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PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 1, Series of
2010, on the Town of Vail's web site, www.vailqov.com, on the 6th day of
January, 2010.
Witness my hand and seal this IP day of , 2010.
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ORDINANCE NO. 1
Series of 2010
AN EMERGENCY ORDINANCE AMENDING THE TOWN OF VAIL'S HEALTH
INSURANCE FUND BUDGET FOR 2009; MAKING SUPPLEMENTAL
APPROPRIATIONS THERETO; AND DECLARING AN EMERGENCY.
WHEREAS, contingencies have arisen during the fiscal year 2009 which could
not have been reasonably foreseen or anticipated by the Town Council at the time it
enacted Ordinance No. 25, Series of 2008, adopting the 2009 Budget and Financial Plan
for the Town of Vail, Colorado; and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient
funds are available to discharge the appropriations referred to herein, not otherwise
reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of
Vail; and,
WHEREAS, Section 4.11 of the Charter provides that an ordinance may be
passed as an emergency measure for the preservation of the public property, health,
welfare, peace or safety, upon unanimous vote of all members of the Council present or
a vote of five members of the Council, whichever is less, and
WHEREAS, in order to properly reflect the expenditure as a 2009 transaction and
promptly pay costs, the Town Council finds that it should make certain supplemental
appropriations and budget adjustments as set forth herein.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado,
that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the
Town Council hereby makes the following supplemental appropriations and budget
adjustments for the 2009 Budget and Financial Plan for the Town of Vail, Colorado, and
authorizes the expenditure of said appropriations as follows:
Health Insurance Fund $450,000
2. Due to the immediate need by the Town to pay medical claims in the proper
fiscal year, an emergency exists which requires the immediate passage of this ordinance
as an emergency measure, and it is hereby declared that the approval of this ordinance
Ordinance No. 1, Series 2010
as an emergency measure is necessary for the preservation of the public property,
health, welfare, peace or safety.
3. Pursuant to Section 4.11 of the Charter, this ordinance shall be finally passed on
the date hereof and shall be effective on the date hereof. This ordinance, as adopted by
the Council, shall be numbered and recorded by the Town Clerk of the Town in the
official records of the Town. The ordinance shall be authenticated by signatures of the
Mayor and Town Clerk of the Town, and shall be published within ten days of the date
hereof as required by the Charter.
4. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
5. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecution commenced, nor any other action or proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
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 AND FINALLY PASSED AS AN EMERGENCY MEASURE AND
ORDERED PUBLISHED ONCE IN FULL this 5th day of January, 2010.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 2, Series of
2010, on the Town of Vail's web site, www.vailgov.com, on the 20th day of
January, 2010.
my hand and seal this Q,, day of �Cc�r� , 2010.
Town of Vail puty rk
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ORDINANCE NO. 2
Series of 2010
AN EMERGENCY ORDINANCE IMPOSING A TEMPORARY MORATORIUM OF
ONE HUNDRED EIGHTY (180) DAYS IN DURATION ON THE PROCESSING AND
APPROVAL OF ANY APPLICATION FOR A PERMIT OR LICENSE RELATED TO
THE OPERATION OF A BUSINESS THAT SELLS MEDICAL MARIJUANA
PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE XVIII, § 14 OF THE
COLORADO CONSTITUTION; DIRECTING THE PROMPT INVESTIGATION OF
THE TOWN'S REGULATORY AUTHORITY OVER SUCH BUSINESSES; AND
SETTING DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a
home rule Town duly existing under the Constitution and laws of the State of Colorado and its home
rule charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly
elected and qualified; and
WHEREAS, in the November 2000 general election, the voters of the State of Colorado
adopted Amendment 20 to the Colorado Constitution (Article XVIII, § 14), which authorizes and limits
the sale of medical marijuana for use in the treatment of certain debilitating medical conditions; and
WHEREAS, the Council is aware that staff has received inquiries from persons who are
interested in opening and operating businesses and cooperatives that would offer medical marijuana
for sale or distribution, including the cultivation of marijuana ( "Medical Marijuana Dispensaries "); and
WHEREAS, the Town has no current land use or business regulations permitting the
operation of Medical Marijuana Dispensaries, and in fact, the Town's current regulations prohibit the
operation of Medical Marijuana Dispensaries in the Town; and
WHEREAS, the Council is aware of potential state legislation that will be considered by the
Colorado Legislature during its 2010 legislative session, and any such legislation may impact the
Town's regulatory authority over Medical Marijuana Dispensaries; and
WHEREAS, the Council is aware of potential federal legislation (H.R. 2835) removing
marijuana from the substances banned by the federal Controlled Substances Act in certain
circumstances and amending the Federal Food, Drug and Cosmetic Act, and any such legislation
may impact the Town's regulatory authority over Medical Marijuana Dispensaries; and
WHEREAS, the Council is also aware of the pendency of the case of Frasher, et al. v. City of
Centennial, Arapahoe County District Court Case No. 09 CV 1456, regarding the local regulation of
Medical Marijuana Dispensaries within the City of Centennial and which may also have some
bearing on the regulatory authority over Medical Marijuana Dispensaries; and
WHEREAS, the imposition of a moratorium on the processing and approval of applications
for Town permits and licenses relating to the operation of Medical Marijuana Dispensaries will allow
Town staff, the Town Attorney and the Council to investigate the Town's regulatory authority over
Medical Marijuana Dispensaries; and
WHEREAS, one hundred eighty (180) days is a reasonable length of time for the Town to
properly investigate the Town's regulatory authority over Medical Marijuana Dispensaries; and
Ordinance No. 2, Series of 2010
WHEREAS, Section 4.11 of the Charter provides that an ordinance may be passed as an
emergency measure for the preservation of the public property, health, welfare, peace or safety,
upon unanimous vote of all members of the Council present or a vote of five (5) members of the
Council, whichever is less; and
WHEREAS, proprietors of Medical Marijuana Dispensaries will not be unduly prejudiced by
the imposition of such a temporary moratorium.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
Section 1. Findings and Intent. The foregoing recitals are incorporated herein by
reference and adopted as findings and determinations of the Council.
Section 2. Temporary Moratorium. Upon the adoption of this Ordinance, a moratorium
is imposed upon the processing and approval by the Town of applications for permits and licenses
related to Medical Marijuana Dispensaries. Town staff is directed to refuse to process, review or
approve any such applications for Medical Marijuana Dispensaries during the moratorium.
Section 3. Investigation and Evaluation. During the moratorium, Town staff, working
with the Town Attorney, shall investigate and evaluate the regulatory authority of the Town over
Medical Marijuana Dispensaries, including the impact of applicable court rulings and the proposed
state and federal legislation, and determine whether the Town must allow Medical Marijuana
Dispensaries within its boundaries, and if so, what regulations should govern such Medical
Marijuana Dispensaries.
Section 4. Police Power Finding. The Council hereby finds, determines and declares
that this Emergency Ordinance is necessary and proper to provide for the safety, preserve the
health, promote the prosperity, and improve the order, comfort and convenience of the Town and the
inhabitants thereof.
Section 5. Authority. The Council hereby finds, determines and declares that it has the
power to adopt this Ordinance pursuant to: (i) the Local Government Land Use Control Enabling
Act, Article 20 of Title 29 C.R.S.; (ii) Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal
zoning powers); (iii) C.R.S. § 31 -15 -103, C.R.S. (concerning municipal police powers); (iv) C.R.S. §
31- 15401 (concerning municipal police powers); (v) C.R.S. § 31 -15 -501 (concerning municipal
power to regulate businesses); (vi) the authority granted to home rule municipalities by Article XX of
the Colorado Constitution; and (vii) the powers contained in the Town of Vail Home Rule Charter.
Section 6. Emergency Declared; Effective Date; Expiration. Pursuant to § 4.11 of the
Charter, the Council finds, determines and declares that passage of this Emergency Ordinance is
necessary for the immediate preservation of public property, health, peace and safety to prevent the
processing and approval of any application for a Town permit or license relating to the operation of a
Medical Marijuana Dispensary until the Town has had a reasonable opportunity to: determine the
extent of the Town's regulatory authority over Medical Marijuana Dispensaries and investigate and
evaluate the impact, if any, that potential state and federal legislation and court rulings have on the
Town. The Council further determines that the adoption of this Ordinance as an emergency
ordinance is in the best interest of the citizens of the Town. The moratorium imposed by this
Ordinance shall commence immediately upon adoption of this Ordinance and shall expire one
hundred eighty (180) days thereafter, unless repealed prior to that date or extended, if necessary, as
determined by the Town Council.
Ordinance No. 2, Series of 2010
Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance; and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the
fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
Section 8. The repeal or the repeal and reenactment of any provision of the Municipal
Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the provision
repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated herein.
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 AND FINALLY PASSED AS AN EMERGENCY MEASURE AND ORDERED
PUBLISHED ONCE IN FULL this 19th day of January, 2010.
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 2, Series of 2010
Dick Cleveland, Mayor
AD Number: 4646370
PROOF OF PUBLICATION
STATE OF COLORADO }
} SS.
COUNTY OF EAGLE }
I, Don Rogers, 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 2/12/2010 and that the last publication of said notice was in the issue of said
newspaper dated 2/12/2010.
In witness whereof has here t hand this 19th day of February, 2010.
4
Pu Manager /Editor
Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 19th
day o, ary, 2010.
Pamela Joan Schultz
Notary Public
My Commission expires: November 1, 2011 PAMELA J SCHULTZ
State pf C�do
PUBLIC NICE
PROPOSED AMENDED BUDGET HEARING
OF THE TOWN OF VAIL
NOTICE IS HEREBY GIVEN that a proposed
;�j•� amended budget for 2010 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 March 2, 2010 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
Lorelei Donaldson, Town Clerk
Published in the Vail Daily February 12, 2010.
(46.46a7D1
PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 3, Series of
2010, on the Town of Vail's web site, www.vailgov.com, on the 5th day of May,
2010.
Witness my hand and seal this S
4 `�.� — L
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Mil -•� -
day of 4 2010.
ORDINANCE NO. 3
SERIES OF 2010
AN ORDINANCE AMENDING SECTION 14 -10 -5, BUILDING MATERIALS AND DESIGN, VAIL
TOWN CODE, PURSUANT TO SECTION 14 -1 -3, ADMINISTRATION OF STANDARDS, FOR
CHANGES TO THE SOLAR PANEL REGULATIONS, AND SETTING FORTH DETAILS IN
REGARD THERETO.
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 January 25, 2010
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 findq that the proposed
amendments promote the health, safety, morals, and general welfare of. 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 the proposed amendments are consistent
with the Town of Vail Environmental Sustainability Strategic Plan adopted goal of promoting
energy conservation and a reduction in greenhouse gas emissions by supporting renewable
energy projects; and
WHEREAS, the Vail Town Council finds that these amendments will provide more
appropriate, improved regulations for solar energy devices consistent with the architectural and
Ordinance No. 3, Series of 2010, 2n° Reading 1
aesthetic character of the Town of Vail; 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 amend Section 14 -10 -5, Building
Materials and Design, in order to amend regulations for solar energy devices. (Text that is to be
deleted is stFiskea. 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:
Solar energy device: A solar collector or similar device or a structural design
feature of a structure, such as a roof shingle with integrated photovoltaic cells,
which collects sunlight and converts the sun's radiant energy into thermal,
chemical, mechanical, or electrical energy
Section 3. Section 14 -10 -5 is hereby amended as follows:
H. Solar energy devices should be installed on building roofs and facades and
oriented for energy production. Solar energy devices shall be designed and
placed in a manner compatible and architecturally integrated into the overall
design of the building. Solar energy devices may be installed within the
required setbacks on existing structures if the structure is legally
nonconforming or permitted to encroach into the setback. Solar energy
devices shall not be included in calculation of building height. No portion of
any solar energy device shall project more than eight (8) feet from the roof
plane or fagade to which the panel is attached. Solar energy devices shall not
be installed within two (2) feet of a roof ridge or roof eave. Solar energy
devices shall not extend higher than the existing adjacent ridgeline on roofs
with pitches of 3:12 or greater. On roofs with pitches less than 3:12, the
Design Review Board shall make a determination that the solar panels are
installed to minimize excessive visual impact. Solar energy device framing,
brackets and associated equipment shall be painted black or a color that
matches adjacent building surfaces at the discretion of the Design Review
Board. See Figures 1, 2, 3 and 4 for visual explanation of regulations.
Ordinance No. 3, Series of 2010, 2nd Reading
Figure 1: Required Distances of Solar Energy Devices from Roof Edge
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Fiaure 2: Reaulations Applied to a 8:12 Roof
Ordinance No. 3, Series of 2010, 2 n° Reading 3
ure 3: Kequianons Hppllea to a 3:l L KOOT
Panels shall not exceed Hdgeline
-- - - - - - - - - - - - - - - ' - - - - - - - - - - -- -- ------ - - - - - - - - - - - - -
L �I
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
Ordinance No. 3, Series of 2010, 2n° Reading 4
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 16th day of February, 2010 and a public
hearing for second reading of this Ordinance set for the 4th day of May, 2010, 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 4th day of May, 2010.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 3, Series of 2010, 2n° Reading 5
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 3, Series of
2010, on the Town of Vail's web site, www.vailgov.com, on the 17th day of
February, 2010.
Witness my hand and seal this _ day o S , 2010.
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ORDINANCE NO. 3
SERIES OF 2010
AN ORDINANCE AMENDING SECTION 14 -10 -5, BUILDING MATERIALS AND DESIGN, VAIL
TOWN CODE, PURSUANT TO SECTION 14 -1 -3, ADMINISTRATION OF STANDARDS, FOR
CHANGES TO THE SOLAR PANEL REGULATIONS, AND SETTING FORTH DETAILS IN
REGARD THERETO.
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 January 25, 2010
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 Planning and Environmental Commission finds that the proposed
amendments are consistent with the Town of Vail Environmental Sustainability Strategic Plan
adopted goal of promoting energy conservation and a reduction in greenhouse gas emissions
by supporting renewable energy projects; and
WHEREAS, the Vail Town Council finds that these amendments will provide more
appropriate, improved regulations for solar panels consistent with the architectural and aesthetic
Ordinance No. 3, Series of 2010 1
character of the Town of Vail; 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 amend Section 14 -10 -5, Building
Materials and Design, in order to amend regulations for solar panels. (Text that is to be deleted
is strinkpn. 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:
SOLAR PANEL: a group of solar cells that are installed onto a flat panel surface.
Photovoltaic (PV) panels capture sunlight and convert it into electric power. Solar
thermal panels capture sunlight and convert it into heat for the purposes of space
heating, or hot water.
Section 3. Section 14 -10 -5 is hereby amended as follows:
H. Solar panels should be installed on building roofs and facades and oriented for
energy production. Solar panels shall be designed and placed in a manner
compatible and architecturally integrated into the overall design of the building.
Solar panels may be installed within setbacks on existing structures if the
structure is legally nonconforming or permitted to encroach into setbacks. Solar
panels shall not be included in calculation of building height. No portion of any
solar panel shall project more than eight (8) feet from the roof plane or fagade to
which the panel is attached. Solar panels shall not be installed within two (2) feet
of a roof ridge or roof eave. Solar panel framing, brackets and associated
equipment shall be painted to match adjacent building surfaces.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Ordinance No. 3, Series of 2010
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 16th day of February, 2010 and a public
hearing for second reading of this Ordinance set for the 2nd day of March, 2010, 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
Ordinance No. 3, Series of 2010
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 4, Series of
2010, on the Town of Vail's web site, www.vailgov.com, on the 4th day of March,
2010.
Witness my hand and seal this L1 "day of -�Q��,� , 2010.
(seal)
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ST
ORDINANCE NO.4
SERIES OF 2010
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH
SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2010 BUDGET FOR THE
TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET
FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2010 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
19, Series of 2009, adopting the 2010 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2010 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund
$ 243,000
Capital Projects Fund
6,352,926
Real Estate Transfer Tax Fund
2,956,973
Dispatch Services Fund
73,000
Heavy Equipment Fund
230,000
Total
$ 9,855,899
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. 4, Series of 2010
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 2nd day of March, 2010, and a public hearing shall be held on this Ordinance
on the 16th day of March, 2010, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 4, Series of 2010
Dick Cleveland, Mayor
t
i A
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 4, Series of
2010, on the Town of Vail's web site, www.vailgov.com, on the 17th day of March,
2010.
