HomeMy WebLinkAbout2014 - Proof of PublicationPROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 1 Series of
2014, on the Town of Vail's web site, www.vailgov.com, on the 8th day of ,
January, 2014.
Witness my hand and seal this day of -171.c, , 2014.
mm agel ��'�•�•'•
Acting Town of Vai Clerk y (tea
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ORDINANCE NO. 1
SERIES 2014
AN ORDINANCE EXTENDING THE TEMPORARY BAN ON
MARIJUANA ESTABLISHMENTS IN THE TOWN, PURSUANT TO THE
NEWLY ENACTED SECTION 16 OF ARTICLE XVIII OF THE
COLORADO CONSTITUTION (AMENDMENT 64)
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, Colorado voters recently passed Amendment 64, which amended
Article XVIII of the Colorado Constitution by the addition of a new section regarding the
personal use and regulation of marijuana; '
WHEREAS, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the
Town may "prohibit the operation of marijuana cultivation facilities, marijuana product
manufacturing facilities, marijuana testing facilities, or retail marijuana stores through
the enactment of an ordinance";
WHEREAS, it is the desire of the Council that Town staff study the effects of
such marijuana establishments, considering the Town's existing land use regulations
and master plan, and thereafter provide information to the Council as to whether such
uses should be permitted at any location in the Town;
WHEREAS, previously, the Town Council had adopted a temporary ban until
January 21, 2014;
WHEREAS, Town staff needs additional time to gather information, to review the
state statutes and regulations, and to study the impacts of marijuana establishments
and the zone districts in which they should be permitted, if at all; and
WHEREAS, during such time, the Council finds and determines that it is the best
interest of the public health, safety and welfare for the Town to extend the temporary
ban on the location or operation of marijuana establishments in the Town until July 31,
2014.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. It is unlawful for any person to operate, cause to be operated, or
permit to be operated in the Town a marijuana establishment, and marijuana
establishments are hereby prohibited at any location in the Town. The Town shall not
Ordinance No 1, Series of2014
accept or process any applications for the operation of marijuana establishments in the
Town.
Section 2. For purposes of this ordinance, the following terms shall have the
following meanings:
a. "Marijuana" means all parts of the plant of the genus cannabis
whether growing or not, the seeds thereof, the resin extracted from any part of
the plant, and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or its resin, including marijuana concentrate,
but excluding industrial hemp, fiber produced from the stalks, oil, or cake made
from the seeds of the plant, sterilized seed of the plant which is incapable of
germination, or the weight of any other ingredient combined with marijuana to
prepare topical or oral administrations, food, drink, or other product.
b. "Marijuana establishment' means and includes a marijuana
cultivation facility, a marijuana testing facility, a marijuana product manufacturing
facility, a retail marijuana store and a marijuana club.
C. "Marijuana cultivation facility" means a facility licensed to cultivate,
prepare, and package marijuana and sell marijuana to retail marijuana stores, to
marijuana product manufacturing facilities, and to other marijuana cultivation
facilities, but not to consumers.
d. "Marijuana testing facility" means a facility licensed to analyze and
certify the safety and potency of marijuana.
e. "Marijuana product manufacturing facility" means a facility licensed
to purchase marijuana; manufacture, prepare and package marijuana products;
and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to retail marijuana stores, but not to consumers.
f. "Retail marijuana store" means a facility licensed to purchase
marijuana from marijuana cultivation facilities or marijuana and marijuana
products from marijuana product manufacturing facilities, or to sell marijuana or
marijuana products to consumers.
g. "Marijuana club" means a place not used for residential purposes
where individuals gather to consume or grow marijuana, regardless of whether
such place calls itself private or public or charges an admission or membership
fee.
Section 3. This ordinance is intended to be temporary in nature, and as such,
this ordinance shall be in effect until July 31, 2014 unless earlier repealed.
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 Council hereby declares it would
Ordinance No 1, Series of 2014 2
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 5. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of January, 2014 and a
public hearing for second reading of this Ordinance set for the 21St day of January,
2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this _ day of , 2014.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
Ordinance No 1, Series of 2014 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. 1 Series of
2014, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of
January, 2014.
Witness my hand and seal thisc�ay of , 2014.
.�Q njseal�)
T mmy Na I Ac ' own of Vail Clerk
ORDINANCE NO. 1
SERIES 2014
AN ORDINANCE EXTENDING THE TEMPORARY BAN ON
MARIJUANA ESTABLISHMENTS IN THE TOWN, PURSUANT TO THE
NEWLY ENACTED SECTION 16 OF ARTICLE XVIII OF THE
COLORADO CONSTITUTION (AMENDMENT 64)
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, Colorado voters recently passed Amendment 64, which amended
Article XVIII of the Colorado Constitution by the addition of a new section regarding the
personal use and regulation of marijuana;
WHEREAS, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the
Town may "prohibit the operation of marijuana cultivation facilities, marijuana product
manufacturing facilities, marijuana testing facilities, or retail marijuana stores through
the enactment of an ordinance";
WHEREAS, it is the desire of the Council that Town staff study the effects of
such marijuana establishments, considering the Town's existing land use regulations
and master plan, and thereafter provide information to the Council as to whether such
uses should be permitted at any location in the Town;
WHEREAS, previously, the Town Council had adopted a temporary ban until
January 21, 2014;
WHEREAS, Town staff needs additional time to gather information, to review the
state statutes and regulations, and to study the impacts of marijuana establishments
and the zone districts in which they should be permitted, if at all; and
WHEREAS, during such time, the Council finds and determines that it is the best
interest of the public health, safety and welfare for the Town to extend the temporary
ban on the location or operation of marijuana establishments in the Town until July 31,
2014.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. It is unlawful for any person to operate, cause to be operated, or
permit to be operated in the Town a marijuana establishment, and marijuana
establishments are hereby prohibited at any location in the Town. The Town shall not
Ordinance No 1, Series of 2014
accept or process any applications for the operation of marijuana establishments in the
Town.
Section 2. For purposes of this ordinance, the following terms shall have the
following meanings:
a. "Marijuana" means all parts of the plant of the genus cannabis
whether growing or not, the seeds thereof, the resin extracted from any part of
the plant, and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or its resin, including marijuana concentrate,
but excluding industrial hemp, fiber produced from the stalks, oil, or cake made
from the seeds of the plant, sterilized seed of the plant which is incapable of
germination, or the weight of any other ingredient combined with marijuana to
prepare topical or oral administrations, food, drink, or other product.
b. "Marijuana establishment" means and includes a marijuana
cultivation facility, a marijuana testing facility, a marijuana product manufacturing
facility, a retail marijuana store and a marijuana club.
C. "Marijuana cultivation facility" means a facility licensed to cultivate,
prepare, and package marijuana and sell marijuana to retail marijuana stores, to
marijuana product manufacturing facilities, and to other marijuana cultivation
facilities, but not to consumers.
d. "Marijuana testing facility" means a facility licensed to analyze and
certify the safety and potency of marijuana.
e. "Marijuana product manufacturing facility" means a facility licensed
to purchase marijuana; manufacture, prepare and package marijuana products;
and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to retail marijuana stores, but not to consumers.
f. "Retail marijuana store" means a facility licensed to purchase
marijuana from marijuana cultivation facilities or marijuana and marijuana
products from marijuana product manufacturing facilities, or to sell marijuana or
marijuana products to consumers.
g. "Marijuana club" means a place not used for residential purposes
where individuals gather to consume or grow marijuana, regardless of whether
such place calls itself private or public or charges an admission or membership
fee.
Section 3. This ordinance is intended to be temporary in nature, and as such,
this ordinance shall be in effect until July 31, 2014 unless earlier repealed.
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 Council hereby declares it would
Ordinance No 1, Series of 2014 2
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 5. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of January, 2014 and a
public hearing for second reading of this Ordinance set for the 21St day of January,
2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21St day of January, 2014.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
Ordinance No 1, Series of 2014 3
RESOLUTION NO. 3
SERIES OF 2014
A RESOLUTION APPROVING THE TRANSFER OF OWNERSHIP OF
THE TIMBER RIDGE PROPERTY FROM THE TIMBER RIDGE
AFFORDABLE HOUSING CORPORATION TO THE TOWN OF VAIL
WHEREAS, the Town of Vail is planning a redevelopment project for Timber
Ridge;
WHEREAS, to accommodate the redevelopment project, the Timber Ridge
Affordable Housing Corporation wishes to transfer the ownership of Timber Ridge to the
Town of Vail by the attached Quitclaim Deed;
WHEREAS, the Timber Ridge property is more particularly described in Exhibit A
to the attached Quitclaim Deed; and
WHEREAS, the Town Council wishes to authorize the Town Manager to execute
all documents necessary for the Town of Vail to accept the transfer of ownership of the
Timber Ridge property from the Timber Ridge Affordable Housing Corporation.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The Town Council hereby finds that it is in the best interest of the
public health, safety and welfare for the Town of Vail to accept ownership of the Timber
Ridge property, more particularly described in Exhibit A to the attached Quitclaim Deed.
Section 2. The Town Council hereby authorizes the Town Manager to execute
all documents necessary to accomplish the transfer of ownership of the Timber Ridge
property from the Timber Ridge Affordable Housing Corporation to the Town of Vail.
INTRODUCED, PASSED AND ADOPTED this 21St day of January, 2014.
Andy P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
1/2212014
S:ILEGAL ADMINIORDINANCE FILE120141RESOLUTION NO. 3, SERIES OF 2014.DOCX
QUITCLAIM DEED
THIS QUITCLAIM DEED is made this day of , 2014, between
the TIMBER RIDGE AFFORDABLE HOUSING CORPORATION, a Colorado non-profit
corporation ("Grantor") whose legal address is 75 South Frontage Road, Vail, Colorado
81657 and the TOWN OF VAIL, COLORADO, a Colorado municipal corporation
("Grantee"), whose legal address is 75 South Frontage Road, Vail, Colorado 81657.
WITNESS, that the Grantor, for and in consideration of the sum of Ten and
No/100ths Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, by these presents does remise, release,
sell and QUITCLAIM unto the Grantee, and the Grantee's successors and assigns
forever, all right, title, interest, claim and demand that Grantor has in and to the
following real property together with any fixtures and improvements thereon, if any, lying
in the County of Eagle, Colorado and state of Colorado, described as follows:
See Exhibit A
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging, or in anywise thereunto
appertaining, and all the estate, right, title, interest and claim, whatsoever, of the
Grantor, either in law or in equity, to the only proper use, benefit and behalf of the
Grantee, and the Grantee's heirs and assigns forever.
IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed on the date
set forth above.
TIMBER RIDGE AFFORDABLE HOUSING
CORPORATION
in
Its:
STATE OF )
ss:
COUNTY OF
The foregoing instrument was acknowledged before me day of
2014, by , as of the
Timber Ridge Affordable Housing Corporation, a Colorado non-profit corporation.
My commission expires:
Notary Public
2
1/22/2014
S:ILEGAL ADMINIORDINANCE FILE120141RESOLUTION NO. 3, SERIES OF 2014.DOCX
Exhibit A
Parcel A: Lion's Ridge Subdivision, Block C, Lots 1, 2, 3, 4, 5 according to the plat
recorded June 8, 1973 in Book 229 at Page 458, County of Eagle, State of Colorado,
and
Parcel B: All rights, title and interest to an Easement in the following described property:
That property described in an Encroachment Easement Agreement filed for record
January 30, 1980 in Book 298 at Page 22, more particularly described as follows: A part
of Lot 6, Resubdivision of Block C Lion's Ridge Subdivision, Eagle County, Colorado, a
subdivision recorded in the Office of the Eagle County, Colorado Clerk and Recorder:
Said part being more particularly described as follows:
Beginning at a point on the westerly line of said Lot 6 whence the southwest corner of
said Lot 6 bears S 370 09' 31" E 40.54 feet;
Thence N 370 09' 31" W on said westerly line 103.01 feet;
Thence departing said westerly line N 410 23' 21" E 7.25 feet;
Thence S 480 36' 39" E 53.16 feet;
Thence S 410 23' 21" W 4.90 feet;
Thence S 480 36' 39" E 47.80 feet;
Thence S 410 23' 21" W 22.80 feet To The Point Of Beginning.
3
1/22/2014
S:ILEGAL ADMINIORDINANCE FILE120141RESOLUTION NO. 3, SERIES OF 2014.DOCX
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 2 Series of
2014, on the Town of Vail's web site, www.vail.gov.com, on the 8th day of ,
January, 2014.
Witness my hand and seal this "� fL day of 2014.
1�C-. S,
amm Nagel
Acting Town of Vail Clerk
ORDINANCE NO.2
SERIES 2014
AN ORDINANCE REPEALING SECTION 1-4-1.0 OF THE VAIL TOWN
CODE AND ENACTING A NEW SECTION 1-4-4 OF THE VAIL TOWN
CODE, CONCERNING RESTITUTION IN MUNICIPAL COURT
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town have been duly
elected and qualified;
WHEREAS, pursuant to its police powers and authority as a home rule
municipality to define the jurisdiction of its municipal court under Article XX, § 6(c) of the
Colorado Constitution, the Town may order restitution in conjunction with misdemeanors
and petty offenses;
WHEREAS, the Town Council finds and declares that crime victims endure
undue suffering and hardship resulting from physical injury, emotional and psychological
injury and loss of property; that persons found guilty of causing such suffering and
hardship should be obligated to make full restitution to those harmed by their
misconduct; that restitution is a mechanism for the rehabilitation of offenders and a
deterrent to future criminality; and that an effective criminal justice system requires
timely restitution to victims and their families to lessen the financial burdens inflicted
upon them, to compensate them for their suffering and hardship, and to preserve the
individual dignity of victims; and
WHEREAS, the Town Council desires to amend the Vail Town Code to ensure
that restitution is properly and timely collected for victims of municipal offenses.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Subsection 1-4-1.0 of the Vail Town Code is hereby repealed in its
entirety.
Section 2. Chapter 4 of Title 1 of the Vail Town Code is hereby amended by
the addition of the following new Section 1-4-4:
1-4-4: RESTITUTION:
A. The purpose of this Section is to provide for and collect full
restitution for victims of those municipal ordinance offenses that are under
the jurisdiction of the Town's municipal court in the most expeditious
manner. It is the intent of the Town Council that restitution be timely
ORDINANCE NO 2 SER/ES OF 2014
ordered, collected, and disbursed to victims, and this Section shall be
liberally construed to accomplish such intent.
B. For purposes of this Section, the following terms shall have the
following meanings:
CONVICTION: A guilty verdict, a plea of guilty or nolo contendere
that is accepted by the municipal court, and a deferred judgment
and sentence which has not been successfully completed, for any
violation of this Code.
PROXIMATELY CAUSED: A cause which in the natural and
probable sequence produced the claimed injury and without which
the claimed injury would not have been sustained.
RESTITUTION: A pecuniary loss suffered by a victim and
proximately caused by a defendant's conduct, including without
limitation: all out of pocket expenses, interest, loss of use of
money, anticipated future expenses, rewards paid by victims,
money advanced by law enforcement agencies, extraordinary
public and private investigative costs, money advanced by a
governmental agency for a service animal, adjustment expenses,
overtime wages for peace officers or other government employees,
operating expenses for equipment such as protective clothing,
costs to remove, clean up, or remediate a place used to
manufacture or attempt to manufacture a controlled substance or
which contains a controlled substance or which contains chemicals;
costs to store, preserve, or test evidence of a controlled substance
violation; and costs incurred to sell and provide for the care of and
provision for an animal disposed of under any applicable animal
cruelty law. "Restitution" does not include damages for physical or
mental pain and suffering, loss of consortium, loss of enjoyment of
life, loss of future earnings, or punitive damages.
VICTIM: A person aggrieved by the conduct of an offender,
including without limitation: a person against whom a violation of
this Code has been perpetrated or attempted; a person harmed by
an offender's conduct in the course of a scheme, conspiracy, or
pattern of criminal activity; a person, including an insurer, who has
suffered losses because of a contractual relationship with a victim;
a victim compensation board that has paid a victim compensation
claim; and if any victim is deceased or incapacitated, the victim's
spouse, parent, legal guardian, natural or adopted child, child living
with the victim, sibling, grandparent, significant other, or other
lawful representative. "Victim" shall not include a person who is
accountable for the crime or a crime arising from the same conduct,
criminal episode, or plan. Any victim under the age of eighteen (18)
ORDINANCE NO 2 SERIES OF 2014 2
is considered incapacitated, unless that person is legally
emancipated or the court orders otherwise.
C. Every order of conviction shall include one or more of the following:
1. An order of a specific amount of restitution to be paid by the
defendant;
2. An order that the defendant is obligated to pay restitution,
but that the specific amount of restitution shall be determined within
ninety one (91) days following the order of conviction, unless good
cause is shown for extending such time period; or
3. A specific finding that no victim suffered a pecuniary loss
and therefore no order for restitution is being ordered.
D. All restitution shall be paid to the Town, which shall distribute the
restitution to the victim(s).
E. The municipal court shall base its order for restitution on
information presented by the prosecuting attorney, who shall compile such
information through victim impact statements or other means to determine
the amount of restitution and the identities of the victims. The municipal
court may not order restitution without a hearing at which the prosecution
must prove the amount of the victim's loss and its causal link to the
defendant's conduct by a preponderance of the evidence, and at which the
defendant may contest those matters.
F. An order for restitution may be increased if additional victims or
additional losses not known to the judge or the prosecuting attorney at the
time the restitution order was entered are later discovered and the final
amount of restitution due has not been set by the court; and decreased
with the consent of the prosecuting attorney and the victim(s) to whom the
restitution is owed or if the defendant has otherwise compensated the
victim(s) for the pecuniary losses suffered.
G. If more than one defendant owes restitution to the same victim for
the same loss, the restitution order shall be a joint and several obligation
of the defendants.
H. Any amount paid to a victim under an order of restitution shall be
set off against any amount later recovered as compensatory damages by
such victim in a civil proceeding.
I. The municipal court shall order restitution concerning only the
portion of the victim's pecuniary loss for which the victim cannot be
compensated under a policy of insurance, self-insurance, an indemnity
agreement, or a risk management fund. The court, in determining the
ORDINANCE NO 2 SERIES OF 2014 3
restitution amount, shall consider whether the defendant or the vehicle
driven by the defendant at the time of the offense was covered by: a
complying policy of insurance or certificate of self-insurance as required
by the laws of the state of Colorado; self-insurance; or any other insurance
or indemnity agreement that would indemnify the defendant for any
damages sustained by the victim. The municipal court may award a victim
restitution for a deductible amount under a policy of insurance.
J. A victim's confidential medical and mental health records in the
possession of the prosecuting attorney shall not be provided to the
defendant, but may be provided to the judge for an in camera review. To
obtain an in camera review of such records, a defendant must show:
That his or her request is not speculative; and
2. That an in camera review is warranted, because such
records may disprove all or part of the prosecuting attorney's
restitution request on the basis that the loss was not proximately
caused by the defendant's conduct, or that such records are
otherwise relevant to the allegations pending against the defendant.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 4. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
ORDINANCE NO 2 SERIES OF 2014 4
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of January, 2014 and a
public hearing for second reading of this Ordinance set for the 21St day of January,
2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this _ day of January, 2014.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
ORDINANCE NO 2 SERIES OF 2014 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. 2 Series of
2014, on the Town of Vail's web site, www.vailaov.com, on the 22nd day of
,January, 2014.
Witness my hand and seal this '-.1-4r4lay of �� , 2014.
(Z�
ammy el
own of er AlltuA-4�r
SE •
AL
.,;
�ORAp9, e,4
ORDINANCE NO. 2
SERIES 2014
AN ORDINANCE REPEALING SECTION 1-4-1.0 OF THE VAIL TOWN
CODE AND ENACTING A NEW SECTION 1-4-4 OF THE VAIL TOWN
CODE, CONCERNING RESTITUTION IN MUNICIPAL COURT
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town have been duly
elected and qualified;
WHEREAS, pursuant to its police powers and authority as a home rule
municipality to define the jurisdiction of its municipal court under Article XX, § 6(c) of the
Colorado Constitution, the Town may order restitution in conjunction with misdemeanors
and petty offenses;
WHEREAS, the Town Council finds and declares that crime victims endure
undue suffering and hardship resulting from physical injury, emotional and psychological
injury and loss of property; that persons found guilty of causing such suffering and
hardship should be obligated to make full restitution to those harmed by their
misconduct; that restitution is a mechanism for the rehabilitation of offenders and a
deterrent to future criminality; and that an effective criminal justice system requires
timely restitution to victims and their families to lessen the financial burdens inflicted
upon them, to compensate them for their suffering and hardship, and to preserve the
individual dignity of victims; and
WHEREAS, the Town Council desires to amend the Vail Town Code to ensure
that restitution is properly and timely collected for victims of municipal offenses.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Subsection 1-4-1.0 of the Vail Town Code is hereby repealed in its
entirety.
