section 12-23-5, shall include an 13. Ski Base/Recreation (SBR); employee housing plan or -statement -of -exemption -which includes the following: One -Bedroom 613 14. Ski Base/Recreation 2 (SBR2); B. An employee housirtg-plan-she!' rveIttde­4he4ellewing. Three or More -Bedroom 1,225 15. Parking District (P); and 1. Calculation Method. The calculation of employee generation, including credits if applicable, and the the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee mitigation method by which the applicant proposes to meet the requirements of this Chapter; 16. Special Development (SDD). 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section C. The requirements of this Chapter shall be in addition to all other requirements of this Code. 12-23-3, Size and Building Requirements; on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a E: D. An approved employee housing plan shall become part of the approved application for development review for D. When any provision of this Chapter conflicts with any other provision of this Code, the provision of this Chapter shall 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the control. commercial development or redevelopment, if any; - a. Proximity or availability of alternative modes of transportation including, but not limited to, E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the 12-24-2: EMPLOYEE HOUSING REQUIREMENTS: 4. Schedules. A timeline for the provision of any off-site EHUs; the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Every residential development and redevelopment shall be required to mitigate its direct and secondary impacts on the 5. Off -Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining Town by providing employee housing at a mitigation rate of ten percent (10%) of the total new GRFA. the basis of the proposal; C. A demonstrated permanent program including, but not limited to, rideshare programs, car - 12 -23-9: OCCUPANCY AND DEED RESTRICTIONS: For example, for a development proposing 5,500 square feet of new GRFA the calculation would be as follows: 6. Off -Site Conveyance Request. A request for an off-site conveyance shall include a brief statement E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to explaining the basis for the request; 5,500 square feet of new GRFA x 10% mitigation rate = 550 square feet of employee housing to be provided 7. Fees -in -lieu. A proposal to pay fees -in -lieu shall include a brief statement explaining the basis of the 12-24-3: BUILDING REQUIREMENTS: proposal; and F. El W9shall. ly D. An EHU shall be continuously occupied by an employee rented and shall not remain vacant for a period in A. Table 24-1, Size of Employee Housing Units, establishes the minimum size requirements for EHUs under this 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of Chapter. All EHUs shall meet or exceed the minimum size requirements. this Chapter and complies with the Town's Comprehensive Plan. G. B. Review: 1. The Administrator shall approve, approve with modifications or deny an employee housing plan involving a total mitigation requirement of less than 1.25 employees. _ 2. The Planning and Environmental Commission shall approve. approve with modifications or deny an employee housing plan unless the plan involves a total mitigation requirement of less than 1.25 employees; the development plan is located within a Special Development District; or the plan includes a request to convey property., in wh ch case the Town il shall approve, approve with mod f cations or deny the employee hous ng plan. TABLE 24-1 SIZE OF EMPLOYEE HOUSING UNITS Type of Unit Minimum Size (GRFA) Dormitory 250 Studio 438 One -Bedroom 613 Two -Bedroom 788 Three or More -Bedroom 1,225 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development District or a plan requesting to convey property. B. Every EHU shall contain a kitchen facility or kitchenette and a bathroom. 4. Before granting approval of an employee housing plan, the applicable governing body shall make C. All trash facilities shall be enclosed. findings that the employee housing plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the D. Parking shall be provided as required by in accordance with Chapter 10 of this Title. Town. 1. Exception for on-site EHUs: At the discretion of the applicable governing body, variations to ' D-: C. If modifications to a submitted application for development review changes the obligations of the applicant under the parking standards outlined in Chapter 10 of this Title may be approved during the review of an employee this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be housing plan subject to a parking management plan. The parking management plan may be approved by the reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapter. applicable governing body and may provide for a reduction in the parking requirements for on-site units based on a demonstrated need for fewer parking spaces than Chapter 10 of this Title would require. For example, a E: D. An approved employee housing plan shall become part of the approved application for development review for demonstrated need for a reduction in the required parking could include: the affected site. - a. Proximity or availability of alternative modes of transportation including, but not limited to, E. Requests to amend an approved employee housing plan shall be reviewed in accordance with the public transit or shuttle services. procedures described in this Chapter. At the discretion of the Administrator. minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the b. A limitation placed in the deed restrictions limiting the number of cars for each unit. Administrator. C. A demonstrated permanent program including, but not limited to, rideshare programs, car - 12 -23-9: OCCUPANCY AND DEED RESTRICTIONS: share programs, shuttle service, or staggered work shifts. A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. E. Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit to which it may be attached. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. F. El W9shall. ly D. An EHU shall be continuously occupied by an employee rented and shall not remain vacant for a period in G. Every El lU shall be allowed three hundred (300) square feet of additional garage area. Any El that does igat have a garage shall include a Fnin mum of a 9 add tienal seventy f ,e (75) squefe feet toF storage n addition to normal closet excess of three (3) consecutive months unless, despite reasonable and documented efforts to ferk occupy the EHU, rental spree. efforts are unsuccessful. 12-24-4: REDEVELOPMENT: E. No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the Town to the Town of Vail Community Development Department containing the following information: Employee housing need only be provided for the increase in the GRFA of a redevelopment; provided however, that if any existing EHUs are to be removed, an equal amount of EHUs shall be replaced in addition to other requirements of this 1. Evidence to establish that the EHU has been occupied throughout the year by an employee; Chapter. 2. The rental rate (unless owner -occupied); 12-24-5: EXEMPTIONS: 3. The employee's employer; and The following shall be exempt from this Chapter: 4. Evidence to demonstrate that at least one tenanf person residing in the EHU is an employee. 1. The remodeling of an existing dwelling unit; 12-23-10: TIMING: 2. The replacement of a demolished residential development, provided the replacement structure does not exceed the total GRFA of the original structure; and All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected commercial development or redevelopment. 3. The construction of EHUs. 12-23-11: VARIANCES: 12-24-6: METHODS OF MITIGATION: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in A. For all new construction (i.e. development that does not affect any existing buildings or structures) and Chapter 17 of this Title. demo/rebuild projects that result in a mitigation requirement of 438 sq. ft. or greater, no less than one-half (%s) the mitigation of employee housing required by this Chapter shall be accomplished with on-site units. 