Witness my hand and seal this /2 -�—L day of d��GZ� --- , 2010.
ammy _
T ai Deputy zlt (seal)
ORDINANCE NO.4
SERIES OF 2010
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH
SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2010 BUDGET FOR THE
TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET
FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2010 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
19, Series of 2009, adopting the 2010 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2010 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund
Capital Projects Fund
Real Estate Transfer Tax Fund
Dispatch Services Fund
Heavy Equipment Fund
Total
$ 243,000
7,024,426
2,855,473
73,000
230,000
$10,425,899
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. 4, Series of 2010
- -1 --
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 2nd day of March, 2010, and a public hearing shall be held on this Ordinance
on the 16th day of March, 2010, 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 16th
day of March 2010.
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 4, Series of 2010
Dick Cleveland, Mayor
- -2 --
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 5, Series of
2010, on the Town of Vail's web site, www.vail.gov.com, on the 21St day of April,
2010.
Witness my hand and seal this a 13.4 day of fbn. Q , 2010.
T ag Nage ZOWN
Town o ail Deputy CI = ,.•••••••.,0,� (seal)
ORDINANCE NO. 5
SERIES OF 2010
AN ORDINANCE AMENDING SECTION 6- 3C -6(B) OF THE VAIL TOWN CODE
REGARDING THE POSSESSION, USE AND DISPLAY OF CANNABIS; 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 that public display or consumption of
cannabis within the Town is of public concern and efficient police regulation of
such a crime would preserve the general welfare of the citizens and guests of the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO, THAT;
Section 1. Section 6- 3C -6(B) is hereby amended to read as follows:
SECTION 6- 3C -6(B) UNLAWFUL ACTS DESIGNATED: It shall be unlawful for
any person to:
1. Possess not more than one (1) ounce. of cannabis, without
documented legal authority to do so; or
2. Openly and publicly display, consume or use not more than one (1)
ounce of cannabis.
Any person convicted of having violated this Section B shall be punished
pursuant to Section 1 -4 -1 of this Code.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the
validity of the remaining portions of this ordinance; and the Town Council hereby
declares it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed,
Ordinance No. 5, Series 2010
any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by
virtue of the provision amended. The amendment of any provision hereby shall
not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or
ordinance, or part thereof, theretofore repealed.
Section 5. The Council hereby finds, determines and declares that this
Ordinance is necessary and proper for the health, safety and welfare of the Town
of Vail and the inhabitants thereof.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of
Aril, 2010, and a public hearing for second reading of this Ordinance set for the
4 day of May, 2010, at 6:00 P.M. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Dick Cleveland, Town Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 5, Series 2010
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 5, Series of
2010, on the Town of Vail's web site, www.vailgov.com, on the 5th day of May,
2010.
Witness my hand and seal this Sts day of , 2010.
ORDINANCE NO. 5
SERIES OF 2010
AN ORDINANCE AMENDING SECTION 6- 3C -6(B) OF THE VAIL TOWN CODE
REGARDING THE POSSESSION, USE AND DISPLAY OF CANNABIS; 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 that public display or consumption of
cannabis within the Town is of public concern and efficient police regulation of
such a crime would preserve the general welfare of the citizens and guests of the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO, THAT;
Section 1. Section 6- 3C -6(B) is hereby amended to read as follows:
SECTION 6- 3C -6(B) UNLAWFUL ACTS DESIGNATED: It shall,be unlawful for
any person to:
1. Possess not more than one (1) ounce of cannabis, without
documented legal authority to do so; or
2. Openly and publicly display, consume or use not more than one (1)
ounce of cannabis.
Any person convicted of having violated this Section B shall be punished
pursuant to Section 1 -4 -1 of this Code.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the
validity of the remaining portions of this ordinance; and the Town Council hereby
declares it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed,
Ordinance No. 5, Series 2010
i
any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by
virtue of the provision amended. The amendment of any provision hereby shall
not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or
ordinance, or part thereof, theretofore repealed.
Section 5. The Council hereby finds, determines and declares that this
Ordinance is necessary and proper for the health, safety and welfare of the Town
of Vail and the inhabitants thereof.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of
4t Aril, 2010, and a public hearing for second reading of this Ordinance set for the
day of May, 2010, at 6:00 P.M. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Dick Cleveland, Town Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
IN FULL this 4th day of May, 2010.
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 5, Series 2010
Dick Cleveland, Mayor
PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 6, Series of
2010, on the Town of Vail's web site, www.vailgov.com, on the 5th day of May,
2010.
Witness my hand and seal this day day of
'r
2010.
Attachment A
ORDINANCE NO.6
SERIES OF 2010
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 13, SERIES OF 1986,
TO AMEND THE APPROVED DEVELOPMENT PLAN AND REQUIREMENTS FOR SITE
COVERAGE, SETBACKS, AND GROSS RESIDENTIAL FLOOR AREA, IN ACCORDANCE
WITH 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE
CONSTRUCTION OF A RESIDENTIAL ADDITION (PATIO ENCLOSURE) TO THE NORTH
SIDE OF UNIT 8, BISHOP PARK, LOCATED AT 63 WILLOW PLACE/ LOTS 1 & 2, BLOCK 6,
VAIL VILLAGE FILING 1, 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.
13, Series of 1986, to amend the Approved Development Plan and development parameters, to
allow for the construction of a proposed addition (patio enclosure); 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 and Environmental Commission held a public hearing on April 12, 2010 on the major
amendment application and has submitted its recommendation of approval, with conditions, to
the Vail Town Council by a vote of 4 -0 -2 (Viele and Paladino recused); 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 Special Development District No. 15, Bishop Park.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Ordinance No. 6, Series of 2010
Section 1. Purpose of the Ordinance
Ordinance No. 13, Series of 1986, is hereby repealed and re- enacted by Ordinance
No. 6, Series of 2010.
Section 2. Amendment Procedures Fulfilled, Planning Commission Report.
The approval procedures described in Article 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. 15, Bishop Park.
Section 3. Special Development District No. 15
Special Development District No. 15 (SDD 15) and the development plan therefore,
are hereby approved as amended for the development of Lots 1 and 2, Block 6,
Vail Village First Filing, within the Town of Vail, consisting of 0.7133 acres.
Section 4. Ordinance No. 13, Series of 1986, is hereby repealed and reenacted so that
the language of Special Development District No. 15, Bishop Park, shall read
as follows (additions except rearrangement of language are shown in bold
underline, and deletions except rearrangement of language are shown in bold
stfilcathreU914):
Purpose
Special Development District No. 15 (SDD 15) was established to ensure
comprehensive development and use of an area that will be harmonious with the
general character of the Town of Vail and to promote the upgrading and
redevelopment of a property within the Town. The development is regarded as
complementary to the Town by the Town Council and meets all design standards
as set forth in the Vail Town Code. There are significant aspects of Special
Development District 15 which cannot be satisfied through the imposition of the
standards in the High Density Multiple Family (HDMF) District. SDD 15 is
compatible with the upgrading and redevelopment of the community while
maintaining its unique character
Established
Ordinance No. 6, Series of 2010 2
Special Development District No. 15 (SDD 15) and the development plan therefore,
are hereby approved as amended for the development of Lots 1 and 2, Block 6,
Vail Village First Filing, within the Town of Vail, consisting of 0.7133 acres.
Amendments
Any amendments to SDD 15 shall follow the procedures and regulations outlined in
Article 12 -9A, Vail Town Code.
Permitted, Conditional and Accessory Uses
Permitted, conditional and accessory uses shall be set forth in the High Density
Multiple Family District, per Article 12 -6H, Vail Town Code.
Density - Dwelling Units
The number of dwelling units shall not exceed twelve (12) dwelling units, including
one (1) employee housing unit on -site.
Density - Gross Residential Floor Area
Since the adoption of Ordinance No. 13, Series of 1986, the method of calculation
of Gross Residential Floor Area (GRFA) has been amended and numerous "250
Additions" have been constructed. The total allowable GRFA on -site is 26,668
27,574 square feet.
Development Plans
The approved development plan shall be included as Exhibit A upon
second reading of Ordinance No. 6. Series of 2010. The development plan
for SDD 15 is approved and shall constitute the plan for development within the
special development district. The development plan is comprised of certain
plans adopted by Ordinance No. 13, Series of 1986 as well as amended
plans. The following plans were adopted by Ordinance No. 13. Series of
1986, and were submitted by Gordon Pierce, AIA, Architects and Berridge
Associates, Inc., Landscaping Architects:
1. Elevations and sections by Gordon R. Pierce dated March 17, 1986
2. Preliminary landscape plan by Berridge Associates, Inc. dated March 17, 1986
Ordinance No. 6, Series of 2010 3
Amended development plans submitted by K.H. Webb Architects adopted
by Ordinance No. 6. Series of 2010, are as follows:
1. Site plan by K.H. Webb dated February 8. 2010
2. Floor plans by K.H. Webb dated February 8. 2010
Development Standards
The development standards set out herein are approved by the Town Council.
The development standards represent the existing structures within Bishop
Park as of April 8. 2010, plus the amendments from Ordinance No. 6 Series
of 2010.
Setbacks
Setbacks are as built on the site plan adopted as part of the development
plans.
Height
Maximum height shall be no greater than
mss: 44 feet.
Site Coverage
Site coverage shall not
exceed 66% of the total site area.
Landscaping
Landscaping shall be as shown on the development plans. a minimum
of 56% of total site (with up to 20% hardscape counting
towards landscaping requirement).
Parking and Loading
The minimum parking requirement is 29 underground parking spaces and
4 surface spaces for loading and delivery.
Recreation Amenities Tax Assessed
The recreational amenities tax shall be assessed for any additions at the time of
issuance of building permit for the current rate set by the Town of Vail.
Ordinance No. 6, Series of 2010 4
Use Restriction Related to the Employee Housing Unit (formerly referred to
as Manager's Unit)
The employee housing unit, Unit No. 12, shall be restricted to employee housing
as per Chapter 12 -13, Employee Housing, Vail Town Code.
Additional Amenities and Approval Agreements for Special Development
District No. 15.
A. At the time of adoption of Ordinance No. 13, Series of 1986. the
applicant, or his successor in interest, agreed to contribute $4,900
toward the construction of a bike pathway from Vail Road to Willow
Bridge Road in the form of an unconditional letter of credit from a
financial institution and in a form acceptable to the Town Attorney.
A letter of credit was provided but per the provisions in Ordinance
No. 13. Series of 1986, the funds were released because
construction of the bike pathway was not commenced within five (5)
years of adoption.
B. Upon issuance of a building permit for the additions proposed
within Ordinance No. 6. Series of 2010, the applicant shall pay a fee -
in -lieu for mitigation of employee housing for 22.1 square feet, per
the adopted fee schedule established by the Vail Town Council.
Time Requirements
SDD No. 15 shall be governed by the procedures outlined in Article 12 -9A of the
Town of Vail Municipal Code. Should the addition proposed as part of the
major amendment within Ordinance No. 6. Series of 2010 not commence
within three years of the adoption of Ordinance No. 6. Series of 2010.
Ordinance No. 6. Series of 2010 will be void, thus reinstatina Ordinance No.
13, Series of 1986.
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,
Ordinance No. 6, Series of 2010 5
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 6. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action or
proceeding as commenced under or by virtue of the provision amended. The amendment of
any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of May, 2010, and a public
hearing for second reading of this Ordinance set for the 18th day of May, 2010, 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
Ordinance No. 6, Series of 2010 6
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 6, Series of
2010, on the Town of Vail's web site, www.vailgov.com, on the 19th day of May,
2010.
Witness my hand and seal this ic1 -t day of , 2010.
Ta m el
Town of Vail Deputy Clerk
Attachment A
ORDINANCE NO.6
SERIES OF 2010
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 13, SERIES OF 1986,
TO AMEND THE APPROVED DEVELOPMENT PLAN AND REQUIREMENTS FOR SITE
COVERAGE, SETBACKS, AND GROSS RESIDENTIAL FLOOR AREA, IN ACCORDANCE
WITH 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE
CONSTRUCTION OF A RESIDENTIAL ADDITION (PATIO ENCLOSURE) TO THE NORTH
SIDE OF UNIT 8, BISHOP PARK, LOCATED AT 63 WILLOW PLACE/ LOTS 1 & 2, BLOCK 6,
VAIL VILLAGE FILING 1, 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.
13, Series of 1986, to amend the Approved Development Plan and development parameters, to
allow for the construction of a proposed addition (patio enclosure); 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 and Environmental Commission held a public hearing on April 12, 2010 on the major
amendment application and has submitted its recommendation of approval, with conditions, to
the Vail Town Council by a vote of 4 -0 -2 (Viele and Paladino recused); and
WHEREAS, the Vail Town Council approved Ordinance No. 6, Series of 2010, upon first
reading, by a vote of 6 -0 -0, at a public hearing on May 4, 2010; 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 Special Development District No. 15, Bishop Park.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Ordinance No. 6, Series of 2010
Section 1. Purpose of the Ordinance
Ordinance No. 13, Series of 1986, is hereby repealed and re- enacted by Ordinance
No. 6, Series of 2010.
Section 2. Amendment Procedures Fulfilled, Planning Commission Report.
The approval procedures described in Article 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. 15, Bishop Park.
Section 3. Special Development District No. 15
Special Development District No. 15 (SDD 15) and the development plan therefore,
are hereby approved as amended for the development of Lots 1 and 2, Block 6,
Vail Village First Filing, within the Town of Vail, consisting of 0.7133 acres.
Section 4. Ordinance No. 13, Series of 1986, is hereby repealed and reenacted so that
the language of Special Development District No. 15, Bishop Park, shall read
as follows:
Purpose
Special Development District No. 15 (SDD 15) was established to ensure
comprehensive development and use of an area that will be harmonious with the
general character of the Town of Vail and to promote the upgrading and
redevelopment of a property within the Town. The development is regarded as
complementary to the Town by the Town Council and meets all design standards
as set forth in the Vail Town Code. There are significant aspects of Special
Development District 15 which cannot be satisfied through the imposition of the
standards in the High Density Multiple Family (HDMF) District. SDD 15 is
compatible with the upgrading and redevelopment of the community while
maintaining its unique character
Established
Special Development District No. 15 (SDD 15) and the development plan therefore,
are hereby approved as amended for the development of Lots 1 and 2, Block 6,
Ordinance No. 6, Series of 2010 2
Vail Village First Filing, within the Town of Vail, consisting of 0.7133 acres.
Amendments
Any amendments to SDD 15 shall follow the procedures and regulations outlined in
Article 12 -9A, Vail Town Code.
Permitted, Conditional and Accessory Uses
Permitted, conditional and accessory uses shall be set forth in the High Density
Multiple Family District, per Article 12 -6H, Vail Town Code.
Density - Dwelling Units
The number of dwelling units shall not exceed twelve (12) dwelling units, including
one (1) employee housing unit on -site.
Density - Gross Residential Floor Area
Since the adoption of Ordinance No. 13, Series of 1986, the method of calculation
of Gross Residential Floor Area (GRFA) has been amended and numerous "250
Additions" have been constructed. The total allowable GRFA on -site is 27,574
square feet.
Development Plans
The development plan for SDD 15 is approved and shall constitute the plan for
development within the special development district. The development plan is
comprised of certain plans adopted by Ordinance No. 13, Series of 1986 as well
as amended plans. The following plans were adopted by Ordinance No. 13,
Series of 1986, and were submitted by Gordon Pierce, AIA, Architects and
Berridge Associates, Inc., Landscaping Architects:
1. Elevations and sections by Gordon R. Pierce dated March 17, 1986
2. Preliminary landscape plan by Berridge Associates, Inc. dated March 17, 1986
Amended development plans submitted by K.H. Webb Architects, adopted by
Ordinance No. 6, Series of 2010, are as follows, and included in Exhibit A of this
Ordinance:
1. Site plan by K.H. Webb dated March 9, 2010
Ordinance No. 6, Series of 2010 3
2. Floor plans by K.H. Webb dated March 9, 2010
Development Standards
The development standards set out herein are approved by the Town Council.
The development standards represent the existing structures within Bishop Park
as of April 8, 2010, plus the amendments from Ordinance No. 6, Series of 2010.
Setbacks
Setbacks are as built on the site plan adopted as part of the development
plans.
Height
Maximum height shall be no greater than 44 feet.
Site Coverage
Site coverage shall not exceed 66% of the total site area.
Landscaping
Landscaping shall be a minimum of 56% of total site (with up to 20%
hardscape counting towards landscaping requirement).
Parking and Loading
The minimum parking requirement is 29 underground parking spaces and
4 surface spaces for loading and delivery.