Section 2. Chapter 4 of Title 1 of the Vail Town Code is hereby amended by
the addition of the following new Section 1-4-4:
1-4-4: RESTITUTION:
A. The purpose of this Section is to provide for and collect full
restitution for victims of those municipal ordinance offenses that are under
the jurisdiction of the Town's municipal court in the most expeditious
manner. It is the intent of the Town Council that restitution be timely
ORDINANCE NO 2 SERIES OF 2014
ordered, collected, and disbursed to victims, and this Section shall be
liberally construed to accomplish such intent.
B. For purposes of this Section, the following terms shall have the
following meanings:
CONVICTION: A guilty verdict, a plea of guilty or nolo contendere
that is accepted by the municipal court, and a deferred judgment
and sentence which has not been successfully completed, for any
violation of this Code.
PROXIMATELY CAUSED: A cause which in the natural and
probable sequence produced the claimed injury and without which
the claimed injury would not have been sustained.
RESTITUTION: A pecuniary loss suffered by a victim and
proximately caused by a defendant's conduct, including without
limitation: all out of pocket expenses, interest, loss of use of
money, anticipated future expenses, rewards paid by victims,
money advanced by law enforcement agencies, extraordinary
public and private investigative costs, money advanced by a
governmental agency for a service animal, adjustment expenses,
overtime wages for peace officers or other government employees,
operating expenses for equipment such as protective clothing,
costs to remove, clean up, or remediate a place used to
manufacture or attempt to manufacture a controlled substance or
which contains a controlled substance or which contains chemicals;
costs to store, preserve, or test evidence of a controlled substance
violation; and costs incurred to sell and provide for the care of and
provision for an animal disposed of under any applicable animal
cruelty law. "Restitution" does not include damages for physical or
mental pain and suffering, loss of consortium, loss of enjoyment of
life, loss of future earnings, or punitive damages.
VICTIM: A person aggrieved by the conduct of an offender,
including without limitation: a person against whom a violation of
this Code has been perpetrated or attempted; a person harmed by
an offender's conduct in the course of a scheme, conspiracy, or
pattern of criminal activity; a person, including an insurer, who has
suffered losses because of a contractual relationship with a victim;
a victim compensation board that has paid a victim compensation
claim; and if any victim is deceased or incapacitated, the victim's
spouse, parent, legal guardian, natural or adopted child, child living
with the victim, sibling, grandparent, significant other, or other
lawful representative. "Victim" shall not include a person who is
accountable for the crime or a crime arising from the same conduct,
criminal episode, or plan. Any victim under the age of eighteen (18)
ORDINANCE NO 2 SERIES OF 2014 2
is considered incapacitated, unless that person is legally
emancipated or the court orders otherwise.
C. Every order of conviction shall include one or more of the following:
1. An order of a specific amount of restitution to be paid by the
defendant;
2. An order that the defendant is obligated to pay restitution,
but that the specific amount of restitution shall be determined within
ninety one (91) days following the order of conviction, unless good
cause is shown for extending such time period; or
3. A specific finding that no victim suffered a pecuniary loss
and therefore no order for restitution is being ordered.
D. All restitution shall be paid to the Town, which shall distribute the
restitution to the victim(s).
E. The municipal court shall base its order for restitution on
information presented by the prosecuting attorney, who shall compile such
information through victim impact statements or other means to determine
the amount of restitution and the identities of the victims. The municipal
court may not order restitution without a hearing at which the prosecution
must prove the amount of the victim's loss and its causal link to the
defendant's conduct by a preponderance of the evidence, and at which the
defendant may contest those matters.
F. An order for restitution may be increased if additional victims or
additional losses not known to the judge or the prosecuting attorney at the
time the restitution order was entered are later discovered and the final
amount of restitution due has not been set by the court; and decreased
with the consent of the prosecuting attorney and the victim(s) to whom the
restitution is owed or if the defendant has otherwise compensated the
victim(s) for the pecuniary losses suffered.
G. If more than one defendant owes restitution to the same victim for
the same loss, the restitution order shall be a joint and several obligation
of the defendants.
H. Any amount paid to a victim under an order of restitution shall be
set off against any amount later recovered as compensatory damages by
such victim in a civil proceeding.
I. The municipal court shall order restitution concerning only the
portion of the victim's pecuniary loss for which the victim cannot be
compensated under a policy of insurance, self-insurance, an indemnity
agreement, or a risk management fund. The court, in determining the
ORDINANCE NO 2 SERIES OF 2014 3
restitution amount, shall consider whether the defendant or the vehicle
driven by the defendant at the time of the offense was covered by: a
complying policy of insurance or certificate of self-insurance as required
by the laws of the state of Colorado; self-insurance; or any other insurance
or indemnity agreement that would indemnify the defendant for any
damages sustained by the victim. The municipal court may award a victim
restitution for a deductible amount under a policy of insurance.
J. A victim's confidential medical and mental health records in the
possession of the prosecuting attorney shall not be provided to the
defendant, but may be provided to the judge for an in camera review. To
obtain an in camera review of such records, a defendant must show:
That his or her request is not speculative; and
2. That an in camera review is warranted, because such
records may disprove all or part of the prosecuting attorney's
restitution request on the basis that the loss was not proximately
caused by the defendant's conduct, or that such records are
otherwise relevant to the allegations pending against the defendant.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 4. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
ORDINANCE NO 2 SERIES OF 2014 4
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of January, 2014 and a
public hearing for second reading of this Ordinance set for the 21St day of January,
2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21St day of January, 2014.
Andrew P. Daly, Mayor
IU11:63 i
Tammy Nagel, Acting Town Clerk
ORDINANCE NO 2 SERIES OF 2014 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
2014, on the Town of Vail's web site, www.vailgov.com, on the 8th day of ,
January, 2014.
Witness my hand and seal this � � day of U:x , 2014.
Te_mmag Nn,,
Acting Town of Vail Clerk '(4wA
SLi'
• 4L
Oma'••....•••'
n. l pRADO-.
ORDINANCE NO. 3
SERIES 2014
AN ORDINANCE AMENDING SECTION 6-313-2 OF THE VAIL TOWN
CODE REGARDING THE JURISDICTIONAL LIMIT OF LARCENY
OFFENSES IN THE TOWN
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town have been duly
elected and qualified;
WHEREAS, pursuant to its police powers and authority as a home rule
municipality to define the jurisdiction of its municipal court under Article XX, § 6(c) of the
Colorado Constitution, the Town may prosecute misdemeanors and petty offenses;
WHEREAS, traditionally, municipal authority for prosecution of theft crimes has
been concurrent with state prosecution of class 1 misdemeanors;
WHEREAS, the state recently changed the jurisdictional limit of theft crimes from
$1,000 to $2,000; and
WHEREAS, the Town Council desires to amend the Vail Town Code to raise the
jurisdictional limit in the definition of larceny from $1,000 to $2,000.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 6-36-2.A of the Vail Town Code is hereby amended as
follows:
A. Definitions:
LARCENY: To take or exercise control over property of another
having a value of leis than two thousand dollars one-theusapA
dellars ($2,000.00 $4,000.00 without authorization or by threat or
deception; and
1. With the intention to deprive the owner permanently of the
use or benefit of such property; or
2. To knowingly use, conceal or abandon such property in a
manner so as to deprive the owner permanently of its use or
benefit; or
ORDINANCE NO. 3, SERIES OF 2014 1
3. To knowingly demand any consideration for which one is not
legally entitled as a condition of restoring such property to the
owner.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of January, 2014 and a
public hearing for second reading of this Ordinance set for the 21stday of January, 2014,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this _ day of , 2013.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
ORDINANCE NO. 3, SERIES OF 2014 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. 3 Series of
2014, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of
January, 2014.
Witness my hand and seal thi"kday of �c , 2014.
T my Na I OF
Actin own of Vail Cler .� •' Vq!
g _Cf_ �C§ealj l
ORDINANCE NO. 3
SERIES 2014
AN ORDINANCE AMENDING SECTION 6-313-2 OF THE VAIL TOWN
CODE REGARDING THE JURISDICTIONAL LIMIT OF LARCENY
OFFENSES IN THE TOWN
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town have been duly
elected and qualified;
WHEREAS, pursuant to its police powers and authority as a home rule
municipality to define the jurisdiction of its municipal court under Article XX, § 6(c) of the
Colorado Constitution, the Town may prosecute misdemeanors and petty offenses;
WHEREAS, traditionally, municipal authority for prosecution of theft crimes has
been concurrent with state prosecution of class 1 misdemeanors;
WHEREAS, the state recently changed the jurisdictional limit of theft crimes from
$1,000 to $2,000; and
WHEREAS, the Town Council desires to amend the Vail Town Code to raise the
jurisdictional limit in the definition of larceny from $1,000 to $2,000.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 6-313-2.A of the Vail Town Code is hereby amended as
follows:
A. Definitions:
LARCENY: To take or exercise control over property of another
having a value of less than two thousand dollars
dellaFS ($2,000.00 $1,000.00) without authorization or by threat or
deception; and
1. With the intention to deprive the owner permanently of the
use or benefit of such property; or
2. To knowingly use, conceal or abandon such property in a
manner so as to deprive the owner permanently of its use or
benefit; or
ORDINANCE NO. 3, SERIES OF 2014 1
3. To knowingly demand any consideration for which one is not
legally entitled as a condition of restoring such property to the
owner.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of January, 2014 and a
public hearing for second reading of this Ordinance set for the 21Stday of January, 2014,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21St day of January, 2013.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
ORDINANCE NO. 3, SERIES OF 2014 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. 4 Series of
2014, on the Town of Vail's web site, www.vail-gov.com, on the 22nd day of
January, 2014.
Witness my hand and seal this Q,-;' `day of , 2014.
'S,
Ta gel
Acting Town of Vail Clerk
�c
L'
A
ORDINANCE NO. 4
SERIES OF 2014
AN ORDINANCE CREATING THE TIMBER RIDGE ENTERPRISE FUND OF THE TOWN OF
VAIL, COLORADO; MAKING BUDGET ADJUSTMENTS TO THE TIMBER RIDGE
ENTERPRISE FUND OF THE 2014 BUDGET FOR THE TOWN OF VAIL, COLORADO;
AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2014 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
15, Series of 2013, adopting the 2014 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 2013 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
Timber Ridge Enterprise Fund $ 1,406,039
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.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
Ordinance No. 4, Series of 2014
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 21st day of January, 2014, and a public hearing shall be held on this
Ordinance on the 4th day of February, 2014, 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.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
Ordinance No. 4, Series of 2014
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
2014, on the Town of Vail's web site, www.vailqov.com, on the 5th day of
February, 2014.
�s
Witness my hand and seal this S day of , 2014.
mm e
Acting To of ai lerk N OF V (seal)
• i
SEE ASL
'''
ego* 00
ORDINANCE NO.4
SERIES OF 2014
AN ORDINANCE CREATING THE TIMBER RIDGE ENTERPRISE FUND OF THE TOWN OF
VAIL, COLORADO; MAKING BUDGET ADJUSTMENTS TO THE TIMBER RIDGE
ENTERPRISE FUND OF THE 2014 BUDGET FOR THE TOWN OF VAIL, COLORADO;
AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2014 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
15, Series of 2013, adopting the 2014 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 2013 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
Timber Ridge Enterprise Fund $ 1,406,039
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
Ordinance No. 4, Series of 2014
4 J 4
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 21st day of January, 2014, and a public hearing shall be held on this
Ordinance on the 4th day of February, 2014, 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.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th
day of February 2014.
ATTEST:
Tammy Nagel, Acting Town Clerk
Ordinance No. 4, Series of 2014
Andrew P. Daly, Mayor
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
F
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
2014, on the Town of Vail's web site, www.vailgov.com, on the 19th day of
February, 2014.
Witness my hand and seal this day of 2014.
a m gel
Acting Town of VQler (seal)
ORDINANCE NO. 5
SERIES 2014
AN ORDINANCE AMENDING SECTION 6-3C-6 OF THE VAIL TOWN
CODE TO RECONCILE THE TOWN CODE WITH C.R.S. § 18-18-406
CONCERNING PENALTIES FOR THE POSSESSION OF MARIJUANA
WHEREAS, in 2012, Colorado voters passed Amendment 64, which amended
Article XVIII of the Colorado Constitution by the addition of a new § 16 regarding the
personal use and regulation of marijuana;
WHEREAS, Amendment 64 permits the possession, use, display, purchase or
transportation of marijuana accessories and one ounce or less of marijuana by persons
twenty-one (21) years of age and older;
WHEREAS, in light of Amendment 64, the Colorado General Assembly repealed
and reenacted C.R.S. § 18-18-406, which establishes the maximum penalties for the
possession of marijuana, and such changes became effective in October 2013; and
WHEREAS, it is the desire of the Vail Town Council to pass legislation
reconciling the Vail Town Code with C.R.S. § 18-18-406 concerning the penalties for
possession of marijuana.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Subsection C of Section 6-3C-6 of the Vail Town Code is hereby
amended to read as follows:
6-3C-6: Possession of Marijuana, Marijuana Products and
Marijuana Accessories:
C. Penalty:
1. Violations of this Section shall be punishable as set forth in
Title 1, Chapter 4 of this Code, except that a person who possesses not
more than two (2) ounces of marijuana in violation of this Section shall be
punished by a fine of not more than one hundred dollars ($100.00); and
2. It shall be an affirmative defense to a prosecution under this
Section that a person is in possession of a valid registry identification card
authorizing the medicinal use of marijuana issued by the state health
agency, so long as consumption or use does not occur in a public place.
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
Ordinance No. 5, Series of 2014 1
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 18th day of February, 2014 and
a public hearing for second reading of this Ordinance set for the 4th day of March, 2014,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andy P. Daly, Mayor
ATTEST:
Tammy Nagel, Interim Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 4th day of March, 2014.
Andy P. Daly, Mayor
ATTEST:
Tammy Nagel, Interim Town Clerk
Ordinance No. 5, Series of 2014 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
2014, on the Town of Vail's web site, www.vailgov.com, on the 5th day of March,
2014.
Witness my hand and seal this SA — day of , 2014.
��'Tammy
Acting To n of ��.••' (seri
SEAL
ORDINANCE NO. 5
SERIES 2014
AN ORDINANCE AMENDING SECTION 6-3C-6 OF THE VAIL TOWN
CODE TO RECONCILE THE TOWN CODE WITH C.R.S. § 18-18-406
CONCERNING PENALTIES FOR THE POSSESSION OF MARIJUANA
WHEREAS, in 2012, Colorado voters passed Amendment 64, which amended
Article XVIII of the Colorado Constitution by the addition of a new § 16 regarding the
personal use and regulation of marijuana;
WHEREAS, Amendment 64 permits the possession, use, display, purchase or
transportation of marijuana accessories and one ounce or less of marijuana by persons
twenty-one (21) years of age and older;
WHEREAS, in light of Amendment 64, the Colorado General Assembly repealed
and reenacted C.R.S. § 18-18-406, which establishes the maximum penalties for the
possession of marijuana, and such changes became effective in October 2013; and
WHEREAS, it is the desire of the Vail Town Council to pass legislation
reconciling the Vail Town Code with C.R.S. § 18-18-406 concerning the penalties for
possession of marijuana.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Subsection C of Section 6-3C-6 of the Vail Town Code is hereby
amended to read as follows:
6-3C-6: Possession of Marijuana, Marijuana Products and
Marijuana Accessories:
C. Penalty:
1. Violations of this Section shall be punishable as set forth in
Title 1, Chapter 4 of this Code, except that a person who possesses not
more than two (2) ounces of marijuana in violation of this Section shall be
punished by a fine of not more than one hundred dollars ($100.00); and
2. It shall be an affirmative defense to a prosecution under this
Section that a person is in possession of a valid registry identification card
authorizing the medicinal use of marijuana issued by the state health
agency, so long as consumption or use does not occur in a public place.
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
Ordinance No. 5, Series of 2014
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 18th day of February, 2014 and
a public hearing for second reading of this Ordinance set for the 4th day of March, 2014,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Interim Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 4th day of March, 2014.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Interim Town Clerk
Ordinance No. 5, Series of 2014 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. 6 Series of
2014, on the Town of Vail's web site, www.vail.gov.com, on the 19th day of
February, 2014.
l
Witness my hand and seal this L ! e day of '2014.
T/ammy',N—aget-�—��� JAIL
wn of Vail Clerk �F•.••••••••.;• (seal)
O0 'Q
tq
ORDINANCE NO. 6
SERIES 2014
AN ORDINANCE ENACTING TITLE 5, CHAPTER 12, VAIL TOWN CODE,
"RECYCLING REQUIREMENTS", ESTABLISHING REGULATIONS
REGARDING RECYCLING OF DISCARDED MATERIALS BY SOLID WASTE
GENERATORS, AND SERVICES PROVIDED BY SOLID WASTE SERVICES
COMPANIES OPERATING IN THE TOWN OF VAIL AND SETTING FORTH
DETAILS IN REGARDS 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");
WHEREAS, the members of the Town Council of the Town (the "Council') have
been duly elected and qualified;
WHEREAS, Article 5 of the Charter sets forth the procedures for amending the
Vail Town Code;
WHEREAS, the Town of Vail is committed to environmental protection and
stewardship;
WHEREAS, through the adoption of the Environmental Sustainability Strategic
Plan, the Town of Vail has established a goal of reducing the waste going to the landfill by
25 percent by 2019. Increased participation in recycling programs and maximizing
capture rate of recyclables through existing and future programs are necessary to meet
and exceed the recycling goal;
WHEREAS, the current waste diversion rate in Eagle County is between 17 and
19 percent, and the diversion rate in the Town of Vail is approximately 10 percent in the
residential sector and 19 percent in the business sector, below the national average
waste diversion rate of 34.5 percent;
WHEREAS, The Colorado Department of Public Health and Environment
estimates that each person generates approximately 3,150 pounds of waste per year
and a large portion of the disposed materials could be reused, recycled or put to other
beneficial use, resulting in significant resource, energy, and economic savings;
WHEREAS, as the Eagle County landfill reaches permitted capacity, it is
becoming more difficult and expensive to site, permit and develop new landfill capacity;
WHEREAS, through the adoption of the Environmental Sustainability Strategic
Plan, the Town of Vail has also established a goal of reducing community greenhouse
gas emissions by 20 percent by 2020, and diverting waste from the landfill is one of the
most cost effective and efficient ways of reducing greenhouse gas emissions resulting
from landfills and new resource processing;
ZZ
WHEREAS, municipalities are empowered by C.R.S section 30-15-401 (1)(a)(11) to
inspect vehicles proposed to operate in the conduct of business of transporting ashes,
trash, waste, rubbish, garbage, or industrial waste products or any other discarded
materials; and
WHEREAS, Ordinance No. 6, Series 2014, shall be known as "The Community
Wide Recycling Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. TITLE 5, CHAPTER 12, is hereby enacted as follows:
5-12-1: PURPOSE: The purpose of this Chapter is to establish policy and
infrastructure to support recycling in the Town of Vail in order to reduce the town's
impact on the environment and ensure ongoing waste diversion education to
residents and guests.
5-12-2: DEFINITIONS: For the purposes of this Chapter, the following definitions
shall apply:
Base Unit of Refuse: The smallest increment of volume of refuse or solid waste
collection which is no larger than 32 gallons of capacity.
Commercial Customer. Any premises where a commercial, industrial, or
institutional business or enterprise is undertaken, including, without limitation, retail
shops and establishments, eating or drinking establishment, healthcare facilities,
child daycare centers, public and private schools, professional and business offices,
religious institutions, and public buildings and facilities.
Discarded Materials: All putrescible and non—putrescible solid waste discarded
from any residential, multi -family or commercial source including recyclable material.
The term discarded materials shall exclude discarded or abandoned vehicles or
parts thereof, sewage sludge, hazardous waste, materials used for fertilizer and
recyclable material that have been source separated for collection.
Hauler. A registered person or company in the business of collecting, transporting
or disposing of discarded materials for a fee, or for no fee except as described in
Subsection B. of 5-12-3.
Multi -Family Customer. Any residential structure(s) that employs a communal
system for solid waste and or recyclable materials collection.
Non -Attractant: Any substance which does not attract wildlife. Substances that are
considered to attract wildlife include food products, pet food, feed, compost, grain or
salt or materials which formerly contained such items. Office Paper or cardboard that
did not previously contain food are considered non -attractants.
Recycling: The process of separating recyclable materials from refuse and
placement for collection by a hauler for the purpose of such materials being re -used
or reprocessed into new or different materials.
Residential Customer: Any residential structure(s) that does not employ a
dumpster or communal service for solid waste and or recyclable materials collection.
Recyclable Materials: Materials from any commercial, multi -family, or residential
source to be collected separately for the purpose of such materials being
repurposed or reprocessed into new or different materials.
Recycling Facility: A licensed Materials Recovery Facility (MRF) (e.g. the Eagle
County MRF) that accepts and sorts, packages, and otherwise prepares recyclable
materials to be repurposed or reprocessed into new or different materials.
Refuse: As defined in 5-9-2, Vail Town Code. Refuse shall not include recyclable
material.