12-23-12: REVIEW: 1. , Exceptions: At the sole discretion of the applicable governing body, an exception may be granted A. Purpose. The Town Council intends that the application of this Chapter not result in an unlawful taking of private from this subsection based upon one of the following findings: property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. a. Implementation of the on-site unit mitigation method would be contrary to the intent and purpose of the applicable zone district. B. Planning and Environmental Commission review. Any applicant for commercial development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an b. Implementation of the on-site unit mitigation method would be contrary to the goals of the adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the applicable elements of the Vail Comprehensive Plan and the Town's development objectives. application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project C. Exceptional or extraordinary circumstances or conditions apply to the site that prevents the under consideration to ensure that there is no unlawful uncompensated taking. implementation of the on-site unit mitigation method. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, - d. The method of mitigation proposed better achieves the intent and purpose of this Chapter the applicant may request a hearing before the Town Council. Such hearing shall be a quasi-judicial hearing and conducted and general and specific purposes of this Title than the on-site mitigation unit method. according to the Town's rules and regulations regarding quasi-judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking 2. All on-site EHUs shall be deed restricted as a "Type IV-IZ" (type four, inclusionary zoning without just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapter mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing 12-13, Employee Housing, of this Title. requirements as applied to the particular project under consideration to ensure that no illegal uncompWated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. 3. At the sole discretion of the applicable governing body, an applicant may provide on-site dormitory style units. Section 25. Chapter 12-24, Inclusionary Zoning, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethreugh, text that is to be added is bold): 4. An applicant may provide a payment of fees -in -lieu for any fractional remainder of the requirement generated under this Chapter totaling less than 438 sq. ft. of EHU floor area. 12-24-1: PURPOSE AND APPLICABILITY: S. Any remaining portion of the mitigation requirement not provided with on-site units may be A. The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provided in accordance with Section 12-24-6B below. provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. - A: B. For all development projects except those mitigated by Section 12-24-6A above, the mitigation of employee ' housing required by this Chapter shall be accomplished through one, or any combination, of the methods further described B. This Chapter shall apply to all new residential development and redevelopment located within the following zone in this section. Unless otherwise regulated by this Title, the choice of method(s) used to mitigate the employee districts, except as provided in Section 12-24-5: housing requirements of this Chapter shall be at the sole discretion of the applicant. 1. High Density Multiple Family (HDMF); 1. On-site units. 2. Public Accommodation (PA); 1. On-site units. 3. Public Accommodation 2 (PA2); a. The -&portion thereof ,-may-be-eony en-ste-E!Us -are deed -resffietedineeeefdanee-withthisGhaptef. All on-site EHUs shall be deed restricted as 4. Commercial Core 1 (CC1); a "Type IV-IZ" (type four, inclusionary zoning mitigation) or "Type VII-IZ" (type seven, inclusionary zoning mitigation) EHU in accordance with Chapter 12-13, Employee Housing, of this Title. 5. Commercial Core 2 (CC2); b. I-Gomraissiorr,--arr-app! cant may provide 6. Commercial Core 3 (CC3); the Town . At the sole discretion of 7. Commercial Service Center (CSC); the applicable governing body, an applicant may provide on-site dormitory style units. 8. Arterial Business (ABD); 2. Conveyance of property on-site. An applicant may convey on-site real property to the Town of Vail on - which no covenants, restrictions or issues exist that would limit the construction of EHUs, at the sole discretion of the 9. General Use (GU); Town Council. This method does not mitigate the on-site unit requirements of Section 12-24-6A above. 10. Heavy Service (HS); 3. Off-site units. THE VAIL DAILY 970.949.0555 11 vailda a. The requisite number of EHUs, or a portion thereof, may be provided off-site within the Town, provided that such EHUs are deed restricted in accordance with this Chapter. b. At the sole discretion of the Planning and Environmental Commission, an applicant may provide off- site dormitory units, unless the application is for a Special Development District, in which case, the Town Council, in its sole discretion, may accept dormitory units as a method of mitigation. 4. Payment of fees -in -lieu. Tbe-Planning keu-far-eaehsquare-leaf-ef- . edfiyihis_C{�apter a. The fee -in -lieu for each square foot shall be established annually by resolution of the Town Council, Provided that in calculating that fee. the Town Council shall include the net cost (total cost less the amount covered by rental or sale income) of real property and all related planning, design, site development, legal, construction and construction management costs of the project, in current dollars, which would be incurred by the Town to provide the square feet in that year. b. An administrative fee, established by resolution of the Town Council, shall be added to the amount set forth in paragraph a hereof. C. development.Fees-in-lieu shall be due and payable prior to the issuance of a building permit for the d. The Town shall only use monies collected from the fees -in -lieu to provide new employee housing. 5. Conveyance of property off-site. The Town Council may, at its sole discretion, accept a conveyance of real Property off-site in lieu of requiring construction of EHUs, provided that no covenants, restrictions or issues exist on the Property that would limit the construction of EHUs. 12-24-7 MITIGATION BANK: A. The Town will provide credit for any EHUs constructed on-site, constructed off-site, or otherwise acquired in anticipation of future residential development or redevelopment, provided that those EHUs meet all applicable requirements of this Chapter. However, the construction or acquisition of EHUs in anticipation of future development is at the risk of the applicant, because the residential development shall be subject to all regulations pertaining to EHUs which are in effect at the time the application for development review is submitted to the Town, even if those regulations change after the EHUs are constructed. B. It shall be the applicant's responsibility to provide documentation of any existing EHU credits upon submission of an application for development review. If the applicant cannot adequately document such credits, the Town shall not be obligated to provide such credits. 12-24-8: ADMINISTRATION: A. Each application for development review, except those exempt pursuant to Section 12-24-5, shall include an employee housing plan er sfatem -Ofl- which includes the following: Anemployee-housing plan -shalF tneluc#ethe-following: 1. Calculation Method. The calculation of the inclusionary zoning requirement, including credits if applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter; 2. Plans. A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-24-3, Building Requirements; 3. Lot Size. The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment, if any; 4. Schedules. A timeline for the provision of any off-site EHUs; 5. Off -Site Units. A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the. proposal: 6. Off -Site Conveyance Request. A request for an off-site conveyance shall include a brief statement explaining the basis for the request; and 7. Fees -in -lieu. A proposal to pay fees -in -lieu shall include a brief statement explaining the basis of the proposal. 8. Written Narrative. A written narrative explaining how the employee housing plan meets the purposes of this Chapter and complies with the Town's Comprehensive Plan. G. B. Review: 1. The Administrator shall approve, approve with modifications' or deny an employee housing plan involving a total mitigation requirement of less than 438 square feet of EHU floor area. 2. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan unless the plan involves less than 438 square feet of EHU floor area; the development pian is located within a Special Development District; or the plan includes a request to convey property and teen tMe r�vn 3. The Town Council shall approve, approve with modifications or deny an employee housing plan for a development located within a Special Development District or a plan requesting to convey property. 4. Before granting approval of an employee housing plan, the applicable governing body shall make findings that the employee housing plan conforms to the general and specific purposes of this title, and that the plan is compatible with the applicable elements of the Vail Comprehensive Plan and the development objectives of the Town. 2008 N .0 12-24-9: OCCUPANCY AND DEED RESTRICTIONS: A. No EHU shall be subdivided or divided into any form of timeshare unit or fractional fee club unit. B. EHUs shall not be leased for a period less than thirty (30) consecutive days. C. An EHU may be sold or transferred as a separate unit on the site. D. An EHU shall be continuously occupied by an employee rented and shall not remain vacant for a period in excess of three (3) consecutive months unless, despite reasonable and documented efforts to rent occupy the EHU, rental efforts are unsuccessful. E. No later than February 1 of each year, the owner of each EHU shall submit a swom affidavit on a form provided by the Town with the following information: 1. Evidence to establish that the EHU has been rented or owner occupied throughout the year; 2. The rental rate (unless owner -occupied); 3. The employee's employer; and 4. Evidence to demonstrate that at least one tenant person residing in the EHU is an employee at a business located in Eagle County. 12-24-10: TIMING: All EHUs required by this Chapter shall be ready for occupancy prior to the issuance of a temporary certificate of occupancy for the affected residential development. 12-24.11: VARIANCES: Variances from the requirements of this Chapter may be granted pursuant to the procedures and standards set forth in Chapter 17 of this Title. 12-24-12: REVIEW: A. Purpose, The Town Council intends that the application of this Chapter not result in an unlawful taking of private Property without the payment of just compensation, and therefore, the Town Council adopts the review procedures set forth in this Section. B. Planning and Environmental Commission review. Any applicant for residential development who feels that the application of this Chapter would effect an unlawful taking may apply to the Planning and Environmental Commission for an adjustment of the requirements imposed by this Chapter. If the Planning and Environmental Commission determines that the application of this Chapter would result in an unlawful taking of private property without just compensation, the Planning and Environmental Commission may alter, lessen, or adjust employee housing requirements as applied to the particular project under consideration to ensure that there is no unlawful uncompensated taking. C. Town Council review. If the Planning and Environmental Commission denies the relief sought by an applicant, the applicant may request a hearing before the Town Council. Such hearing shall be a quasi-judicial hearing and conducted according to the Town's rules and regulations regarding quasi-judicial hearings. At such hearing, the burden of proof shall be on the applicant to establish that the fulfillment of the requirements of this Chapter would effect an unconstitutional taking without just compensation pursuant to applicable law. If the Town Council determines that the application of this Chapte- i would effect an illegal taking without just compensation, the Town Council may alter, lessen, or adjust the employee housing requirements as applied to the particular project under consideration to ensure that no illegal uncompensated taking occurs. The decision of the Town Council shall be final, subject only to judicial review. cti n 26. 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. i n 27. 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 28. 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 ordinance previously repealed or superseded unless expressly stated herein. Section 29. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6'h day of May, 2p08 and a public hearing for second reading of this Ordinance set for the 20'h day of May, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Attest: Lorelei Donaldson, Town Richard D. Cleveland, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 201h day of May, 2008. t} C. If modifications to a submitted application for development review changes th-e bligations of the applicant under this Chapter, the applicant shall submit a modified employee housing plan. A modification to an employee housing plan shall be reviewed by the body that reviewed the initial employee housing plan, in accordance with the provisions of this Chapter. Attest: E- D. An approved Employee Housing Plan shall become part of the approved application for development review for the affected site. Lorelei Donaldson, Town Clerk E. Requests to amend an approved employee housing plan shall be reviewed In accordance with the procedures described in this Chapter. At the discretion of the Administrator, minor amendments that do not alter the basic intent or methodology of the plan may be approved, or approved with modifications, or denied by the Published in the Vail Daily on May 24, 2008. Administrator. Richard D. Cleveland, Mayor Reviationsaba y aretay ethay estbay aywa ota y y akemay adsay ardha of y ay derstandunay, herota y hantay igpay atinla . y Translation: "Abbreviations are the best way to make ads hard to understand, other than Pig Latin." Lesson Learned: If you DON'T really want to sell your item, just use as many abbreviations as possible to make the ad hard to understand. People won't know if they should be interested en9ugh to call. Saving a couple of linens on an ad could cost a lot more than a few dollars. Make it an ad that you would read. Give details. 866-850-9937 0 www,coloradomountainnewsmedia.com t I n 0 V] o' c� 12 CD 0 ft e cr ft K N O N A N cD a aY a rbCD CD 3 CD d C o o CD CD CDb �_ CD CD CD a = CD �' o`� �, CD �, o .o'er CD o `�' ac o. a°n' o � En 0 CD N O O CD CD CDD �^� CD A • 'O 0. p. CD �C p- rs D - w oCD y CD ca. ° "�CD D. CD CD 00 CA CD 000 (D '� y CD C � n CD C W O CD CL c LnCD CSDCD ° CCDCD CD CD CDCD CD CD �. 0 C ° r C. (D a '� y tT, CD �o 0 o CD C av�CD `►� CD C y Q. 'Ts M CD (D CD `° CL CD CD CD p' CD CCD CD CSD 's °+ CD w �. CD O n a y o C y CD CD ° O CCD CCD n C0 00 CD d o ac N A N C24 I Saturday, October 18, 2008 ORDINANCE NO. 21 SERIES 2008 AN ORDINANCE AMENDING SECTION 14-10-7, OUTDOOR LIGHTING, VAIL TOWN CODE, TO ALLOW FOR AMENDMENTS TO THE OUTDOOR LIGHTING STANDARDS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on January 22, 2008, the Vail Town Council directed the Community Development Department to prepare amendments to the Town of Vail Zoning Regulations to update the Town's existing regulations and to streamline the development review process; and, WHEREAS, on August 25, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 25, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Develop- ment Standards, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 25, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated August 25, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regu- lations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 25, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 14-10-7, Outdoor Lighting, Vail Town Code is hereby established as follows (text to be deleted is in str l(eth- reugh, text that is to be added is bold. Sections of text that are not amended have been omitted): 14-10-7: OUTDOOR LIGHTING: A. Purpose: This section of the design gu delines establishes standards for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of the design -review these standards and guidelines to allow'llum net on which provides the minimum amount of lighting which -is ,7Peded for the property on which the light sources are located. in add t on, the purpose of th 9 section 69 to protee , while protect- ing the legitimate privacy of neighboring properties tea dents by eeriffolling the intensi. y source. The standards and guidelines established in this section are also intended to promote the use of environmentally sensitive and energy efficient lighting technologies, and to promote "dark sky" lighting fixtures and installation techniques to reduce light pollution. B. Approve' Required Applicability. Except as provided elsewhere in this Section, the design, placement, and use of all outdoor lighting within the town limits shall conform to the standards and guidelines as set forth in this section belew.