Recreation Amenities Tax Assessed
The recreational amenities tax shall be assessed for any additions at the time of
issuance of building permit for the current rate set by the Town of Vail.
Use Restriction Related to the Employee Housing Unit (formerly referred to
as Manager's Unit)
The employee housing unit, Unit No. 12, shall be restricted to employee housing
as per Chapter 12 -13, Employee Housing, Vail Town Code.
Additional Amenities and Approval Agreements for Special Development
Ordinance No. 6, Series of 2010 4
District No. 15.
A. At the time of adoption of Ordinance No. 13, Series of 1986, the
applicant, or his successor in interest, agreed to contribute $4,900 toward
the construction of a bike pathway from Vail Road to Willow Bridge Road
in the form of an unconditional letter of credit from a financial institution
and in a form acceptable to the Town Attorney. A letter of credit was
provided but per the provisions in Ordinance No. 13, Series of 1986, the
funds were released because construction of the bike pathway was not
commenced within five (5) years of adoption.
B. Upon issuance of a building permit for the additions proposed within
Ordinance No. 6, Series of 2010, the applicant shall pay a fee -in -lieu for
mitigation of employee housing for 22.1 square feet, per the adopted fee
schedule established by the Vail Town Council.
Time Requirements
SDD No. 15 shall be governed by the procedures outlined in Article 12 -9A of the
Town of Vail Municipal Code. Should the addition proposed as part of the major
amendment within Ordinance No. 6, Series of 2010 not commence within three
years of the adoption of Ordinance No. 6, Series of 2010, Ordinance No. 6,
Series of 2010 will be void, thus reinstating Ordinance No. 13, Series of 1986.
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 th is
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
Ordinance No. 6, Series of 2010 5
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 4th day of May, 2010, and a public
hearing for second reading of this Ordinance set for the 18th day of May, 2010, 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 18th day of May, 2010.
Kicnara u. uieveiana, mayor
ATTEST:
Lorelei Donaldson, Town Clerk
ATTACHED: EXHIBIT A
Ordinance No. 6, Series of 2010 6
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PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 7, Series of
2010, on the Town of Vail's web site, www.vailgov.com, on the 5th day of May,
2010.
Witness my hand and seal this day of , 2010.
mmy e W�
ail erk
Attachment A
ORDINANCE NO.7
SERIES OF 2010
AN ORDINANCE REPEALING AND RE- ENACTING ORDINANCE NO. 12, SERIES OF 2003,
AMENDING AND REESTABLISHING THE APPROVED DEVELOPMENT PLAN AND DENSITY
CONTROL REQUIREMENTS FOR SPECIAL DEVELOPMENT DISTRICT NO. 37, TIVOLI
LODGE, IN ACCORDANCE WITH SECTION 12- 9A -10, AMENDMENT PROCEDURES, VAIL
TOWN CODE, TO ALLOW FOR THE CONVERSION OF MEETING SPACE TO AN
ACCOMODATION UNIT AT THE TIVOLI LODGE, LOCATED AT LOCATED AT 386 HANSON
RANCH ROAD/ LOT E, BLOCK 2, VAIL VILLAGE 5T" FILING, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, Ordinance No. 12, Series of 2003 established Special Development District
No. 37, Tivoli Lodge, per the approved development plan submitted by Robert and Diane Lazier;
and
WHEREAS, 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.
12, Series of 2003, to amend the Approved Development Plan and density control
requirements, to allow for the conversion of meeting space to an additional accommodation unit;
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 and Environmental Commission held a public hearing on April 26, 2010 on the major
amendment application and has submitted its recommendation of approval to the Vail Town
Council by a vote of 6 -0 -0; 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 Special Development District No. 37, Tivoli Lodge.
Ordinance No. 7, Series of 2010 1
Attachment 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. 12, Series of 2003, is hereby repealed and re- enacted by Ordinance
No. 7, Series of 2010.
Section 2. Amendment Procedures Fulfilled, Planning Commission Report
The approval procedures described in Article 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 and density control requirements for Special Development District No. 37,
Tivoli Lodge.
Section 3. Ordinance No. 12, Series of 2003 is hereby repealed and re -enacted so that
Special Development District No. 37, Tivoli Lodge, reads as follows (additions
except rearrangement of language are shown in bold underline, and deletions
except rearrangement of language are shown in hold aftekath ):
Section 1. Special Development District No. 37 Established
Special Development District No. 37, Tivoli Lodge, is established for development
on two parcels of land, legally described as Lot E, Block 2, Vail Village 5'h Filing,
and Lot 3, First Amendment, Vail Village 5th Filing, which comprise a total of
22,760 square feet (0.5225 acres) in the Vail Village area of the Town of Vail. Said
parcels may be referred to as "SDD No. 37'. Special Development District No 37
shall be reflected as such on the Official Zoning Map of the Town of Vail. The
underlying zoning for Special Development District No. 37, Tivoli Lodge, shall be
Public Accommodation (PA) District (Lot E, Block 2, Vail Village 5'h Filing) and
Parking (P) District (Lot 3, First Amendment, Vail Village 5th Filing).
Section 2. Development Plan
An approved development plan is the principal document in guiding the
development, uses and activities of a special development district. The Vail Town
Council finds that the Approved Development Plan for Special Development District
Ordinance No. 7, Series of 2010 2
Attachment A
No. 37, Tivoli Lodge, complies with each of the requirements set forth in Sections
12 -9A -5 and 12 -9A -6 of the Town Code of Vail. The Approved Development Plan
for Special Development District No. 37, Tivoli Lodge, shall be comprised of
materials submitted in accordance with Section 12 -9A -5 of the Town Code of Vail
and those plans prepared by Resort Design Associates International, entitled
"Tivoli Lodge Approved Development Plan Office Copy, dated May 15, 2003."
Amendments made by Ordinance No. 7, Series of 2010 are outlined in the
plan prepared by Reslock and Sullivan, LLC entitled "Tivoli Lodge Pane
A2.0 dated as revised on Feburary 8, 2010" which are shown in Exhibit A of
Ordinance No. 7, Series of 2010.
Section 3. Development Standards
In conjunction with the Approved Development Plan described in Section 2
herein, the following development standards are hereby approved by the Vail
Town Council. These standards are incorporated in the Approved Development
Plan to protect the integrity of the development of Special Development District
No. 37, Tivoli Lodge. The development standards for Special Development
District No. 37, Tivoli Lodge are described below:
A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and
accessory uses allowed in Special Development District No. 37, Tivoli Lodge,
shall be those uses listed in Sections 12 -7A -2, 12 -7A -3, and 12 -7A -4 of the
Town Code of Vail, as may be amended.
B. Lot Area: The minimum lot area for Special Development District No. 37,
Tivoli Lodge, shall be 22,760 square feet (0.5.225 acres).
C. Setbacks: The minimum setbacks for Special Development District No. 37,
Tivoli Lodge, shall be as indicated on the Tivoli Lodge Approved
Development Plan, described in Section 2 herein.
D. Height: The maximum allowable building height for Special Development
District No. 37, Tivoli Lodge shall be fifty -six feet (56'), and as indicated on
the Tivoli Lodge Approved Development Plan, described in Section 2 herein.
E. Density Control: The maximum allowable Gross Residential Floor Area
(GRFA) for Special Development District No. 37, Tivoli Lodge, shall be
27,010.5 27,901.5 square feet and the maximum allowable density shall be
Ordinance No. 7, Series of 2010 3
Attachment A
one (1) dwelling unit, sixty ene -(&14 sixty -two (62) accommodation units,
and one (1) Type III Employee Housing Unit, and as indicated on the Tivoli
Lodge Approved Development Plan, dated May 15, 2003. Said Gross
Residential Floor Area (GRFA) shall be allocated as follows:
a. Accommodation Units (64)! -23,0 (62): 24,451 square feet
b. Dwelling Unit (1): 3,000.5 square feet
c. Type III Employee Housing Unit (1): 450.0 square feet
F. Site Coverage: The maximum allowable site coverage shall be sixty -three
percent (63 %) of the total lot area, and as indicated on the Tivoli Lodge
Approved Development Plan, described in Section 2 herein.
G. Landscaping and Site Development: At least thirty percent (30 %) or 5,312
square feet of the total lot area shall be landscaped. In no instance shall the
hardscaped areas of the development site exceed twenty percent (20 %) of
the minimum landscaped area. The landscaping and site development shall
be as indicated on the Tivoli Lodge Approved Development Plan, described
in Section 2 herein.
H. Parking and Loading: The minimum number of off - street parking spaces shall
be forty (40) and the minimum number of loading and delivery bays shall be
one (1), and as indicated on the Tivoli Lodge Approved Development Plan,
described in Section 2 herein.
Section 4. Conditions of Approval
The conditions of approval required as part of Ordinance No. 12. Series of
2010, have been met. Specifically, the condition that the Developer
provides deed - restricted housing that complies with the Town of Vail
Employee Housing requirements (Chapter 12 -13) for a minimum of one (1)
employee on the Tivoli Lodge development site, and that said deed -
restricted employee housing shall be made available for occupancy, and
that the deed restrictions shall be recorded with the Eagle County Clerk &
Recorder, prior to issuance of a Temporary Certificate of Occupancy for the
Tivoli Lodge were met. The required deed - restricted employee housing
units shall not be eligible for resale and the units shall be owned and
operated by the hotel and said ownership shall transfer with the deed to the
Ordinance No. 7, Series of 2010 4
Attachment A
hotel property. No other conditions shall be required as part of the
amendments within Ordinance No. 7. Series of 2010.
Section 5. Amendments
Any amendments to Special Development District No. 37 shall follow the
procedures and regulations outlined in Article 12 -9A, Vail Town Code.
Section 6. Time Requirements
SDD No. 37 shall be governed by the procedures outlined in Article 12 -9A of the
Town of Vail Municipal Code. Should the addition proposed as part of the
major amendment within Ordinance No. 7. Series of 2010 not commence
within three years of the adoption of Ordinance No. 7. Series of 2010,
Ordinance No. 7. Series of 2010 will be void, thus reinstating Ordinance No.
12, Series of 2003.
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 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
Ordinance No. 7, Series of 2010 5
Attachment A
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of May, 2010, and a public
hearing for second reading of this Ordinance set for the 18th day of May, 2010, 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
Ordinance No. 7, Series of 2010 6
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 7, Series of
2010, on the Town of Vail's web site, www.vailgov.com, on the 19th day of May,
2010.
c
Witness my hand and seal this day of , 2010.
ammy Na el �.
Town o ail Deputy Clerk ..•�''e'�}OL
-
> : ,�
Attachment A
ORDINANCE NO.7
SERIES OF 2010
AN ORDINANCE REPEALING AND RE- ENACTING ORDINANCE NO. 12, SERIES OF 2003,
AMENDING AND REESTABLISHING THE APPROVED DEVELOPMENT PLAN AND DENSITY
CONTROL REQUIREMENTS FOR SPECIAL DEVELOPMENT DISTRICT NO. 37, TIVOLI
LODGE, IN ACCORDANCE WITH SECTION 12- 9A -10, AMENDMENT PROCEDURES, VAIL
TOWN CODE, TO ALLOW FOR THE CONVERSION OF MEETING SPACE TO AN
ACCOMODATION UNIT AT THE TIVOLI LODGE, LOCATED AT LOCATED AT 386 HANSON
RANCH ROAD/ LOT E, BLOCK 2, VAIL VILLAGE 5T" FILING, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, Ordinance No. 12, Series of 2003 established Special Development District
No. 37, Tivoli Lodge, per the approved development plan submitted by Robert and Diane Lazier;
and
WHEREAS, 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.
12, Series of 2003, to amend the Approved Development Plan and density control
requirements, to allow for the conversion of meeting space to an additional accommodation unit;
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 and Environmental Commission held a public hearing on April 26, 2010 on the major
amendment application and has submitted its recommendation of approval to the Vail Town
Council by a vote of 6 -0 -0; 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 Special Development District No. 37, Tivoli Lodge.
Ordinance No. 7, Series of 2010
Attachment 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. 12, Series of 2003, is hereby repealed and re- enacted by Ordinance
No. 7, Series of 2010.
Section 2. Amendment Procedures Fulfilled, Planning Commission Report
The approval procedures described in Article 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 and density control requirements for Special Development District No. 37,
Tivoli Lodge.
Section 3. Ordinance No. 12, Series of 2003 is hereby repealed and re -enacted so that
Special Development District No. 37, Tivoli Lodge, reads as follows:
Section 1. Special Development District No. 37 Established
Special Development District No. 37, Tivoli Lodge, is established for development
on two parcels of land, legally described as Lot E, Block 2, Vail Village 5'h Filing,
and Lot 3, First Amendment, Vail Village 5th Filing, which comprise a total of
22,760 square feet (0.5225 acres) in the Vail Village area of the Town of Vail. Said
parcels may be referred to as "SDD No. 37 ". Special Development District No 37
shall be reflected as such on the Official Zoning Map of the Town of Vail. The
underlying zoning for Special Development District No. 37, Tivoli Lodge, shall be
Public Accommodation (PA) District (Lot E, Block 2, Vail Village 5'h Filing) and
Parking (P) District (Lot 3, First Amendment, Vail Village 5th Filing).
Section 2. Development Plan
An approved development plan is the principal document in guiding the
development, uses and activities of a special development district. The Vail Town
Council finds that the Approved Development Plan for Special Development District
No. 37, Tivoli Lodge, complies with each of the requirements set forth in Sections
12 -9A -5 and 12 -9A -6 of the Town Code of Vail. The Approved Development Plan
Ordinance No. 7, Series of 2010 2
Attachment A
for Special Development District No. 37, Tivoli Lodge, shall be comprised of
materials submitted in accordance with Section 12 -9A -5 of the Town Code of Vail
and those plans prepared by Resort Design Associates International, entitled
"Tivoli Lodge Approved Development Plan Office Copy, dated May 15, 2003."
Amendments made by Ordinance No. 7, Series of 2010 are outlined in the plan
prepared by Reslock and Sullivan, LLC entitled "Tivoli Lodge Page A2.0 dated as
revised on Feburary 8, 2010" which are shown in Exhibit A of Ordinance No. 7,
Series of 2010.
Section 3. Development Standards
In conjunction with the Approved Development Plan described in Section 2
herein, the following development standards are hereby approved by the Vail
Town Council. These standards are incorporated in the Approved Development
Plan to protect the integrity of the development of Special Development District
No. 37, Tivoli Lodge. The development standards for Special Development
District No. 37, Tivoli Lodge are described below:
A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and
accessory uses allowed in Special Development District No. 37, Tivoli Lodge,
shall be those uses listed in Sections 12 -7A -2, 12 -7A -3, and 12 -7A -4 of the
Town Code of Vail, as may be amended.
B. Lot Area: The minimum lot area for Special Development District No. 37,
Tivoli Lodge, shall be 22,760 square feet (0.5.225 acres).
C. Setbacks: The minimum setbacks for Special Development District No. 37,
Tivoli Lodge, shall be as indicated on the Tivoli Lodge Approved
Development Plan, described in Section 2 herein.
D. Height: The maximum allowable building height for Special Development
District No. 37, Tivoli Lodge shall be fifty -six feet (56'), and as indicated on
the Tivoli Lodge Approved Development Plan, described in Section 2 herein.
E. Density Control: The maximum allowable Gross Residential Floor Area
(GRFA) for Special Development District No. 37, Tivoli Lodge, shall be
27,901.5 square feet and the maximum allowable density shall be one (1)
dwelling unit, sixty-two (62) accommodation units, and one (1) Type III
Employee Housing Unit, and as indicated on the Tivoli Lodge Approved
Ordinance No. 7, Series of 2010 3
Attachment A
Development Plan, dated May 15, 2003. Said Gross Residential Floor Area
(GRFA) shall be allocated as follows:
a. Accommodation Units (62): 24,451 square feet
b. Dwelling Unit (1): 3,000.5 square feet
c. Type III Employee Housing Unit (1): 450.0 square feet
F. Site Coverage: The maximum allowable site coverage shall be sixty-three
percent (63 %) of the total lot area, and as indicated on the Tivoli Lodge
Approved Development Plan, described in Section 2 herein.
G. Landscaping and Site Development: At least thirty percent (30 %) or 5,312
square feet of the total lot area shall be landscaped. In no instance shall the
hardscaped areas of the development site exceed twenty percent (20 %) of
the minimum landscaped area. The landscaping and site development shall
be as indicated on the Tivoli Lodge Approved Development Plan, described
in Section 2 herein.