Solid Waste: All putrescible and non-putrescible waste or refuse, excluding
discarded or abandoned vehicles or parts thereof, sewage sludge, hazardous waste,
materials used for fertilizer and recyclable material that have been source separated
for collection.
Source Separation: The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste for the purposes of
recycling.
5-12-3: HAULER REGISTRATION REQUIREMENT: It shall be unlawful for any
person or company to operate or conduct business as a hauler of residential, multi-
family, or commercial solid waste or recyclable material without first obtaining a
municipal solid waste hauler registration as set forth in this Section.
A. Applicability: 5-12-3 applies to any hauler of solid waste or recyclable
material operating in the Town of Vail.
B. Exceptions: The following persons or entities are not required to obtain a
municipal solid waste collection registration:
1. Any person or their designee who transports to the landfill only the
refuse that person generates
2. A civic, community, benevolent or charitable nonprofit organization
collecting, transporting and marketing recyclables solely for the purpose of
raising funds for a civic, community, benevolent, or charitable event
3. A property owner or agent thereof who transports discarded materials
left by a tenant upon such owner's property, so long as such property owner is
not provided compensation from tenants on a regular basis
om
4. Demolition or construction contractors or landscaping companies that
produce and transport discarded material produced incidentally to the
demolition, construction, or landscaping work
5. Any person who transports only liquid waste (e.g. restaurant grease or
portable toilet waste)
6. The Town of Vail municipal organization and employees thereof, who
transport solid waste, recyclable materials and compostable materials
generated by the municipal organization, public containers, or special events
7. Special event producers, who transport solid waste and recyclable
materials for permitted events
8. Companies that provide special event collection services (e.g.
electronic waste collection, on-site paper shredding)
9. Companies contracted by registered solid waste haulers
C. Registration Process: The Town of Vail Community Development
Department shall set forth the standards for the implementation of the municipal
solid waste hauler registration process including the amount of the registration fees,
the designation of recyclable materials, and the schedule for collecting registration
fees.
1. Proof of Insurance: Upon request, registered municipal solid waste
haulers shall provide proof of general comprehensive liability/ automobile
insurance policy protecting the hauler from all claims for damage to property of
for bodily injury, including death, which may arise from operations under or in
connection with this registration and providing limits of coverage of not less than
five hundred thousand dollars ($500, 000) for bodily injury and property damage
per occurrence or in aggregate.
5-12-4: MUNICIPAL SOLID WASTE HAULER REQUIREMENTS
A. Bi -Annual Reporting Required: All registered municipal solid waste
haulers (the "registrant") shall submit twice yearly reports to the Community
Development Department on the weight (in tons) of Solid Waste and Recyclable
Materials collected within the Town limits of Vail. For loads that contain Solid Waste
or Recyclable Materials originating in part from within the Town limits and in part
from outside the Town limits the reported quantity may be estimated by the
registered hauler but shall use an approved format provided by the Town of Vail
which shall include the use of both the scale tickets and customer route sheets, and
reported as an estimate.
B. Submittal Required: Bi -annual reports shall be submitted on May 1 and
October 1, or on the next business day, using a format approved by the Community
Development Department. All reports shall be treated as confidential commercial
documents under the provisions of the Colorado Open Records Act.
C. Recyclable Material Designation: Except for materials that customers
have not properly prepared for recycling and so are contaminated 25 percent or
more of non -recyclable refuse, haulers may not dispose of recyclable materials set
out by customers by any means other than delivering it to a MRF that sorts,
packages, and otherwise prepares recyclable materials to be repurposed or
reprocessed into new materials.
D. Notice: Haulers of residential, multi -family, or commercial solid waste shall
give each of its customers written notice of all available service options and
corresponding variable rates upon commencement of service. Written notice of the
full range of services including variable rate service, container sizes, and the
recycling service options including the materials that may be recycled shall be
provided to all new customers upon commencing service and all haulers shall
provide notice at least annually to customers on the full range of services, container
sizes, variable rates and recycling options including the materials that may be
recycled. On or before January 31St each year the hauler shall deliver to the
Community Development Department a true and correct copy of the notices sent to
each customer type.
E. Residential Embedded Rates: On residential customer waste bills, haulers
shall combine charges for solid waste and recyclable material collection service and
may not itemize them separately.
F. Residential Volume Based Rates: Haulers shall offer each of its customers
the option to subscribe to different levels of service with different capacities of solid
waste containers, such as 32, 64 and 96 gallon containers/carts, and shall charge
their customers based on this volume of service. For residential source customers,
the base unit of solid waste service shall be no larger than the approximate capacity
equivalent of a 32 gallon container or cart. If a customer does not select a level of
service, the provider shall establish a default minimum level of service that is not
larger than 2 units of service or a single 64 gallon container or cart.
1. Variable Rates: Haulers shall charge variable rates for the corresponding
level of service or units of solid waste collection for residential customers.
a. Haulers shall structure the increments of their variable rate at a
multiple of the base unit of solid waste collection which is no larger than
32 gallons. The second largest increment of solid waste collection shall be
no larger than two times the capacity of the base unit or no larger than 64
gallons, and the third largest increment of solid waste collection shall be
no larger than two times the capacity of the second largest increment of
solid waste collection. Such rate increments shall be equal to 80% or more
of the charges for the base unit of collection (e. g, if $10.00 is applied to a
32 gallon container, a minimum of $18.00 shall be applied to a 64 gallon
container, and a minimum of $32.40 shall be applied to a 96 gallon
container).
b. The provisions of this subsection shall not be construed to
prohibit any hauler from establishing rules and regulations regarding the
safe maximum weight of containers of solid waste and recyclable material
containers.
c. Nothing in this section shall be construed as prohibiting any
hauler from providing separate pricing for special collection of bulky items,
yard waste, contaminated recyclables, unscheduled pick-up or extra
volumes of solid waste or recyclable material, or more than what was
subscribed for with the hauler.
G. Commercial Embedded Rates: On commercial customer account bills,
every solid waste hauler shall combine charges for solid waste and recyclable
material collection service and may not itemize them separately. Haulers shall
provide sufficient recyclable material capacity and frequency service to prevent an
overflow of material.
H. Auditing: A representative of the Town of Vail may audit a registered
municipal solid waste hauler's subscription, billing and other relevant records to
determine whether or not the provider has complied with the provisions of 5-12-4 at
the provider's office located nearest to the Town of Vail during hours that the office is
open for business, on at least five day's written notice.
I. Frequency of Residential Recycling Service: Haulers shall offer each of
their residential customers curbside recyclables collection service at the same
frequency of all other refuse collection, no smaller than 64 gallons capacity of the
designated recyclable materials. All containers are subject to the provisions of
Section 5-9, Vail Town Code, wherein all attractants shall be stored in wildlife
resistant, locked containers. Non -attractants are not required to be stored in wildlife
resistant, locked containers provided they are not mixed with attractants.
J. Container Labels: Haulers shall provide labels or label all solid waste and
recycling material containers indicating what materials are accepted in each
container. The labels shall include pictures and words of the acceptable materials
and be in both English and Spanish.
5-12-5: DESIGNATED RECYCLABLES LIST
A. Designated Recyclables (Collection): The recyclable materials that
haulers are required to pick up shall be set forth in the Town's 'Recyclable Materials
List' which shall be prepared and may be amended as conditions change. The
Recyclable Materials List shall be available for review on the Town's website.
B. Designated Recyclables (Generators): The recyclable materials that
generators are required to source separate from their solid waste shall be set forth in
the Town's 'Recyclable Material List' which shall be prepared and amended as
conditions change. The Recyclable Materials List shall be available for review on the
Town's website.
5-12-6: RECYCLING REQUIREMENTS
A. Placement of Recyclable Materials and Solid Waste for Pick Up:
1. All recyclable materials accumulated on any premises shall be placed in a
container or containers separate from solid waste.
2. Recyclable materials shall not be placed in solid waste containers.
3. No refuse, solid waste, or compost shall be placed in any recycling
container.
4. Nothing in this section is intended to prevent any person from donating or
selling recyclable materials generated on their premises.
B. Requirement for Recycling Service:
1. All recyclable material shall be source separated, stored, and presented for
collection by a registered municipal solid waste hauler.
2. It shall be the duty of any owner or occupant of any premises to ensure that
containers designated for collection or disposal as solid waste do not contain
recyclable materials when such containers are offered for solid waste collection.
3. It shall be the duty of any owner or occupant of any premises to ensure
that they contract for recycling service or otherwise provide service for the
delivery of recycling material to a MRF. The service shall be of an adequate level
to prevent the designated recyclable material containers from overflowing on a
regular basis.
4. The container(s) shall be wildlife resistant, and handled in accordance
with Title 5, Chapter 9, Vail Town Code, employing a latching mechanism on the
access door sufficient to defeat attempts by wildlife to enter.
a. Exception: Recycling containers greater than 20 cubic yards of
capacity.
5. Any owner or occupant of a commercial establishment with solid waste
disposal containers available for customers or guests shall make available a
container for recyclable materials that is of similar size and located in an equally
convenient location.
Om
5-12-7: VIOLATIONS AND ENFORCEMENT
A. Violations (Hauler): It shall be unlawful for haulers to:
1. Fail or refuse to follow the requirements for registration of this chapter or,
2. Aid or abet another in any attempt to evade any requirements imposed by
this chapter.
3. Violation of provisions of the ordinance shall be subject to penalties
according to Section 1-4-1, Vail Town Code.
B. Violations (Generator): It shall be unlawful for any owner or occupant of
any residential, multi -family, or commercial premises to:
1. Fail or refuse to follow the requirements imposed by this chapter
2. Aid or abet another in any attempt to evade any requirements imposed by
this chapter.
3. Violation of provisions of the ordinance shall be subject penalties
according to Section 1-4-1, Vail Town Code.
C. Enforcement: Town of Vail police and code enforcement officers shall have
the authority to issue a warning notice or a summons and complaint to any person in
violation of this chapter.
D. Penalty Assessment: A resident or owner/occupant of a commercial
establishment shall be deemed to have been issued an appropriate notice of
violation if it is personally served upon the resident or owner/occupant, placed in the
U.S. mail, postage prepaid and addressed to the resident or owner/occupant
according to the last known address given by the resident or owner/occupant to any
town of Vail or Eagle County government department. If the identity of the resident is
not known, the entity responsible for payment of refuse removal services for the
subject location will be held responsible for complying with this chapter and for any
penalties assessed pursuant to the same.
Section 7. Effective Date: Ordinance 6, Series 2014, shall be in effect as of
June 1, 2014.
Section 8. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not 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 9. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of
Vail and the inhabitants thereof.
Section 10. 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 11. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN
FULL ON FIRST AND FINAL READING this 18th day of February, 2014 and a public
hearing for second reading of this Ordinance set for the 4th day of March, 2014, in the
Council Chambers of the Vail Municipal Building, Vail Colorado.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON SECOND AND FINAL READING this _ day of , 2014, in the
Council Chambers of the Vail Municipal Building, Vail Colorado.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting 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. 6 Series of
2014, on the Town of Vail's web site, www.vail ov.com, on the 24th day of March,
2014.
Witness my hand and seal this day of , 2014.
r�
i ammyKaq
i
Acting Town f
Vail Cler (seal)
ORDINANCE NO. 6
SERIES 2014
AN ORDINANCE ENACTING TITLE 5, CHAPTER 12, VAIL TOWN CODE,
"RECYCLING REQUIREMENTS", ESTABLISHING REGULATIONS
REGARDING RECYCLING OF DISCARDED MATERIALS BY SOLID WASTE
GENERATORS, AND SERVICES PROVIDED BY SOLID WASTE SERVICES
COMPANIES OPERATING IN THE TOWN OF VAIL AND SETTING FORTH
DETAILS IN REGARDS 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");
WHEREAS, the members of the Town Council of the Town (the "Council') have
been duly elected and qualified;
WHEREAS, Article 5 of the Charter sets forth the procedures for amending the
Vail Town Code;
WHEREAS, the Town of Vail is committed to environmental protection and
stewardship;
WHEREAS, through the adoption of the Environmental Sustainability Strategic
Plan, the Town of Vail has established a goal of reducing the waste going to the landfill by
25 percent by 2019. Increased participation in recycling programs and maximizing
capture rate of recyclables through existing and future programs are necessary to meet
and exceed this recycling goal;
WHEREAS, the current waste diversion rate in Eagle County is between 17 and
19 percent, and the diversion rate in the Town of Vail is approximately 10 percent in the
residential sector and 19 percent in the business sector, below the national average
waste diversion rate of 34.5 percent;
WHEREAS, The Colorado Department of Public Health and Environment
estimates that each person generates approximately 1,642 pounds of waste per year
and a large portion of the disposed materials could be reused, recycled or put to other
beneficial use, resulting in significant resource, energy, and economic savings;
WHEREAS, as the Eagle County landfill reaches permitted capacity, it is
becoming more difficult and expensive to site, permit and develop new landfill capacity;
WHEREAS, through the adoption of the Environmental Sustainability Strategic
Plan, the Town of Vail has also established a goal of reducing community greenhouse
gas emissions by 20 percent by 2020, and diverting waste from the landfill is one of the
most cost effective and efficient ways of reducing greenhouse gas emissions resulting
from landfills and new resource processing;
Page 1
WHEREAS, the Town of Vail is committed to providing technical assistance and
support for recycling planning for community businesses, residents and guests in order to
achieve adopted waste diversion goals; and
WHEREAS, Ordinance No. 6, Series 2014, shall be known as "The Community -
Wide Recycling Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. TITLE 5, CHAPTER 12, is hereby enacted as follows:
5-12-1: PURPOSE: The purpose of this Chapter is to establish policy and
infrastructure to support recycling by all residential, multi -family and commercial
customers and haulers in the Town of Vail in order to reduce the town's impact on
the environment by decreasing waste deposited in the landfill, energy consumed and
carbon emissions, and ensure ongoing waste diversion education in the community.
5-12-2: APPLICABILITY. All residential, multi -family and commercial customers
that contract for solid waste and recycling services shall comply with the provisions
of this Chapter.
5-12-3: DEFINITIONS: For the purposes of this Chapter, the following definitions
shall apply:
Base Unit of Refuse: The smallest increment of volume of refuse or solid waste
collection which is no larger than 32 gallons of capacity.
Commercial Customer. Any commercial, industrial, or institutional business or
enterprise including, without limitation, retail shops and establishments, eating or
drinking establishments, healthcare facilities, child daycare centers, public and
private schools, professional and business offices, religious institutions, and public
buildings and facilities.
Discarded Materials: All putrescible and non—putrescible solid waste discarded
from any residential, multi -family or commercial source including recyclable material.
The term discarded materials shall exclude discarded or abandoned vehicles or
parts thereof, sewage sludge, hazardous waste, materials used for fertilizer and
recyclable material that have been source separated for collection.
Hauler: A registered person or company in the business of collecting, transporting
or disposing of discarded materials for a fee, or for no fee except as described in
Subsection B. of 5-12-3.
Multi -Family Customer. Any residential property that employs a communal system
for solid waste and or recyclable materials collection.
Page 2
Non -Attractant: Any substance which does not attract wildlife. Substances that are
considered to attract wildlife include food products, pet food, feed, compost, grain or
salt or materials which formerly contained such items. Office paper or cardboard that
did not previously contain food are considered non -attractants.
Recycling: The process of separating recyclable materials from refuse and
placement for collection by a hauler for the purpose of such materials being re -used
or reprocessed into new or different materials.
Residential Customer: Any residential property that does not employ a dumpster
or communal service for solid waste and or recyclable materials collection.
Recyclable Materials: Materials from any commercial, multi -family, or residential
source to be collected separately for the purpose of such materials being
repurposed or reprocessed into new or different materials.
Recycling Facility: A licensed Materials Recovery Facility (MRF) (e.g. the Eagle
County MRF) that accepts and sorts, packages, and otherwise prepares recyclable
materials to be repurposed or reprocessed into new or different materials.
Refuse: As defined in 5-9-2, Vail Town Code. Refuse shall not include recyclable
material.
Solid Waste: All putrescible (i.e. containing organic matter) and non-putrescible
waste or refuse, excluding discarded or abandoned vehicles or parts thereof,
sewage sludge, hazardous waste, materials used for fertilizer and recyclable
material that have been source separated for collection.
Source Separation: The process by which recyclable materials are separated at
the point of generation by the generator thereof from solid waste for the purposes of
recycling.
5-12-4: HAULER REGISTRATION REQUIREMENT: It shall be unlawful for any
person or company to operate or conduct business as a hauler of residential, multi-
family, or commercial solid waste or recyclable material without first obtaining a
municipal solid waste hauler registration as set forth in this Section.
A. Applicability: 5-12-3 applies to any hauler of solid waste or recyclable
material operating in the Town of Vail.
B. Exceptions: The following persons or entities are not required to obtain a
municipal solid waste hauler registration:
1. Any person or their designee who transports to the landfill only the
refuse that person generates.
Page 3
2. A civic, community, benevolent or charitable nonprofit organization
collecting, transporting and marketing recyclables solely for the purpose of
raising funds for a civic, community, benevolent, or charitable event.
3. A property owner or agent thereof who transports discarded materials
left by a tenant upon such owner's property, so long as such property owner is
not provided compensation for the waste hauling services from tenants on a
regular basis.
4. Demolition or construction contractors or landscaping companies that
produce and transport discarded material produced incidentally to the
demolition, construction, or landscaping work.
5. Any person who transports only liquid waste (e.g. restaurant grease or
portable toilet waste).
6. The Town of Vail municipal organization and employees thereof, who
transport solid waste, recyclable materials and compostable materials
generated by the municipal organization, public containers, or special events
7. Special event producers, who transport solid waste and recyclable
materials for permitted events.
8. Companies that provide special event collection services (e.g.
electronic waste collection, on-site paper shredding).
9. Companies contracted by registered solid waste haulers.
C. Registration Process: The Town of Vail Community Development
Department shall set forth the standards for the implementation of the municipal
solid waste hauler registration process including the amount of the registration fees,
the designation of recyclable materials, and the schedule for collecting registration
fees.
1. Proof of Insurance: Upon request, registered haulers shall provide
proof of general comprehensive liability/ automobile insurance protecting the
hauler from all claims for damage to property or for bodily injury, including death,
which may arise from operations under or in connection with this registration and
providing limits of coverage of not less than five hundred thousand dollars
($500, 000) for bodily injury and property damage per occurrence or in aggregate.
5-12-5: MUNICIPAL SOLID WASTE HAULER REQUIREMENTS
A. Bi -Annual Reporting Required. All registered haulers (the "registrant")
shall submit twice yearly reports to the Community Development Department on the
weight (in tons) of solid waste and recyclable materials collected within the Vail town
limits. For loads that contain solid waste or recyclable materials originating in part
from within the town limits and in part from outside the town limits the reported
quantity may be estimated by the registered hauler but shall use a format approved
by the Community Development Department which shall include the use of both the
scale tickets and customer route sheets, and reported as an estimate.
B. Submittal Required: Bi -annual reports shall be submitted on May 1 and
October 1, or on the next business day, using a format approved by the Community
Page 4
Development Department. All reports shall be treated as confidential commercial
documents under the provisions of the Colorado Open Records Act.
C. Recyclable Material Designation: Haulers may not dispose of recyclable
materials set out by customers by any means other than delivering it to a MRF that
sorts, packages, and otherwise prepares recyclable materials to be repurposed or
reprocessed into new materials, except for materials that customers have not
properly prepared for recycling and as a result are contaminated 25 percent or more
with non -recyclable refuse.
D. Notice: Haulers of residential, multi -family, or commercial solid waste shall
give each of its customers written notice of all available service options and
corresponding variable rates ranges upon commencement of service. Written notice
of the full range of services including variable rate service, container sizes, and the
recycling service options including the materials that must be recycled shall be
provided to all new customers upon commencing service and all haulers shall
provide notice at least annually to customers on the full range of services, container
sizes, variable rate ranges for each level of service and recycling options including
the materials that may be recycled. On or before January 31St each year the hauler
shall deliver to the Community Development Department a true and correct copy of
the notices sent to each customer type.
E. Residential Embedded Rates: On residential customer waste bills, haulers
shall combine charges for solid waste and recyclable material collection service and
shall not itemize them separately.
F. Residential Volume Based Rates: Haulers shall offer each of its customers
the option to subscribe to different levels of service with different capacities of solid
waste containers, such as 32, 64 and 96 gallon containers/carts, and shall charge
their customers based on this volume of service. For residential source customers,
the base unit of solid waste service shall be no larger than the approximate capacity
equivalent of a 32 gallon container or cart. If a customer does not select a level of
service, the provider shall establish a default minimum level of service that is not
larger than 2 units of service or a single 64 gallon container or cart.