- For -the - purposes of this sect on, res dentially zoried pFopert es shall be defined as those 'In hillside residential, single family, two family7 pr mary/seeondary, residential cluster, low dens ty mull family and medium dens ty mull family zone d stricts, as well as all spee of development districts wh ch have any of the above referenced Pone districts as the under! considered, for the purposes of this sectionj as being commercial zoned. C. Definitions: COMMERCIAL ZONED PROPERTIES: For the purposes of this section, commercially zoned properties shall be defined as all districts except those in hillside residential, single-family, two-family, primary/secondary, residential cluster, low density multi -family and medium density multi -family, and housing zone districts, as well as all special development districts which have any of the above referenced zone districts as the underlying zoning. FULLY SHIELDED: Light fixtures that do not emit light above the horizontal plane of the fixture. LIGHT SOURCE: A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spec- trum. I iignt emitting area of a light source. measured in square The maximum light emitting area a the area of translucent material . ouFce. 'in the ease of a clear glass covering, the luminous area 9 the area -of - the I ght source. Examples Of luminous a! ea are shown m figure 1 of this sect on. OUTDOOR LIGHTING: Any light source, or collection of light sources, located outside a building, including, but not limited to, light sources attached to any part of a structure, located on the surface of the ground, or located on freestanding poles. RESIDENTIAL ZONED PROPERTIES: For the purposes of this section, residentially zoned properties shall be defined as those in hillside residential, single-family, two-family, primary/secondary, residential cluster, low density multi -family and medium density multi -family zone districts, as well as all special development districts which have any of the above refer- enced zone districts as the underlying zoning. D. Quantity of Light Fixtures: Guant ty! For lots in resident ais, thousand ftfecrexcept as provided for below. The local on of said-, ef- the -property owner -se long -as-the4 kjhts efe incompliance (18") above grade, as from the-tepaf-fne- , as defined th a sect on, or have a maximum source lumens of four review-, i. Within commercial zone districts: The maximum number of light sources is subject to requirements of the adopted build- ing codes and design review. 2. Within residential zone districts: For lots in residential zone districts, the maximum number of light sources per lot shall be limited to one light source per one thousand (1,000) square feet of lot area, except as provided for below. The location of said lights shall be in compliance with this code and are subject to design review. fight sources which are no more than eighteen inches (18") above grade, as measured from the top of the fixture to the finish grade below, and are either full cutoff fixtures, lent to a 40 watt light b), may be allowed in addition to the total number of permitted outdoor light sources. The - mbef , catter- and style of such light sources are subject to cles,,gh, E. Height Limits for Light Fixtures: 1. For all light sources located in commercial zone districts, the maximum mounting height for light sources on a pole shall not exceed thirty five feet (35). The maximum mounting height for light sources affixed to vegetation shall not exceed eight feet (8'). 2. For all light sources located in residential zone districts, the maximum mounting height for light sources on a pole or on vegetation shall not exceed eight feet (8'). THE VAIL DAILY 970.949.0555 vailda F. Lighting Guidelines: 1. Compatibility: Outdoor lighting fixtures, fixture locations, and the color and intensity on the lighting must be aesthetically compatible with the site and structures on which they are located. Outdoor lighting must also be consistent with any applicable design guidelines outlined in the Vail Comprehensive Plan. 2. Glare/Light Trespass: Outdoor lights should be designed, installed, and maintained in such a manner as to not produce glare or light trespass onto adjacent properties and public ways. 3. Shielding: Outdoor lights should be fully shielded to not emit light above the horizontal plane. Lights must be installed and maintained in such a manner that the shielding is effective. 4. Lighting Direction: Outdoor lighting should be directed at the object intended to be illuminated, and directed down and away from adjacent properties and public ways. 5. Source Visibility: Outdoor light sources should be screened from adjacent properties and public ways. 6. Up -lighting: Any light directed upward must be contained by overhanging building or landscaping elements with the light source shielded from the sides. Up -lighting for flags should be shielded from the sides. 7. Dark Sky Friendly: Outdoor lights should be designed, installed, and maintained in accordance with the above listed guidelines to minimize the contribution of outdoor lighting to night time light pollution. Examples of "Dark Sky Friendly" outdoor lights are available from the International Dark Sky Association at www.darksky.org 8. Energy Efficiency: Outdoor lighting should be designed to conserve energy by utilizing energy efficient light sources such as Energy Star classified lights. Outdoor lighting should also be designed to conserve energy by using the lowest wattage lamp feasible and by utilizing energy efficient technologies such as seasonally adjusted automatic shut off timers, motion sensors, and photo voltaic systems. Outdoor lighting should also be operated to eliminate any unnecessary day -time use and reducing night time use during non -business hours and periods of limited residential activity. G. Guteff Sh elds: All 1 ght sources—w-di- commercial ?one d str cts which exceed fifteen feet (16) n height she!' exh b I a full cutoff shield. 11. Flashing, Revolving Lights: Lights whie"ash, move, revolve, rot ritermittent electrical pulsation are G. Prohibited Outdoor Lights: 1. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation. 2. Lights affixed to the top of the roof of a structure. 3. Neon, or similar gas filled, lights. 4. High Intensity Discharge (HID) floodlights. 5. Laser source lights. 6. Search lights. 7. Any outdoor lighting that could interfere with the public health, safety, or welfare. I. Exemptions: The standards of this section shall not apply to: 1.. Decorative Holiday Lights , here n, and wh eh are ilium noted only between November 2q Christmas free I ghts a d- are iacata4 n z-gn s -d StFietS other than theae­-Fesitderttiaf-� hererri: 3 2. Sign illumination, as set forth in title 11 of this code. 4 3. Municipal lighting installed for the benefit of public health, safety, and welfare 4. Outdoor lights associated with an approved Special Events Permit. 5. Outdoor lights associated with an Art in Public Places Board (AIPP) approved public art display 6. Temporary construction lighting associated with an approved building permit or design review approval, and lighting identifying hazards or road construction. J. Nonconformities: As of the effective date of this subsection, all legally established outdoor lighting that does not conform to every requirement of this section shall be legal nonconforming outdoor lighting. Legal nonconforming outdoor lighting shall not be moved in any direction, nor shall there be any change in use or light type, or any replacement or structural alteration made to the nonconform- ing outdoor lighting, without the outdoor lighting conforming to all applicable requirements of Title 12 of this code. K. Penalty: The penalty for violating this section shall be as provided in Section 1-4-1 of this code. Each day of violation shall consti- tute a separate offense for the purpose of calculating the penalty. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only.of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th, day of October, 2008 and a public hearing for second reading of this Ordinance set for the 21st day of October, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Published in the Vail Daily October 18, 2008. ARM JOE AMk WWIng 110 Here are some useful tips to let you know how you can conserve water. 