H. Parking and Loading: The minimum number of off - street parking spaces shall
be forty (40) and the minimum number of loading and delivery bays shall be
one (1), and as indicated on the Tivoli Lodge Approved Development Plan,
described in Section 2 herein.
Section 4. Conditions of Approval
The conditions of approval required as part of Ordinance No. 12, Series of 2010,
have been met. Specifically, the condition that the Developer provides deed-
restricted housing that complies with the Town of Vail Employee Housing
requirements (Chapter 12 -13) for a minimum of one (1) employee on the Tivoli
Lodge development site, and that said deed - restricted employee housing shall be
made available for occupancy, and that the deed restrictions shall be recorded
with the Eagle County Clerk & Recorder, prior to issuance of a Temporary
Certificate of Occupancy for the Tivoli Lodge were met. The required deed -
restricted employee housing units shall not be eligible for resale and the units
shall be owned and operated by the hotel and said ownership shall transfer with
the deed to the hotel property. No other conditions shall be required as part of
the amendments within Ordinance No. 7, Series of 2010.
Ordinance No. 7, Series of 2010 4
Attachment A
Section 5. Amendments
Any amendments to Special Development District No. 37 shall follow the
procedures and regulations outlined in Article 12 -9A, Vail Town Code.
Section 6. Time Requirements
SDD No. 37 shall be governed by the procedures outlined in Article 12 -9A of the
Town of Vail Municipal Code. Should the addition proposed as part of the major
amendment within Ordinance No. 7, Series of 2010 not commence within three
years of the adoption of Ordinance No. 7, Series of 2010, Ordinance No. 7,
Series of 2010 will be void, thus reinstating Ordinance No. 12, Series of 2003.
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 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
Ordinance No. 7, Series of 2010 5
Attachment A
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of May, 2010, and a public
hearing for second reading of this Ordinance set for the 18th day of May, 2010, 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 18th day of May 2010.
ATTEST:
Lorelei Donaldson, Town Clerk
ATTACHED: EXHIBIT A
Ordinance No. 7, Series of 2010 6
Richard D. Cleveland, Mayor
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PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 8, Series of
2010, on the Town of Vail's web site, www.vailgov.com, on the 5th day of May,
2010.
Witness my hand and seal this day o , 2010.
Tammy Nagel s��s
Town of Vai -AAA
• 'ti
0 J
i
Attachment A
ORDINANCE NO. 8
SERIES OF 2010
AN ORDINANCE AMENDING SECTION 12- 14 -20, COMMERCIAL CORE CONSTRUCTION, VAIL
TOWN CODE, TO ALLOW FOR THE EXTENSION OF THE COMMERCIAL CORE TEMPORARY
CONSTRUCTION SIGNAGE FOR BUSINESSES AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, significant redevelopment construction is proposed and already occurring within
the Town of Vail has many physical and economic impacts on the Town's businesses, guests and
residents; and,
WHEREAS, the Town Council wishes to minimize the negative impacts of this
unprecedented volume of construction activities on the Town's businesses, guests and residents;
and,
WHEREAS, on April 26, 2010, 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 V of the Staff memorandum to the Planning and Environmental Commission April 26, 2010,
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 V of the Staff
memorandum to the Planning and Environmental Commission dated April 26, 2010, 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 V of the Staff memorandum dated April 26, 2010; 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 V of the Staff
memorandum to the Planning and Environmental Commission dated April 26, 2010, and the
evidence and testimony presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1.
Subsection 12- 14 -20C, the Vail Town Code is hereby amended as follows (text to be deleted
is in stfiJ Gogh, text that is to be added is bold, sections of text that are not amended have been
Ordinance No. 8, Series of 2010
Attachment A
omitted.)
C. Termination of Section: The authority granted pursuant to this section shall terminate on
April 1, 20-1-0 2011, unless sooner extended or terminated by separate ordinance of the
council.
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 4th day of May, 2010, and a public hearing
for second reading of this Ordinance set for the 18th day of May, 2010, in the Council Chambers of
the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 8, Series of 2010 2
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 8, Series of
2010, on the Town of Vail's web site, www.vailgov.com, on the 19th day of May,
2010.
Witness my hand and seal this P07 day of , 2010.
ramm
334agel
Town of Vail Deputy Clerk t s,q eal)
c
Attachment A
ORDINANCE NO. 8
SERIES OF 2010
AN ORDINANCE AMENDING SECTION 12- 14 -20, COMMERCIAL CORE CONSTRUCTION, VAIL
TOWN CODE, TO ALLOW FOR THE EXTENSION OF THE COMMERCIAL CORE TEMPORARY
CONSTRUCTION SIGNAGE FOR BUSINESSES AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, significant redevelopment construction is proposed and already occurring within
the Town of Vail has many physical and economic impacts on the Town's businesses, guests and
residents; and,
WHEREAS, the Town Council wishes to minimize the negative impacts of this
unprecedented volume of construction activities on the Town's businesses, guests and residents;
and,
WHEREAS, on April 26, 2010, 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 V of the Staff memorandum to the Planning and Environmental Commission April 26, 2010,
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 V of the Staff
memorandum to the Planning and Environmental Commission dated April 26, 2010, 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 V of the Staff memorandum dated April 26, 2010; 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 V of the Staff
memorandum to the Planning and Environmental Commission dated April 26, 2010, and the
evidence and testimony presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Subsection 12- 14 -20C, the Vail Town Code is hereby amended as follows (text
to be deleted is in st4ket#reugh, text that is to be added is bold, sections of text
that are not amended have been omitted):
C. Termination of Section: The authority granted pursuant to this section shall terminate on
Ordinance No. 8, Series of 2010
Attachment A
April 1, 24�0 2011, unless sooner extended or terminated by separate ordinance of the
council.
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 4th day of May, 2010, and a public hearing
for second reading of this Ordinance set for the 18th day of May, 2010, 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 May 2010.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 8, Series of 2010 2
PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 10, Series
of 2010, on the Town of Vail's web site, www.vailgov.com, on the 5th day of May,
2010.
Witness my hand and seal this s +� day of , 2010.
a Nagel r/seal) of Vail De erk y,
ORDINANCE NO. 10
Series of 2010
AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, TO ALLOW
FOR ADDITIONAL MOVIE THEATER, BOWLING ALLEY, AND PUBLIC PARKING ON PRIVATE
PROPERTY SIGNAGE, AND TO DEFINE THE TERM FIRST FLOOR FOR THE PURPOSES OF
CALCULATING ALLOWABLE SIGN AREA, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth
the procedures for amending the Town's Sign Regulations; and
WHEREAS, the Town of Vail Planning and Environmental Commission held a public
hearing on April 12, 2010, on the application to amend the Town's Sign Regulations, in accordance
with the provisions of the Vail Town Code; and
WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a
recommendation of approval, with modifications, to the Vail Town Council by a vote of 6 -0 -0 of the
request to amend the Town's Sign Regulations; and
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's
Sign Regulations is consistent with the applicable elements of the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and is compatible with the development objectives
of the town; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's
Sign Regulations furthers the general and specific purposes of the sign regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment promotes the
health, safety, morals, and general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTION 1. Section 11 -2 -1: Definitions Enumerated, Vail Town Code, is hereby amended
in part as follows (text to be deleted is in stFiketl;Feug#, text that is to be added is bold, and
sections of text that are not amended have been omitted)
FIRST FLOOR OR STREET LEVEL: For the purposes of calculating allowable
sign area, first floor or street level shall be any floor, or portion of any floor, of
a structure located at or nearest to (either above or below) the level of the
adjacent vehicular or pedestrian way, as determined by the Administrator.
More than one floor, or portion of floors, may be defined as first floor or street
level within a single structure.
SIGN, PUBLIC PARKING AND LOADING ON PRIVATE PROPERTY: A sign that
is permitted for private properties which provide public unstructured parking
or public parking structures as defined by Section 12 -2 -2, Definitions, Vail
Town Code, with a minimum of 25 parking spaces and /or loading bays
available for use by the public. These public parking spaces and loading bays
Ordinance No. 10, Series of 2010, first reading 1
must be above and beyond the requirements of Chapter 12 -10, Vail Town
Code.
SECTION 2. Section 11- 6- 3 -A -1: Business Identification Signs in Sign District 1, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in stFikethFough, text that is
to be added is bold, and sections of text that are not amended have been omitted)
b. Area: The allowable area of each business identification sign shall be up to six (6)
square feet. At the discretion of the Design Review Board, a business
identification sign for a bowling alley or movie theater may be up to fifteen (15)
square feet in area, subject to the applicant demonstrating that the sign area
is harmonious with the scale and architectural character of the subject
business and the building in which it is located.
f. Businesses Not On the First Floor or Street Level: Businesses not located on the
first floor or street level shall be allowed only one projecting sign with a maximum
area of four (4) square feet; location shall be subject to design review.
SECTION 3. Section 11 -7 -15: Public Parking and Loading Signs for Private Property, Vail
Town Code, is hereby established as follows (text that is to be added is bold):
11 -7 -15: Public Parking and Loading Signs for Private Property:
A. Description: A public parking and loading sign is permitted for private
properties which provide public unstructured parking or public parking
structures as defined by Section 12 -2 -2, Definitions, Vail Town Code, with a
minimum of 25 parking spaces and /or loading bays for use by the public.
These public parking spaces must be above and beyond the requirements of
Chapter 12 -10, Vail Town Code.
1. Number: One sign per public vehicular entrance, unless the
Administrator determines fewer or additional signs are necessary to
promote the safe and expedient flow of traffic.
2. Area: The allowable area of any single public parking and loading
sign shall not exceed ten (10) square feet, unless the Administrator
determines a smaller or larger area is necessary to promote the safe
and expedient flow of traffic.
3. Height: Projecting and awning signs shall have a minimum
clearance of eight (8') feet above pedestrian ways and a minimum
clearance of fifteen feet (15') above vehicular ways. No part of any
public parking or loading signs shall extend more than twenty five feet
(25') above grade.
4. Location: Subject to design review. Signs may be permitted in the
Town's street right -of -way, subject to Section 5 -3 -I, Placement on
Public Property, of this Chapter.
5. Type: Awning, freestanding, projecting or wall mounted.
6. Lighting: Subject to design review.
Ordinance No. 10, Series of 2010, first reading 2
7. Landscaping: Subject to design review.
8. Special Provisions:
a. Public parking and loading signs shall include language and /or
symbols identifying parking and /or loading bays available for use
by the public on no less than fifty percent (50 %) of the total sign
area.
b. Signs may identify the owner or the project name and logo.
c. Changeable copy may be allowed to identify the availability of
parking spaces and /or loading bays.
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 Vail Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
SECTION 5. The Vail Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof. The Council's finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
SECTION 6. The amendment of any provision of the Town Code of Vail as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
SECTION 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of May, 2010 and a public
hearing for second reading of this Ordinance set for the 18th day of May, 2010, 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
Ordinance No. 10, Series of 2010, first reading
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 10, Series
of 2010, on the Town of Vail's web site, www.vailgov.com, on the 19th day of
May, 2010.
Witness my hand and seal this l day of , 2010.
Tamm gel
Town of Vail Deputy Clerk
;seal)
ORDINANCE NO. 10
Series of 2010
AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, TO ALLOW FOR
ADDITIONAL MOVIE THEATER, BOWLING ALLEY, AND PUBLIC PARKING ON PRIVATE PROPERTY
SIGNAGE, AND TO DEFINE THE TERM FIRST FLOOR FOR THE PURPOSES OF CALCULATING
ALLOWABLE SIGN AREA, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth the
procedures for amending the Town's Sign Regulations; and
WHEREAS, the Town of Vail Planning and Environmental Commission held a public hearing on
April 12, 2010, on the application to amend the Town's Sign Regulations, in accordance with the provisions of
the Vail Town Code; and
WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a
recommendation of approval, with modifications, to the Vail Town Council by a vote of 6 -0 -0 of the request to
amend the Town's Sign Regulations; and
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign
Regulations is consistent with the applicable elements of the adopted goals, objectives and policies outlined in
the Vail comprehensive plan and is compatible with the development objectives of the town; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's Sign
Regulations furthers the general and specific purposes of the sign regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health,
safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of
the town in a manner that conserves and enhances its natural environment and its established character as a
resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
SECTION 1. Section 11 -2 -1: Definitions Enumerated, Vail Town Code, is hereby amended in part
as follows (text to be deleted is in stFiket#F9Ugh, text that is to be added is bold, and sections of text
that are not amended have been omitted)
FIRST FLOOR OR STREET LEVEL: For the purposes of calculating allowable sign
area, first floor or street level shall be any floor, or portion of any floor, of a structure
located at or nearest to (either above or below) the level of the adjacent vehicular or
pedestrian way, as determined by the Administrator. More than one floor, or portion of
floors, may be defined as first floor or street level within a single structure.
SIGN, PUBLIC PARKING AND LOADING ON PRIVATE PROPERTY: A sign that is
permitted for private properties which provide public unstructured parking or public
parking structures as defined by Section 12 -2 -2, Definitions, Vail Town Code, with a
minimum of 25 parking spaces and /or loading bays available for use by the public.
These public parking spaces and loading bays must be above and beyond the
requirements of Chapter 12 -10, Off - Street Parking and Loading, Vail Town Code.
SECTION 2. Section 11- 6- 3 -A -1: Business Identification Signs in Sign District 1, Vail Town Code,
is hereby amended in part as follows (text to be deleted is in stfiket#Feugf }, text that is to be added is
bold, and sections of text that are not amended have been omitted)
b. Area: The allowable area of each business identification sign shall be up to six (6) square
feet. At the discretion of the Design Review Board, a business identification sign for a
bowling alley or movie theater may be up to fifteen (15) square feet in area, subject to
Ordinance No. 10, Series of 2010, second reading
the applicant demonstrating that the sign area is harmonious with the scale and
architectural character of the subject business and the building in which it is located.
f. Businesses Not On the First Floor or Street Level: Businesses not located on the first floor
or street level shall be allowed only one projecting sign with a maximum area of four (4)
square feet; location shall be subject to design review.
SECTION 3. Section 11 -7 -15: Public Parking and Loading Signs for Private Property, Vail Town
Code, is hereby established as follows (text that is to be added is bold):
11 -7 -15: Public Parking and Loading Signs for Private Property:
A. Description: A public parking and loading sign is permitted for private properties
which provide public unstructured parking or public parking structures as defined by
Section 12 -2 -2, Definitions, Vail Town Code, with a minimum of 25 parking spaces
and /or loading bays for use by the public. These public parking spaces must be above
and beyond the requirements of Chapter 12 -10, Off - Street Parking and Loading, Vail
Town Code.
1. Number: One sign per public vehicular entrance, unless the Administrator
determines fewer or additional signs are necessary to promote the safe and
expedient flow of traffic.
2. Area: The allowable area of any single public parking and loading sign shall
not exceed ten (10) square feet, unless the Administrator determines a smaller
or larger area is necessary to promote the safe and expedient flow of traffic.
3. Height: Projecting and awning signs shall have a minimum clearance of
eight (8') feet above pedestrian ways and a minimum clearance of fifteen feet
(15') above vehicular ways. No part of any public parking or loading signs
shall extend more than twenty five feet (25') above grade.
4. Location: Subject to design review. Signs may be permitted in the Town's
street right -of -way, subject to Section 5 -3 -I, Placement on Public Property, of
this Chapter.
5. Type: Awning, freestanding, projecting or wall mounted.
6. Lighting: Subject to design review.
7. Landscaping: Subject to design review.
8. Special Provisions:
a. Public parking and loading signs shall include language and /or symbols
identifying parking and /or loading bays available for use by the public on
no less than fifty percent (50 %) of the total sign area.
b. Signs may identify the owner or the project name and logo.
c. Changeable copy may be allowed to identify the availability of parking
spaces and /or loading bays.
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 Vail Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one
or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. 10, Series of 2010, second reading 2
SECTION 5. The Vail Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants
thereof. The Council's finding, determination and declaration is based upon the review of the criteria
prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of
this ordinance.
SECTION 6. The amendment of any provision of the Town Code of Vail as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred
prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision amended. The amendment of any provision hereby
shall not revive any provision or any ordinance previously repealed or superseded unless expressly
stated herein.
SECTION 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON FIRST READING this 4th day of May, 2010 and a public hearing for second
reading of this Ordinance set for the 18'h day of May, 2010, 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 18th day of May, 2010.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 10, Series of 2010, second reading
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 11, Series
of 2010, on the Town of Vail's web site, www.vailgov.com, on the 7th day of July,
2010.