1. Variable Rates: Haulers shall charge variable rates for the corresponding
level of service or units of solid waste collection for residential customers.
a. Haulers shall structure the increments of their variable rate at a
multiple of the base unit of solid waste collection which is no larger than
32 gallons. The second largest increment of solid waste collection shall be
no larger than two times the capacity of the base unit or no larger than 64
gallons, and the third largest increment of solid waste collection shall be
no larger than two times the capacity of the second largest increment of
solid waste collection. Such rate increments shall be equal to 80% or more
of the charges for the base unit of collection (e.g., if $10.00 is applied to a
32 gallon container, a minimum of $18.00 shall be applied to a 64 gallon
Page 5
container, and a minimum of $32.40 shall be applied to a 96 gallon
container).
b. The provisions of this subsection shall not be construed to
prohibit any hauler from establishing rules and regulations regarding the
safe maximum weight of containers of solid waste and recyclable material
containers.
c. Nothing in this section shall be construed as prohibiting any
hauler from providing separate pricing for special collection of bulky items,
yard waste, contaminated recyclables, unscheduled pick-up or extra
volumes of solid waste or recyclable material, or more than what was
subscribed for with the hauler.
G. Commercial Embedded Rates: On commercial customer account bills,
every hauler shall combine charges for solid waste and recyclable material collection
service and shall not itemize them separately. Haulers shall provide sufficient
recyclable material capacity and frequency service to prevent an overflow of
material.
H. Auditing: A representative of the Town of Vail may audit a registered
hauler's subscription, billing and other relevant records to determine whether or not
the provider has complied with the provisions of 5-12-4 at the provider's office
located nearest to the Town of Vail during hours that the office is open for business,
on at least five day's written notice.
L Frequency of Residential Recycling Service: Haulers shall offer each of
their residential customers' curbside recyclables collection service at the same
frequency of all other refuse collection, no smaller than 64 gallons capacity of the
designated recyclable materials. All containers are subject to the provisions of
Section 5-9, Vail Town Code, wherein all attractants shall be stored in wildlife
resistant, locked containers. Non -attractants are not required to be stored in wildlife
resistant, locked containers provided they are not mixed with attractants.
J. Containers and Labeling: Recycling containers shall be clearly
distinguishable from solid waste containers. Haulers shall provide labels or label all
solid waste and recycling containers indicating which materials are accepted in each
container. The labels shall include pictures and words of the acceptable materials
and be in both English and Spanish.
5-12-6: DESIGNATED RECYCLABLES LIST
A. Designated Recyclables (Collection): The recyclable materials that
haulers are required to pick up shall be set forth in the Town's Recyclable Materials
List which shall be prepared and may be amended as conditions change. The
Recyclable Materials List shall be available for review on the Town's website.
Page 6
B. Designated Recyclables (Generators): The recyclable materials that
generators are required to source separate from their solid waste shall be set forth in
the Town's Recyclable Material List which shall be prepared and amended as
conditions change. The Recyclable Materials List shall be available for review on the
Town's website.
5-12-7: RECYCLING REQUIREMENTS
A. Placement of Recyclable Materials and Solid Waste for Pick Up:
1. All recyclable materials accumulated on any premises shall be placed in a
container or containers separate from solid waste.
2. Recyclable materials shall not be placed in solid waste containers.
3. No refuse, solid waste, or compost shall be placed in any recycling
container.
4. Nothing in this section is intended to prevent any person from donating or
selling recyclable materials generated on their premises.
B. Requirement for Recycling Service:
1. All recyclable material shall be source separated, stored, and presented for
collection by a registered municipal solid waste hauler.
2. It shall be the duty of any owner or occupant of any premises to ensure that
containers designated for collection or disposal as solid waste do not contain
recyclable materials when such containers are offered for solid waste collection.
3. It shall be the duty of any owner or occupant of any premises to ensure
that they contract for recycling service or otherwise provide service for the
delivery of recycling material to a MRF. The service shall be of an adequate level
to prevent the designated recyclable material containers from overflowing on a
regular basis.
4. All recycling container(s) shall be wildlife resistant, and handled in
accordance with Title 5, Chapter 9, Vail Town Code, employing a latching
mechanism on the access door sufficient to defeat attempts by wildlife to enter.
This provision does not apply to recycling containers greater than 20 cubic yards
of capacity.
5. Any owner or occupant of a commercial establishment with solid waste
disposal containers available for customers or guests shall make available a
container for recyclable materials that is of similar size and located in an equally
convenient location.
Page 7
5-12-8: VIOLATIONS AND ENFORCEMENT
Violation of provisions of this Chapter shall be subject to fines, penalty assessments
or penalties according to Section 1-4-1, Vail Town Code, in the same manner as
violations for depositing, throwing or leaving any refuse on any public or private
property or on any water or watercourse (Section 5-2-8).
A. Violations (Hauler): It shall be unlawful for haulers to:
1. Fail or refuse to follow the requirements for registration of this chapter or,
2. Aid or abet another in any attempt to evade any requirements imposed by
this chapter.
B. Violations (Generator): It shall be unlawful for any owner or occupant of
any residential, multi -family, or commercial premises to:
1. Fail or refuse to follow the requirements imposed by this chapter
2. Aid or abet another in any attempt to evade any requirements imposed by
this chapter.
C. Enforcement: Town of Vail police and code enforcement officers shall have
the authority to issue a warning notice, a penalty assessment or a summons and
complaint to any person in violation of this chapter.
D. Penalty Assessment: A resident or owner/occupant of a commercial
establishment shall be deemed to have been issued an appropriate penalty
assessment notice if it is personally served upon the resident or owner/occupant,
placed in the U.S. mail, postage prepaid and addressed to the resident or
owner/occupant according to the last known address given by the resident or
owner/occupant to any Town of Vail or Eagle County government department. If the
identity of the resident is not known, the entity responsible for contracting and or
payment of solid waste and or recyclable materials collection services for the subject
location will be held responsible for complying with this chapter and for any penalties
assessed pursuant to the same.
E. Exemption: Unless otherwise exempted all customers shall comply with the
provisions of this Chapter. Upon application to the Town of Vail and demonstration
of an inability to comply with this Chapter, the Planning and Environmental
Commission may grant an exemption for a period of time not to exceed 24 months
with which to comply with the provisions of this Chapter. Prior to granting an
exemption to the provisions of this Chapter, the Planning and Environmental
Commission shall find that the request is warranted for at least one of the following
reasons:
Page 8
1. Costs considerations including but not limited to: unreasonable hauling
costs, or unreasonable renovation and or unreasonable retrofitting
expense.
2. Physical limitations including but not limited to: size, shape or dimensions
of a site or structure, or location of an existing structure thereon,
topographic or physical conditions on the site in the immediate vicinity.
3. Operational considerations including but not limited to: hours of operation,
staffing, proximity to recycling facilities, implementation schedule.
4. Conflicts with adopted regulations including but not limited to: land use
regulations, building/fire code regulations.
Section 7. Effective Date: Ordinance 6, Series 2014, shall be in effect as of
July 1, 2014.
Section 8. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not 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 9. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of
Vail and the inhabitants thereof.
Section 10. 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 11. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
Page 9
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN
FULL ON FIRST AND FINAL READING this 18th day of February, 2014 and a public
hearing for second reading of this Ordinance set for the 4th day of March, 2014, in the
Council Chambers of the Vail Municipal Building, Vail Colorado.
Andrew P. Daly, Mayor
F_U1*11
Tammy Nagel, Acting Town Clerk
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON SECOND AND FINAL READING this 18th day of March, 2014, in
the Council Chambers of the Vail Municipal Building, Vail Colorado.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
Page 10
r
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
2014, on the Town of Vail's web site, www.vailgov.com, on the 19th day of March,
2014.
Witness my hand and seal this I �1� day of , 2014.
Tammy*own
On ��
ORDINANCE NO. 8
SERIES OF 2014
AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO
SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-2-2:
DEFINITIONS OF WORDS AND TERMS PERTAINING TO COMMERCIAL SKI STORAGE
AND THE DELINEATION OF DIFFERENT FLOORS OR LEVELS WITHIN A STRUCTURE,
AND TO AMEND ARTICLES 12-76, 12-7H, 12-71 AND 12-8E REPLACING THE TERM
"COMMERCIAL SKI STORAGE" WITH "COMMERCIAL SKI STORAGE/SKI CLUB", 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 Town duly existing under the Constitution and laws of the State of
Colorado and its home rule charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified;
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures
for amending the Town's Zoning Regulations;
WHEREAS, the existing term "Commercial Ski Storage" no longer accurately
encompasses the types and operational characteristics of this use;
WHEREAS, it is necessary to define a new term, ""Commercial Ski Storage/Ski Club"
that will accurately define the range of operations included in this use;
WHEREAS, it is necessary to replace "Commercial Ski Storage" with "Commercial Ski
Storage/Ski Club" in those zone districts where it is an allowable use;
WHEREAS, the delineation of a structure into levels or floors is essential for the
application of horizontal zoning;
WHEREAS, the Town Council is committed to clarifying how a determination of floor
level is made while maintaining the success of existing and future businesses within the
Town of Vail;
WHEREAS, it is not the intent of this ordinance to create non -conforming uses as a
result of the clarifications to the definitions of floor levels;
WHEREAS, the Community Development Department is committed to making the
Town Code easily understood;
WHERAS, from time to time is it necessary and prudent to update the Town Code;
WHEREAS, on February 24, 2014, the Town of Vail Planning and Environmental
Commission forwarded a recommendation of approval to the Vail Town Council for the
amendment;
Ordinance No. 8, Series 2014
_1_
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, shall be amended 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):
BASEMENT OR GARDEN LEVEL: For the purposes of implementing horizontal zoning
, basement or garden level shall be any floor, or portion of any
floor, of a structure located substanga#y below the first floor or street level of that structure,
as determined by the administrator. More than one floor, or portions of a floor or floors, may
be defined as basement or garden level within a single structure. For the purposes of
determining floor level, the following factors may be considered; site topography,
location of building entrances and facades relative to the adjacent vehicular or
pedestrian ways, interior building layout, proximity to adjacent vehicular or pedestrian
ways and relationships to other floors in the structure.
COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards,
boots and poles) and/or clothing used in skiing related sports, which is available to
the public or members, operated by a business, club or government organization, and
where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use
may have, but does not require, the following components:
• Personal lockers
• Boot dryers
• Ski storage racks
• Ski tuning
• Food and beverage service
• Areas for congregation
and/or socializing
• Restrooms and/or shower
facilities
• Non -winter activities
• Concierge ski services
• Retail sales
• Business Center
Ski storage that is within a lodge, or dwelling unit, in which a fee is not charged, is not
considered commercial ski storage/ski club.
FIRST FLOOR OR STREET LEVEL: For the purposes of implementing horizontal zoning
, 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
portions of a floor or floors, may be defined as basement or garden level within a single
Ordinance No. 8, Series 2014
-2-
. - .
.......... ..........
COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards,
boots and poles) and/or clothing used in skiing related sports, which is available to
the public or members, operated by a business, club or government organization, and
where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use
may have, but does not require, the following components:
• Personal lockers
• Boot dryers
• Ski storage racks
• Ski tuning
• Food and beverage service
• Areas for congregation
and/or socializing
• Restrooms and/or shower
facilities
• Non -winter activities
• Concierge ski services
• Retail sales
• Business Center
Ski storage that is within a lodge, or dwelling unit, in which a fee is not charged, is not
considered commercial ski storage/ski club.
FIRST FLOOR OR STREET LEVEL: For the purposes of implementing horizontal zoning
, 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
portions of a floor or floors, may be defined as basement or garden level within a single
Ordinance No. 8, Series 2014
-2-
structure. For the purposes of determining floor level, the following factors may be
considered, site topography, location of building entrances and facades relative to the
adjacent vehicular or pedestrian ways, interior building layout, proximity to adjacent
vehicular or pedestrian ways and relationships to other floors in the structure.
Section 2. Section 12-7B-2, Permitted and Conditional Uses; Basement or Garden Level,
(CC1 District) Vail Town Code, shall be amended 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):
A. Permitted Uses: The following uses shall be permitted in basement or garden levels within
a structure:
2. Personal services and repair shops, including the following:
Beauty and barber shops.
Commercial Ski Storage/Ski Club
Small appliance repair shops.
Tailors and dressmakers.
Travel and ticket agencies.
Section 3. Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level,
(LMU-1 District) Vail Town Code, shall be amended as follows (text to be deleted is in
Vie, text that is to be added is bold, and sections of text that are not amended
have been omitted):
A. Permitted Uses: The following uses shall be permitted in basement or garden levels within
a structure:
Banks and financial institutions.
Child daycare centers.
Commercial Ski Storage/Ski Club
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Ordinance No. 8, Series 2014
-2-
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Additional uses determined to be similar to permitted uses described in this subsection, in
accordance with the provisions of section 12-3-4 of this title.
Section 4. Section 12-71-2, Permitted and Conditional Uses; Basement or Garden Level,
(LMU-2 District) Vail Town Code, shall be amended as follows (text to be deleted is in
strikethFowo, text that is to be added is bold, and sections of text that are not amended
have been omitted):
A. Permitted Uses: The following uses shall be permitted in basement or garden levels
within a structure:
Banks and financial institutions.
Child daycare centers.
Commercial Ski Storage/Ski Club
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
Ordinance No. 8, Series 2014
-3-
Travel and ticket agencies.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
Section 5. Section 12-8E-2, Permitted Uses; (SBR2 District) Vail Town Code, shall be
amended as follows (text to be deleted is in stFikethmugh, text that is to be added is bold,
and sections of text that are not amended have been omitted):
The following uses shall be permitted within the ski base/recreation 2 district:
Eating and drinking establishments including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shop.
Fountains and sandwich shops.
Restaurants.
Employee housing units, as further regulated by chapter 13 of this title.
Lodges.
Private or public off street loading facilities.
Private or public off street vehicle parking structures.
Public parks and outdoor recreation facilities.
Residential uses including the following:
Accommodation units.
Multi -family residential dwelling units.
Single-family residential dwelling units.
Two-family residential dwelling units.
Ski base oriented uses including the following:
Ordinance No. 8, Series 2014
-4-
Commercial Ski Storage/Ski Club on the basement or garden level of a building.
Retail stores and establishments.
Ski lifts and tows.
Ski patrol facilities.
Ski racing facilities.
Ski school facilities.
Ski trails.
Skier and guest services including, but not limited to, uses such as basket rental,
lockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity
desk.
Snowmaking facilities.
Special community events, including, but not limited to, ski races, festivals, concerts,
and recreational, cultural and educational programs and associated
improvements/facilities, subject to the issuance of a special events license.
Section 6. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town Council
finds and determines the follows:
a. The amendments are consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and are compatible with the
development objectives of the town;
b. The amendments further the general and specific purposes of the Zoning
Regulations; and,
c. The amendments promote the health, safety, morals, and general welfare of the town
and promotes the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a resort
and residential community of the highest quality.
d. This ordinance is necessary and proper for the health, safety and welfare of the
Town of Vail and the inhabitants thereof.
Section 7. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof.
Ordinance No. 8, Series 2014
-5-
r .
Section 8. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not 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 9. 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 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 18th day of March, 2014, and a public
hearing for second reading of this Ordinance set for the 1 st day of April, 2014, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Tammy Nagel, Acting Town Clerk
Ordinance No. 8, Series 2014
Andrew P. Daly, Mayor
aM.
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
2014, on the Town of Vail's web site, www.vail-gov.com, on the 2nd day of April,
2014.
Witness my hand and seal this zv2 day of , 2014.
Tmy Nage
A of Vail Cler (seal)
ORDINANCE NO.8
SERIES OF 2014
AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO
SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-2-2:
DEFINITIONS OF WORDS AND TERMS PERTAINING TO COMMERCIAL SKI STORAGE
AND THE DELINEATION OF DIFFERENT FLOORS OR LEVELS WITHIN A STRUCTURE,
AND TO AMEND ARTICLES 12-713, 12-7H, 12-71 AND 12-8E REPLACING THE TERM
"COMMERCIAL SKI STORAGE" WITH "COMMERCIAL SKI STORAGE/SKI CLUB", 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 Town duly existing under the Constitution and laws of the State of
Colorado and its home rule charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified;
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures
for amending the Town's Zoning Regulations;
WHEREAS, the existing term "Commercial Ski Storage" no longer accurately
encompasses the types and operational characteristics of this use;
WHEREAS, it is necessary to define a new term, "Commercial Ski Storage/Ski Club"
that will accurately define the range of operations included in this use;
WHEREAS, it is necessary to replace "Commercial Ski Storage" with "Commercial Ski
Storage/Ski Club" in those zone districts where it is an allowable use;
WHEREAS, the delineation of a structure into levels or floors is essential for the
application of horizontal zoning;
WHEREAS, the Town Council is committed to clarifying how a determination of floor
level is made while maintaining the success of existing and future businesses within the
Town of Vail;
WHEREAS, it is not the intent of this ordinance to create non -conforming uses as a
result of the clarifications to the definitions of floor levels;
WHEREAS, the Community Development Department is committed to making the
Town Code easily understood;
WHERAS, from time to time is it necessary and prudent to update the Town Code;
WHEREAS, on February 24, 2014, the Town of Vail Planning and Environmental
Commission forwarded a recommendation of approval to the Vail Town Council for the
amendment;
Ordinance No. S, Series 2014
-1-
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, shall be amended as follows
(text to be deleted is in dough, text that is to be added is bold, and sections of text that
are not amended have been omitted):
BASEMENT OR GARDEN LEVEL: For the purposes of implementing horizontal zoning Whin
basement or garden level shall be any floor, or portion of any floor, of a
structure located below the first floor or street level of that structure, as
determined by the administrator. More than one floor, or portions of a floor or floors, may be
defined as basement or garden level within a single structure. For the purposes of
determining floor level, the following factors may be considered; site topography,
location of building entrances and facades relative to the adjacent vehicular or
pedestrian ways, interior building layout, proximity to adjacent vehicular or pedestrian
ways and relationships to other floors in the structure.
COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards,
boots and poles) and/or clothing used in skiing related sports, which is available to the
public or members, operated by a business, club or government organization, and
where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use
may have, but does not require, the following components:
• Personal lockers
• Boot dryers
• Ski storage racks
• Ski tuning
• Food and beverage service
• Areas for congregation
and/or socializing
• Restrooms and/or shower
facilities
• Non -winter activities
• Concierge ski services
• Retail sales
• Business Center
Ski storage that is within a lodge, or dwelling unit, in which a fee is not charged, is not
considered commercial ski storage/ski club.
FIRST FLOOR OR STREET LEVEL: For the purposes of implementing horizontal zoning
, 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
portions of a floor or floors, may be defined as first floor or street level within a single
Ordinance No. 8, Series 2014
-2-
._ .
m:e
I : :
COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards,
boots and poles) and/or clothing used in skiing related sports, which is available to the
public or members, operated by a business, club or government organization, and
where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use
may have, but does not require, the following components:
• Personal lockers
• Boot dryers
• Ski storage racks
• Ski tuning
• Food and beverage service
• Areas for congregation
and/or socializing
• Restrooms and/or shower
facilities
• Non -winter activities
• Concierge ski services
• Retail sales
• Business Center
Ski storage that is within a lodge, or dwelling unit, in which a fee is not charged, is not
considered commercial ski storage/ski club.
FIRST FLOOR OR STREET LEVEL: For the purposes of implementing horizontal zoning
, 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
portions of a floor or floors, may be defined as first floor or street level within a single
Ordinance No. 8, Series 2014
-2-
structure. For the purposes of determining floor level, the following factors may be
considered; site topography, location of building entrances and facades relative to the
adjacent vehicular or pedestrian ways, interior building layout, proximity to adjacent
vehicular or pedestrian ways and relationships to other floors in the structure.
Section 2. Section 12-7B-2, Permitted and Conditional Uses; Basement or Garden Level,
(CC1 District) Vail Town Code, shall be amended as follows (text to be deleted is in
str+kethFGUql}, text that is to be added is bold, and sections of text that are not amended have
been omitted):
A. Permitted Uses: The following uses shall be permitted in basement or garden levels within
a structure:
2. Personal services and repair shops, including the following:
Beauty and barber shops.
Commercial Ski Storage/Ski Club
Small appliance repair shops.
Tailors and dressmakers.
Travel and ticket agencies.
Section 3. Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level,
(LMU-1 District) Vail Town Code, shall be amended 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):
A. Permitted Uses: The following uses shall be permitted in basement or garden levels within
a structure:
Banks and financial institutions.
Child daycare centers.
Commercial Ski Storage/Ski Club
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Ordinance No. 8, Series 2014
-2-
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Additional uses determined to be similar to permitted uses described in this subsection, in
accordance with the provisions of section 12-3-4 of this title.
Section 4. Section 12-71-2, Permitted and Conditional Uses; Basement or Garden Level,
(LMU-2 District) Vail Town Code, shall be amended as follows (text to be deleted is in
s#Fikethrough, text that is to be added is bold, and sections of text that are not amended have
been omitted):
A. Permitted Uses: The following uses shall be permitted in basement or garden levels
within a structure:
Banks and financial institutions.
Child daycare centers.