1. Shorter showers with less pressure 2. Check toilets for leaks. Use a few drops of food coloring in the cistern, wait for a while and check the bowl for signs of color - be sure to flush afterwards to prevent staining. 3. Turning off the tap while brushing our teeth or shaving. cn ka 0 0 CD CD ccn c CD �' CD 7 �. A o O O. CD O o ° C ° (' b ° a CD o CD b �' �� �� `C < co �. CD a CDQ., a CD o cD CD -t o' 1 a oCD CD AD 0 cn r. o o CO cD .000 CD .a p aga CD CD O o ° G�G CD C CD a 0 r'� w o o ° w ` w o CD y v N O CD O coo.� A v 'l3 04 CD A c 10 CD C w O G. n OCD CD P G b CCD NCD Ln ° CD �CD =,=r CD P7, CD rb cn CD CD CD CD CD ^� �. o D O� CD O. CD ac o US O CD a CD tj Q• CDy (]Q -C �. CD 6, CD AeD CD �o O. e•i CZ. CAD �_ O N Q Un r. o w � CD o CD p O Or (D CDD CD ft< AO N OSCD o cD k o cD 000CDaCDCD :; a d CD C28 Saturday, October 11, 2008 THE VAIL DAILY i 970.949.0555 vailda ORDINANCE NO. 21 F. Lighting Guidelines: SERIES 2008 AN ORDINANCE AMENDING SECTION 14-10-7, OUTDOOR LIGHTING, VAIL TOWN CODE, TO ALLOW FOR AMENDMENTS TO THE OUTDOOR LIGHTING STANDARDS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on January 22, 2008, the Vail Town Council directed the Community Development Department to prepare amendments to the Town of Vail Zoning Regulations to update the Town's existing regulations and to streamline the development review process; and, WHEREAS, on August 25, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 25, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Develop- ment Standards, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 25, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VI of the Staff memorandum dated August 25, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regu- lations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 25, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT Section 1. Section 14-10-7, Outdoor Lighting, Vail Town Code is hereby established as follows (text to be deleted is in stri oth- reugh, text that is to be added is bold. Sections of text that are not amended have been omitted): 14-10-7: OUTDOOR LIGHTING: A. Purpose: This section of the des gn gu delines establishes standards for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of the designreviewthese standards and guidelines to allow' the minimum amount of lighting whiek-is- needed for the property on which the light sources are located. In addit an, the pufpose of this sect on is to protect , while protect- ing the legitimate privacy of neighboring properties . The standards and guidelines established in this section are also intended to promote the use of environmentally sensitive and energy efficient lighting technologies, and to promote "dark sky" lighting fixtures and installation techniques to reduce light pollution. B. Approval Required Applicability: Except as provided elsewhere in this Section, the design, placement, and use of all outdoor lighting within the town limits shall conform to the standards and guidelines as set forth in this section below. For -the - ptiP pr me"econdary, fes dential cluster, low dens ty Fmtjlt fern ly and rned urn dens ty multi fam ly zone el str cts, as well as all Spec a! development districts whieh have any of the above referenced zone distriets as the tinderly ng zoning. A" other zone el stmets she!' be considered, for the PUFP05159 Of this SOCtIOM, as being commereial zoned. C. Definitions: COMMERCIAL ZONED PROPERTIES: For the purposes of this section, commercially zoned properties shall be defined as all districts except those in hillside residential, single-family, two-family, primary/secondary, residential cluster, low density multi -family and medium density multi -family, and housing zone districts, as well as all special development districts which have any of the above referenced zone districts as the underlying zoning. FULL 4n-whieh-ne-merethan -Ewe-and 445 a' output is emitted above n nety degfeesj,9" as measured frem nadir as shown in f gure-2 -of this seet en� FULLY SHIELDED: Light fixtures that do not emit light above the horizontal plane of the fixture. LIGHT SOURCE: A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spec- trum. LUMWANGE:-LtgM-seure ocated-croslfprepeHy he townrwholh-are -not -#ullq-eut-oH-shall exhibiFalstio-of-source- lumens -t©- lurnineus area ng ene hundred twefty-five t`r25.)-Fof-exampfe= source lumens knnf iou area a -light source, -T�4ng area- isthe-areaof-Y--,.,atsriaFwhich eneases a I ght source. in the cas -ef-a--elear-glass- iheeight eewee. Examples of lum nous area aFe shown in ! gure 1 of th s sect on. OUTDOOR LIGHTING: Any light source, or collection of light sources, located outside a building, including, but not limited to, light sources attached to any part of a structure, located on the surface of the ground, or located on freestanding poles. RESIDENTIAL ZONED PROPERTIES: For the purposes of this section, residentially zoned properties shall be defined as those in hillside residential, single-family, two-family, primary/secondary, residential cluster, low density multi -family and medium density multi -family zone districts, as well as all special development districts which have any of the above refer- enced zone districts as the underlying zoning. D. Quantity of Light Fixtures: Quantity: For lots in fessidential zone distriets, the maximum mungber of light sources per et shall be 1 mited to one linght­s� thousan , , , , I lot anise, emeept as provided feF below. The lecat on of sa d I ghts shall be left open to the d 9CFet On of the property OWMeF, so long as the I ghts are.'- e-offi.p."Mmea Aith this code. Light sourees whieh are no mofe than eighteen inches (18") above gFeele, as ure to the finish gFade below, and are a theF'401 etitOff" fixtures, as del ned n this section, or have a source Iun�ens of four hundred (400) (equivalent to a 40 waft I ght bulb), may be allowed n add tion to the total nurnber of permitted eutdoof light sources. The HUMbeF, and style of suelh light sources are subject to design - , review. 1. Within commercial zone districts: The maximum number of light sources is subject to requirements of the adopted build- ing codes and design review. 2. Within residential zone districts: For lots in residential zone districts, the maximum number of light sources per lot shall be limited to one light source per one thousand (1,000) square feet of lot area, except as provided for below. The location of said lights shall be in compliance with this code and are subject to design review. Light sources which are no more than eighteen inches (18") above grade, as measured from the top of the fixture to the finish grade below, and are either full cutoff fixtures, ), may be allowed in addition to the total number of permitted outdoor light sources. The number, „�,ocation, and style of stieh light sources are subject to des gn review. E. Height Limits for Light Fixtures: 1. For all light sources located in commercial zone districts, the maximum mounting height for light sources on a pole shall not exceed thirty five feet (35). The maximum mounting height for light sources affixed to vegetation shall not exceed eight feet (8'). 2. For all light sources located in residential zone districts, the maximum mounting height for light sources on a pole or on vegetation shall not exceed eight feet (8'). F. L ght Sourees Affixed to StFUctures: For all prapedies within the town, light eesnna, be affixed to any wall of a strdeture. Light �hall not be affixed to the top of a roof of a structure. 1. Compatibility: Outdoor lighting fixtures, fixture locations, and the color and intensity on the lighting must be aesthetically compatible with the site and structures on which they are located. Outdoor lighting must also be consistent with any applicable design guidelines outlined in the Vail Comprehensive Plan. 2. Glare/Light Trespass: Outdoor lights should be designed, installed, and maintained in such a manner as to not produce glare or light trespass onto adjacent properties and public ways. 3. Shielding: Outdoor lights should be fully shielded to not emit light above the horizontal plane. Lights must be installed and maintained in such a manner that the shielding is effective. 4. Lighting Direction: Outdoor lighting should be directed at the object intended to be illuminated, and directed down and away from adjacent properties and public ways. 5. Source Visibility: Outdoor light sources should be screened from adjacent properties and public ways. 6. Up -lighting: Any light directed upward must be contained by overhanging building or landscaping elements with the light source shielded from the sides. Up -lighting for flags should be shielded from the sides. 