Witness my hand and seal this Z day of 2010.
am gel
ail D put y Cler
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ORDINANCE NO. 11
SERIES OF 2010
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH
SERVICES FUND, HEAVY EQUIPMENT FUND AND MARKETING FUND OF THE 2010
BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID
ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2010 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
19, Series of 2009, adopting the 2010 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2010 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund
$ 107,888
Capital Projects Fund
2,519,560
Real Estate Transfer Tax Fund
118,332
Dispatch Services Fund
3,000
Heavy Equipment Fund
68,428
Marketing Fund
500
Total
$ 2,817,708
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
Ordinance No. 11, Series of 2010
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 6th day of July, 2010, and a public hearing shall be held on this Ordinance on
the 20th day of July, 2010, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 11. Series of 2010
Dick Cleveland, Mayor
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 11, Series
of 2010, on the Town of Vail's web site, www.vailqov.com, on the 21St day of July,
2010.
Witness my hand and seal this Zlday of , 2010.
Tam v e
lerk
(seal)
Es7
ORDINANCE NO. 11
SERIES OF 2010
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH
SERVICES FUND, HEAVY EQUIPMENT FUND AND MARKETING FUND OF THE 2010
BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID
ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2010 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
19, Series of 2009, adopting the 2010 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2010 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund
$ 107,888
Capital Projects Fund
1,922,108
Real Estate Transfer Tax Fund
118,332
Dispatch Services Fund
3,000
Heavy Equipment Fund
68,428
Marketing Fund
500
Total
$ 2,220,256
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
Ordinance No. 11, Series of 2010
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 6th day of July, 2010, and a public hearing shall be held on this Ordinance on
the 20th day of July, 2010, 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 20th
day of July 2010.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 11. Series of 2010
PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 13, Series
of 2010, on the Town of Vail's web site, www.vail-gov.com, on the 21St day of July,
2010.
Witness my hand and seal this day of , 2010.
ORDINANCE NO. 13
SERIES OF 2010
AN ORDINANCE AMENDING CERTAIN SECTIONS WITHIN 4 -3, SALES TAX, VAIL
TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town "), is a home rule municipal corporation duly organized and existing under 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, S.B 10 -142 enacted by the 2010 Colorado General Assembly requires
certain amendments to the Sales Tax, Vail Town Code, as now enacted by the Town; and
WHEREAS, the Town Code is silent concerning the statute of limitations when an
audit or other collection process commences.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO that:
Section 1. Section 4- 3 -1 -11, Statute of Limitations, of the Vail Town Code is hereby
amended in part as follows (text to be deleted is in stfilgk►, text that is to be added is
bold, and sections of text that are not amended have been omitted).
4- 3 -1 -11: STATUTE OF LIMITATIONS:
The taxes for any period, together with interest thereon and penalties with
respect thereto, imposed by this chapter shall not be assessed, nor shall any
notice of lien be filed, or distraint warrant issued, or suit for collection be
instituted, nor any other action to collect the same be commenced, more than
three (3) years after the date on which the tax was or is payable, nor shall any
lien continue after such period, except for taxes assessed before the expiration of
such period, notice of lien with respect to which has been filed prior to the
expiration of such period, in which cases such lien shall continue only #eF-ene
yeaF after the filing of notice thereof. The commencement of collection
proceedings, including the mailing of a notice of audit, shall toll the
running of the statute of limitations. In the case of mailing of a notice of
audit, any such audit shall be diligently pursued by the Town. For
purposes of this Section, "toll" is defined as an interruption of the running
or continuation of the statute of limitations.
The statute of limitations period as set forth hereinabove in this section shall not
apply if:
Ordinance No. 13, Series of 2010
Section 2. Section 4 -3-4, Refunds, of the Vail Town Code is hereby amended in part as
follows (text to be deleted is in stFikethFough, text that is to be added is bold, and sections
of text that are not amended have been omitted).
4 -3 -4: REFUNDS:
B. Decision; Hearing: Upon receipt of an application, the finance director shall
examine the same with due speed and shall give notice to the applicant by order
in writing of the finance director's decision thereon. Aggrieved applicants, within
twenty (20) thirty (30) days after such decision is mailed to them, may petition
the finance director for a hearing on the claim in the manner provided in section
4 -3 -6 -1 of this chapter and may either appeal to the district court in the manner
provided in section 4 -3 -6 -2 of this chapter or to the department of revenue in the
manner provided in section 4 -3 -6 -3 of this chapter. The right of any person to a
refund under this chapter shall not be assignable, except as provided in
subsection C of this section, such application for refund must be made by the
same person who purchased the goods or services and paid the tax thereon as
shown in the invoice of the sale thereof.
Section 3. Section 4- 3 -5 -1, Recovery of Taxes, Penalty and Interest, of the Vail Town
Code is hereby amended in part as follows (text to be deleted is in 6#ikethmugh, text that is
to be added is bold, and sections of text that are not amended have been omitted).
4- 3 -5 -1: RECOVERY OF TAXES, PENALTY AND INTEREST:
2. Promptly thereafter, the Finance Director shall give to the delinquent taxpayer
written notice of such estimated taxes, penalty, and interest, which notice of
assessment shall be sent by first class mail directed to the last address of such
person on file with the Finance Department. Such estimate shall thereupon become
a notice of deficiency. Within tWeRty (20) thirty (30) days after the notice of
deficiency is mailed, the taxpayer may petition the Finance Director for a hearing in
the manner provided in Section 4 -3 -6 -1 of this Chapter and either may appeal to the
District Court as provided in Section 4 -3 -6 -2 of this Chapter or to the Department of
Revenue as provided in Section 4 -3 -6 -3 of this Chapter.
Section 4. Section 4- 3 -6 -1, Hearings by Finance Director, of the Vail Town Code is
hereby amended in part as follows (text to be deleted is in stfikethFeugl4, text that is to be
added is bold, and sections of text that are not amended have been omitted).
4- 3 -6 -1: HEARINGS BY FINANCE DIRECTOR:
Ordinance No. 13, Series of 2010
A. Appeal Assessed Tax Amount: An appeal of a notice of assessment issued to a
vendor or taxpayer for failure to file a return, underpayment of tax owed or as a
result of an audit shall be submitted in writing to the finance director within tweRty
kM thirty (30) calendar days from the date of the notice of assessment. Any such
appeal shall identify the amount of tax disputed and the basis for the appeal.
Section 5. Section 4- 3 -6 -3, Alternate Review by Department of Revenue, of the Vail Town
Code is hereby amended in part as follows (text to be deleted is in strikethFOU914, text that is
to be added is bold, and sections of text that are not amended have been omitted).
4- 3 -6 -3: ALTERNATE REVIEW BY DEPARTMENT OF REVENUE:
B. Deficiency Notice: When the finance director asserts that sales tax is due in an
amount greater than the amount paid by a taxpayer, then the finance director
shall mail a deficiency notice to the taxpayer by certified mail. The deficiency
notice shall state that additional sales tax is due. The deficiency notice shall
contain notification, in clear and conspicuous type, of the time limit to file a
protest to the notice and that the taxpayer has the right to elect a state hearing
on the deficiency pursuant to Colorado Revised Statutes section 29 -2- 106.1(3).
Any protest to the deficiency notice shall be filed with the finance director
within thirty (30) days after the date of the notice. The taxpayer shall also
have the right to elect a state hearing on the finance director's denial of such
taxpayer's claim for a refund of sales tax paid.
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.
Section 9. 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
Ordinance No. 13, Series of 2010
inhabitants thereof.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON FIRST READING this 20th day of July, 2010, and a public hearing shall be held on this
Ordinance on the 3rd day of August, 2010, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the town.
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 13, Series of 2010
Dick Cleveland, Mayor
1
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 13, Series
of 2010, on the Town of Vail's web site, www.vail-qov.com, on the 5th day of
August, 2010.
Witness my hand and seal this day of , , 2010.
C�
1
Tamm.(
N OP
own of Vail e p u �.•�&
SEAL
• i
ti : is
•
LOft
J
ORDINANCE NO. 13
SERIES OF 2010
AN ORDINANCE AMENDING CERTAIN SECTIONS WITHIN 4 -3, SALES TAX, VAIL
TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town "), is a home rule municipal corporation duly organized and existing under 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, S.B 10 -142 enacted by the 2010 Colorado General Assembly requires
certain amendments to the Sales Tax, Vail Town Code, as now enacted by the Town; and
WHEREAS, the Town Code is silent concerning the statute of limitations when an
audit or other collection process commences.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO that:
Section 1. Section 4- 3 -1 -11, Statute of Limitations, of the Vail Town Code is hereby
amended in part as follows (text to be deleted is in ,textthat is to be added is
bold, and sections of text that are not amended have been omitted).
4- 3 -1 -11: STATUTE OF LIMITATIONS:
The taxes for any period, together with interest thereon and penalties with
respect thereto, imposed by this chapter shall not be assessed, nor shall any
notice of lien be filed, or distraint warrant issued, or suit for collection be
instituted, nor any other action to collect the same be commenced, more than
three (3) years after the date on which the tax was or is payable, nor shall any
lien continue after such period, except for taxes assessed before the expiration of
such period, notice of lien with respect to which has been filed prior to the
expiration of such period, in which cases such lien shall continue
after the filing of notice thereof. The commencement of collection
proceedings, including the mailing of a notice of audit, shall toll the
running of the statute of limitations. In the case of mailing of a notice of
audit, any such audit shall be diligently pursued by the Town. For
purposes of this Section, "toll" is defined as an interruption of the running
or continuation of the statute of limitations.
The statute of limitations period as set forth hereinabove in this section shall not
apply if:
Ordinance No. 13, Series of 2010
Section 2. Section 4 -3 -4, Refunds, of the Vail Town Code is hereby amended in part as
follows (text to be deleted is in , text that is to be added is bold, and sections
of text that are not amended have been omitted).
4 -3 -4: REFUNDS:
B. Decision; Hearing: Upon receipt of an application, the finance director shall
examine the same with due speed and shall give notice to the applicant by order
in writing of the finance director's decision thereon. Aggrieved applicants, within
thirty (30) days after such decision is mailed to them, may petition
the finance director for a hearing on the claim in the manner provided in section
4 -3 -6 -1 of this chapter and may either appeal to the district court in the manner
provided in section 4 -3 -6 -2 of this chapter or to the department of revenue in the
manner provided in section 4 -3 -6 -3 of this chapter. The right of any person to a
refund under this chapter shall not be assignable, except as provided in
subsection C of this section, such application for refund must be made by the
same person who purchased the goods or services and paid the tax thereon as
shown in the invoice of the sale thereof.
Section 3. Section 4- 3 -5 -1, Recovery of Taxes, Penalty and Interest, of the Vail Town
Code is hereby amended in part as follows (text to be deleted is in �' , text that is
to be added is bold, and sections of text that are not amended have been omitted).
4- 3 -5 -1: RECOVERY OF TAXES, PENALTY AND INTEREST:
2. Promptly thereafter, the Finance Director shall give to the delinquent taxpayer
written notice of such estimated taxes, penalty, and interest, which notice of
assessment shall be sent by first class mail directed to the last address of such
person on file with the Finance Department. Such estimate shall thereupon become
%VW%05 1%j a notice of deficiency. Within thirty (30) days after the notice of
deficiency is mailed, the taxpayer may petition the Finance Director for a hearing in
the manner provided in Section 4 -3 -6 -1 of this Chapter and either may appeal to the
District Court as provided in Section 4 -3 -6 -2 of this Chapter or to the Department of
Revenue as provided in Section 4 -3 -6 -3 of this Chapter.
Section 4. Section 4- 3 -6 -1, Hearings by Finance Director, of the Vail Town Code is
hereby amended in part as follows (text to be deleted is in ,text that is to be
added is bold, and sections of text that are not amended have been omitted).
4- 3 -6 -1: HEARINGS BY FINANCE DIRECTOR:
Ordinance No. 13, Series of 2010
A. Appeal Assessed Tax Amount: An appeal of a notice of assessment issued to a
vendor or taxpayer for failure to file a return, underpayment of tax owed or as a
result of an audit shall be submitted in writing to the finance director within twalm
y
(� thirty (30) calendar days from the date of the notice of assessment. Any such
appeal shall identify the amount of tax disputed and the basis for the appeal.
Section 5. Section 4- 3 -6 -3, Alternate Review by Department of Revenue, of the Vail Town
Code is hereby amended in part as follows (text to be deleted is in , text that is
to be added is bold, and sections of text that are not amended have been omitted).
4- 3 -6 -3: ALTERNATE REVIEW BY DEPARTMENT OF REVENUE:
B. Deficiency Notice: When the finance director asserts that sales tax is due in an
amount greater than the amount paid by a taxpayer, then the finance director
shall mail a deficiency notice to the taxpayer by certified mail. The deficiency
notice shall state that additional sales tax is due. The deficiency notice shall
contain notification, in clear and conspicuous type, of the time limit to file a
protest to the notice and that the taxpayer has the right to elect a state hearing
on the deficiency pursuant to Colorado Revised Statutes section 29 -2- 106.1(3).
Any protest to the deficiency notice shall be filed with the finance director
within thirty (30) days after the date of the notice. The taxpayer shall also
have the right to elect a state hearing on the finance director's denial of such
taxpayer's claim for a refund of sales tax paid.
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.
Section 9. 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
Ordinance No. 13, Series of 2010
inhabitants thereof.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON FIRST READING this 20th day of July, 2010, and a public hearing shall be held on this
Ordinance on the 3rd day of August, 2010, 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
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 3rd day of August, 2010.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 13, Series of 2010
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 14, Series
of 2010, on the Town of Vail's web site, www.vailgov.com, on the 5th day of
August, 2010.
Witness my hand and seal this eday of K. , 2010.
a el
Town of I D Pu iurk
p'% i
ORDINANCE NO. 14
SERIES OF 2010
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL CAPITAL
PROJECTS FUND OF THE 2010 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND
AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2010 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
19, Series of 2009, adopting the 2010 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2010 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
Capital Projects Fund $19034,681
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
Ordinance No. 14, Series of 2010
! r 0
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 3rd day of August, 2010, and a public hearing shall be held on this Ordinance
on the 17th day of August, 2010, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 14, Series of 2010
Dick Cleveland, Mayor
r
a
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 14, Series
of 2010, on the Town of Vail's web site, www.vailg_ov.com, on the 17th day of
August, 2010.
Witness my hand and seal this _� day of gu 2010.
O
m gel
ail Depu r
r �
ORDINANCE NO. 14
SERIES OF 2010
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL CAPITAL
PROJECTS FUND OF THE 2010 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND
AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2010 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
19, Series of 2009, adopting the 2010 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2010 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
Capital Projects Fund $1,034,681
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 prosecution commenced,
Ordinance No. 14, Series of 2010
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 3rd day of August, 2010, and a public hearing shall be held on this Ordinance
on the 17th day of August, 2010, 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 17th
day of August 2010.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 14, Series of 2010
ORDINANCE NO. 14
SERIES OF 2010
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL CAPITAL
PROJECTS FUND OF THE 2010 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND
AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2010 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
19, Series of 2009, adopting the 2010 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2010 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
Capital Projects Fund $1,034,681
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
Ordinance No. 14, Series of 2010
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 3rd day of August, 2010, and a public hearing shall be held on this Ordinance
on the 17th day of August, 2010, 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 17th
day of August 2010.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 14, Series of 2010
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 15, Series
of 2010, on the Town of Vail 's web site, www.vailgov.com, on the 12th day of
October, 2010.
Witness my hand and seal this -J<5�—L day of �yl� -,-�� , 2010.
mm Y iltp"rk (seal)
.
•
•>
ORDINANCE NO. 15
Series of 2010
AN ORDINANCE AMENDING CHAPTER 12 -6, RESIDENTIAL DISTRICTS, VAIL TOWN CODE,
TO ESTABLISH THE VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for
amending the Town's Zoning Regulations; and,
WHEREAS, on August 23, 2010 the Town of Vail Planning and Environmental Commission
held a public hearing on the application to amend the Town's Zoning Regulations and establish
the Vail Village Townhouse District, in accordance with the provisions of the Vail Town Code; and,
WHEREAS, the Town of Vail Planning and Environmental Commission forwarded a
recommendation of approval, with modifications, of the proposed Zoning Regulation amendments to
the Vail Town Council by a vote of 5 -0 -1; and,
WHEREAS, the Vail Town Council finds and determines that the amendment is consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the town; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town
Code furthers the general and specific purposes of the Zoning Regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment promotes the
health, safety, morals, and general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTION 1. Table of Contents, Title 12, Zoning Regulations, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in , text that is to be added is
bold, and sections of text that are not amended have been omitted):
Vail Village Townhouse (VVT) District ... 6J
SECTION 2. Section 12 -2 -2, Definitions, Vail Town Code, is hereby amended in part as
follows (text to be deleted is in , text that is to be added is bold, and sections
of text that are not amended have been omitted):
TOWNHOUSE: A building that has one - family dwelling units erected in a row,
each being separated from the adjoining unit or units by a party wall or walls
extending from the basement floor to the roof along the dividing lot line.