Commercial Ski Storage/Ski Club
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
Ordinance No. 8, Series 2014
-3-
Travel and ticket agencies.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
Section 5. Section 12-8E-2, Permitted Uses; (SBR2 District) Vail Town Code, shall be
amended as follows (text to be deleted is in r_,tFikethFeugl4, text that is to be added is bold,
and sections of text that are not amended have been omitted):
The following uses shall be permitted within the ski base/recreation 2 district:
Eating and drinking establishments including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shop.
Fountains and sandwich shops.
Restaurants.
Employee housing units, as further regulated by chapter 13 of this title.
Lodges.
Private or public off street loading facilities.
Private or public off street vehicle parking structures.
Public parks and outdoor recreation facilities.
Residential uses including the following:
Accommodation units.
Multi -family residential dwelling units.
Single-family residential dwelling units.
Two-family residential dwelling units.
Ski base oriented uses including the following:
Ordinance No. 8, Series 2014
-4-
Commercial Ski Storage/Ski Club on the basement or garden level of a building.
Retail stores and establishments.
Ski lifts and tows.
Ski patrol facilities.
Ski racing facilities.
Ski school facilities.
Ski trails.
Skier and guest services including, but not limited to, uses such as basket rental,
lockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity
desk.
Snowmaking facilities.
Special community events, including, but not limited to, ski races, festivals, concerts,
and recreational, cultural and educational programs and associated
improvements/facilities, subject to the issuance of a special events license.
Section 6. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town Council
finds and determines the follows:
a. The amendments are consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and are compatible with the
development objectives of the town;
b. The amendments further the general and specific purposes of the Zoning
Regulations; and,
c. The amendments promote the health, safety, morals, and general welfare of the town
and promotes the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a resort
and residential community of the highest quality.
d. This ordinance is necessary and proper for the health, safety and welfare of the Town
of Vail and the inhabitants thereof.
Section 7. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
Ordinance No. 8, Series 2014
-5-
the inhabitants thereof.
Section 8. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not 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 9. 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 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 18th day of March, 2014, and a public
hearing for second reading of this Ordinance set for the 1St day of April, 2014, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON SECOND AND FINAL READING this 1sth day of April, 2014, in the Council Chambers
of the Vail Municipal Building, Vail Colorado.
ATTEST:
Tammy Nagel, Acting Town Clerk
Ordinance No. 8, Series 2014
Andrew P. Daly, Mayor
M
PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 9 Series of
2014, on the Town of Vail's web site, www.vailgov.com, on the 19th day of March,
2014.
s
Witness my hand and seal this day of MGA , 2014.
Tam Na
Actin ail T
ORDINANCE NO. 9
SERIES OF 2014
AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT
TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A
REZONING OF:
1. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 7 AKA VAIL ROWHOUSE UNIT 7
2. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 8 AKA VAIL ROWHOUSE UNIT 8
3. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 9 AKA VAIL ROWHOUSE UNIT 9
4. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 10 AKA VAIL ROWHOUSE UNIT 10
5. TOWNHOUSE ON LOT ELEVEN UNIT: A AKA VAIL ROWHOUSE UNIT 11A
6. TOWNHOUSE ON LOT ELEVEN UNIT: B AKA VAIL ROWHOUSE UNIT 11B
7. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 12 AKA VAIL ROWHOUSE UNIT 12
8. OGLESBY/STOREY CONDOS UNIT: 1 AKA VAIL ROWHOUSE UNIT 13
9. OGLESBY/STOREY CONDOS UNIT: 2 AKA VAIL ROWHOUSE UNIT 13
10. VAIL VILLAGE FILING 4 LOT: 1 AKA TEXAS TOWNHOME LOT 1
11. TOWNHOUSE LOT 2 VAIL VILL 4TH LOT: 1
AKA TEXAS TOWNHOME LOT 2(1)
12. TOWNHOUSE LOT 2 VAIL VILL 4TH LOT: 2
AKA TEXAS TOWNHOME LOT 2(2)
13. VAIL VILLAGE FILING 4 LOT: 3 AKA TEXAS TOWNHOME LOT 3
14. MURFREE CONDO UNIT: 4A AKA TEXAS TOWNHOME LOT 4(A)
15. MURFREE CONDO UNIT: 4B AKA TEXAS TOWNHOME LOT 4(B)
16. FORBES/PARKER CONDOMINIUMS UNIT: 5A
AKA TEXAS TOWNHOME LOT 5(A)
17. FORBES/PARKER CONDOMINIUMS UNIT: 5B
AKA TEXAS TOWNHOME LOT 5(B)
18. TOWNHOUSE LOT 6 VAIL VILL 4TH LOT: 6 UNIT 1
AKA TEXAS TOWNHOME LOT 6(1)
19. TOWNHOUSE LOT 6 VAIL VILL 4TH LOT: 6 UNIT 2
AKA TEXAS TOWNHOME LOT 6(2)
20. TOWNHOUSE LOT 7 VAIL VILL 4TH LOT: 7 UNIT 1
AKA TEXAS TOWNHOME LOT 7(1)
21. TOWNHOUSE LOT 7 VAIL VILL 4TH LOT: 7 UNIT 2
AKA TEXAS TOWNHOME LOT 7(2)
22. VAIL VILLAGE FILING 4 LOT: 8 AKA TEXAS TOWNHOME LOT 8
23. VAIL VILLAGE FILING 4 LOT: 9 AKA TEXAS TOWNHOME LOT 9
FROM THE HIGH DENSITY MULTIPLE -FAMILY DISTRICT TO THE VAIL VILLAGE
TOWNHOUSE DISTRICT, 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 Town duly existing under the Constitution and laws of the State
of Colorado and its home rule charter (the "Charter"); and,
Ordinance No. 9, Series 2014
-1-
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and,
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the
procedures for amending a zone district boundary; and,
WHEREAS, the subject properties are described in Exhibit A, attached hereto
and incorporated herein by this reference, (the "subject properties"); and,
WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8,
Series of 1973, to establish comprehensive zoning regulations for the Town of Vail. In
establishing comprehensive regulations, this ordinance created 12 new zone districts
including the High Density Multiple -Family District; and,
WHEREAS, on August 21, 2012 the Vail Town Council adopted Ordinance No. 2
Series of 2012 establishing the Vail Village Townhouse Zone District; and
WHEREAS, the purpose of the amendments is to establish incentives for the
redevelopment of existing townhouse properties in Vail Village; and,
WHEREAS, the purpose of the amendments is to preserve the existing character
of the townhouse properties in Vail Village and to preserve the existing character of the
neighborhood; and,
WHEREAS, on February 10, 2014, the Town of Vail Planning and Environmental
Commission held a public hearing on the zone district boundary amendment to rezone
the subject properties from High Density Multiple -Family District to Vail Village
Townhouse District; and,
WHEREAS, on February 10, 2014, the Town of Vail Planning and Environmental
Commission forwarded a recommendation of approval to the Vail Town Council for the
zone district boundary amendment; 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
Ordinance No. 9, Series 2014
-2-
residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. This ordinance adopts the following zone district boundary
amendment as further described in Exhibit A:
A rezoning from the High Density Multiple -Family District to Vail Village
Townhouse District.
Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town
Council finds and determines the following:
a. The zone district boundary amendment is consistent with the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town;
b. The zone district boundary amendment is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas; and,
c. The zone district boundary 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.
d. This ordinance is necessary and proper for the health, safety and welfare of the
Town of Vail and the inhabitants thereof.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any 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. 9, Series 2014
-3-
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of March, 2014, and a
public hearing for second reading of this Ordinance set for the 4th day of April, 2014, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
Ordinance No. 9, Series 2014
-4-
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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. 9 Series of
2014, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of April,
2014.
n�
Witness my hand and seal this Z
day of , 2014.
g�—Ao OF
• a
SEAL
(seal)
t
ORDINANCE NO. 9
SERIES OF 2014
AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT
TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A
REZONING OF:
1. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 7 AKA VAIL ROWHOUSE UNIT 7
2. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 8 AKA VAIL ROWHOUSE UNIT 8
3. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 9 AKA VAIL ROWHOUSE UNIT 9
4. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 10 AKA VAIL ROWHOUSE UNIT 10
5. TOWNHOUSE ON LOT ELEVEN UNIT: A AKA VAIL ROWHOUSE UNIT 11A
6. TOWNHOUSE ON LOT ELEVEN UNIT: B AKA VAIL ROWHOUSE UNIT 11 B
7. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 12 AKA VAIL ROWHOUSE UNIT 12
8. OGLESBY/STOREY CONDOS UNIT: 1 AKA VAIL ROWHOUSE UNIT 13
9. OGLESBY/STOREY CONDOS UNIT: 2 AKA VAIL ROWHOUSE UNIT 13
10. VAIL VILLAGE FILING 4 LOT: 1 AKA TEXAS TOWNHOME LOT 1
11. TOWNHOUSE LOT 2 VAIL VILL 4TH LOT: 1
AKA TEXAS TOWNHOME LOT 2(1)
12. TOWNHOUSE LOT 2 VAIL VILL 4TH LOT: 2
AKA TEXAS TOWNHOME LOT 2(2)
13. VAIL VILLAGE FILING 4 LOT: 3 AKA TEXAS TOWNHOME LOT 3
14. MURFREE CONDO UNIT: 4A AKA TEXAS TOWNHOME LOT 4(A)
15. MURFREE CONDO UNIT: 4B AKA TEXAS TOWNHOME LOT 4(B)
16. FORBES/PARKER CONDOMINIUMS UNIT: 5A
AKA TEXAS TOWNHOME LOT 5(A)
17. FORBES/PARKER CONDOMINIUMS UNIT: 5B
AKA TEXAS TOWNHOME LOT 5(B)
18. TOWNHOUSE LOT 6 VAIL VILL 4TH LOT: 6 UNIT 1
AKA TEXAS TOWNHOME LOT 6(1)
19. TOWNHOUSE LOT 6 VAIL VILL 4TH LOT: 6 UNIT 2
AKA TEXAS TOWNHOME LOT 6(2)
20. TOWNHOUSE LOT 7 VAIL VILL 4TH LOT: 7 UNIT 1
AKA TEXAS TOWNHOME LOT 7(1)
21. TOWNHOUSE LOT 7 VAIL VILL 4TH LOT: 7 UNIT 2
AKA TEXAS TOWNHOME LOT 7(2)
22. VAIL VILLAGE FILING 4 LOT: 8 AKA TEXAS TOWNHOME LOT 8
23. VAIL VILLAGE FILING 4 LOT: 9 AKA TEXAS TOWNHOME LOT 9
FROM THE HIGH DENSITY MULTIPLE -FAMILY DISTRICT TO THE VAIL VILLAGE
TOWNHOUSE DISTRICT 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 Town duly existing under the Constitution and laws of the State
of Colorado and its home rule charter (the "Charter"); and,
Ordinance No. 9. Series 2014
- 1 -
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and,
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the
procedures for amending a zone district boundary; and,
WHEREAS, the subject properties are described in Exhibit A, attached hereto
and incorporated herein by this reference, (the "subject properties"); and,
WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8,
Series of 1973, to establish comprehensive zoning regulations for the Town of Vail. In
establishing comprehensive regulations, this ordinance created 12 new zone districts
including the High Density Multiple -Family District; and,
WHEREAS, on August 21, 2012 the Vail Town Council adopted Ordinance No. 2
Series of 2012 establishing the Vail Village Townhouse Zone District; and
WHEREAS, the purpose of the amendments is to establish incentives for the
redevelopment of existing townhouse properties in Vail Village; and,
WHEREAS, the purpose of the amendments is to preserve the existing character
of the townhouse properties in Vail Village and to preserve the existing character of the
neighborhood; and,
WHEREAS, on February 10, 2014, the Town of Vail Planning and Environmental
Commission held a public hearing on the zone district boundary amendment to rezone
the subject properties from High Density Multiple -Family District to Vail Village
Townhouse District; and,
WHEREAS, on February 10, 2014, the Town of Vail Planning and Environmental
Commission forwarded a recommendation of approval to the Vail Town Council for the
zone district boundary amendment; 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
Ordinance No. 9, Series 2014
-2-
residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. This ordinance adopts the following zone district boundary
amendment as further described in Exhibit A:
A rezoning from the High Density Multiple -Family District to Vail Village
Townhouse District.
Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town
Council finds and determines the following:
a. The zone district boundary amendment is consistent with the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town;
b. The zone district boundary amendment is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas; and,
c. The zone district boundary 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.
d. This ordinance is necessary and proper for the health, safety and welfare of the
Town of Vail and the inhabitants thereof.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any 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. 9, Series 2014
-3-
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of March, 2014, and a
public hearing for second reading of this Ordinance set for the 1St day of April, 2014, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN
FULL ON SECOND AND FINAL READING this 1St day of April, 2014, in the Council
Chambers of the Vail Municipal Building, Vail Colorado.
Andrew P. Daly, Mayor
ATTEST:
Tammy Nagel, Acting Town Clerk
Ordinance No. 9, Series 2014
-4-
Exhibit A
Ordinance No. 9, Series 2014
-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. 10 Series
of 2014, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of
April, 2014.
Witness my hand and seal this ay of 4'2014.
amy Na
Acting own of Vail C er (seal)
ORDINANCE NO. 10
SERIES OF 2014
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE
CENTER FUND, DISPATCH SERVICE FUND, HEAVY EQUIPMENT FUND, DEBT SERVICE
FUND AND TIMBER RIDGE ENTERPRISE FUND OF THE 2014 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 2014 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
15, Series of 2013, adopting the 2014 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 2014 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund
$ 407,900
Capital Projects Fund
6,445,449
Real Estate Transfer Tax Fund
13,931,234
Conference Center Fund
1,836,318
Dispatch Services Fund
3,000
Heavy Equipment Fund
164,364
Debt Service Fund
21,311
Timber Ridge Enterprise Fund
961,007
Total
$ 23,770,583
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
Ordinance No. 10, Series of 2014
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,
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 1st day of April, 2014, and a public hearing shall be held on this Ordinance on
the 15th day of April, 2014, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th
day of April 2014.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 10, Series of 2014
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 2014, on the Town of Vail's web site, www.vailgov.com, on the 15th day of
April, 2014.
Witness my hand and seal this day of , 2014.
ammy e
y Tow (seal)
ORDINANCE NO. 10
SERIES OF 2014
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE
CENTER FUND, DISPATCH SERVICE FUND, HEAVY EQUIPMENT FUND, DEBT SERVICE
FUND AND TIMBER RIDGE ENTERPRISE FUND OF THE 2014 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 2014 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
15, Series of 2013, adopting the 2014 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 2014 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund
$ 407,900
Capital Projects Fund
6,445,449
Real Estate Transfer Tax Fund
13,931,234
Conference Center Fund
1,836,318
Dispatch Services Fund
3,000
Heavy Equipment Fund
164,364
Debt Service Fund
21,311
Timber Ridge Enterprise Fund
961,007
Total
$ 23,770,583
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
Ordinance No. 10, Series of 2014
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,
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 1 st day of April, 2014, and a public hearing shall be held on this Ordinance on
the 15th day of April, 2014, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th
day of April 2014.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 10, Series of 2014
� 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. 11 Series
of 2014, on the Town of Vail's web site, www.vail-gov.com, on the 7th day of May,
2014.
Witness my hand and seal this T day ofM!��4, 2014.
T mm I
Deputy Clerk OF_ V
A , I
ORDINANCE NO. 11
Series of 2014
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 22, SERIES
2008, WHICH ADOPTED THE APPROVED DEVELOPMENT PLAN FOR PHASE III
OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO
SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW
FOR AN INCREASE IN GROSS RESIDENTIAL FLOOR AREA TO FACILITATE
ADDITIONS TO EXISTING DWELLING UNITS, LOCATED AT 100 EAST MEADOW
UNITS 501 AND 502 (VAIL VILLAGE INN, PHASE III) /LOT O, BLOCK 5D, VAIL
VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter; and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, Ordinance No. 22, Series of 2008, amended the approved
development plan for Phase III of Special Development District No. 6, Vail Village Inn;
and
WHEREAS, amendments to a Special Development District are permitted
pursuant to the parameters set forth for such in Section 12-9A-10, Vail Town Code; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
held a public hearing on April 14, 2014 to consider the proposed amendment in
accordance with the provisions of the Vail Town Code and forwarded a
recommendation of approval, with conditions, to the Vail Town Council by a vote of 7-0-
0; and
WHEREAS, the Vail Town Council finds that the proposed amendment to
Special Development District No. 6, complies with the review criteria outlined in Section
12-9A-8, Vail Town Code, and that the applicant has demonstrated that any adverse
effects of the requested deviations from the development standards of the underlying
zoning are outweighed by the public benefits provided; and
WHERAS, the Town Council finds that the special development district
amendment does comply with the standards listed Article 12-9A, Special Development
District, or that a practical solution consistent with the public interest has been
achieved; and
WHEREAS, the Vail Town Council finds that the special development district
amendment is consistent with the adopted goals, objectives and policies outlined in the
Ordinance No. 11, Series of 2014
Vail comprehensive plan and compatible with the development objectives of the town;
and
WHEREAS, the Vail Town Council finds that the special development district
amendment is compatible with and suitable to adjacent uses and appropriate for the
surrounding areas; and
WHEREAS, the Vail Town Council finds that the special development district
amendment does promote the health, safety, morals, and general welfare of the town
and promotes the coordinated and harmonious development of the town in a manner
that conserves and enhances its natural environment and its established character as a
resort and residential community of the highest quality; and
WHEREAS, the Vail Town Council finds that temporary approval of this
amendment will have no negative effect on parking since the existing penthouse
dwelling unit can not yet be occupied; and
WHEREAS, the approval of this special development district amendment, and
the development standards in regard thereto, shall not establish precedence or
entitlements elsewhere within the Town of Vail.
WHEREAS, all notices as required by the Town of Vail Municipal Code have
been sent to the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public
health, safety, and welfare to amend the development plan for Phase III of Special
Development District No. 6, Vail Village Inn.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Purpose of the Ordinance
The purpose of this ordinance is to repeal and reenact Ordinance No 22, Series of 2008
to amend the approved development plan for Phase III of Special Development District
No. 6 to increase the allowable gross residential floor area (GRFA). This amendment
increases the allowable GRFA in Phase III from 46,067 square feet to 46,859 square feet,
an increase of 792 square feet.
Ordinance No. 22, Series of 2008, is hereby amended as follows (all additions are
illustrated with bold italics, deletions are illustrated with 6tFikethFeegI4, and text not
affected has been omitted):
Ordinance No. 11, Series of 2014 2
Section 2. Amendment Procedures Fulfilled, Planning Commission Report
The approval procedures described in Article 12-9A of the Vail Municipal Code have been
fulfilled, and the Vail Town Council has received the recommendation of the Planning and
Environmental Commission for a major amendment to the Approved Development Plan
for Special Development District No. 6, Vail Village Inn Phase III.
Section 3. Special Development District No. 6
The Special Development District and the major amendment to the Approved
Development Plan for Phase III are established to assure comprehensive development
and use of the area in a manner that would be harmonious with the general character of
the Town, provide adequate open space and recreational amenities, and promote the
goals, objectives and policies of the Vail Comprehensive Plan. Special Development
District No. 6 is regarded as being complementary to the Town of Vail by the Vail Town
Council and the Planning and Environmental Commission, and has been established
since there are significant aspects of the Special Development District that cannot be
satisfied through the imposition of standard Public Accommodation zone district
requirements.
Section 4. Development Standards — Special Development District No. 6, Vail
Village Inn, Phase III
The amended development plan for Special Development District No. 6, Vail Village
Inn, Phase 111, shall include the following plans and materials prepared by Eggers
Architects, Inc., dated April 4, 2014 and stamped approved by the Town of Vail,
dated April 30, 2014 (as may be further amended by the Town of Vail Design
Review Board):
A. A1.3 Roof Plan, Proposed
B. A2.1 South Elevation, Proposed
C. A2.2 East Elevation, Proposed
D. A2.3 North Elevation, Proposed
E. A2.4 West Elevation, Proposed
The amended Development Plan for Special Development District No. 6, Vail Village
Inn, Phase III, shall include the following plans and materials prepared by Blue Line
Architects, dated September 24, 2008:
A.
A1.3 Parking Map
B.
A2.1 Level 95.0 Existing
C.
A2.2 Level 95.0 Proposed
D.
A2.3 Level 105.0 Existing
E.
A2.4 Level 105.0 Proposed
F.
A2.5 Level 114.4 Existing
Ordinance No. 11, Series of 2014 3
G. A3.1 Exterior Elevations
H. A3.2 Exterior Elevations
I. A5.1 Vicinity Map
Section 5. Condition of Approval for Special Development District No. 6. Phase
III.
Conditions applied by the Planning and Environmental Commission in
conjunction with the April 14, 2014 recommendation of approval with conditions:
1. This SDD major amendment approval is contingent upon the
applicant obtaining Town of Vail approval of the associated
design review application, including compliance with Sec. 14-10-5
Building Materials and Design, Vail Town Code
2. The applicant shall mitigate the employee generation impact
created by the addition of 792 square feet of GRFA in accordance
with the provisions of Chapter 12-24, Inclusionary Zoning, Vail
Town Code. The applicant shall make the required fee in lieu
payment to the Town of Vail prior to the issuance of any building
permit.