7. Dark Sky Friendly: Outdoor lights should be designed, installed, and maintained in accordance with the above listed guidelines to minimize the contribution of outdoor lighting to night time light pollution. Examples of "Dark Sky Friendly" outdoor lights are available from the International Dark Sky Association at www.darksky.org 8. Energy Efficiency: Outdoor lighting should be designed to conserve energy by utilizing energy efficient light sources such as Energy Star classified lights. Outdoor lighting should also be designed to conserve energy by using the lowest wattage lamp feasible and by utilizing energy efficient technologies such as seasonally adjusted automatic shut off timers, motion sensors, and photo voltaic systems. Outdoor lighting should also be operated to eliminate any unnecessary day -time use and reducing night time use during non -business hours and periods of limited residential activity. G. Cutoff Shields: -A" ! leeated n commere a' zoned stnets wh ch exeeed ffteen feet (15) n height shall exhilst a full cutoff shiaid. - 1 1. Flash mg, Revolving L ghts: Lights wh ch flash, move, rotate, se nt "ate, blink, ffid-l-el-, . ar, nintansit, or color, or use G. Prohibited Outdoor Lights: - 1. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation. 2. Lights affixed to the top of the roof of a structure. 3. Neon, or similar gas filled, lights. 4. High Intensity Discharge (HID) floodlights. 5. Laser source lights. 6. Search lights. 7. Any outdoor lighting that could interfere with the public health, safety, or welfare. I. Exemptions: The standards of this section shall not apply to: 1. Decorative Holiday Lights-Ghnstma"ee- -- -yes;dentiaf-zone-distrieisr-as4istedand which are lum noted only between 1­5�veft` - 2-Glhfe fief Avhieh-arete ieeated4n-'i��han-these res4derrt!r,:..� ... ; Irsted herein. - 3 2. Sign illumination. as set forth in title 11 of this code. 4 3. Municipal lighting installed for the benefit of public health, safety, and welfare. 5-0ufdaer�ight-sowces-sssef-fc-'" ��of-th4sseefiorr,-w"�wiH�in�ighteen�s�,�8'}ertessofi-frrdsh->grsdeatrct are-either-fall-cutofffixtures-er-havea-maxirmirnsourcelumens-oH�!i. 4. Outdocr lights associated with an approved Special Events Permit. 5. Outdoor lights associated with an Art in Public Places Board (AIPP) approved public art display 6. Temporary construction lighting associated with an approved building permit or design review approval, and lighting identifying hazards or road construction. J. Nonconformities: As of the effective date of this subsection, all legally established outdoor lighting that does not conform to every requirement of this section shall be legal nonconforming outdoor lighting. Legal nonconforming outdoor lighting shall not be moved in any direction, nor shall there be any change in use or light type, or any replacement or structural alteration made to the nonconform- ing outdoor lighting, without the outdoor lighting conforming to all applicable requirements of Title 12 of this code. K. Penalty: The penalty for violating this section shall be as provided in Section 1-4-1 of this code. Each day of violation shall consti- tute a separate offense for the purpose of calculating the penalty. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which, has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th, day of September, , 2008 and a public hearing for second reading of this Ordinance set for the 7th day of October, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Attest: Lorelei Donaldson, Town Clerk Richard D. Cleveland, Mayor Published in the Vail Daily October 11, 2008. (2373602) Your ads reach the online audience, too. validaily Com THE VAIL DAILY 970.949.0555 'i vaildai ORDINANCE NO. 16 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING A 430 SQUARE FOOT PORTION OF TRACT A, VAIL VILLAGE 7TH FILING, FROM HIGH DENSITY MULTIPLE -FAMILY (HDMF) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map'); and WHEREAS, the proposed amendment to the "Zoning Map' has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the `Zoning Map' to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Village Master Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the 'Zoning Map' is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the 'Zoning Map' promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: A 430 square foot portion of Tract A, Vail Village 71" Filing, shall be rezoned from High Density Multiple -Family (HDMF) district to General Use (GU) district, as illustrated on Exhibit A attached hereto. Section 2. If any part, section, subsection, sentence; clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance, and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this T" day of October, 2008 and a public hearing for second reading of this Ordinance set for the 21s' day of October, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Attest: Richard D. Cleveland, Mayor Lorelei Donaldson, Town Clerk Exhibit A Proposed Zoning (Tract A and a 430 sf portion of Lot A, Vail Village Seventh Filing) Rezomng frec jm Hgh fJans4y Mulf%o7e Earnty(HDMF) to General Use (Co Ford Park Manan VMot Subject Property (430 sf portion of Lot A, proposed to be conjoined with Tract A) Tract A a oras ORDINANCE NO. 16, SERIES OF 2008 Published in the Vail Daily, October 11, 2008. Saturday, October 11, 2008 C27 We've Teamed Up Benefit YOU! The Vail Daily has teamed up with Aftercollege.com, the premier college recruitment network, to deliver the most students and recent grads, With only one ad, we deliver students from 2,300 colleges and universities, r Reach over 2,1 million qualified candidates through Aftercollegercom. Reach candidates looking for: Part time Seasonal Internships Entry Level To advertise, contact your Vail Daily sales representative or call (970)845-9937, and your rep will schedule your ad on Aftercollegercom, V Dak www.vaildaily.com PROOF OF PUBLICATION STATE OF COLORADO } SS. COUNTY OF EAGLE I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 12/20/2008 and that the last publication of said notice was in the issue of said newspaper dated 12/20/2008. In witness whereof has here unto t my hand this 15th day of December, 2008 r' r P is /General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 15th day ofD.�cember, 2008. / J SC Pamela Joan Schub Notary Public �Q 1�(C))TA iY N My Commission expires: November 1, 2011 NO -:r,� �A� P'jB LY .E 970.949.0555 ,E , ,vaildaily.com Saturday,, December 20,20Q8 C23 CASH... IS WHAT YOU'LL SEE WHEN YOU SELL YOUR AUTO! PLACE YOUR AUTO PHOTO AD TODAY- VAZL DflILY CLfISSIFZEDS 845-9937 classif iedsCv �aildaily. com ORDINANCE NO. 22 Series of 2008 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 6, SERIES OF 2005, AMEND- ING THE APPROVED DEVELOPMENT PLAN FOR PHASE III OF SDD NO. 6, PURSUANT TO ARTI- CLE 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVER- SION OF AN EXISTING OFFICE AND RETAIL SPACE TO RESIDENTIAL FOR AN ADDITION TO AN EXISTING DWELLING UNIT, LOCATED AT 68 MEADOW DRIVE/LOT O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, amendments to a Special Development District are permitted pursuant to parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on October 13, 2008 to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and forwarded a recommendation of approval to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12-9A-8 of the Vail Town Code and that the ap- plicant has demonstrated that any adverse effects of the requested deviations from the development stan- dards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the approval of the major amendment to Special Development District No. 6, and the devel- opment standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the proposed amendments to Special Development District No. 6 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLO- RADO, THAT: 'All additions are illustrated with bold italics and deletions are illustrated with strikethrough Section 1. Purpose of the Ordinance The purpose of Ordinance No. 22, Series of 2008, is to amend the Development Plan for Phase III of SDD No. 6, to allow for the conversion of 1,237 square feet of commercial space to residential for an addition to an existing dwelling unit. Section 2. Establishment Procedures Fulfilled, Planning Commission Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 6, Vail Village Inn. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Development District No. 6 Special Development District No. 6, Vail Village Inn, is hereby amended to assure comprehensive devel- opment and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 6, Vail Village Inn, Phase 1, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Envi- ronmental Commission, and has been amended because there are significant aspects of the Special De- velopment District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards, Special Development No. 6. Vail Village Inn The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase III, shall include the following plans and materials prepared by Blue Line Architects, dated September 24, 2008: a. A1.3. Parking Map b. A2.1. Level 95.0 Existing c. A2.2. Level 95.0 Proposed d. A2.3. Level 105.0 Existing e. A2.4. Level 105.0 Proposed f. A2.5. Level 114.4 Existing g. A3.1 Exterior elevations h. A3.2 Exterior elevations I. A5.1. Vicinity Map The amended Development Plan for Special Development District No. 6, Vail Village Inn, Phase 1, shall include the following plans and materials prepared by Fritzlen Pierce Architects, dated December 13, 2004, and stamped approved by the Town of Vail, dated March 1, 2005: a. A200. Level One Floor Plan b. A201. Level Two Floor Plan c. A202. Level Three Floor Plan d. A301. North & South Elevations e. A302. East & West Elevations Density -Number of Units Per Acre - The number of dwelling units permitted in Special Development District No. 6, Vail Village Inn shall not exceed the following: Dwelling Units Per Acre - 13.25 Density - Gross Residential Floor Area - The gross residential floor area (GRFA) in Special Development District No. 6, Vail Village Inn, Phase III, which accounts for residential square footage only, shall not exceed the following: GRFA - 187,798 Square Feet Other Development Standards No other development standards are amended by this ordinance. Section 5. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 6, Vail Village Inn: 1.The applicant shall provide a recorded deed restriction, for a minimum of 375 square feet, in a form acceptable to the Zoning Administrator, and to the Town Attorney, prior to the issuance of a building permit. 2.The applicant shall install an accessibility and delivery lift located near Osage's, prior to the issuance of a temporary certificate of occupancy or certificate of occupancy. The applicant shall submit a development plan that reflects the location, installation specifications and documentation for the maintenance and repair of said accessibility and delivery lift, for review and approval by the Town Attorney and Zoning Administrator, prior to the issuance of a building permit. Section 6.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsec- tion, sentence, clause or phrase thereof, regardless of the fact that any one ormore parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 73he 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 S.AII 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 October, 2008 and a public hearing for second reading of the Ordinance set for the 4th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of December, 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Published in the Vail Daily December 20, 2008. (2737951) THE VAM DAILY ,{ 970.949.0555 .. itr ai9 'to►n' OR15INANCE NO. 31 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-13, EMPLOYEE HOUSING, VAIL TOWN CODE, TO ESTABLISH A DEED -RESTRIC- TION EXCHANGE PROGRAM, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on June 3, 2008, the Vail Town Council directed the Community Development Department to prepare amendments to the Vail Town Code to establish an Employee Housing Unit (EHU) deed restriction exchange program; and, WHEREAS, on October 28 2008, the Vail Local Housing Authority of the Town of Vail held a public hearing and reviewed and for- warded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations; and, WHEREAS, on December 8, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations in accordance with the procedures and criteria and findings outlined in Section 12-3-7 of the Vail Town Code; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable. elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VII of the Staff memorandum to the Planning and Environmental Commission dated December 8, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VII of the Staff memorandum to the Planning and Environmental Commission dated December 8, 2008„and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section VII of the Staff memorandum dated December 8, 2008; and, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT Section 1. Section 12-13-5, Employee Housing Deed Restriction Exchange Program, Vail Town Code is hereby established as follows: 12-13-5: Employee Housing Deed Restriction Exchange Program: A. Purpose: The purpose of this Section is to provide more livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing deed restriction exchange program. The exchange program allows for the removal of a deed restriction from an existing employee housing unit in exchange for the conveyance of a free-market dwelling unit to the Town of Vail to be deed restricted. B. Applicability: The program established under this Section may be applicable to an existing employee housing unit that is a non -apprecia- tion capped unit and is not part of any on-site employee mitigation requirement of Chapter 12-23, Commercial Linkage, or Chapter 12-24, Inclusionary Zoning. C. Definitions: For the purpose of this Section:. Commercial Job Core: Those areas located south of Interstate 70, east of the intersection of Forest Road and South Front- age Road, north of Vail Mountain, and west of. the Town of Vail Soccer Fields on Vail Valley Road, as further defined by Exhibit A in this Section. Exchange EMU: Existing employee housing unit with a deed -restriction that is being proposed to have the deed restriction released as part of this program. Proposed EMU: The existing dwelling unit that is being proposed to be conveyed to the Town of Vail for the purpose of placing a new employee housing deed restriction as part of this program. D. General Requirements: 1. Exchange EMU requirements: a. The exchange EMU shall not be part of a project that was developed or deed -restricted in part, or in whole, by the Town of Vail. b. The exchange EMU shall not be part of any on-site employee housing mitigation required by inclusionary zon- ing, commercial linkage, or as part of an approved development plan. 2. Proposed EMU requirements: a. The proposed EMU must be located within the Town of Vail. b. The proposed EMU shall not be within a homeowners' association that precludes deed restricted units, has a right of first refusal, right to approve the sale or the sale contract, or any other requirement deemed to be similarly restric- tive by the Administrator. 5. No Credit Given: If the floor area of the proposed EMU is in excess of the minimum required floor area, the additional floor area will not be available as a credit for any future EMU exchange application. 6. Compliance with Zoning Regulations: The property that includes the exchange EMU must comply with all requirements of Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code, upon removal of the deed restriction and any subsequent combination of the exchange EMU with other dwelling units. 7. Conveyance ofProposed EMU: The proposed EMU must be conveyed, fee simple, to the Town of Vail E. Review Process: 1. Application Required: The applicant shall provide the following as part of the EMU exchange application: a. An application fee as established by the Vail Town Council; and b. A detailed description of the exchange EMU and the proposed EMU; and C. A written narrative of how the proposal complies with the general requirements and criteria of this Section; and d. Any additional information deemed necessary by the Administrator. 