INDIVIDUALLY PLATTED TOWNHOUSE UNIT: A dwelling unit within a
townhouse subdivided under Eagle County jurisdiction as an individual
development site.
SECTION 3. Section 12 -4 -1, Designated, Vail Town Code, is hereby amended in part as
Ordinance No. 15, Series of 2010, first reading 1
follows (text to be deleted is in 6tFikethm, lah, text that is to be added is bold, and sections
of text that are not amended have been omitted):
The following zone districts are established:
Hillside residential (HR) district
Single - family residential (SFR) district
Two - family residential (R) district
Two - family primary/secondary residential (PS) district
Residential cluster (RC) district
Low density multiple - family (LDMF) district
Medium density multiple - family (MDMF) district
High density multiple - family (HDMF) district
Housing (H) district
Vail Village Townhouse (VVT) District
Public accommodation (PA) district
Commercial core 1 (CC1) district
Commercial core 2 (CC2) district
Commercial core 3 (CC3) district
Commercial service center (CSC) district
Arterial business (ABD) district
Heavy service (HS) district
Lionshead mixed use 1 (LMU -1) district
Lionshead mixed use 2 (LMU -2) district
Public accommodation -2 (PA -2) district
Agricultural and open space (A) district
Outdoor recreation (OR) district
Natural area preservation (NAP) district
Ski base /recreation (SBR) district
Ski base /recreation 2 (SBR2) district
Special development (SDD) district
Parking (P) district
General use (GU) district
SECTION 4. Chapter 12 -6, Residential Districts, Vail Town Code, is hereby established as
follows (text that is to be added is bold):
ARTICLE J. VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT
12 -6J -1: PURPOSE:
Vail Village Townhouse District is intended to provide sites and maintain the
unique character of existing townhouse and row house development in the
Vail Village Master Plan area of the Town of Vail. The Vail Village Townhouse
district is intended to ensure adequate light, air, open space, and other
amenities commensurate with attached or row dwellings, and to maintain the
desirable residential and resort qualities of the zone district by establishing
appropriate site development standards. Certain nonresidential uses are
permitted as conditional uses, which relate to the nature of Vail as a winter
and summer recreation and vacation community and, where permitted, are
intended to blend harmoniously with the residential character of the zone
district.
This zone district was specifically developed to regulate existing townhouse
and row house properties that were legally nonconforming in the High Density
Ordinance No. 15, Series of 2010, first reading 2
Multiple Family District. The Vail Village Townhouse District is meant to
encourage and provide incentives for redevelopment of existing townhouse
and row house properties in accordance with the Vail Village Master Plan.
The incentives in this zone district include differentiating between properties
subdivided and regulated as a comprehensive townhouse building from those
properties subdivided and regulated as individual townhouse lots within a
building, reductions in lot area standards, reductions in setbacks, increases in
density, increases in gross residential floor area (GRFA), reductions in
landscaping area, and reductions in parking design requirements. More
restrictive building height requirements have been applied to these properties
in accordance with the Vail Village Master Plan to maintain the existing
character of townhouse and rowhouse development in Vail Village.
12 -6J -2: PERMITTED USES:
The following uses shall be permitted in the VVT district:
Employee housing units, as further regulated by chapter 13 of this title.
Multiple - family residential dwellings, including townhouses or attached row
dwellings.
12 -6J -3: CONDITIONAL USES:
The following conditional uses shall be permitted in the VVT 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.
Home child daycare facilities, as further regulated by section 12 -14 -12 of this
title.
Private unstructured parking.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Timeshare units.
12 -6J -4: ACCESSORY USES:
The following accessory uses shall be permitted in the VVT district:
Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of section 12 -14 -12 of this title.
Private greenhouses, tool sheds, playhouses, attached garages or carports,
swimming pools, or recreation facilities customarily incidental to permitted
residential and lodge uses.
Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof.
12 -6J -5: LOT AREA AND SITE DIMENSIONS:
The minimum lot or site area shall be ten thousand (10,000) square feet of total
site area for a comprehensive townhouse development site. For individually
platted townhouse lots within a townhouse development site, the minimum lot
or site area shall be two thousand (2,000) square feet of total site area. Each
site shall have a minimum frontage of twenty feet (20').
12 -6J -6: SETBACKS:
The minimum setback shall be twenty feet (20') from the front, side, and rear
Ordinance No. 15, Series of 2010, first reading 3
property lines. There shall be no setback from property lines which exist
between attached dwelling units.
12 -6J -7: HEIGHT:
For a flat roof or mansard roof, the height of buildings shall not exceed forty
five feet (45'). For a sloping roof, the height of buildings shall not exceed forty
eight feet (48'). The initial eave height along a public street shall be as
regulated by the Vail Village Master Plan.
12 -6J -8: DENSITY CONTROL:
The existing number of legally established units on a property or twenty -five
dwelling units per acre of total site area, whichever is greater, shall be
allowed. A dwelling unit in a multiple - family or townhouse building may
include one attached accommodation unit no larger than one -third (1/3) of the
total floor area of the dwelling.
12 -6J -9: GROSS RESIDENTIAL FLOOR AREA:
Not more than one hundred twenty five (125) square feet of gross residential
floor area (GRFA) shall be permitted for each one hundred (100) square feet of
total site area. Attached or row dwellings in this zone district shall not be
entitled to additional gross residential floor area under section 12 -15 -5:
Additional Gross Residential Floor Area (250 Ordinance), or section 12 -15 -4:
Interior Conversions of this title. There shall be no exclusion to gross
residential floor area granted for enclosed garage space within individual
dwelling units as referenced in Chapter 15 Gross Residential Floor Area.
12- 6J -10: SITE COVERAGE:
Site coverage shall not exceed fifty five (55 %) of the total site area.
12- 6J -11: LANDSCAPING AND SITE DEVELOPMENT:
At least twenty percent (20 %) of the total site area shall be landscaped.
12- 6J -12: PARKING AND LOADING:
Off street parking and loading shall be provided in accordance with chapter 10
of this title. Required parking legally established within the street right -of -way
may be continued subject to a revocable right -of -way permit issued by the
Town of Vail.
SECTION 5. Section 12- 10 -17 -13, Lease Qualifications, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in text that is to be added is
bold, and sections of text that are not amended have been omitted):
1. Any owner, occupant or building manager who owns, occupies or manages ten
(10) or more private parking spaces located in commercial core 1, commercial core
2, commercial core 3, high density multiple - family, Vail Village Townhouse, public
accommodations, Lionshead mixed use 1, Lionshead mixed use 2, or special
development zone districts and provides sufficient parking for use by employees
may apply to the administrator of the town for a permit to lease parking spaces.
SECTION 6. Section 12 -13 -4, Requirements by Employee Housing Unit (EHU) Type, Vail
Town Code, is hereby amended in part as follows (text to be deleted is in , text
that is to be added is bold, and sections of text that are not amended have been omitted):
Ordinance No. 15, Series of 2010, first reading 4
Type j Residential cluster
III Low density multiple - family
Medium density multiple-
,
family
High density multiple - family
Vail Village townhouse
Public accommodation
Commercial core 1
Commercial core 2
Commercial core 3
i Commercial service center
Arterial business
Heavy service
Lionshead mixed use 1
Lionshead mixed use 2
Public accommodation 2
Ski base /recreation
Ski base /recreation 2
Special
development district
Parking district
General use
The EHU The EHU
I n/a
n/a
Per
A. Dwelling
The EHU is
may be
is
I
I
chapter
unit: 300 sq.
excluded
sold or
excluded
I
10 of
ft. minimum
from the
transferred
from the
0.13 of site area > 10,000 sq. ft.
I this title
and 1,200
calculation
separately.
calculatio
0.38 of site area > 10,000 and <_ 15,000 sq. ft., plus
as a
sq. ft.
of density.
n of
0.06 of site area > 30,000 sq. ft.
dwelling
maximum.
0.46 of site te areas 10,000 sq. ft., plus
None
GRFA.
I
unit.
secondary residential
0.13 of site area > 15,000 and <_ 30,000 sq. ft., plus
B. Dormitory
unit:
200 sq.
ft.
minimu
m for
each
person
occupy
ing the
EHU.
SECTION 7. Section 12 -15 -2, GRFA Requirements By Zone District, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in r +ril�o +hrn text that is to be
added is bold, and sections of text that are not amended have been omitted):
. . ..... . .. Zone Districts ........ N�.:.:._.._.....- ....:._
....,, �_:_. � ...,�..�_�,_,..,_...._ „w.....,� ..,.. �. �.,. ............ ............................... .. .. :.. k :.:..
GRFA Credits
(Added
To Results Of
GRFA Ratio Application Of Percentage)
HR
0.43 of sites 10,000 sq. ft., plus
None
Hillside residential
0.25 of site area > 10,000 and <_ 22,000 sq. ft., plus
10.07 of site area > 22,000 sq. ft. f
SFR
0.40 of site areas 10,000 sq. ft., plus
I
..
[
None
Single- family residential
0.13 of site area > 10,000 sq. ft.
R
;0.46 of site area 5 10,000 sq. ft., plus
None
Two - family residential
0.38 of site area > 10,000 and <_ 15,000 sq. ft., plus
0.13 of site area > 15,000 and <_ 30,000 sq. ft., plus
0.06 of site area > 30,000 sq. ft.
PS
0.46 of site te areas 10,000 sq. ft., plus
None
Two - family primary/
10.38 of site area > 10,000 and <_ 15,000 sq. ft., plus
secondary residential
0.13 of site area > 15,000 and <_ 30,000 sq. ft., plus
0.06 of site area > 30,000 sq. ft.
...... ,., _ .... ... _,..,._,_ ,_� ._..
....... ...,..
(the secondary unit shall not exceed
_._
.. . _ - . _...- ......, .. w_...,.,..
40% of the allowable GRFA)
RC
...... w ..... _,,.. . ,
0.36 of buildable area
None
Residential cluster
L D M F ._..,_...__ .,, w..
..,. ,,.,.,
0.44 of buildable area ,.,.,,,,_,.,,.. ,.,_.,.,..�..
...�...,.
None
Low density multiple -
family
M D M F..,.:......_ ..... w,.,._..,,.,.,_..._..,_........ _. w._.......
0.56 ~ of buildable a,re a .: . ,,... M... T..,,... -..._
None
Medium density multiple -
family
HDMF
0.76 of buildable area
None
High density multiple -
family
H
Per planning and environmental commission
None
Housing
approval
VVT
"1.25 of site area
None
Ordinance No. 15, Series of 2010, first reading 5
Vail Village townhouse
[Per planning and environmental commission _
None
General use
PA w.
0.80 of buildable area
None
Public accommodation
None permitted
CC1
0.80 of buildable area
None
Commercial core 1
SBR
Per town council approval
CC2 ,-+ - �......._.:w.:...___......
0.80 of buildable area..M„a„.....,:..
None
Commercial core 2
SDD
CC3
0.30 of buildable area � � w�
None
Commercial core 3
development plan approval by town council
CSC
0.40 of buildable area
I
None
Commercial service
(GRFA shall not exceed 50% of the
.. ... ..
Per planning and environmental commission
w
center
total building floor area on any site)
Ski base /recreation 2
,approval
ABD
0.60 of buildable area
None
Arterial business
HS
..
; None permitted
None
Heavy service
{
LMU -1
2.5 of buildable area
None
Lionshead mixed use 1
LMU -2
. .... : .:.. ...,........................... ,......., :...
2.5 of buildable area
.. __ .
None
Lionshead mixed use 2
A
2,000 sq. ft.
None
Agricultural and open
space
OR
'None permitted
None
Outdoor recreation
P �
None permitted
� .,„,..._.,._.._..� None
Parking
I
GU
[Per planning and environmental commission _
None
General use
'approval
NAP
None permitted
None
Natural area preservation
SBR
Per town council approval
None
Ski base /recreation
SDD
Per underlying zoning or per
None
Special development
development plan approval by town council
districts
I
.. . ...... .
SBR2
.. ... ..
Per planning and environmental commission
w
w
None
Ski base /recreation 2
,approval
SECTION 8. Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in , text that is to be
added is bold, and sections of text that are not amended have been omitted):
B. Within The Residential Cluster (RC), Low Density Multiple - Family (LDMF),
Medium Density Multiple - Family (MDMF), High Density Multiple - Family (HDMF),
And Housing (H), and Vail Village Townhouse (VVT) Districts:
SECTION 9. Section 12 -15 -3, Definition, Calculation, and Exclusions, Vail Town Code, is
hereby amended in part as follows (text to be deleted is in ,text that is to be
added is bold, and sections of text that are not amended have been omitted):
C. Within All Districts Except The Hillside Residential (HR), Single - Family
Residential (SFR), Two - Family Residential (R), Two - Family Primary/Secondary
(PS), Residential Cluster (RC), Low Density Multiple - Family (LDMF), Medium
Density Multiple - Family (MDMF), High Density Multiple - Family (HDMF), ARd
Housing (H), and Vail Village Townhouse (VVT) Districts:
Ordinance No. 15, Series of 2010, first reading 6
SECTION 10. Section 12 -15 -4, Interior Conversions, Vail Town Code, is hereby amended
in part as follows (text to be deleted is in ,text that is to be added is bold, and
sections of text that are not amended have been omitted):
B. Applicability: Within all zone districts except the single - family residential
(SFR), two - family residential (R), apd two - family primary/secondary residential
(PS), and Vail Village Townhouse (VVT) districts, dwelling units that meet or
exceed allowable GRFA will be eligible to make interior conversions provided the
following criteria are satisfied:
1. Any existing dwelling unit shall be eligible to add GRFA, via the "interior space
conversion" provision in excess of existing or allowable GRFA including such
units located in a special development district; provided, that such GRFA
complies with the standards outlined herein.
2. For the purpose of this section, "existing unit" shall mean any dwelling unit that
has been constructed prior to August 5, 1997, and has received a certificate of
occupancy, or has been issued a building permit prior to August 5, 1997, or has
received final design review board approval prior to August 5, 1997.
SECTION 11. Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance),
Vail Town Code, is hereby amended in part as follows (text to be deleted is in ,
text that is to be added is bold, and sections of text that are not amended have been
omitted):
B. Applicability: The provisions of this section shall apply to dwelling units in all zone
districts except the single - family residential (SFR), two - family residential (R), and
two - family primary/secondary residential (PS), and Vail Village Townhouse (VVT)
districts.
SECTION 12. Section 12 -24 -1, Inclusionary Zoning, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in ,text that is to be added is bold, and
sections of text that are not amended have been omitted):
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 of
this chapter:
1. High density multiple - family (HDMF),
2. Vail Village Townhouse (VVT)
3. Public accommodation (PA);
4. Public accommodation 2 (PA -2);
4-. 5. Commercial core 1 (CC 1);
5-.6. Commercial core 2 (CC2);
7. Commercial core 3 (CC3);
8. Commercial service center (CSC);
9- 9. Arterial business (ABD);
4- 10. General use (GU);
44, 11. Heavy service (HS);
44- 12. Lionshead mixed use 1 (LMU -1);
4-2,13. Lionshead mixed use 2 (LMU -2);
4-3- 14. Ski base /recreation (SBR);
44 15. Ski base /recreation 2 (SBR2);
Ordinance No. 15, Series of 2010, first reading 7
11.5: 16. Parking district (P); and
17. Special development (SDD).
SECTION 13. Section 14 -8 -1 Site Development Standards, Inclusionary Zoning, Vail Town
Code, is hereby amended in part as follows (text to be deleted is in 6trikethml lah, text that is
to be added is bold, and sections of text that are not amended have been omitted):
Ordinance No. 15, Series of 2010, first reading
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SECTION 14. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Vail Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
SECTION 15. The Vail Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof. The Council's finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
SECTION 16. The amendment of any provision of the Town Code of Vail as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
SECTION 17. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of October, 2010 and a
public hearing for second reading of this Ordinance set for the 19th day of October, 2010, 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
Ordinance No. 15, Series of 2010, first reading 16
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 16, Series
of 2010, on the Town of Vail Is web site, www.vailgov.com, on the 25th day of
October, 2010.
fitness my hand and seal this�X -K— day of(!� ', 2010.