3. The applicant shall receive and submit in conjunction with the
building permit, all applicable Colorado Department of
Transportation approvals for all impacts to the South Frontage
Road East, including construction staging, if necessary.
4. The applicant shall amend the recorded condominium map to
reflect the increase in floor area and space designation, prior to
requesting any certificate of occupancy inspection.
5. The applicant shall replace the three (3) existing street lights located
along the Frontage Road with Town of Vail street lights per Public
Work's specification. The location of the streetlights is depicted in
the Streetlight Exhibit, included as Attachment C to the May 6, 2014
PEC130046 Town Council Memo. The number of new fixtures shall
be determined by the Director of Public Works and will not exceed
three. The new street lights shall be installed prior to requesting any
certificate of occupancy inspection.
Section 6. Applicability
The changes contained in this ordinance shall only apply to the approved development
plan for Phase III of Special Development District No. 6, Vail Village Inn. Those
changes were contained within the documents associated with the Planning and
Ordinance No. 11, Series of 2014 4
Environmental Commission Major SDD Amendment, PEC13-0046. No other provisions
or requirements of the governing ordinance for any other phase of Special
Development District No. 6, Vail Village Inn, are amended, altered, or eliminated by this
ordinance.
Section 7.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Vail Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 8.
The amendment of any provision of the Town Code of Vail as provided in this ordinance
shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 9.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
Section 10.
The Vail Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof. The Council's finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
Ordinance No. 11, Series of 2014 5
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of May, 2014 and a
public hearing for second reading of this Ordinance set for the 20th day of May, 2014, at
6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in
full this 20th day of May, 2014.
Andrew P. Daly, Mayor
Uxli1�lfi
Patty McKenny, Town Clerk
Ordinance No. 11, Series of 2014 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. 11 Series
of 2014, on the Town of Vail's web site, www.vailgov.com, on the 21St day of
May, 2014.
4
Witness my hand and seal this6 I day of I h 16u, 2014.
.r'
Tammy ag
eputy Clerk (seal)
ORDINANCE NO. 11
Series of 2014
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 22, SERIES
2008, WHICH ADOPTED THE APPROVED DEVELOPMENT PLAN FOR PHASE III
OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO
SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW
FOR AN INCREASE IN GROSS RESIDENTIAL FLOOR AREA TO FACILITATE
ADDITIONS TO EXISTING DWELLING UNITS, LOCATED AT 100 EAST MEADOW
UNITS 501 AND 502 (VAIL VILLAGE INN, PHASE III) /LOT O, BLOCK 5D, VAIL
VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter; and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, Ordinance No. 22, Series of 2008, amended the approved
development plan for Phase III of Special Development District No. 6, Vail Village Inn;
and
WHEREAS, amendments to a Special Development District are permitted
pursuant to the parameters set forth for such in Section 12-9A-10, Vail Town Code; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
held a public hearing on April 14, 2014 to consider the proposed amendment in
accordance with the provisions of the Vail Town Code and forwarded a
recommendation of approval, with conditions, to the Vail Town Council by a vote of 7-0-
0; and
WHEREAS, the Vail Town Council finds that the proposed amendment to
Special Development District No. 6, complies with the review criteria outlined in Section
12-9A-8, Vail Town Code, and that the applicant has demonstrated that any adverse
effects of the requested deviations from the development standards of the underlying
zoning are outweighed by the public benefits provided; and
WHERAS, the Town Council finds that the special development district
amendment does comply with the standards listed Article 12-9A, Special Development
District, or that a practical solution consistent with the public interest has been
achieved; and
WHEREAS, the Vail Town Council finds that the special development district
amendment is consistent with the adopted goals, objectives and policies outlined in the
Ordinance No. 11, Series of 2014
Vail comprehensive plan and compatible with the development objectives of the town;
and
WHEREAS, the Vail Town Council finds that the special development district
amendment is compatible with and suitable to adjacent uses and appropriate for the
surrounding areas; and
WHEREAS, the Vail Town Council finds that the special development district
amendment does promote the health, safety, morals, and general welfare of the town
and promotes the coordinated and harmonious development of the town in a manner
that conserves and enhances its natural environment and its established character as a
resort and residential community of the highest quality; and
WHEREAS, the Vail Town Council finds that temporary approval of this
amendment will have no negative effect on parking since the existing penthouse
dwelling unit can not yet be occupied; and
WHEREAS, the approval of this special development district amendment, and
the development standards in regard thereto, shall not establish precedence or
entitlements elsewhere within the Town of Vail.
WHEREAS, all notices as required by the Town of Vail Municipal Code have
been sent to the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public
health, safety, and welfare to amend the development plan for Phase III of Special
Development District No. 6, Vail Village Inn.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Purpose of the Ordinance
The purpose of this ordinance is to repeal and reenact Ordinance No 22, Series of 2008
to amend the approved development plan for Phase III of Special Development District
No. 6 to increase the allowable gross residential floor area (GRFA). This amendment
increases the allowable GRFA in Phase III from 46,067 square feet to 46,859 square feet,
an increase of 792 square feet.
Ordinance No. 22, Series of 2008, is hereby amended as follows (all additions are
illustrated with bold italics, deletions are illustrated with etFikethMugh, and text not
affected has been omitted):
Ordinance No. 11, Series of 2014 2
Section 2. Amendment Procedures Fulfilled, Planning Commission Report
The approval procedures described in Article 12-9A of the Vail Municipal Code have been
fulfilled, and the Vail Town Council has received the recommendation of the Planning and
Environmental Commission for a major amendment to the Approved Development Plan
for Special Development District No. 6, Vail Village Inn Phase III.
Section 3. Special Development District No. 6
The Special Development District and the major amendment to the Approved
Development Plan for Phase III are established to assure comprehensive development
and use of the area in a manner that would be harmonious with the general character of
the Town, provide adequate open space and recreational amenities, and promote the
goals, objectives and policies of the Vail Comprehensive Plan. Special Development
District No. 6 is regarded as being complementary to the Town of Vail by the Vail Town
Council and the Planning and Environmental Commission, and has been established
since there are significant aspects of the Special Development District that cannot be
satisfied through the imposition of standard Public Accommodation zone district
requirements.
Section 4. Development Standards — Special Development District No. 6, Vail
Village Inn, Phase III
The amended development plan for Special Development District No. 6, Vail Village
Inn, Phase lll, shall include the following plans and materials prepared by Eggers
Architects, Inc., dated April 4, 2014 and stamped approved by the Town of Vail,
dated April 30, 2014 (as may be further amended by the Town of Vail Design
Review Board):
A. A 1.3 Roof Plan, Proposed
B. A2.1 South Elevation, Proposed
C. A2.2 East Elevation, Proposed
D. A2.3 North Elevation, Proposed
E. A2.4 West Elevation, Proposed
The amended Development Plan for Special Development District No. 6, Vail Village
Inn, Phase III, shall include the following plans and materials prepared by Blue Line
Architects, dated September 24, 2008:
A.
A1.3 Parking Map
B.
A2.1 Level 95.0 Existing
C.
A2.2 Level 95.0 Proposed
D.
A2.3 Level 105.0 Existing
E.
A2.4 Level 105.0 Proposed
F.
A2.5 Level 114.4 Existing
Ordinance No. 11, Series of 2014 3
G. A3.1 Exterior Elevations
H. A3.2 Exterior Elevations
I. A5.1 Vicinity Map
Section 5. Condition of Approval for Special Development District No. 6. Phase
III.
Conditions applied by the Planning and Environmental Commission in
conjunction with the April 14, 2014 recommendation of approval with conditions:
1. This SDD major amendment approval is contingent upon the
applicant obtaining Town of Vail approval of the associated
design review application, including compliance with Sec. 14-10-5
Building Materials and Design, Vail Town Code
2. The applicant shall mitigate the employee generation impact
created by the addition of 792 square feet of GRFA in accordance
with the provisions of Chapter 12-24, Inclusionary Zoning, Vail
Town Code. The applicant shall make the required fee in lieu
payment to the Town of Vail prior to the issuance of any building
permit.
3. The applicant shall receive and submit in conjunction with the
building permit, all applicable Colorado Department of
Transportation approvals for all impacts to the South Frontage
Road East, including construction staging, if necessary.
4. The applicant shall amend the recorded condominium map to
reflect the increase in floor area and space designation, prior to
requesting any certificate of occupancy inspection.
5. The applicant shall replace the three (3) existing street lights located
along the Frontage Road with Town of Vail street lights per Public
Work's specification. The location of the streetlights is depicted in
the Streetlight Exhibit, included as Attachment C to the May 6, 2014
PEC130046 Town Council Memo. The number of new fixtures shall
be determined by the Director of Public Works and will not exceed
three. The new street lights shall be installed prior to requesting any
certificate of occupancy inspection.
Section 6. Applicability
The changes contained in this ordinance shall only apply to the approved development
plan for Phase III of Special Development District No. 6, Vail Village Inn. Those
changes were contained within the documents associated with the Planning and
Ordinance No. 11, Series of 2014 4
Environmental Commission Major SDD Amendment, PEC13-0046. No other provisions
or requirements of the governing ordinance for any other phase of Special
Development District No. 6, Vail Village Inn, are amended, altered, or eliminated by this
ordinance.
Section 7.
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Vail Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 8.
The amendment of any provision of the Town Code of Vail as provided in this ordinance
shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 9.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
Section 10.
The Vail Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof. The Council's finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
Ordinance No. 11, Series of 2014 5
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of May, 2014 and a
public hearing for second reading of this Ordinance set for the 20th day of May, 2014, at
6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in
full this 20th day of May, 2014.
Andrew P. Daly, Mayor
/t III&M l
Patty McKenny, Town Clerk
Ordinance No. 11, Series of 2014 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. 12 Series
of 2014, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of
July, 2014.
Witness my hand and seal th' day of J , 2014.
my
D n of Vai (seal)
ORDINANCE NO. 12
SERIES 2014
AN ORDINANCE EXTENDING THE TEMPORARY BAN ON
MARIJUANA ESTABLISHMENTS IN THE TOWN, PURSUANT TO
SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION
(AMENDMENT 64)
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, Colorado voters passed Amendment 64, which amended Article
XVIII of the Colorado Constitution by the addition of a new section regarding the
personal use and regulation of marijuana;
WHEREAS, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the
Town may "prohibit the operation of marijuana cultivation facilities, marijuana product
manufacturing facilities, marijuana testing facilities, or retail marijuana stores through
the enactment of an ordinance";
WHEREAS, previously, the Town Council had adopted a temporary ban until July
31, 2014;
WHEREAS, it is the desire of the Council that Town staff study the effects of
such marijuana establishments, considering the Town's existing land use regulations
and master plan, and thereafter provide information to the Council as to whether such
uses should be permitted at any location in the Town;
WHEREAS, Town staff needs additional time to gather information, to review the
state statutes and forthcoming regulations, and to study the impacts of marijuana
establishments and the zone districts in which they should be permitted, if at all; and
WHEREAS, during such time, the Council finds and determines that it is the best
interest of the public health, safety and welfare for the Town to extend the temporary
ban on the location or operation of marijuana establishments in the Town until August 4,
2015.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. It is unlawful for any person to operate, cause to be operated, or
permit to be operated in the Town a marijuana establishment, and marijuana
establishments are hereby prohibited at any location in the Town. The Town shall not
Ordinance No. 12, Series of 2014
accept or process any applications for the operation of marijuana establishments in the
Town.
Section 2. For purposes of this ordinance, the following terms shall have the
following meanings:
a. "Marijuana" means all parts of the plant of the genus cannabis
whether growing or not, the seeds thereof, the resin extracted from any part of
the plant, and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or its resin, including marijuana concentrate,
but excluding industrial hemp, fiber produced from the stalks, oil, or cake made
from the seeds of the plant, sterilized seed of the plant which is incapable of
germination, or the weight of any other ingredient combined with marijuana to
prepare topical or oral administrations, food, drink, or other product.
b. "Marijuana establishment" means and includes a marijuana
cultivation facility, a marijuana testing facility, a marijuana product manufacturing
facility, a retail marijuana store and a marijuana club.
C. "Marijuana cultivation facility" means a facility licensed to cultivate,
prepare, and package marijuana and sell marijuana to retail marijuana stores, to
marijuana product manufacturing facilities, and to other marijuana cultivation
facilities, but not to consumers.
d. "Marijuana testing facility" means a facility licensed to analyze and
certify the safety and potency of marijuana.
e. "Marijuana product manufacturing facility" means a facility licensed
to purchase marijuana; manufacture, prepare and package marijuana products;
and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to retail marijuana stores, but not to consumers.
f. "Retail marijuana store" means a facility licensed to purchase
marijuana from marijuana cultivation facilities or marijuana and marijuana
products from marijuana product manufacturing facilities, or to sell marijuana or
marijuana products to consumers.
g. "Marijuana club" means a place not used for residential purposes
where individuals gather to consume or grow marijuana, regardless of whether
such place calls itself private or public or charges an admission or membership
fee.
Section 3. This ordinance is intended to be temporary in nature, and as such,
this ordinance shall be in effect from its effective date until August 4, 2015 unless earlier
repealed.
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
Ordinance No. 12, Series of 2014
of the remaining portions of this ordinance; and the Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 5. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of July, 2014 and a
public hearing for second reading of this Ordinance set for the 15th day of July, 2014, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN
FULL ON SECOND AND FINAL READING this 15th day of July, 2014, in the Council
Chambers of the Vail Municipal Building, Vail Colorado.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 12, Series of 2014
PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 12 Series
of 2014, on the Town of Vail's web site, www.vailgov.com, on the 16th day of
July, 2014.
Witness my hand and seal this �-� Q— day of , 2014.
mmy el
Depu y own of Vail Clerk (seal)
ORDINANCE NO. 12
SERIES 2014
AN ORDINANCE EXTENDING THE TEMPORARY BAN ON
MARIJUANA ESTABLISHMENTS IN THE TOWN, PURSUANT TO
SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION
(AMENDMENT 64)
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, Colorado voters passed Amendment 64, which amended Article
XVIII of the Colorado Constitution by the addition of a new section regarding the
personal use and regulation of marijuana;
WHEREAS, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the
Town may "prohibit the operation of marijuana cultivation facilities, marijuana product
manufacturing facilities, marijuana testing facilities, or retail marijuana stores through
the enactment of an ordinance";
WHEREAS, previously, the Town Council had adopted a temporary ban until July
31, 2014;
WHEREAS, it is the desire of the Council that Town staff study the effects of
such marijuana establishments, considering the Town's existing land use regulations
and master plan, and thereafter provide information to the Council as to whether such
uses should be permitted at any location in the Town;
WHEREAS, Town staff needs additional time to gather information, to review the
state statutes and forthcoming regulations, and to study the impacts of marijuana
establishments and the zone districts in which they should be permitted, if at all; and
WHEREAS, during such time, the Council finds and determines that it is the best
interest of the public health, safety and welfare for the Town to extend the temporary
ban on the location or operation of marijuana establishments in the Town until August 4,
2015.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. It is unlawful for any person to operate, cause to be operated, or
permit to be operated in the Town a marijuana establishment, and marijuana
establishments are hereby prohibited at any location in the Town. The Town shall not
Ordinance No. 12, Series of 2014
accept or process any applications for the operation of marijuana establishments in the
Town.
Section 2. For purposes of this ordinance, the following terms shall have the
following meanings:
a. "Marijuana" means all parts of the plant of the genus cannabis
whether growing or not, the seeds thereof, the resin extracted from any part of
the plant, and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or its resin, including marijuana concentrate,
but excluding industrial hemp, fiber produced from the stalks, oil, or cake made
from the seeds of the plant, sterilized seed of the plant which is incapable of
germination, or the weight of any other ingredient combined with marijuana to
prepare topical or oral administrations, food, drink, or other product.
b. "Marijuana establishment" means and includes a marijuana
cultivation facility, a marijuana testing facility, a marijuana product manufacturing
facility, a retail marijuana store and a marijuana club.
C. "Marijuana cultivation facility" means a facility licensed to cultivate,
prepare, and package marijuana and sell marijuana to retail marijuana stores, to
marijuana product manufacturing facilities, and to other marijuana cultivation
facilities, but not to consumers.
d. "Marijuana testing facility" means a facility licensed to analyze and
certify the safety and potency of marijuana.
e. "Marijuana product manufacturing facility" means a facility licensed
to purchase marijuana; manufacture, prepare and package marijuana products;
and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to retail marijuana stores, but not to consumers.
f. "Retail marijuana store" means a facility licensed to purchase
marijuana from marijuana cultivation facilities or marijuana and marijuana
products from marijuana product manufacturing facilities, or to sell marijuana or
marijuana products to consumers.
g. "Marijuana club" means a place not used for residential purposes
where individuals gather to consume or grow marijuana, regardless of whether
such place calls itself private or public or charges an admission or membership
fee.
Section 3. This ordinance is intended to be temporary in nature, and as such,
this ordinance shall be in effect from its effective date until August 4, 2015 unless earlier
repealed.
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
Ordinance No. 12, Series of 2014
of the remaining portions of this ordinance; and the Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 5. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of July, 2014 and a
public hearing for second reading of this Ordinance set for the 15th day of July, 2014, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 15th day of July, 2014.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 12, Series of 2014
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. 13 Series
of 2014, on the Town of Vail's web site, www.vailgov.com, on the 16th day of
July, 2014.
Witness my hand and seal this 121 day of , 2014.
ammy gel
De own o rk
(seal)
Ad Name: 10339808A
Customer: Town of Vail
Your account number is- 1022263
MaflDaily
PROOF OF PUBLICATION
STATE OF COLORADO }
)SS.
COUNTY OF EAGLE }
I, Don Rogers, do solemnly swear that I am a qualified
representative ofthe Vail Daily. That the same Daily newspaper
printed, in whole or in part and published in the County
of Eagle, State of Colorado, and has a general circulation
therein; that said newspaper has been published continuously
and uninterruptedly in said County of Eagle for a period of
more than fifty-two consecutive weeks next prior to the first
publication of the annexed legal notice or advertisement and
that said newspaper has published the requested legal notice
and advertisement as requested.
The Vail Daily is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every
number of said daily newspaper for the period of 1
consecutive insertions; and that the first publication of said
notice was in the issue of said newspaper dated 7/7/2014 and
that the last publication of said notice was dated 7/7/2014 in
the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
07/10/2014.
SPA pvv,
General Manager/Publisher/Editor
Vail Daily
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 07/10/2014.
Pamela J. Schultz, Notary Public
My Commission expires: November 1, 2015
O.�KFLY PVe`i
PAMELA J. 't
SCHULTZ r
Llq comm ult Eoes iwrz015
PUBLIC NOTICE
NOTICE OF PROPOSED
AMENDED BUDGET HEARING
OF THE TOWN OF VAIL
NOTICE IS HEREBY GIVEN that a proposed
amended budget for 2014 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 July 15, 2014 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
Patty McKenny, Town Clerk
Published in the Vail Daily July 7, 2014 (10339808)
ORDINANCE NO. 13
SERIES OF 2014
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND
DISPATCH SERVICE FUND OF THE 2014 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 2014 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
15, Series of 2013, adopting the 2014 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 2014 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 38,573
Capital Projects Fund 470,900
Real Estate Transfer Tax Fund 405,400
Dispatch Services Fund 16.800
Total $ 931,673
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
Ordinance No. 13, Series of 2014
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 15th day of July, 2014, and a public hearing shall be held on this Ordinance
on the 5th day of August, 2014, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 13, Series of 2014
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 2014, on the Town of Vail's web site, www.vail-qov.com, on the 6th day of
August, 2014.
Witness my hand and seal this tjo day of , 2014.
ammy el
erk (seal)
ORDINANCE NO. 13
SERIES OF 2014
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND
DISPATCH SERVICE FUND OF THE 2014 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 2014 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
15, Series of 2013, adopting the 2014 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 2014 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 99,573
Capital Projects Fund 740,900
Real Estate Transfer Tax Fund 405,400
Dispatch Services Fund 16,800
Total $ 1,262,673
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
Ordinance No. 13, Series of 2014
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 15th day of July, 2014, and a public hearing shall be held on this Ordinance
on the 5th day of August, 2014, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 5th
day of August 2014.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 13, Series of 2014
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 2014, on the Town of Vail's web site, www.vailgov.com, on the 6th day of
August, 2014.
Witness my hand and seal this day of A, 2014.
4ammy
De u (seal)
ORDINANCE NO. 14
SERIES 2014
AN ORDINANCE AMENDING SECTIONS 5-4-9 AND 5-4-10 OF THE
VAIL TOWN CODE RELATING TO THE POSSESSION, CONSUMPTION
AND USE OF NICOTINE PRODUCTS BY MINORS AND THE SALE OF
SUCH PRODUCTS TO MINORS
WHEREAS, the Colorado General Assembly recently passed Senate Bill 2014-
18, which prohibits furnishing and/or selling nicotine products to minors, including
electronic devices that deliver nicotine;
WHEREAS, Sections 5-4-9 and 5-4-10 of the Vail Town Code govern restrictions
on tobacco products and minors, but do not include nicotine products, such as
electronic cigarettes; and
WHEREAS, the Town Council desires to amend the Vail Town Code to prohibit
the possession, consumption and use of nicotine products by minors and the sale of
such products to minors.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 5-4-9 of the Vail Town Code is hereby repealed in its
entirety and reenacted to read as follows:
5-4-9: TOBACCO PRODUCTS, NICOTINE PRODUCTS AND
MINORS:
A. Definitions. As used in this Section:
1. MINOR means a person under eighteen (18) years of age.
2. TOBACCO PRODUCT means a product that contains tobacco or is
derived from tobacco and is intended to be ingested, inhaled,
smoked, placed in the oral or nasal cavities, or applied to the skin
of an individual, including without limitation cigarettes, cigars,
cigarillos, kreteks, bidis, hookah, and pipes; granulated, plug cut,
crimp cut, ready rubbed, and other smoking tobacco; snuff and
snuff flour, snus, plug and twist, fine-cut, and other chewing or
dipping tobacco; shorts, refuse scraps, clippings, cuttings, and
seepings of tobacco; and any other kinds and forms of tobacco,
prepared in such manner as to be suitable for both chewing or for
smoking in a cigarette, pipe, or otherwise, or both for chewing and
smoking. Tobacco product also includes cloves and any other
plant matter or product that is packaged for smoking.
Ordinance No. 14, Series of 2014
3. NICOTINE PRODUCT means an electronic device or any
component thereof that can be used to deliver nicotine to the
person inhaling from the device, including without limitation an
electronic cigarette, cigar, cigarillo, hookah, pipe, or nicotine
vaporizer; and nicotine or other chemical liquids, extracts, and oils
intended to be used therein.
B. It is unlawful for a minor to possess, consume or use a tobacco
product or nicotine product.
C. It is unlawful for a minor to purchase, obtain or attempt to purchase or
obtain a tobacco product or nicotine product by misrepresentation of
age or by any other method.
D. It is unlawful for a person to knowingly furnish to a minor, by gift, sale
or any other means, a tobacco product or nicotine product.
E. It is a rebuttable presumption that the substance within a package or
container is a tobacco product or nicotine product if the package or
container has affixed to it a label which identifies the package or
container as containing a tobacco product or nicotine product.
F. It is an affirmative defense to a prosecution under this Section that the
person furnishing the tobacco product or nicotine product was
presented with and reasonably relied upon a document which
identified the minor receiving the tobacco product or nicotine product
as being eighteen (18) years of age of older.
Section 2. Section 5-4-10 of the Vail Town Code is hereby amended as
follows:
5-4-10: VIOLATION; PENALTY:
A. Violations: The following acts constitute violations of this Chapter:
1. Smoking in a posted no smoking area.
2. Failure to post a no smoking sign as required by this Chapter.
3. Willful destruction or defacement of a sign posted as required by
this Chapter.
4. The furnishing, selling, or giving of any tobacco product or
nicotine product to a minor.
5. The possession, consumption or use of a tobacco product
or nicotine product by a minor.
Ordinance No. 14, Series of 2014
56. The purchase or attempt to purchase a tobacco product or
nicotine product by a minor.
B. Penalty: The penalty for violation of any provision of this Chapter
shall be as provided in Section 1-4-1 of this Code.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of August, 2014 and a
public hearing for second reading of this Ordinance set for the 19th day of August, 2014,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 14, Series of 2014
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 2014, on the Town of Vail's web site, www.vailgov.com, on the 20th day of
August, 2014.
Witness my hand and seal thisDD -�L day of u , 2014.
Tammy agel
Jerk (seal)
ORDINANCE NO. 14
SERIES 2014
AN ORDINANCE AMENDING SECTIONS 5-4-9 AND 5-4-10 OF THE VAIL
TOWN CODE RELATING TO THE POSSESSION, CONSUMPTION AND
USE OF NICOTINE PRODUCTS BY MINORS AND THE SALE OF SUCH
PRODUCTS TO MINORS
WHEREAS, the Colorado General Assembly recently passed Senate Bill 2014-18,
which prohibits furnishing and/or selling nicotine products to minors, including electronic
devices that deliver nicotine;
WHEREAS, Sections 5-4-9 and 5-4-10 of the Vail Town Code govern restrictions on
tobacco products and minors, but do not include nicotine products, such as electronic
cigarettes; and
WHEREAS, the Town Council desires to amend the Vail Town Code to prohibit the
possession, consumption and use of nicotine products by minors and the sale of such
products to minors.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Section 5-4-9 of the Vail Town Code is hereby repealed in its entirety
and reenacted to read as follows:
5-4-9: TOBACCO PRODUCTS,
MINORS:
A. Definitions. As used in this Section:
NICOTINE PRODUCTS AND
1. MINOR means a person under eighteen (18) years of age.
2. TOBACCO PRODUCT means a product that contains tobacco or is
derived from tobacco and is intended to be ingested, inhaled, smoked,
placed in the oral or nasal cavities, or applied to the skin of an
individual, including without limitation cigarettes, cigars, cigarillos,
kreteks, bidis, hookah, and pipes; granulated, plug cut, crimp cut,
ready rubbed, and other smoking tobacco; snuff and snuff flour, snus,
plug and twist, fine-cut, and other chewing or dipping tobacco; shorts,
refuse scraps, clippings, cuttings, and seepings of tobacco; and any
other kinds and forms of tobacco, prepared in such manner as to be
suitable for both chewing or for smoking in a cigarette, pipe, or
otherwise, or both for chewing and smoking. Tobacco product also
includes cloves and any other plant matter or product that is packaged
for smoking.
3. NICOTINE PRODUCT means an electronic device or any component
thereof that can be used to deliver nicotine to the person inhaling from
the device, including without limitation an electronic cigarette, cigar,
Ordinance No. 14, Series of 2014
cigarillo, hookah, pipe, or nicotine vaporizer; and nicotine or other
chemical liquids, extracts, and oils intended to be used therein.
B. It is unlawful for a minor to possess, consume or use a tobacco product or
nicotine product.
C. It is unlawful for a minor to purchase, obtain or attempt to purchase or
obtain a tobacco product or nicotine product by misrepresentation of age
or by any other method.
D. It is unlawful for a person to knowingly furnish to a minor, by gift, sale or
any other means, a tobacco product or nicotine product.
E. It is a rebuttable presumption that the substance within a package or
container is a tobacco product or nicotine product if the package or
container has affixed to it a label which identifies the package or container
as containing a tobacco product or nicotine product.
F. It is an affirmative defense to a prosecution under this Section that the
person furnishing the tobacco product or nicotine product was presented
with and reasonably relied upon a document which identified the minor
receiving the tobacco product or nicotine product as being eighteen (18)
years of age of older.
Section 2. Section 5-4-10 of the Vail Town Code is hereby amended as follows:
5-4-10: VIOLATION; PENALTY:
A. Violations: The following acts constitute violations of this Chapter:
1. Smoking in a posted no smoking area.
2. Failure to post a no smoking sign as required by this Chapter.
3. Willful destruction or defacement of a sign posted as required by
this Chapter.
4. The furnishing, selling, or giving of any tobacco product or
nicotine product to a minor.
5. The possession, consumption or use of a tobacco product or
nicotine product by a minor.
56. The purchase or attempt to purchase a tobacco product or
nicotine product by a minor.
B. Penalty: The penalty for violation of any provision of this Chapter shall
be as provided in Section 1-4-1 of this Code.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
Ordinance No. 14, Series of 2014
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other
action or proceeding as commenced under or by virtue of the provision amended. The
amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 5th dg of August, 2014 and a public
hearing for second reading of this Ordinance set for the 19t day of August, 2014, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 19th day of August, 2014.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 14, Series of 2014
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 2014, on the Town of Vail's web site, www.vailgov.com, on the 8th day of
October, 2014.
Witness my hand and seal this -�s day of l v J2014.
4a6 Nag I
Deputy Clerk (seal)
ORDINANCE NO. 15
SERIES 2014
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO.
17, SERIES OF 1977, AMENDING SPECIAL DEVELOPMENT DISTRICT
NO. 8, FALLRIDGE, TO ALLOW FOR THE CONVERSION OF THREE
COMMERCIAL CONDOMINIUMS TO THREE RESIDENTIAL
CONDOMINIUMS, AND SETTING FORTH DETAILS IN REGARD
THERETO
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, Ordinance No. 17, Series of 1977, established Special Development
District No. 8, Fallridge, per the approved development plan; and
WHEREAS, Ordinance No. 6, Series of 1982, amended Chapter 18.41, Vail
Town Code, per the approved development plan; 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 reestablish Ordinance No. 17,
Series of 1977, to amend the approved development plan, allowing for the conversion of
three condominiums from commercial use to residential use, and
WHEREAS, said commercial property is an outlying use, while permitted, in what
is a predominantly residential area of Vail, and
WHEREAS, Special Development District No. 1 established a development plan
for the Sunburst Subdivision that was never fully realized due to financial insolvency,
leaving Phase I (Fallridge) as a remnant of incomplete development in an area with a
much different arrangement and intensity of land uses than originally envisioned, and
WHEREAS, in accordance with the provisions outlined in the Zoning
Regulations, the Planning and Environmental Commission held a public hearing on
September 22, 2014, on the major amendment application and has submitted its
recommendation of approval with conditions to the Vail Town Council by a vote.of 7-0;
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
Ordinance No. 7, Series of 2013
WHEREAS, the approval procedures of Article 12-9A, Vail Town Code, have
been fulfilled; 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 re-establish Special Development District No. 8, Fallridge.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT: ORDINANCE NO. 17, SERIES OF 1977, IS
HEREBY REPEALED AND REENACTED WITH AMENDMENTS TO READ AS
FOLLOWS:
Section 1. The approval procedure prescribed in Section 12-9A-10,
Amendment Procedures, Vail Town Code have been fulfilled, and the Vail Town Council
has received the report of the Planning and Environmental Commission recommending
approval, of the proposed development plan for Special Development District No. 8.
Section 2. Pursuant to Section 12-9A-10, Amendment Procedures, Vail Town
Code, Ordinance No. 17, Series of 1977, is hereby repealed and reenacted, amending
the development plan for Special Development District No. 8, which eliminates
commercial as a permitted use for Lot 2, Sunburst Filing 3.
Section 3. Special Development District No. 8, a special development zoning
district, is hereby established for the development of a certain parcel of land comprising
1.3 acres in Sunburst Filing 3. The Official Zoning Map is hereby amended by the
addition of the following provisions set forth as "Special Development District No. 8" and
a map which shall become an addition to the Official Zoning Map.
Section 4. Purposes: Special Development District No. 8 is established to
ensure comprehensive development and use of an area in a manner that will be
harmonious with the general character of the Town, provide adequate open space and
recreational amenities, and promote the objectives of the Zoning Ordinance. The
development is regarded as complementary to the Town by the Town Council and the
Planning Commission, and there are significant aspects of the special development
which cannot be satisfied through the imposition of standard districts on the area.
Section 5. Established: Special Development District No. 8 is established for
the development of multi-family dwelling and norvmFnernial enteroron a parcel of land
comprising 1.3 acres in the formerly created S4X SDD1 area of the Town Special
Development District 8 and said 1.3 acres is referred to as "SDD8".
The existing building consisting of -1.74 dwelling units contains approximately
86,000 90,250 square feet of gross residential floor area and appFeximately 6,259
square foot of nomrvmernial spaGo, and 443 140 underground parking spaces, and shall
be included in SDD8.
2 Ordinance No. 7, Series of 2013
Section 6. Permitted Uses: In SDD8 (existing building), the following uses
shall be permitted:
A) Multiple family residential dwellings.
B) Accessory retail and restaurant and corvine establishments pot nnni rpving
More then 750 sq pare fen} inch iding the follewing•
Apparel stores
Art supply stores and galleries
R nR y'v'vwii�ivrne�
randy steres
Ghinaware and glassware steres
��CleFusts
tlft steFes
Hobby stores
jewelry steres
Leather goods steres
I iq ger stares
Newsstands and tehaccn steres
SpaFting go- de, steres
Statianery steres
Tay stores
Variety steres
Barber shuns
Beauty sheps,
Tra\yel apd ticket agencies
delicatessens 1nrith fond service
Ge#ee shops
Fountains and sandWiGh shops
G)The leasing nr selling of evicess narking spaces in arder to attempt to
accnrrfinedate autemebiles generated by development on adjoining property.
DAddi nal hi lsipesses ars es deter ire to he similar to permitted I Ises in
rcuvrtttlrrurva�n��c�'crve�iscv-�czcrr�i rrrc -cv�
aGG9Fd with the PFGViSiORS of 10.66.040. heFeef.
Section 7. Conditional Uses: In SDD8 the following conditional uses shall be
permitted subject to the issuance of a Conditional Use Permit in accord with the
provisions of Chapter X912-16, Conditional Uses, Vail Town Code, hereof:
A) Public utility and public service uses.
B) Public buildings, grounds and facilities.
C) Public or private schools.
D) Public park and recreational facilities.
E) Meeting rooms.
I=) Major arcade so Iang as it does not have any evteriar frontage OR anv_publit_
3 Ordinance No. 7, Series of 2013
imrrs�iw
Section 8. Accessory Uses: In SDD8 the following accessory uses shall be
permitted:
A) Indoor and outdoor recreational facilities, including but not limited to,
swimming pools and tennis courts.
B) Home occupations, subject to issuance of a home occupation permit in accord
with the provisions of 18.68.130 Section 12-14-12, Home Occupations, Vail
Town Code, hereof.
C) Other uses customarily incidental and accessory to permitted or conditional
uses and necessary for the operation thereof.
Section 9. Development Standards:
General Density Plan of SDD8, existing building maximum gross residential
floor area (square feet): 85,000 90,250.
Maximum number of dwelling units: 74 74.
Underground parking spaces: 443140.
Section 10. Recreational Amenities: The developer shall provide a parcel of
land of approximately 2 acres from land adjacent to SDD8, presently owned by it and
not necessarily contiguous to the SDD8, which parcel shall be used for recreational
amenities to be provided by the developer, and determined jointly by the developer of
SDD8 and the developer of said adjacent land subject to approval by the Town. The
owners of dwelling units located within SDD8 shall be entitled to use such amenities
pursuant to the rules and regulations of the homeowners' association governing the
recreational amenities parcel of which all owners of dwelling units in SDD8 and on said
adjacent land are members.
Section 11. Conditions of Approval:
1. The applicants shall each mitigate the employee generation impact created by
the addition of 5,132 square feet of GRFA (C-1, 2,661 sq. ft.; C-2, 954 sq. ft.;
1,517 C-3, sq. ft.) in accordance with the provisions of Chapter 12-24,
Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their
specific unit's impact according to the methods and timing prescribed in
Section 12-24-6, Methods of Mitigation, Vail Town Code.
2. Prior to requesting a Final Planning Inspection, the applicants shall amend the
plat and governing documents regarding the change in use for units C-1, C-2,
and C-3.
Section 13. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
4 Ordinance No. 7, Series of 2013
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 14. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 15. 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 16. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of October, 2014, and a
public hearing for second reading of this Ordinance set for the 21St day of October, 2014
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
An fig �*1f
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21St day of October, 2014.
ATTEST:
Patty McKenny, Town Clerk
Andrew P. Daly, Mayor
5 Ordinance No. 7, Series of 2013
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 2014, on the Town of Vail's web site, www.vailgov.com, on the 5th day of
November, 2014.
Witness my hand and seal this .5 day of ����, 2014.
Tammy gel
erk (seal)
•
ORDINANCE NO. 15
SERIES 2014
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO.
17, SERIES OF 1977, AMENDING SPECIAL DEVELOPMENT DISTRICT
NO. 8, FALLRIDGE, TO ALLOW FOR THE CONVERSION OF THREE
COMMERCIAL CONDOMINIUMS TO THREE RESIDENTIAL
CONDOMINIUMS, AND SETTING FORTH DETAILS IN REGARD
THERETO
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, Ordinance No. 17, Series of 1977, established Special Development
District No. 8, Fallridge, per the approved development plan; and
WHEREAS, Ordinance No. 6, Series of 1982, amended Chapter 18.41, Vail
Town Code, per the approved development plan; 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 reestablish Ordinance No. 17,
Series of 1977, to amend 'the approved development plan, allowing for the conversion of
three condominiums from commercial use to residential use, and
WHEREAS, said commercial property is an outlying use, while permitted, in what
is a predominantly residential area of Vail, and
WHEREAS, Special Development District No. 1 established a development plan
for the Sunburst Subdivision that was never fully realized due to financial insolvency,
leaving Phase I (Fallridge) as a remnant of incomplete development in an area with a
much different arrangement and intensity of land uses than originally envisioned, and
WHEREAS, in accordance with the provisions outlined in the Zoning
Regulations, the Planning and Environmental Commission held a public hearing on
September 22, 2014, on the major amendment application and has submitted its
recommendation of approval with conditions to the Vail Town Council by a vote of 7-0;
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
Ordinance No. 15, Series of 2014
WHEREAS, the approval procedures of Article 12-9A, Vail Town Code, have
been fulfilled; 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 re-establish Special Development District No. 8, Fallridge.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT: ORDINANCE NO. 17, SERIES OF 1977, IS
HEREBY REPEALED AND REENACTED WITH AMENDMENTS TO READ AS
FOLLOWS:
Section 1. The approval procedure prescribed in Section 12-9A-10,
Amendment Procedures, Vail Town Code have been fulfilled, and the Vail Town Council
has received the report of the Planning and Environmental Commission recommending
approval, of the proposed development plan for Special Development District No. 8.
Section 2. Pursuant to Section 12-9A-10, Amendment Procedures, Vail Town
Code, Ordinance No. 17, Series of 1977, is hereby repealed and reenacted, amending
the development plan for Special Development District No. 8, which eliminates
commercial as a permitted use for Lot 2, Sunburst Filing 3.
Section 3. Special Development District No. 8, a special development zoning
district, is hereby established for the development of a certain parcel of land comprising
1.3 acres in Sunburst Filing 3. The Official Zoning Map is hereby amended by the
addition of the following provisions set forth as "Special Development District No. 8" and
a map which shall become an addition to the Official Zoning Map.
Section 4. Purposes: Special Development District No. 8 is established to
ensure comprehensive development and use of an area in a manner that will be
harmonious with the general character of the Town, provide adequate open space and
recreational amenities, and promote the objectives of the Zoning Ordinance. The
development is regarded as complementary to the Town by the Town Council and the
Planning Commission, and there are significant aspects of the special development
which cannot be satisfied through the imposition of standard districts on the area.
Section 5. Established: Special Development District No. 8 is established for
the development of multi -family dwelling and GOmmeMial enteFPF on a parcel of land
comprising 1.3 acres in the formerly created S4X SDD1 area of the Town Special
Development District 8 and said 1.3 acres is referred to as "SDD8".
The existing building consisting of 74 74 dwelling units contains approximately
5,000 90,250 square feet of gross residential floor area and apPFGAFFIately 6,25G
and 443-140 underground parking spaces, and shall
be included in SDD8.
2 Ordinance No. 15, Series of 2014
Section 6. Permitted Uses: In SDD8 (existing building), the following uses
shall be permitted:
A) Multiple family residential dwellings.
More 5,250 squaFe feet ORGIWORg tile fQIIGWiRg-
Ar pa Fel 6teres
Art supply
steges and galleried
Beek DteFes-
GaFneFa stores and phategFaphiG studies
Gandy 6tAFes
Ghup-miware a -Rd glascwaFe steres
/R�+nrer, t'o
t7�Fe s
Hobby stefes
lewelni stereo
Leather neons steres
I iqueF stereo
StatiOReFy stereo
Toy steFes
Variety steres
BaFbeF shops
Beautysheps
Tr.wel enrJ tiGket agennieo
DeliGateooeno with food oePAGe
D)
aGGGrd with the provisions of 10.66.040. heFeaf.
Section 7. Conditional Uses: In SDD8 the following conditional uses shall be
permitted subject to the issuance of a Conditional Use Permit in accord with the
provisions of Chapter X912-16, Conditional Uses, Vail Town Code, hereof:
A) Public utility and public service uses.
B) Public buildings, grounds and facilities.
C) Public or private schools.
D) Public park and recreational facilities.
E) Meeting rooms.
3 Ordinance No. 15, Series of 2014
Section 8. Accessory Uses: In SDD8 the following accessory uses shall be
permitted:
A) Indoor and outdoor recreational facilities, including but not limited to,
swimming pools and tennis courts.
B) Home occupations, subject to issuance of a home occupation permit in accord
with the provisions of 1.8.58.130 Section 12-14-12, Home Occupations, Vail
Town Code, hereof.
C) Other uses customarily incidental and accessory to permitted or conditional
uses and necessary for the operation thereof.
Section 9. Development Standards:
General Density Plan of SDD8, existing building maximum gross residential
floor area (square feet): 55,090 90,250.
Maximum number of dwelling units: 74 74.
Maximum gmss-Gemmemial fleeF aFea (square feet)- 5,250.
Underground parking spaces: 443140.
Section 10. Recreational Amenities: The developer shall provide a parcel of
land of approximately 2 acres from land adjacent to SDD8, presently owned by it and
not necessarily contiguous to the SDD8, which parcel shall be used for recreational
amenities to be provided by the developer, and determined jointly by the developer of
SDD8 and the developer of said adjacent land subject to approval by the Town. The
owners of dwelling units located within SDD8 shall be entitled to use such amenities
pursuant to the rules and regulations of the homeowners' association governing the
recreational amenities parcel of which all owners of dwelling units in SDD8 and on said
adjacent land are members.
Section 11. Conditions of Approval:
1. The applicants shall each mitigate the employee generation impact created by
the addition of 5,132 square feet of GRFA (C-1, 2,661 sq. ft.; C-2, 954 sq. ft.;
1,517 C-3, sq. ft.) in accordance with the provisions of Chapter 12-24,
Inclusionary Zoning, Vail Town Code. Each applicant shall mitigate their
specific unit's impact according to the methods and timing prescribed in
Section 12-24-6, Methods of Mitigation, Vail Town Code.
2. Prior to requesting a Final Planning Inspection, the applicants shall amend the
plat and governing documents regarding the change in use for units C-1, C-2,
and C-3.
Section 13. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
4 Ordinance No. 15, Series of 2014
Q .o
r -
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 14. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 15. 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 16. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of October, 2014, and a
public hearing for second reading of this Ordinance set for the 4th day of November,
2014 in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 4th day of November, 2014.
ATTEST:
Patty McKenny, Town Clerk
Andrew P. Daly, Mayor
5 Ordinance No. 15, Series of 2014
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 2014, on the Town of Vail's web. site, . www.vailgov.com, on the 8th day of
October, 2014.
Witness my hand and seal this r -, day of ( l�Y its , 2014.
Tamm age��
�epat lerk (seal)
ORDINANCE NO. 16
SERIES 2014
AN ORDINANCE AMENDING THE VAIL TOWN CODE BY THE
ADDITION OF A NEW SECTION 6-3D-6, PROHIBITING THE USE OF
COMPRESSED FLAMMABLE GAS IN THC EXTRACTION IN THE
TOWN OF VAIL, AND SETTING FORTH DETAILS WITH REGARD
THERETO
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under
the laws of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, in 2000, Article XVIII, Section 14 to the Colorado Constitution
("Amendment 20") was passed by a majority of Colorado voters;
WHEREAS, in 2012, Article XVIII, Section 16 to the Colorado Constitution
("Amendment 64") was passed by a majority of Colorado voters;
WHEREAS, Amendment 20 legalizes the medical use of no more than 6
marijuana plants by persons with debilitating medical conditions, including the
production of marijuana;
WHEREAS, Amendment 64 legalizes the possessing, growing, processing or
transporting of no more than 6 marijuana plants for recreational use;
WHEREAS, C.R.S. § 9-7-113 provides that local governments may ban the use
of compressed flammable gas as a solvent in the extraction of THC or other
cannabinoids;
WHEREAS, Colorado has experienced a surge in home explosions and fires
resulting from THC extractions involving compressed flammable gasses; and
WHEREAS, pursuant to the authority granted to the Town by C.R.S. § 9-7-113,
and in the interests of the public health, safety and welfare, the Town Council desires to
make it unlawful to use compressed flammable gases in THC extraction in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 3 of Title 6 of the Vail Town Code is hereby amended by
the addition of the following new Section 6-3D-6:
10/8/2014
Ordinance 16, 2014
6-313-6: Compressed Flammable Gas Prohibited in THC
Extraction:
It is unlawful for a person to use any compressed flammable gas as a
solvent in the extraction of tetrahydrocannabinol ("THC') or any other
cannabinoid in the Town.
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 7th day of October, 2014 and a
public hearing for second reading of this Ordinance set for the 21St day of October,
2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Patty McKenny, Town Clerk
Andrew P. Daly, Mayor
2 10/8/2014
Ordinance 16, 2014
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 2014, on the Town of Vail's web site, www.vail.gov.com, on the 5th day of
November, 2014.
Witness my hand and seal this day of mel , 2014.
Ta my Na el
Dep rk (seal)
ORDINANCE NO. 17
SERIES OF 2014
AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMEN P MENT, PURSUANT
TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, O ALLOW FOR A
REZONING OF A PORTION OF PARCEL 1 OF THE GOLDEN/PEAK SKI BASE AND
RECREATION DISTRICT PARCEL SUBDIVISION FROM SK/ I BASE RECREATION
DISTRICT TO SKI BASE RECREATION 2 DISTRICT, LOCATED AT 460 VAIL
VALLEY DRIVE/PARCEL 1, GOLDEN PEAK SKI BA�E AND RECREATION
DISTRICT PARCEL SUBDIVISION, 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 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, Section 12-3-7, Amendment, Vail Town_ Code, sets forth the procedures for
amending a zone district boundary; and,
WHEREAS, the subject property, described in Exhibits A and B, attached hereto and
incorporated herein by this reference, (the "subject property"); and,
WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of
1973, to establish comprehensive zoning regulations for the Town of Vail; and,
WHEREAS, Vail Resorts, Inc., intends to transfer the subject property to the Ski and
Snowboard Club Vail so that it may be combined with the existing Ski and Snowboard
Club parcel; and,
WHEREAS, the purpose of the amendment is to establish a development site with
uniform zoning for the redevelopment of the Ski and Snowboard Club Vail Clubhouse;
and,
WHEREAS, on October 27, 2014, the Town of Vail Planning and Environmental
Commission held a public hearing on the zone district boundary amendment to rezone
the subject property from Ski Base Recreation District to Ski Base Recreation 2 District;
and,
WHEREAS, on October 27, 2014, the Town of Vail Planning and Environmental
Commission forwarded a unanimous recommendation of approval to the Vail Town
Council for the zone district boundary amendment; and,
WHEREAS, the Vail Town Council finds and determines that the amendment is
Ordinance No. 17, Series 2014
- 1 -
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 promote the coordinated
and harmonious development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. This ordinance adopts the following zone district boundary
amendment as further described in Exhibits A and B:
A rezoning from the Ski Base Recreation District to Ski Base Recreation 2
District
Section 2. Condition Precedent and Expiration The rezoning set forth
in Section 1 hereof shall take effect on the date that the Final Plat for the Golden
Peak Ski Base and Recreation Parcel Subdivision, creating Parcel 3, is properly
recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat
for the Golden Peak Ski Base and Recreation Parcel Subdivision, creating Parcel 3,
has not been properly recorded by October 27, 2016 the rezoning set forth in
Section 2 hereof shall not take effect.
Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town
Council finds and determines the follows:
a. The zone district boundary amendment is consistent with the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and compatible
with the development objectives of the town;
b. The zone district boundary amendment is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas; and,
c. The zone district boundary 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.
Ordinance No. 17, Series 2014
-2-
d. This ordinance is necessary and proper for the health, safety and welfare of
the Town of Vail and the inhabitants thereof.
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 amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2014, and
a public hearing for second reading of this Ordinance set for the 18th day of November,
2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 17, Series 2014
-3-
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 18th day of November, 2014.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 17, Series 2014
-4-
Exhibit A
PROPERTY DESCRIPTION
That part of Parcel 1, Galden Peak Ski Rome and Recreation DiltriaL Parael, according to the mop
thereof recorded to the office of the Eagle County, Colorado, Clerk and Recorder• described ae
follows;
Beginning at a point on the nartherty boundary of cold Parcel 1, also being the southerly right of
way of Vail Valley 06m, whence the northeasterly comer of said Parcel 1 gammon with the
northwesterly earner of Pince del Norte Condominiums, according to the map thereof recorded in
the office of the Eagle County Colorado, Clerk and Recorder bears S0271922'E 37.51 feet;
thmm departing said line 5225D'D4"UV 199.33 feet; thence N87*D9'56%r 177.42 feet;
thence N22'50'04'E 134,17 foot to Bald northerly boundary of Parcel 11 thence along sold
boundary ZiW21104'E 20,42 feat to the northwaborly comer gf the Ski and Snowboard Club
Vail Parcel as recorded in Book 247. Page 16, in the office of the Eagle County. Colorado. Clark
and Recorder, thence the following 3 courece alone the westerly, eautherly, and easterly linea of
cold Ski and Snowboard Club Vdl Parcel: 1) 53D'39'56iV 80.DD feet; 2) 55710'34'E
165.28 feet; 3) N07'35'59'E 90.00 feet; thence along said northsry line of Parcel 1
58719'221= 39.18 feet; to the point of beginning, containing D.2578 cera, mare or less.
+I�D Ll�+y
s.
Stan H fdla S
Colored P.IS '�2H598 L� �.
Eagle 1 5 y1nijigi ..
♦r�Wrss Lf3'��,I"
0' 100'
SCALM 1'-100'
lIt
44f."O T' }
SKI AND SNOWBOARD
CLUB VAIL
530139'§ B'w
(BOOK 2-47, PAGE 19)
9D.00
20.42 `
SOT19'22E
�8.H8'
N2750b4'E 9. T8
134.17' NOT35199'E
B>51
80.00'
T7p•
o
DE5CR113ED PARCEL �' 7
o,25B ACRES 4e a
ro PI DEL
7>�Qz•,�
NO
PARCEL 1
GOLDEN PEAU( SKI BASE k
4
RECREATION DISTRICT PARCEL
` 4
Ordinance No. 17, Series 2014
-5-
JOB No. 1098
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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. 18 Series
of 2014, on the Town of Vail's web site, www.vailgov.com, on the 5th day of
November, 2014.
Witness my hand and seal this day ofd, 2014.
4yV
agelerk (seal)
ORDINANCE NO. 18
SERIES OF 2014
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, 2015 THROUGH DECEMBER 31, 2015
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 2015 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, 2015, and ending on the 31St day of December,
2015:
FUND
AMOUNT
General Fund
$35,539,969
Capital Projects Fund
11,278,260
Real Estate Transfer Tax Fund
5,825,378
Vail Marketing Fund
317,100
Heavy Equipment Fund
3,301,646
Dispatch Services Fund
2,529,096
Health Insurance Fund
4,445,000
Timber Ridge Enterprise Fund
1,179,343
Total
64,415,792
Less Interfund Transfers
7,144,748
Net Expenditure Budget
57,271,044 Ij
Ordinance No. 18, Series of 2014
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2015 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 4th day of November, 2014. A public hearing shall be
held hereon on the 18th day of November, 2014, 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.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 18, Series of 2014
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 2014, on the Town of Vail's web site, www.vailgov.com, on the 19" day of
November, 2014.
Witness my hand and seal this )G] day of l��rv�lz/ .2014.
Tam Nagel_
Deputy Clerk (seal)
ORDINANCE NO. 17
SERIES OF 2014
AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT
TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A
REZONING OF A PORTION OF PARCEL 1 OF THE GOLDEN PEAK SKI BASE AND
RECREATION DISTRICT PARCEL SUBDIVISION FROM SKI BASE RECREATION
DISTRICT TO SKI BASE RECREATION 2 DISTRICT, LOCATED AT 460 VAIL
VALLEY DRIVE/PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION
DISTRICT PARCEL SUBDIVISION, 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 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, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for
amending a zone district boundary; and,
WHEREAS, the subject property, described in Exhibits A and B, attached hereto and
incorporated herein by this reference, (the "subject property"); and,
WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of
1973, to establish comprehensive zoning regulations for the Town of Vail; and,
WHEREAS, Vail Resorts, Inc., intends to transfer the subject property to the Ski and
Snowboard Club Vail so that it may be combined with the existing Ski and Snowboard
Club parcel; and,
WHEREAS, the purpose of the amendment is to establish a development site with
uniform zoning for the redevelopment of the Ski and Snowboard Club Vail Clubhouse;
and,
WHEREAS, on October 27, 2014, the Town of Vail Planning and Environmental
Commission held a public hearing on the zone district boundary amendment to rezone
the subject property from Ski Base Recreation District to Ski Base Recreation 2 District;
and,
WHEREAS, on October 27, 2014, the Town of Vail Planning and Environmental
Commission forwarded a unanimous recommendation of approval to the Vail Town
Council for the zone district boundary amendment; and,
WHEREAS, the Vail Town Council finds and determines that the amendment is
0,dm nce N. 17, Series 2014
_1_
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 promote the coordinated
and harmonious development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community
of the highest quality.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. This ordinance adopts the following zone district boundary
amendment as further described in Exhibits A and B:
A rezoning from the Ski Base Recreation District to Ski Base Recreation 2
District
Section 2. Condition Precedent and Expiration The rezoning set forth
in Section 1 hereof shall take effect on the date that the Final Plat for the Golden
Peak Ski Base and Recreation Parcel Subdivision, creating Parcel 3, is properly
recorded with the Eagle County Clerk and Recorder, provided that, if the Final Plat
for the Golden Peak Ski Base and Recreation Parcel Subdivision, creating Parcel 3,
has not been properly recorded by October 27, 2016 the rezoning set forth in
Section 2 hereof shall not take effect.
Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town
Council finds and determines the follows:
a. The zone district boundary amendment is consistent with the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and compatible
with the development objectives of the town,
b. The zone district boundary amendment is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas; and,
c. The zone district boundary 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.
Ordinance No. 17, Series 2014
-2-
d. This ordinance is necessary and proper for the health, safety and welfare of
the Town of Vail and the inhabitants thereof.
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 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 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.
INTROD. CED, READ ON IRST READIN_, APPROVED, AND ORDERED
PFB.-]SHED ONCE IN - ON i IRST READIN this 4" day of November, 2014, and
a public hearing for second reading of this Ordinance set for the 18'h day of November,
2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTESTi
Patty McKenny, Town Clerk
Ord,n.nce Na. 17, Series 2014
-3-
READ AND APPROVED ON SECOND READINi AND ORDERED P- BUSHED
this 18th day of November, 2014.
Andrew P. Daly, Mayor
ATTEST
Patty McKenny, Town
Ordinance No. 17. Series 2014
-4-
Exhibit A
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u. s. .1 m. si m.nss.�d�,d iii.Mrv«. a.M GM MwaN«X ¢ V , . a, 1 .i
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JOB N. 1098
Ordinance No. 17. Series 2014
-S-
Ordinance No. 17. Series 2014
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 2014, on the Town of Vail's web site, www.vailgov.com, on the 191" day of
November, 2014.
Witness my hand and seal this )q day of 12014.
l
4epTa
m agel
uty Clem - (seal)
ORDINANCE NO. 18
SERIES OF 2014
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. 2015 THROUGH DECEMBER 31. 2015
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 2015 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:
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, 2015, and ending on the 31" day of December,
2015:
FUND AMOUNT
General Fund
$35,539,969
Capital Projects Fund
11,278,260
Real Estate Transfer Tax Fund
5,825,378
Vail Marketing Fund
317,100
Heavy Equipment Fund
3,301,646
Dispatch Services Fund
2,529,096
Health Insurance Fund
4,445,000
Timber Rid a Enter rise Fund
1,179,339
Total
64,415,788
Less Interfund Transfers
7,144,748
Net Expenditure Budget
57,271,040
Ortl,na N. 18, Series of 2014
3. The Town Council hereby adopts the full and complete Budget and Financial
Plan for the 2015 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 4th day of November, 2014. A public hearing shall be
held hereon on the 18th day of November, 2014, 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.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinan re No. 18, Series or 2014
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN
FULL this 18th day of November 2014.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 18, Series of 2014
PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 19 Series
of 2014, on the Town of Vail's web site, www.vailgov.com, on the 19'" day of
November. 2014.
Witness my hand and seal this )9 �' day of2014.
1
Tam el
_DQpufy2rler
k- (seal)
ORDINANCE NO. 19
SERIES OF 2014
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2013 TAX YEAR AND
PAYABLE IN THE 2014 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 2014 year and payable in the 2015
fiscal year.
NOW, -THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
For the purpose of defraying part of the operating and capital expenses of the
'Town of Vail, Colorado, during its 2015 fiscal year, the Town Council hereby levies a property
tax of 4.735 mills upon each dollar of the total assessed valuation of $878,875,410 for the 2014
tax year of all taxable property within the Town, which will result in a gross tax levy of
$4,161,233 calculated as follows:
Base mill levy 4.690 $4,121,926
Abatement levy .045 39,307
'Total mill levy 4.735 4 161 23
Said assessment shall be duly made by the County of Cagle, 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.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued.
Ordinance 19, Series of 2014
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.
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 I8th day of November, 2014. A public hearing shall be
held hereon at 6 P.M. on the 2nd day of December, 2014, at the regular meeting of the Town
Council of the Town of Vail, Colorado, in the Municipal Building of the Town.
Andrew P. Daly, Mayor
ATITS 'I :
Patty McKenny, Town Clerk
Ordinance 19, Series of 20 14
PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 19 Series
of 2014, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of
December, 2014.
Witness my hand and seal this, day of �.p o,r,ra%e�/ 2014.
C
Tamm
(Deput (seal)
ORDINANCE NO. 19
SERIFS OF 2014
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2014 TAX YEAR AND
PAYABLE. IN THE 2015 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 2014 year and payable in the 2015
fiscal year.
NOW. THEREFORE, he it ordained by the Town Council of the Town of Vail-
( olorado.
ail_
Colorado. that:
For the purpose of defraying pan of the operating and capital expenses of the
Town of Vail. Coloindo, during its 2015 fiscal year, the Town Council hereby levies a property
tax of 4.735 mills upon each dollar of the total assessed valuation of $878,782,510 for the 2014
tax year of all taxable property within the I own. which will result in a gross tax levy of
54.160.797 calculated as follows:
Base mill levy 4.690 $4,121,490
Abatement levy .045 39.307
Total mill leve 4.735 $4,100—
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.
lfie 'I own Council hercM Inds. determines, and declares that this ordinance is
necessary and proper for the health. safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued,
Ordinance 19. Series of 2014
any duty imposed. any violation that occurred prior to the effective date he 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
heroin.
s. All bylaws. orders, resolutions. and ordinances. or parts thereof. inconsistent
herewith are repealed to the extent only of such inconsistence. This repealer shall not be
construed to revise any bylaw, order. resolution, or ordinance, or part thereof. theretofore
repealed.
INIRODt1C ED, READ ON FIKS I READING. APPKOVED AND OKDERED
PUBLISIIED ONCE IN Ft LL, this I Bth day of November. 2014. A public hearing shall be
held hereon at 6 P.M. on the 2nd day of December. 2014, at the regular meeting of the Tovn
Council of the Town of Vail_ Colorado, in the Municipal Building of the Town.
Andrew P. Daly. Mayor
"W1WIN
fatty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this
2ntl day of December 2014.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance 19, Series of 2014
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 2014, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of
December. 2014.
Witness my hand and seal this day of �.��pm-��¢,,/ 2014.
DeTamm agel_,_
puty Clerk (seal)
ORDINANCE NO. 20
SERIES OF 2014
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH
SERVICE FUND, HEAVY EQUIPMENT FUND AND TIMBER RIDGE ENTERPRISE FUND OF
THE 2014 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 2014 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
15, Series of 2013, adopting the 2014 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 2014 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund
$ 239,171
Capital Projects Fund
69,000
Real Estate Transfer Tax Fund
825,500
Dispatch Services Fund
7,500
Heavy Equipment Fund
26,000
Timber Ridge Enterprise Fund
799.052
Total
$ 1,966,223
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
Ordi is — No. 20, Series or 2014
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that anyone 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 priorto 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 December, 2014, and a public hearing shall be held on this
Ordinance on the 16th day of December, 2014, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the town.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town
Oudinanm N. 20, Sums ur 2014
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 2014, on the Town of Vail's web site, www.vailgov.com, on the 17th day of
December, 2014.
t
Witness my hand and seal this day of � % � .-,(, r: ✓' , 2014.
Tamm agel _
Oepurty Clerk (seal)
ORDINANCE NO. 20
SERIES OF 2014
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH
SERVICE FUND, HEAVY EQUIPMENT FUND AND TIMBER RIDGE ENTERPRISE FUND OF
THE 2014 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 2014 which could not have
been reasonably foreseen oranticipated bythe Town Council atthe time it enacted Ordinance No.
15, Series of 2013, adopting the 2014 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 orderto 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 2014 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund
$ 239,171
Capital Projects Fund
235,100
Real Estate Transfer Tax Fund
825,500
Dispatch Services Fund
7,500
Heavy Equipment Fund
26,000
Timber Ridge Enterprise Fund
795 229
Total
$ 2,128,500
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
nw000k ,,,. m, S-- of 14
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that anyone or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 2nd day of December, 2014, and a public hearing shall be held on this
Ordinance on the 16th day of December, 2014, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the town.
Andrew P. Daly, Mayor
ATTEST.
Patty McKenny, Town Clerk
READ ANDAPPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULLthis 16th
day of December 2014.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
aN,nanm No 'o, Ser— of 20 14