2. Application Review Procedure: The Administrator shall review the application for completeness and compli- ance with this Section, and shall make a determination of completeness and compliance with this Section within fourteen (14) days of application submittal. Should the Administrator deem that the application is incomplete or not in compliance with this Section, the Administrator shall deny the application. Should the Administrator deem the application is both complete and in compliance with this chapter, the Administrator shall forward the application for review by the Vail Local Housing Authority. The Vail Local Housing Authority shall review the application and make a recommendation to the Vail Town Council within thirty (30) days of the application submittal based upon the criteria outlined in Section 12-13-5E-3. The Vail Town Council shall make a final determination of approval, approval with modifications, or denial of the application, based upon the criteria outlined in Section 12-13-5E-3. 3. Criteria and Findings: a. Criteria: Before acting on an exchange program application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the requested application: 1. The proposed EMU is deemed to be of adequate condition and is not likely to have substantial maintenance needs beyond typical maintenance within the following year; and 2. The proposed EMU will not have costs incurred beyond HOA dues and typical maintenance fees that will pre- clude the unit from being affordable; and 3. Should the proposed EMU be within a homeowners association, the financial situation of the homeowners as- sociation shall be deemed in stable condition with sufficient funds to cover existing anticipated repairs and maintenance; 4. Any homeowners association fees associated with the proposed EMU shall be commensurate with the services and amenities provided by the homeowners association; b. Necessary Findings: Before recommending and/or granting an approval of an application for an EMU exchange, the Vail Local Housing Authority and the Veil Town Council shall make the following findings with respect to the requested amendment: 1. That the application meets the requirements of Section 12-13-5D; and 2. That the application meets the criteria of Section 12 -13 -5E -3(a), Vail Town Code; and 3. That the application is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 4. That the Application furthers the general and specific purposes of the zoning regulations and employee hous- ing regulations; and 5. That the application promotes the health, safety, morals, and general welfare of the,town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 4. Appeals: Determinations made by the Vail Town Council and the Administrator may be appealed pursuant to Section 12-3-9, Appeals, Vail Town 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 effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper -for the health, safety and welfare of the Town of Vail and the inhabitants thereof. - Section 5. The amendment of any provision of the Town Code as provided in this ordinance -shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, thereto- fore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of December, 2008 and a public hearing for second reading of this Ordinance set for the 6th day of January, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 3. Exchange Rate: - a. If the exchange EMU is within the commercial job core and the proposed EMU is also within the commercial job core, the floor area of the proposed EMU shall be a minimum of two (2) times the floor area of the exchange EMU. Richard D. Cleveland, Mayor b. If the exchange EMU is within the commercial job core and the proposed EMU is outside of the commercial job Attest: core, the floor area of the proposed EMU shall be a minimum of three (3) times the floor area of the exchange EMU. Lorelei Donaldson, Town Clerk C. If the exchange EMU is outside of the commercial job core and the proposed EMU is inside of the commer- cial job core, the floor area of the proposed EMU shall be a minimum of one and one-half (1.5) times the floor area of the exchange EMU. d. If the exchange EMU is outside of the commercial job core and the proposed EMU is outside of the commercial job core, the floor area of the proposed EMU shall be a minimum of two (2) times the floor area of the exchange EMU. 4. Exception; Fee4n-Lieu: The applicant may elect to provide a proposed EMU that is within 80% of the minimum required floor area for the proposed EMU and a payment is made for the remaining minimum required floor area at the rate established by the Vail Town Council for inclusionary zoning fee in lieu. Published in the Vail Daily December 20, 200 �s iti F wllr �' % gg vas wagge 'NOAMM" A- 11 Commercial•f Core -------------N 2392 PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 9/8/2008 and that the last publication of said notice was in the issue of said newspaper dated 9/8/2008. In witness whereof has here unto setmy d this 7th day of October, 2008 Publisher/ r a r/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 1St day of October 7th , 2008. Pamela Joan Schultz J. SC,S, Notary Public NOTARY My Commission expires: November 1, 2011 _10-0-0_ Cn o7�� PUBUC I 4Z CO�-O PUBLIC NOTICE NOTICE OF PROPOSED AMENDED BUDGET HEARING OF THE TOWN OF VAIL NOTICE IS HEREBY GIVEN that a proposed amended budget for 2008 has been submitted to the Town Council of the Town of Vail. That a copy of such proposed amended budget has been filed in the office of the Town Clerk for the Town of Vail, at 75 South Frontage Road, Vail, Colorado, and where the same proposed amended budget is open for inspection by the public. And that such proposed amended budget will be considered at a public meeting of the Town Council to be held at the Town Council Chambers in the Vail Municipal Building, 75 South Frontage Road, Vail, Colorado, on September 16, 2008 at approximately 6 P.M. Any elector within the Town may, at any time prior to the final adoption of the budgets, file any objec- tions thereto. Town of Vail Vrelei Donaldson, Town Clerk Published in the Vail Daily September 8, 2008. (2173027) Number PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/2/2008 and that the last publication of said notice was in the issue of said newspaper dated 11/2/2008. In witness whereof has here unto set my hand this 18th day of November, 2008 Publish era Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 18th day of November, 2008. Pamela Joan Schultz il Notary Public My Commission expires: November 1, 2011 � N O . r PUBLIC � OF CO�O�11 PUBLIC NOTICE NOTICE OF PROPOSED BUDGET HEARING OF THE TOWN OF VAIL NOTICE IS HEREBY GIVEN that a proposed bud- get for 2009 has been submitted to the Town Council of the Town of Vail. That a copy of such proposed budget has been filed in the office of the Town Clerk for the Town of Vail, at 75 South Front- age Road, Vail, Colorado, and where the same proposed budget is open for inspection by the pub- lic. And that such proposed budget will be consid- ered at a public meeting of the Town Council to be held at the Town Council Chambers in the Vail Mu- nicipal Building, 75 South Frontage Road, Vail, Colorado, on November 4, 2008 at approximately 6 P.M. Any elector within the Town may, at any time prior to the final adoption of the budgets, file any objections thereto. Town of Vail Lorelei Donaldson, Town Clerk Published in the Vail Daily November 2 , 2008. (2488077) Number PROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 11/10/2008 and that the last publication of said notice was in the issue of said newspaper dated 11/10/2008. In witness whereof has here unto set my ha d this 18th day of November, 2008 Publisher/ er ana er/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 18th day of November, 2008. Pamela Joan Schultz aQ� %0Tggy ' Notary Public My Commission expires: November 1, 2011 'yam �l'/BLIC o��/SOF co PUBLIC NOTICE NOTICE OF PROPOSED AMENDED BUDGET HEARING OF THE VAIL LOCAL MARKETING DISTRICT NOTICE IS HEREBY GIVEN that a proposed amendment to the 2008 budget has been submit- ted to the Board of Directors of the Vail Local Mar- keting District (District). That a copy of such pro- posed amendment has been filed in the office of the Assistant Town Manager for the Town of Vail, at 75 South Frontage Road, Vail, Colorado, and where the en for inspection by the public nt is lic.e And that osed such proposed d amendment will be considered at a public meeting of the Board of Directors of the District to be held at the Town Council Chambers in the Vail Municipal Building, 75 South Frontage Road, Vail, Colorado, on November 18, 2008 at 1 P.M. Any elector within the at inal adoption of the budgstrict ets, file any objections time prior to the ctions thereto Vail Local Marketing District Published in the Vail Daily November 10, 2008. (2533985)