Tammy Nage�'I� r
Town of Vail Clerk_. (seal)
ORDINANCE NO. 16
Series of 2010
AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE,
PURSUANT TO SECTION 11 -3 -3, PRESCRIBED REGULATIONS AMENDMENT, VAIL
TOWN CODE, TO ESTABLISH REGULATIONS FOR SKI YARD BASE AREA SIGNS, AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Title 11, Sign Regulations, Vail Town Code, does not address ski yard signs
within the Town of Vail, which are necessary for the operation of Vail Mountain; and
WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets
forth the procedures for amending the Town's Sign Regulations; and
WHEREAS, the Town of Vail Planning and Environmental Commission held a public
hearing on September 27, 2010, on the application to amend the Town's Sign Regulations, in
accordance with the provisions of the Vail Town Code; and
WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a
recommendation of approval, with modifications, to the Vail Town Council by a vote of 6 -0 -1
(Cartin recused) of the request to amend the Town's Sign Regulations; and
WHEREAS, the Vail Town Council finds and determines that the amendment to the
Town's Sign Regulations is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and is compatible with the
development objectives of the town; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the
Town's Sign Regulations furthers the general and specific purposes of the sign regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment promotes
the health, safety, morals, and general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTION 1. Purpose: The purpose of this Ordinance is to create regulations for
signage within the ski yard on Vail Mountain.
SECTION 2. Section 11 -2 -1: Definitions Enumerated, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in , text that is to be added
is bold, and sections of text that are not amended have been omitted)
Sign, Electronic: Any sign with electronic components such as video
screens, electronic changeable copy, and similar features.
Sign, Portable: Any sign not permanently attached to the ground or other
permanent structure, including, but not limited to, A -frame and sandwich
board signs.
Ordinance No. 16, Series of 2010, first reading
Sign, Ski Yard: Any sign within a ski yard area, as determined by the
Administrator, that serve to inform skiers of grooming conditions, meeting
areas, open trails, special events, lift tickets and other mountain
information and activities.
SECTION 3. Section 11 -7 -15: Ski Yard Signs, Vail Town Code, is hereby established
as follows (text that is to be added is bold):
11-7-15: Ski Yard Signs
A. Description: Ski Yard Sign regulations apply to all signage within the
designated ski yard areas, as determined by the Administrator during review of
seasonal ski yard sign programs.
1. Number: Subject to design review.
2. Area: Subject to design review.
3. Height: Projecting and awning signs shall have a minimum clearance of
eight feet (8) above pedestrianways and a minimum clearance of fifteen
feet (15) above vehicularways. No part of any ski yard sign shall extend
more than twenty five feet (25) above grade.
4. Location: Subject to design review. Signs may be permitted in the town's
right of way, subject to Subsection 11 -5 -31, "Placement On Public
Property ", of this title.
5. Type: Awning, freestanding, portable, projecting or wall mounted. A-
frame and sandwich board style signs are prohibited.
6. Lighting: Subject to design review.
7. Landscaping: Subject to design review.
8. Special Provisions:
a. Changeable copy may be allowed to identify on mountain conditions.
Electronic signs may be permitted, and are subject to design review.
b. Design Review: Ski yard signs shall be provided in a seasonal sign
program package, to be submitted, reviewed and approved by the
Design Review Board on a seasonal basis.
c. Content: Ski yard signs may advertise on- mountain activities located
outside the Town of Vail, but shall not include advertisement for any
business which competes with a business located within the Town of
Vail.
Ordinance No. 16, Series of 2010, first reading 2
SECTION 4. Section 11 -9 -2: Prohibited Signs, Vail Town Code, is hereby established
as follows (text that is to be added is bold, and sections of text that are not amended
have been omitted):
11 -9 -2: PROHIBITED SIGNS.
The following signs are prohibited within the town of Vail:
O. Portable signs, except government signs and ski yard signs.
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 Vail Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
SECTION 6. The Vail Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof. The Council's finding, determination and declaration is
based upon the review of the criteria prescribed by the Town Code of Vail and the
evidence and testimony presented in consideration of this ordinance.
SECTION 7. The amendment of any provision of the Town Code of Vail as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
SECTION 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 19th day of October, 2010 and a
public hearing for second reading of this Ordinance set for the 2nd day of November,
2010, 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
Ordinance No. 16, Series of 2010, first reading 3
i
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 16, Series
of 2010, on the Town of Vail Is web site, www.vailgov.com, on the 3rd day of
November, 2010.
Witness my hand and seal this �'— day of , 2010.
Ta y N a
p
To rn of V puty Cler '
O• '
0•
� r
I ad
ORDINANCE NO. 16
Series of 2010
AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE,
PURSUANT TO SECTION 11 -3 -3, PRESCRIBED REGULATIONS AMENDMENT, VAIL
TOWN CODE, TO ESTABLISH REGULATIONS FOR SKI BASE AREA SIGNS, AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Title 11, Sign Regulations, Vail Town Code, does not address ski yard signs
within the Town of Vail, which are necessary for the operation of Vail Mountain; and
WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets
forth the procedures for amending the Town's Sign Regulations; and
WHEREAS, the Town of Vail Planning and Environmental Commission held a public
hearing on September 27, 2010, on the application to amend the Town's Sign Regulations, in
accordance with the provisions of the Vail Town Code; and
WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a
recommendation of approval, with modifications, to the Vail Town Council by a vote of 6 -0 -1
(Cartin recused) of the request to amend the Town's Sign Regulations; and
WHEREAS, the Vail Town Council finds and determines that the amendment to the
Town's Sign Regulations is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and is compatible with the
development objectives of the town; and,
WHEREAS, the Vail Town Council finds and determines that the provisions contained
within the proposed regulation amendments further the goal of providing the highest level of
guest services for our premier resort community; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the
Town's Sign Regulations furthers the general and specific purposes of the sign regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment promotes
the health, safety, morals, and general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTION 1. Purpose: The purpose of this Ordinance is to create regulations for signs
within the ski base areas of Vail Mountain.
SECTION 2. Section 11 -2 -1: Definitions Enumerated, Vail Town Code, is hereby
amended in part as follows (text to be added is bold, and sections of text that are not
amended have been omitted)
Sign, Electronic: A sign utilizing video screens, variable message, digital
display and similar features. Illumination sources may include, but are not
limited to LCD, LED, incandescent, and other similar light sources. Messages
Ordinance No. 16, Series of 2010, second reading
may roll, scroll, dissolve, and alternate periodically.
Sign, Portable: A sign not erected with a permanent fixed location attached to
the ground or other permanent structure, including, but not limited to, A -frame
and sandwich board signs.
Sign, Ski Base: A sign in a ski base area that informs the public about on-
mountain conditions, grooming reports, status of ski lifts and tows, and the
location of ski school facilities, ski racing facilities, ski patrol facilities, outdoor
recreation facilities and activities, lift ticket sales, skier and guest services.
Ski Base Area: For the purpose of regulating ski base area signs, ski base
areas are those areas of Vail Village, Lionshead, Golden Peak, Cascade Village,
and any other future portals immediately adjacent to a ski lift or tow.
SECTION 3. Section 11 -5 -2: Design Guidelines, Vail Town Code, is hereby amended in
part as follows (text to be added is bold, and sections of text that are not amended have
been omitted)
Any sign erected within the town of Vail should:
B. Be compatible with the placement of surrounding signs: Similar signs should
not be placed within close proximity of each other, but should instead incorporate
variety and visual interest within the "view corridor" that they are placed. Signs
shall not create visual clutter. The staff shall review all proposed signs in the
context of adjacent signage to verify that the sign is appropriately placed.
SECTION 4. Section 11 -7 -16: Ski Yard Signs, Vail Town Code, is hereby established
as follows (text to be added is bold, and sections of text that are not amended have
been omitted):
11 -7 -16: Ski Base Area
A. Description: These regulations apply to all signs erected within the ski base
areas. These regulations are intended to provide the ski base areas with the
signs necessary to operate the ski mountain. These signs are necessary to
clearly communicate the multi seasonal offerings of the ski mountain. There
shall be a sign program addressing the needs of both the winter and summer
seasons. The intent of these regulations is to provide the highest level of
guest services while maintaining the highest quality resort character. It is not
the intent of these regulations to provide a competitive advantage to on-
mountain commercial uses.
1. Number: Subject to design review.
2. Area: Subject to design review.
3. Height: Awning, projecting, wall, and electronic signs shall have a
minimum clearance of eight feet (8) above pedestrianways and a minimum
clearance of fifteen feet (15) above vehicularways. No part of a ski base
sign shall extend more than twenty five feet (25) above grade.
Ordinance No. 16, Series of 2010, second reading 2
4. Location: Subject to design review. Signs may be permitted in the public
right of way subject to Subsection 11 -5 -31, "Placement On Public Property
of this title.
5. Type: Awning, freestanding, portable, projecting, wall, and electronic
signs. A -frame and sandwich board style signs are prohibited.
6. Lighting: Subject to design review.
7. Landscaping: Subject to design review.
8. Special Provisions:
a. A sign program is required in accordance with the provisions of
Chapter 8 of this title.
b. Signs advertising on mountain eating and drinking establishments,
retail stores and establishments, and other commercial uses shall be
prohibited.
SECTION 5. Section 11 -9 -2: Prohibited Signs, Vail Town Code, is hereby amended as
follows (text to be added is bold, and sections of text that are not amended have been
omitted):
11 -9 -2: PROHIBITED SIGNS.
The following signs are prohibited within the town of Vail:
O. Portable signs, except official government signs, open house signs, and
ski base signs.
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 Vail Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
SECTION 7. The Vail Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof. The Council's finding, determination and declaration is
based upon the review of the criteria prescribed by the Town Code of Vail and the
evidence and testimony presented in consideration of this ordinance.
SECTION 8. The amendment of any provision of the Town Code of Vail as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Ordinance No. 16, Series of 2010, second reading 3
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 19th day of October, 2010 and a
public hearing for second reading of this Ordinance set for the 2nd day of November,
2010, 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 2nd day of November, 2010.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 16, Series of 2010, second reading 4
%a
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 17, Series
of 2010, on the Town of Vail 's web site, www.vailgov.com, on the 3rd day of
November, 2010.
r�
Witness my hand and seal this 3 i day of �)��� /�� , 2010.
J
rimy Nagel
(Town of VaCbeputy Cie ���.•�s'�2tE�,��
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ORDINANCE NO. 17
SERIES OF 2010
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, 2011 THROUGH DECEMBER 31, 2011
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 2011 fiscal year, to make appropriations for the amounts specified in the
budget; and
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. The procedures prescribed in Article IX of the Charter of the Town of Vail,
Colorado, for the enactment hereof, have been fulfilled.
2. Pursuant to Article IX of the Charter, the Town Council hereby makes the
following annual appropriations for the Town of Vail, Colorado, for its fiscal year
beginning on the first day of January, 2011, and ending on the 31St day of December,
2011:
FUND
AMOUNT
General Fund
2815641410
Capital Projects Fund
1777897831
Real Estate Transfer Tax Fund
914291594
Vail Marketing Fund
3167100
Debt Service Fund
272841681
Heavy Equipment Fund
371931801
Health Insurance Fund
31405,000
Dispatch Services Fund
311681964
Total
6811521381
Less Interfund Transfers
(81412,180)
Net Expenditure Budget
5977407201
Ordinance No. 17, Series of 2010
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2011 fiscal year for the Town of Vail, Colorado, which are incorporated by
reference herein and made part hereof, and copies of said public records shall be made
available to the public in the Municipal Building of the Town. This Ordinance shall take
effect five (5) days after publication following the final passage hereof.
4. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
5. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the
inhabitants thereof.
6. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecution commenced, nor any other action or proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not
be construed to revise any bylaw, order, resolution, or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 2nd day of November, 2010. A public hearing shall
be held hereon on the 16th day of November, 2009, 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
Ordinance No. 17, Series of 2010
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy I'llagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I pUbli -hed in full a true and correct copy of Ordinance No. 17, Series
of 2010, on the Town of Vail's web site, www.vailgov.com, on the 17th day of
November, 2010.
k
�
Witness my hind and seal this J day of ,�,1'.�L , 2010.
'TO Aj
an�i gel •
Town of Va Depu`y CO);
!4nn
r�
ORDINANCE NO. 17
SERIES OF 2010
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, 2011 THROUGH DECEMBER 31, 2011
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 2011 fiscal year, to make appropriations for the amounts specified in the
budget; and
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. The procedures prescribed in Article IX of the Charter of the Town of Vail,
Colorado, for the enactment hereof, have been fulfilled.
2. Pursuant to Article IX of the Charter, the Town Council hereby makes the
following annual appropriations for the Town of Vail, Colorado, for its fiscal year
beginning on the first day of January, 2011, and ending on the 31 St day of December,
2011:
FUND
AMOUNT
General Fund
2816397410
Capital Projects Fund
1777891831
Real Estate Transfer Tax Fund
975247594
Vail Marketing Fund
3167100
Debt Service Fund
272847681
Heavy Equipment Fund
371937801
Health Insurance Fund
374057000
Dispatch Services Fund
371687 964
Total
6871521381
Less Interfund Transfers
(87412,180)
Net Expenditure Budget
59,9107201
Ordinance No. 17, Series of 2010
•x
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2011 fiscal year for the Town of Vail, Colorado, which are incorporated by
reference herein and made part hereof, and copies of said public records shall be made
available to the public in the Municipal Building of the Town. This Ordinance shall take
effect five (5) days after publication following the final passage hereof.
4. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
5. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the
inhabitants thereof.
6. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecution commenced, nor any other action or proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not
be construed to revise any bylaw, order, resolution, or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 2nd day of November, 2010. A public hearing shall
be held hereon on the 16th day of November, 2009, 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.
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 17, Series of 2010
Dick Cleveland, Mayor
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN
FULL this 16th day of November 2010.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 17, Series of 2010
ORDINANCE NO. 17
SERIES OF 2010
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, 2011 THROUGH DECEMBER 31, 2011
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 2011 fiscal year, to make appropriations for the amounts specified in the
budget; and
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. The procedures prescribed in Article IX of the Charter of the Town of Vail,
Colorado, for the enactment hereof, have been fulfilled.
2. Pursuant to Article IX of the Charter, the Town Council hereby makes the
following annual appropriations for the Town of Vail, Colorado, for its fiscal year
beginning on the first day of January, 2011, and ending on the 31St day of December,
2011:
A=9
AMOUNT
General Fund
28,639,410
Capital Projects Fund
1717899831
Real Estate Transfer Tax Fund
99524,594
Vail Marketing Fund
316,100
Debt Service Fund
21284,681
Heavy Equipment Fund
3,193,801
Health Insurance Fund
31405,000
Dispatch Services Fund
31168,964
Total
68,152,381
Less Interfund Transfers
81412,180
Net Expenditure Budget
59,910,201
Ordinance No. 17, Series of 2010
ij ,
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2011 fiscal year for the Town of Vail, Colorado, which are incorporated by
reference herein and made part hereof, and copies of said public records shall be made
available to the public in the Municipal Building of the Town. This Ordinance shall take
effect five (5) days after publication following the final passage hereof.
4. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
5. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the
inhabitants thereof.
6. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecution commenced, nor any other action or proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not
be construed to revise any bylaw, order, resolution, or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 2nd day of November, 2010. A public hearing shall
be held hereon on the 16th day of November, 2009, 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.
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 17, Series of 2010
Dick Cleveland, Mayor
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN
FULL this 16th day of November 2010.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 17, Series of 2010
J_ I�
�1
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I pLIblished in full a true and correct copy of Ordinance No. 18, Series
of 2010, on the Town of Vail's web site, www.vailgov.com, on the 17th day of
November, 2010.
Witness nay herd and seal this t'2-L day of
woo
a Nagel
Town of it Deput Clerk
PPP!'P-0WA, t
. N47
0 C6
.2010.
ORDINANCE NO. 18
SERIES OF 2010
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HEALTH
INSURANCE FUND AND DEBT SERVICES FUND OF THE 2010 BUDGET FOR THE TOWN
OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH
HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2010 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
19, Series of 2009, adopting the 2010 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2010 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $(142,622)
Capital Projects Fund $ 100,708
Real Estate Transfer Tax Fund $ 600,078
Health Insurance Fund $ 4251000
Debt Service Fund $(121,081)
Total $ 862,083
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. 18, Series of 2010
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 16th day of November, 2010, and a public hearing shall be held on this
Ordinance on the 7th day of December, 2010, 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
Ordinance No. 18, Series of 2010
PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 18, Series
of 2010, on the Town of Vail's web site, www.vailgov.com, on the 8th day of
December, 2010.
Witness my hand and seal this day of 6 , , 2010.
�! r7 eal)
ORDINANCE NO. 18
SERIES OF 2010
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HEALTH
INSURANCE FUND AND DEBT SERVICES FUND OF THE 2010 BUDGET FOR THE TOWN
OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH
HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2010 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
19, Series of 2009, adopting the 2010 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2010 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $(142,622)
Capital Projects Fund $ 100,708
Real Estate Transfer Tax Fund $ 600,078
Health Insurance Fund $ 425,000
Debt Service Fund $(121,081)
Total $ 862,083
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. 18, Series of 2010
.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 16th day of November, 2010, and a public hearing shall be held on this
Ordinance on the 7th day of December, 2010, 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 7th
day of December 2010.
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 18, Series of 2010
Dick Cleveland, Mayor
c
PROOF OF PUBLICATION
STATE OF CO(_ORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I puh!iched in full a true and correct copy of Ordinancw No. 20, Series
of 2010, on the; Town of Vail's web site, www.vailgov.com, on the 17th day of
November, 2010.
Witness niy hard and seal this ? day of , 2010.
an,111, el
Town of Vail ut Clerk go
,It
ORDINANCE NO. 20
SERIES OF 2010
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2010 TAX YEAR AND
PAYABLE IN THE 2011 FISCAL YEAR.
WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and
collection of Town ad valorem property taxes due for the 2010 year and payable in the 2011
fiscal year.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. For the purpose of defraying part of the operating and capital expenses of the
Town of Vail, Colorado, during its 2011 fiscal year, the Town Council hereby levies a property
tax of 4.73 mills upon each dollar of the total assessed valuation of $1,039,405,950 for the 2010
tax year of all taxable property within the Town, which will result in a gross tax levy of
$4,911,921 calculated as follows:
Base mill levy 4.690 $4,8749814
Abatement levy .036 37,107
Total mill levy 4330 $49911a921
Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the
Colorado Revised Statutes (1973 as amended), and as otherwise required by law.
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance,
and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
Ordinance 20, Series of 2010
•
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 16th day of November, 2010. A public hearing shall be
held hereon at 6 P.M. on the 7th day of December, 2010, at the regular meeting of the Town
Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance 20, Series of 2010
Dick Cleveland, Mayor
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 20, Series
of 2010, on the Town of Vail's web site, www.vailqov.com, on the 8th day of
December, 2010.
Witness my hand and seal this day of 6,4--,2010.
Town of Vail 0-0"ty Cle* ------> L*I�a •'
ORDINANCE NO. 20
SERIES OF 2010
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2010 TAX YEAR AND
PAYABLE IN THE 2011 FISCAL YEAR.
WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and
collection of Town ad valorem property taxes due for the 2010 year and payable in the 2011
fiscal year.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. For the purpose of defraying part of the operating and capital expenses of the
Town of Vail, Colorado, during its 2011 fiscal year, the Town Council hereby levies a property
tax of 4.73 mills upon each dollar of the total assessed valuation of $1,037,964,140 for the 2010
tax year of all taxable property within the Town, which will result in a gross tax levy of
$4,905,159 calculated as follows:
Base mill levy
4.690 $4,868,052
Abatement levy
.036 37,107
Total mill levy
4.726 4 OS 1 9
Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the
Colorado Revised Statutes (1973 as amended), and as otherwise required by law.
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance,
and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
Ordinance 20, Series of 2010
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 16th day of November, 2010. A public hearing shall be
held hereon at 6 P.M. on the 7th day of December, 2010, at the regular meeting of the Town
Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
ATTEST: Dick Cleveland, Mayor
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this
7th day of December 2010.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance 20, Series of 2010
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 22, Series
of 2010, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of
December, 2010.
Witness my hand and seal this�_ay of , 2010.
ITay Nag f Vail De ty C (seal)
ORDINANCE NO. 22
Series of 2010
AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, TO ALLOW
ENTERTAINMENT SIGNS FOR THEATERS AND MENU BOXES FOR EATING AND DRINKING
ESTABLISHMENTS IN THEATERS TO BE ELECTRONIC SIGNS, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, technology has evolved and the use of electronic signs has become the industry
standard for movie theaters; and,
WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth
the procedures for amending the Town's Sign Regulations; and,
WHEREAS, the Town of Vail Planning and Environmental Commission held a public
hearing on November 22, 2010 on the application to amend the Town's Sign Regulations, in
accordance with the provisions of the Vail Town Code; and,
WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a
recommendation of approval, with modifications, to the Vail Town Council of the request to amend
the Town's Sign Regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's
Sign Regulations is consistent with the applicable elements of the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and is compatible with the development objectives
of the town; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's
Sign Regulations furthers the general and specific purposes of the sign regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment promotes the
health, safety, morals, and general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTION 1. Section 12 -2 -2, Definitions, Vail Town Code, is hereby amended in part as
follows (text to be deleted is in std, text that is to be added is bold, and sections of
text that are not amended have been omitted):
Theater: An establishment for the rehearsal and presentation of performing
arts and /or the showing of movies or motion pictures.
SECTION 2. Section 11 -2, Definitions, Vail Town Code, is hereby amended in part as
follows (text to be deleted is in strip, text that is to be added is bold, and sections of
text that are not amended have been omitted):
Movie /media rental business: A retail establishment engaged in the sale or
lease of recorded movies, video games, or other forms of electronic media.
Ordinance No. 22, Series of 2010, first reading
Theater: An establishment for the rehearsal and presentation of performing
arts and /or the showing of movies or motion pictures.
SECTION 3. Section 11- 6 -3 -C, Menu Box (SD1 and SD2), Vail Town Code, is hereby
amended in part as follows (text to be deleted is in stFiket#Fea9►, text that is to be added is
bold, and sections of text that are not amended have been omitted):
1. Number: Each business shall be allowed up to two (2) menu boxes per
business frontage, per subsection C5 of this section.
2. Area: Businesses shall be allowed up to six (6) square feet of menu box area
per business frontage. No single menu box shall exceed six (6) square feet, and
no business frontage shall display more than six (6) square feet of menu box
area.
3. Height: The height of the highest part of the menu box shall not extend more
than six feet (6) from existing grade.
4. Location: Menu boxes shall be displayed on the business frontage.
5. Special Provisions: Menu boxes are allowed only at eating and drinking
establishments for the exclusive display of menus.
Menu boxes for eating and drinking establishments in theaters may be
electronic signs. When used as a menu box, the illumination levels of an
electronic sign must be adjusted to the ambient light conditions and be no
brighter than is necessary for clear and adequate visibility. When used as a
menu box, electronic signs shall not emit light between the hours of eleven
o'clock (11:00) PM and seven o'clock (7:00) AM the following day.
SECTION 4. Section 11 -7 -8, Entertainment Signs, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in stFiket#feugh, text that is to be added is bold, and
sections of text that are not amended have been omitted):
Theaters and movie /media rental business will be allowed three (3) poster images in
the front window at any one time. The allowable area of each entertainment sign
may be up to eight (8) square feet, subject to design review approval.
Entertainment signs for theaters may be electronic signs. When used as an
entertainment signs, the illumination levels of an electronic sign must be
adjusted to the ambient light conditions and be no brighter than is necessary
for clear and adequate visibility. When used as an entertainment sign,
electronic signs shall not emit light between the hours of eleven o'clock
(11:00) PM and seven o'clock (7:00) AM the following day.
SECTION 5. Section 11 -9 -2, Prohibited Signs, Vail Town Code, is hereby amended in part
as follows (text to be deleted is in stfiket#reug#, text that is to be added is bold, and sections
of text that are not amended have been omitted):
11 -9 -2: Prohibited Signs: Unless otherwise allowed by this title, the following
signs are prohibited within the Town of Vail:
SECTION 6. Sub - section 11- 9 -2 -D, Prohibited Signs, Vail Town Code, is hereby amended
in part as follows (text to be deleted is in 6triket#F9W9h, text that is to be added is bold, and
sections of text that are not amended have been omitted):
Ordinance No. 22, Series of 2010, first reading 2
D. Signs that incorporate projected images, emit any sound WhiGh is iRtended to
aWagrat , or involve the use of live animals.
SECTION 7. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Vail Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses
or phrases be declared invalid.
SECTION 8. The Vail Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof. The Council's finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
SECTION 9. The amendment of any provision of the Town Code of Vail as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
SECTION 10. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of December, 2010 and a
public hearing for second reading of this Ordinance set for the 4th day of January, 2011 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
Ordinance No. 22, Series of 2010, first reading 3
PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 22, Series
of 2010, on the Town of Vail's web site, www.vail.qov.com, on the 5th day of
January, 2011.
Witness my hand and seal this
4 Va gel
lerk
day o , 2011.
t"
ORDINANCE NO. 22
Series of 2010
AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, TO ALLOW
ENTERTAINMENT SIGNS FOR THEATERS AND MENU BOXES FOR EATING AND DRINKING
ESTABLISHMENTS IN THEATERS TO BE ELECTRONIC SIGNS, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, technology has evolved and the use of electronic signs has become the industry
standard for movie theaters; and,
WHEREAS, Section 11 -3 -3, Prescribed Regulation Amendment, Vail Town Code, sets forth
the procedures for amending the Town's Sign Regulations; and,
WHEREAS, the Town of Vail Planning and Environmental Commission held a public
hearing on November 22, 2010 on the application to amend the Town's Sign Regulations, in
accordance with the provisions of the Vail Town Code; and,
WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a
recommendation of approval, with modifications, to the Vail Town Council of the request to amend
the Town's Sign Regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's
Sign Regulations is consistent with the applicable elements of the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and is compatible with the development objectives
of the town; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to the Town's
Sign Regulations furthers the general and specific purposes of the sign regulations; and,
WHEREAS, the Vail Town Council finds and determines that the amendment promotes the
health, safety, morals, and general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
SECTION 1. Section 12 -2 -2, Definitions, Vail Town Code, is hereby amended in part as
follows (text to be deleted is in stFikethFeugh, text that is to be added is bold, and sections of
text that are not amended have been omitted):
Theater: An establishment for the rehearsal and presentation of performing
arts and /or the showing of movies or motion pictures.
SECTION 2. Section 11 -2, Definitions, Vail Town Code, is hereby amended in part as
follows (text to be deleted is in stfikethfeugh, text that is to be added is bold, and sections of
text that are not amended have been omitted):
Movie /media rental business: A retail establishment engaged in the sale or
lease of recorded movies, video games, or other forms of electronic media.
Ordinance No. 22, Series of 2010, second reading
Theater: An establishment for the rehearsal and presentation of performing
arts and /or the showing of movies or motion pictures.
SECTION 3. Section 11- 6 -3 -C, Menu Box (SD1 and SD2), Vail Town Code, is hereby
amended in part as follows (text to be deleted is in stFikethFeugh, text that is to be added is
bold, and sections of text that are not amended have been omitted):
1. Number: Each business shall be allowed up to two (2) menu boxes per
business frontage, per subsection C5 of this section.
2. Area: Businesses shall be allowed up to six (6) square feet of menu box area
per business frontage. No single menu box shall exceed six (6) square feet, and
no business frontage shall display more than six (6) square feet of menu box
area.
3. Height: The height of the highest part of the menu box shall not extend more
than six feet (6) from existing grade.
4. Location: Menu boxes shall be displayed on the business frontage.
5. Special Provisions: Menu boxes are allowed only at eating and drinking
establishments for the exclusive display of menus.
Menu boxes for eating and drinking establishments in theaters may be
electronic signs. When used as a menu box, the illumination levels of an
electronic sign must be adjusted to the ambient light conditions and be no
brighter than is necessary for clear and adequate visibility. When used as a
menu box, electronic signs shall not emit light between the hours of eleven
o'clock (11:00) PM and seven o'clock (7:00) AM the following day.
SECTION 4. Section 11 -7 -8, Entertainment Signs, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in stfikethFOUgh, text that is to be added is bold, and
sections of text that are not amended have been omitted):
Theaters and movie /media rental business will be allowed three (3) poster images in
the front window at any one time. The allowable area of each entertainment sign
may be up to eight (8) square feet, subject to design review approval.
Entertainment signs for theaters may be electronic signs. When used as an
entertainment signs, the illumination levels of an electronic sign must be
adjusted to the ambient light conditions and be no brighter than is necessary
for clear and adequate visibility. When used as an entertainment sign,
electronic signs shall not emit light between the hours of eleven o'clock
(11:00) PM and seven o'clock (7:00) AM the following day.
SECTION 5. Section 11 -9 -2, Prohibited Signs, Vail Town Code, is hereby amended in part
as follows (text to be deleted is in str+kethfeegh, text that is to be added is bold, and sections
of text that are not amended have been omitted):
11 -9 -2: Prohibited Signs: Unless otherwise allowed by this title, the following
signs are prohibited within the Town of Vail:
SECTION 6. Sub - section 11- 9 -2 -D, Prohibited Signs, Vail Town Code, is hereby amended
in part as follows (text to be deleted is in s#+kethfeegh, text that is to be added is bold, and
sections of text that are not amended have been omitted):
Ordinance No. 22, Series of 2010, second reading
D. Signs that incorporate projected images, emit any sound
, or involve the use of live animals.
SECTION 7. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Vail Town Council hereby declares it would have passed
this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses
or phrases be declared invalid.
SECTION 8. The Vail Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof. The Council's finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
SECTION 9. The amendment of any provision of the Town Code of Vail as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
SECTION 10. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of December, 2010 and a
public hearing for second reading of this Ordinance set for the 4th day of January, 2011 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 4th day of January, 2011.
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 22, Series of 2010, second reading
Richard D. Cleveland, Mayor
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 24, Series
of 2010, on the Town of Vail's web site, www.vail_ ov.com, on the 22nd day of
December, 2010.
Witness my hand and seal thi%,2,- day of _,2010.
(seal)
ORDINANCE NO. 24
Series of 2010
AN EMERGENCY ORDINANCE AMENDING THE TOWN OF VAIL'S HEALTH
INSURANCE FUND BUDGET FOR 2010; MAKING SUPPLEMENTAL
APPROPRIATIONS THERETO; AND DECLARING AN EMERGENCY.
WHEREAS, contingencies have arisen during the fiscal year 2010 which could
not have been reasonably foreseen or anticipated by the Town Council at the time it
enacted Ordinance No. 19, Series of 2009, adopting the 2010 Budget and Financial Plan
for the Town of Vail, Colorado; and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient
funds are available to discharge the appropriations referred to herein, not otherwise
reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of
Vail; and,
WHEREAS, Section 4.11 of the Charter provides that an ordinance may be
passed as an emergency measure for the preservation of the public property, health,
welfare, peace or safety, upon unanimous vote of all members of the Council present or
a vote of five members of the Council, whichever is less, and
WHEREAS, in order to properly reflect the expenditure as a 2010 transaction and
promptly pay costs, the Town Council finds that it should make certain supplemental
appropriations and budget adjustments as set forth herein.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado,
that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the
Town Council hereby makes the following supplemental appropriations and budget
adjustments for the 2010 Budget and Financial Plan for the Town of Vail, Colorado, and
authorizes the expenditure of said appropriations as follows:
Health Insurance Fund $320,000
2. Due to the immediate need by the Town to pay medical claims in the proper
fiscal year, an emergency exists which requires the immediate passage of this ordinance
as an emergency measure, and it is hereby declared that the approval of this ordinance
Ordinance No. 24, Series 2010
as an emergency measure is necessary for the preservation of the public property,
health, welfare, peace or safety.
3. Pursuant to Section 4.11 of the Charter, this ordinance shall be finally passed on
the date hereof and shall be effective on the date hereof. This ordinance, as adopted by
the Council, shall be numbered and recorded by the Town Clerk of the Town in the
official records of the Town. The ordinance shall be authenticated by signatures of the
Mayor and Town Clerk of the Town, and shall be published within ten days of the date
hereof as required by the Charter.
4. If any part, section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
5. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has
accrued, any duty imposed, any violation that occurred prior to the effective date hereof,
any prosecution commenced, nor any other action or proceedings as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
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 AND FINALLY PASSED AS AN EMERGENCY MEASURE AND
ORDERED PUBLISHED ONCE IN FULL this 21st day of December, 2010.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk