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Home My WebLink About2017 - Proof of PublicationPROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 1 Series of 2017, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of March, 2017. Witness my hand and seal this 22nd day of March, 2017. Tammy Nagel Deputy Clerk ORDINANCE NO. 1 SERIES 2017 AN ORDINANCE AMENDING TITLE 3, CHAPTER 6, SECTION 8 OF THE VAIL TOWN CODE, REGARDING TOWN COUNCIL CALL UP OF COMMISSION ON SPECIAL EVENTS FUNDING DECISIONS 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 Town Council wishes to amend the Town Code as it relates to the timeframe in which it can call up and review funding decisions made by the Town Commission on Special Events. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 3-6-8(B) of the Vail Town Code is hereby amended to read as follows: B. Any appeal must be filed in writing within ten (10) days following the decision of the CSE, or must be called up by the town council within sixty (60) ten (10) days of the decision. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This Ordinance No. 1, Series of 2017 repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of March, 2017 and a public hearing for second reading of this Ordinance is set for the 4th day of April, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 1, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 1 Series of 2017, on the Town of Vail's web site, www.vailgov.com, on the 5TH day of April, 2017. Witness my hand and seal this 5th day of April, 2017. Tammy Nagel Deputy Clerk ORDINANCE NO. 1 SERIES 2017 AN ORDINANCE AMENDING TITLE 3, CHAPTER 6, SECTION 8 OF THE VAIL TOWN CODE, REGARDING TOWN COUNCIL CALL UP OF COMMISSION ON SPECIAL EVENTS FUNDING DECISIONS 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 Town Council wishes to amend the Town Code as it relates to the timeframe in which it can call up and review funding decisions made by the Town Commission on Special Events. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 3-6-8(B) of the Vail Town Code is hereby amended to read as follows: B. Any appeal must be filed in writing within ten (10) days following the decision of the CSE, or must be called up by the town council within sixty (60) ten (10) days of the decision. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This Ordinance No. 1, Series of 2017 repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of March, 2017 and a public hearing for second reading of this Ordinance is set for the 4th day of April, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th day of April, 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 1, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 2 Series of 2017, on the Town of Vail's web site, www.vailgov.com, on the 5TH day of April, 2017. Witness my hand and seal this 5th day of April, 2017. 'c ----6c\--' Tammy Nagel Deputy Clerk ORDINANCE NO. 2 SERIES OF 2017 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND HEAVY EQUIPMENT FUND OF THE 2017 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 2017 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 28, Series of 2016, adopting the 2017 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2016 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 185,764 Capital Projects Fund 32,507,348 Real Estate Transfer Tax Fund 5,998,102 Heavy Equipment Fund 10,000 Total $ 38,701,214 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 Ordinance No. 2, Series of 2017 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 4th day of April, 2017, and a public hearing shall be held on this Ordinance on the 2nd day of May, 2017, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 2, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 2 Series of 2017, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of May, 2017. Witness my hand and seal this 3rd day of May, 2017. ''c--'\--`' Tammy Nagel Deputy Clerk ORDINANCE NO. 2 SERIES OF 2017 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND HEAVY EQUIPMENT FUND OF THE 2017 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 2017 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 28, Series of 2016, adopting the 2017 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2016 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 270,764 Capital Projects Fund 34,312,348 Real Estate Transfer Tax Fund 5,868,102 Heavy Equipment Fund 10,000 Total $ 40,461,214 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 Ordinance No. 2, Series of 2017 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 4th day of April, 2017, and a public hearing shall be held on this Ordinance on the 2nd day of May, 2017, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 2nd day of May 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 2, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Patty McKenny, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of June, 2017. Witness my hand and seal this 22nd day of June, 2017. fi‘`' Patty MCKen Town Clerk ORDINANCE NO. 4 SERIES 2017 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 26, ENTITLED "TRANSPORTATION IMPACT FEES" WHEREAS, to ensure the provision of adequate public transportation services and facilities in the Town, the Town Council wishes to condition certain land use approvals on payment of a transportation impact fee; WHEREAS, it is widely recognized that municipalities may impose exactions (impact fees) on the granting of land use approvals, provided that there is an essential nexus between the exaction and a legitimate local government interest, and provided that the exaction is roughly proportional, both in nature and extent, to the impact of the proposed use or development, pursuant to Nollan v. California Coastal Comm'n, 483 U.S. 825 (1987), Dolan v. City of Tigard, 512 U.S. 374 (1994); C.R.S. § 29-20-203 and related case law; WHEREAS, the Town has conducted and adopted a study to provide the basis for the imposition of the transportation impact fee and to determine the appropriate amount of the transportation impact fee, which study was prepared by TischlerBise on March 10, 2017; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting regulations delineating the Town's procedure for imposing a transportation impact fee. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12 of the Vail Town Code is hereby amended by the addition of a new Chapter 26, which shall read as follows: CHAPTER 26 TRANSPORTATION IMPACT FEES 12-26-1: FINDINGS AND PURPOSE: A. Findings. The Town Council finds and determines as follows: 1. A legitimate, identifiable public purpose is served by requiring a transportation impact fee for new development and redevelopment projects in the Town; 2. There is an essential nexus between the transportation impact fee imposed in this Chapter and the Town's interest in providing transportation infrastructure, facilities and services; 1 Ordinance No. 4, Series of 2017 3. The Town is acting within its power to provide transportation infrastructure, facilities and services; 4. But for new development and redevelopment projects, the Town would not be considering either the provision or expansion of transportation infrastructure, services or facilities; 5. New development and redevelopment projects are contributing causes to the need for new or expanded transportation infrastructure, facilities and services; 6. The Town would be legally justified in denying applications for new development or redevelopment projects unless the transportation impact fee is imposed, because of the burden the new development or redevelopment projects would place on the Town's transportation infrastructure, facilities and services; and 7. The Town has conducted a study to determine the amount of the transportation impact fee, and the study demonstrates that the transportation impact fee will be roughly proportional, both in nature and extent, to the impacts of new development and redevelopment projects. B. Purpose. The purpose of this Chapter is to impose a transportation impact fee on new development and redevelopment projects in the Town, as set forth herein. 12-26-2: APPLICABILITY: A. The transportation impact fee shall be imposed on the following construction, development or redevelopment in the Town: 1. For commercial development (except accommodation units), on any net new square footage to be constructed. 2. For residential development, on each new residential unit to be constructed. 3. For accommodation units, on each new accommodation unit to be constructed. B. The transportation impact fee shall not be imposed on the construction, development or redevelopment of any Employee Housing Unit. 12-26-3: FEE: The transportation impact fee shall be in the amount set by resolution of the Town Council. The fee shall be imposed by the Community 2 Ordinance No. 4, Series of 2017 Development Department, Design Review Board, Planning and Environmental Commission or Town Council, as part of the last land use approval for the project. The fee shall be payable prior to issuance of the building permit for the project. 12-26-4: CREDIT: A. An applicant may apply for a credit as set forth in this Section, which credit shall be applied to offset the transportation impact fee that would otherwise be imposed for the project. B. Credit shall be provided for any dedication or conveyance of land from the applicant to the Town. The amount of the credit shall be the present, fair market value of the land being dedicated or conveyed, as determined by the Town in its reasonable discretion. C. Credit shall be provided for any construction of Town -approved System Level transportation infrastructure or facilities as identified in the Vail Transportation Impact Fee Study, undertaken by the applicant at the applicant's cost that offset the transportation impacts of the project. The transportation infrastructure or facilities may be constructed as part of the project, or in other areas of the Town, as determined by the Town and the applicant. The value of the credit shall be determined by the Town, in its reasonable discretion, considering the total cost of construction and other relevant factors. D. Credit shall be provided for any transportation services provided by the applicant at the applicant's cost, that offset the transportation impacts of the project, as approved by the Town. The value of the credit shall be determined by the Town, in its reasonable discretion, considering actual costs to provide the services and other relevant factors. 12-26-5: REVIEW: A. An applicant aggrieved by the application of this Chapter by the Community Development Department, the Planning and Environmental Commission or Design Review Board may apply for review by the Town Council, by filing a written request for review within 10 days of the decision at issue. B. Within 30 days of receipt of the written request, the Town Council shall hold a public hearing. At such hearing, the burden of proof shall be on the applicant to establish that the imposition of the transportation impact fee as assessed would result in an unconstitutional taking of private property without just compensation. C. If the Town Council determines that the application of this Chapter would result in an unconstitutional taking of private property without just 3 Ordinance No. 4, Series of 2017 compensation, the Town Council may decrease the transportation impact fee (or increase any credit) to ensure that there is no unconstitutional taking. The decision of the Town Council shall be final, subject only to judicial review pursuant to C.R.C.P. 106(a)(4). D. An applicant aggrieved by the application of this Chapter by the Town Council may seek judicial review pursuant to C.R.C.P. 106(a)(4). 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. 4 Ordinance No. 4, Series of 2017 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of June, 2017 and a public hearing for second reading of this Ordinance set for the 11th day of July, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 5 Ordinance No. 4, Series of 2017 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 4, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 12th day of July, 2017. Witness my hand and seal this 12th day of July, 2017. 'c ----6c\--' Tammy Nagel Deputy Clerk ORDINANCE NO. 4 SERIES 2017 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 26, ENTITLED "TRANSPORTATION IMPACT FEES" WHEREAS, to ensure the provision of adequate public transportation services and facilities in the Town, the Town Council wishes to condition certain land use approvals on payment of a transportation impact fee; WHEREAS, it is widely recognized that municipalities may impose exactions (impact fees) on the granting of land use approvals, provided that there is an essential nexus between the exaction and a legitimate local government interest, and provided that the exaction is roughly proportional, both in nature and extent, to the impact of the proposed use or development, pursuant to Nollan v. California Coastal Comm'n, 483 U.S. 825 (1987), Dolan v. City of Tigard, 512 U.S. 374 (1994); C.R.S. § 29-20-203 and related case law; WHEREAS, the Town has conducted and adopted a study to provide the basis for the imposition of the transportation impact fee and to determine the appropriate amount of the transportation impact fee, which study was prepared by TischlerBise on March 10, 2017; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting regulations delineating the Town's procedure for imposing a transportation impact fee. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12 of the Vail Town Code is hereby amended by the addition of a new Chapter 26, which shall read as follows: CHAPTER 26 TRANSPORTATION IMPACT FEES 12-26-1: FINDINGS AND PURPOSE: A. Findings. The Town Council finds and determines as follows: 1. A legitimate, identifiable public purpose is served by requiring a transportation impact fee for new development and redevelopment projects in the Town; 2. There is an essential nexus between the transportation impact fee imposed in this Chapter and the Town's interest in providing transportation infrastructure, facilities and services; 1 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEESI2016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX 3. The Town is acting within its power to provide transportation infrastructure, facilities and services; 4. But for new development and redevelopment projects, the Town would not be considering either the provision or expansion of transportation infrastructure, services or facilities; 5. New development and redevelopment projects are contributing causes to the need for new or expanded transportation infrastructure, facilities and services; 6. The Town would be legally justified in denying applications for new development or redevelopment projects unless the transportation impact fee is imposed, because of the burden the new development or redevelopment projects would place on the Town's transportation infrastructure, facilities and services; and 7. The Town has conducted a study to determine the amount of the transportation impact fee, and the study demonstrates that the transportation impact fee will be roughly proportional, both in nature and extent, to the impacts of new development and redevelopment projects. B. Purpose. The purpose of this Chapter is to impose a transportation impact fee on new development and redevelopment projects in the Town, as set forth herein. 12-26-2: APPLICABILITY: A. The transportation impact fee shall be imposed on the following construction, development or redevelopment in the Town: 1. For commercial development (except accommodation units), on any net new square footage to be constructed. 2. For residential development, on each new residential unit to be constructed. 3. For accommodation units, on each new accommodation unit to be constructed. B. The transportation impact fee shall not be imposed on the construction, development or redevelopment of any Employee Housing Unit. 12-26-3: FEE: The transportation impact fee shall be in the amount set by resolution of the Town Council. The fee shall be imposed by the Community 2 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEES12016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX Development Department, Design Review Board, Planning and Environmental Commission or Town Council, as part of the last land use approval for the project. The fee shall be payable prior to issuance of the building permit for the project. 12-26-4: CREDIT: A. An applicant may apply for a credit as set forth in this Section, which credit shall be applied to offset the transportation impact fee that would otherwise be imposed for the project. B. Credit shall be provided for any dedication or conveyance of land from the applicant to the Town. The amount of the credit shall be the present, fair market value of the land being dedicated or conveyed, as determined by the Town in its reasonable discretion. C. Credit shall be provided for any construction of Town -approved transportation infrastructure or facilities undertaken by the applicant at the applicant's cost that offset the transportation impacts of the project. The transportation infrastructure or facilities may be constructed as part of the project, or in other areas of the Town, as determined by the Town and the applicant. The value of the credit shall be determined by the Town, in its reasonable discretion, considering the total cost of construction and other relevant factors. D. Credit shall be provided for any transportation services provided by the applicant at the applicant's cost, that offset the transportation impacts of the project, as approved by the Town. The value of the credit shall be determined by the Town, in its reasonable discretion, considering actual costs to provide the services and other relevant factors. 12-26-5: REVIEW: A. An applicant aggrieved by the application of this Chapter by the Community Development Department, the Planning and Environmental Commission or Design Review Board may apply for review by the Town Council, by filing a written request for review within 10 days of the decision at issue. B. Within 30 days of receipt of the written request, the Town Council shall hold a public hearing. At such hearing, the burden of proof shall be on the applicant to establish that the imposition of the transportation impact fee as assessed would result in an unconstitutional taking of private property without just compensation. C. If the Town Council determines that the application of this Chapter would result in an unconstitutional taking of private property without just 3 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEES12016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX compensation, the Town Council may decrease the transportation impact fee (or increase any credit) to ensure that there is no unconstitutional taking. The decision of the Town Council shall be final, subject only to judicial review pursuant to C.R.C.P. 106(a)(4). D. An applicant aggrieved by the application of this Chapter by the Town Council may seek judicial review pursuant to C.R.C.P. 106(a)(4). 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. 4 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEES12016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2017 and a public hearing for second reading of this Ordinance set for the day of 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 5 Dave Chapin, Mayor 6/1/2017 S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEES12016 UPDATEICOUNCIL 6-6-171ORDINANCE 4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5 Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 7th day of June, 2017. Witness my hand and seal this 7th day of June, 2017. Tammy Nagel Deputy Clerk ORDINANCE NO. 5 SERIES OF 2017 AN ORDINANCE OF THE VAIL TOWN COUNCIL APPROVING AN ENCROACHMENT INTO AN EXISTING VIEW CORRIDOR TO ACCOMMODATE MODIFICATIONS TO THE HILL BUILDING, LOCATED AT 254 AND 311 BRIDGE STREET, LOTS C & L, BLOCK 5C, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Vail Town Code § 12-22-6 allows the Town Council to approve encroachments into existing view corridors by ordinance, upon the satisfaction of certain criteria; WHEREAS, the Town received an application to allow an encroachment into an existing view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge Street (the "Application"); WHEREAS, at a properly -noticed hearing on May 8, 2017, the Planning and Environmental Commission reviewed the Application, and thereafter voted to recommend that the Town Council approve the Application; and WHEREAS, on June 6, 2017, the Town Council held a properly -noticed public hearing on the Application, and after considering the comments of Town staff, the recommendation of the Planning and Environmental Commission and public input, the Town Council wishes to approve the Application. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council finds that the Application satisfies the criteria set forth in Vail Town Code § 12-22-6.C., by clear and convincing evidence. Section 2. Based on such finding, the Town Council hereby approves the Application, and authorizes the encroachment into the view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge Street, as more particularly described in Exhibit A. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. 1 6/1/2017 Q:IUSERSIVAILIORDI20171HILL VIEW ENCROACH-0060117.DOCX Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of June, 2017 and a public hearing for second reading of this Ordinance is set for the 22nd day of June, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk Dave Chapin, Mayor 2 6/1/2017 Q:IUSERSIVAILIORDI20171HILL VIEW ENCROACH-0060117.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Patty McKenny, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 5 Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of June, 2017. Witness my hand and seal this 22nd day of June, 2017. ORDINANCE NO. 5 SERIES OF 2017 AN ORDINANCE OF THE VAIL TOWN COUNCIL APPROVING AN ENCROACHMENT INTO AN EXISTING VIEW CORRIDOR TO ACCOMMODATE MODIFICATIONS TO THE HILL BUILDING, LOCATED AT 254 AND 311 BRIDGE STREET, LOTS C & L, BLOCK 5C, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Vail Town Code § 12-22-6 allows the Town Council to approve encroachments into existing view corridors by ordinance, upon the satisfaction of certain criteria; WHEREAS, the Town received an application to allow an encroachment into an existing view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge Street (the "Application"); WHEREAS, at a properly -noticed hearing on May 8, 2017, the Planning and Environmental Commission reviewed the Application, and thereafter voted to recommend that the Town Council approve the Application; and WHEREAS, on June 6, 2017, the Town Council held a properly -noticed public hearing on the Application, and after considering the comments of Town staff, the recommendation of the Planning and Environmental Commission and public input, the Town Council wishes to approve the Application. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council finds that the Application satisfies the criteria set forth in Vail Town Code § 12-22-6.C., by clear and convincing evidence. Section 2. Based on such finding, the Town Council hereby approves the Application, and authorizes the encroachment into the view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge Street, as more particularly described in Exhibit A. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. 1 6/1/2017 Q:IUSERSIVAILIORDI20171HILL VIEW ENCROACH-0060117.DOCX Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of June, 2017 and a public hearing for second reading of this Ordinance is set for the 22nd day of June, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 22nd day of June, 2017. ATTEST: Patty McKenny, Town Clerk Dave Chapin, Mayor 2 6/1/2017 Q:IUSERSIVAILIORDI20171HILL VIEW ENCROACH-0060117.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 12th day of July, 2017. Witness my hand and seal this 12th day of July, 2017. 'c ----6c\--' Tammy Nagel Deputy Clerk ORDINANCE NO. 6 SERIES OF 2017 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF LOT 2E AND LOT 2E-1, BLOCK 1, VAIL LIONSHEAD SECOND FILING, FROM LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT TO THE GENERAL USE (GU) DISTRICT, AND A REZONING OF LOT F-1, VAIL VILLAGE SECOND FILING LOT E AND F, LOT 2E VAIL/LIONSHEAD, SECOND FILING, BLOCK 1, A RESUBDIVISION OF LOT 2, FROM GENERAL USE (GU) DISTRICT TO LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT, LOCATED AT 180 AND 250 SOUTH FRONTAGE ROAD WEST, 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 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; and, WHEREAS, the purpose of the amendment is to establish a development sites with uniform zoning for the redevelopment of the Evergreen Lodge and the Vail Valley Medical Center; and, WHEREAS, on June 26, 2017, the Town of Vail Planning and Environmental Commission held a public hearing on the zone district boundary amendment to rezone the subject properties; and, WHEREAS, on June 26, 2017, 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 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, Ordinance No. 6, Series 2017 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 Exhibit A: A rezoning of Lot 2E and Lot 2E-1, Block 1, Vail/Lionshead Second Filing, from Lionshead Mixed Use 1 (LMU-1) District to the General Use (GU) District, and a rezoning of Lot F-1, Vail Village Second Filing Lot E and F, Lot 2E Vail/Lionshead, Second filing, Block 1, a Resubdivision of Lot 2, from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1) District, located at 180 and 250 South Frontage Road West. Section 2. Condition Precedent The rezoning set forth in Section 1 hereof shall take effect on the date that the Final Plats for Vail Village Second Filing, Lot E and Lot F, Lot 2E, Vail Lionshead Second Filing, Block 1, a Resubdivision of Lot 2, creating Lot F-1 and Vail/Lionshead, Second Filing, Block 1, A Resubdivision of Lot 2W, creating Lot 2E-1, is properly recorded with the Eagle County Clerk and Recorder; provided that, if either plat referenced above has not been properly recorded by August 1, 2020, the rezoning set forth in Section 1 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; and, 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 Ordinance No. 6, Series 2017 2 enhances its natural environment and its established character as a resort and residential community of the highest quality; and, 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 11th day of July, 2017, and a public hearing for second reading of this Ordinance set for the 1st day of August, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 6, Series 2017 -3 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1st day of August, 2017. ATTEST: Patty McKenny, Town Clerk Ordinance No. 6, Series 2017 -4 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 6, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of August, 2017. Witness my hand and seal this 2nd day of August, 2017. ''c--'\--`' Tammy Nagel Deputy Clerk ORDINANCE NO. 6 SERIES OF 2017 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF LOT 2E AND LOT 2E-1, BLOCK 1, VAIL LIONSHEAD SECOND FILING, FROM LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT TO THE GENERAL USE (GU) DISTRICT, AND A REZONING OF LOT F-1, VAIL VILLAGE SECOND FILING LOT E AND F, LOT 2E VAIL/LIONSHEAD, SECOND FILING, BLOCK 1, A RESUBDIVISION OF LOT 2, FROM GENERAL USE (GU) DISTRICT TO LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT, LOCATED AT 180 AND 250 SOUTH FRONTAGE ROAD WEST, 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 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; and, WHEREAS, the purpose of the amendment is to establish a development sites with uniform zoning for the redevelopment of the Evergreen Lodge and the Vail Valley Medical Center; and, WHEREAS, on June 26, 2017, the Town of Vail Planning and Environmental Commission held a public hearing on the zone district boundary amendment to rezone the subject properties; and, WHEREAS, on June 26, 2017, 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 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, Ordinance No. 6, Series 2017 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 Exhibit A: A rezoning of Lot 2E and Lot 2E-1, Block 1, Vail/Lionshead Second Filing, from Lionshead Mixed Use 1 (LMU-1) District to the General Use (GU) District, and a rezoning of Lot F-1, Vail Village Second Filing Lot E and F, Lot 2E Vail/Lionshead, Second filing, Block 1, a Resubdivision of Lot 2, from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1) District, located at 180 and 250 South Frontage Road West. Section 2. Condition Precedent The rezoning set forth in Section 1 hereof shall take effect on the date that the Final Plats for Vail Village Second Filing, Lot E and Lot F, Lot 2E, Vail Lionshead Second Filing, Block 1, a Resubdivision of Lot 2, creating Lot F-1 and Vail/Lionshead, Second Filing, Block 1, A Resubdivision of Lot 2W, creating Lot 2E-1, is properly recorded with the Eagle County Clerk and Recorder; provided that, if either plat referenced above has not been properly recorded by August 1, 2020, the rezoning set forth in Section 1 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; and, 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 Ordinance No. 6, Series 2017 -2 enhances its natural environment and its established character as a resort and residential community of the highest quality; and, 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 11th day of July, 2017, and a public hearing for second reading of this Ordinance set for the 1st day of August, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 6, Series 2017 -3 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1st day of August, 2017. ATTEST: Patty McKenny, Town Clerk Ordinance No. 6, Series 2017 -4 Dave Chapin, Mayor Exhibit A Zone District Amendment Proposal Vail Valley Medical Center / Evergreen Lodge (180 & 250 South Frontage Road West) tat" assau catsnarstra Lama Pup, matm o _n, 11 MUM -CWHY LA. Mt e 150 I Feet 300 STATUS � ▪ ... o ... Last Mad.. Lime 2, 2017 PMI Ordinance No. 6, Series 2017 - 5 1 ..—-------- w.Motl�iet Jure 2 : 1Y�f6K1 ) Exhibit A Zone District Amendment Proposa! Vail Valley Medical Center / Evergreen Lodge (180 & 250 South Frontage Road West) STATUS • spew 1,10.1rtaId 0.1.161.1.1, 11 11 ▪ 2.4a.w ...mw -+-I e 15C iFE^[ 5G] Ordinance No. 6, Series 2017 5 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 7, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 12th day of July, 2017. Witness my hand and seal this 12th day of July, 2017. 'c ----6c\--' Tammy Nagel Deputy Clerk ORDINANCE NO. 7 SERIES OF 2017 AN ORDINANCE FOR A PRESCRIBED REGULATION AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTIONI2- 10-19 CORE AREAS IDENTIFIED, VAIL TOWN CODE, TO INCLUDE LOT F-1, VAIL VILLAGE SECOND FILING, LOT E AND LOT F, LOT 2E, VAIL LIONSHEAD SECOND FILING, BLOCK 1, A RESUBDIVISION OF LOT 2 IN THE COMMERCIAL CORE AREA FOR PARKING REGULATIONS PURPOSES, LOCATED AT 250 SOUTH FRONTAGE ROAD WEST/LOT F-1, VAIL VILLAGE SECOND FILING, 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 1999 parking analysis prepared by Felsburg, Holt, and Ulveg, the Town's parking consultants, determined that when synergies existing in the demand for parking that there is a reduction in the need when compared to areas without the identified synergies; and, WHEREAS, Ordinance No. 9, Series of 2000 adopted off-street parking requirements for properties within the Town's Commercial Core Areas and created maps identifying those properties within the Commercial Core Areas; and, WHEREAS, on June 26, 2017, the Town of Vail Planning and Environmental Commission held a public hearing on the prescribed regulation amendment to include Lot F-1, Vail Village Second Filing, Lot E and Lot F, Lot 2E, Vail Lionshead Second Filing, Block 1, a Resubdivision of Lot 2 in the Commercial Core Areas designation; and, WHEREAS, on June 26, 2017, the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the prescribed regulation 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, Ordinance No. 7, Series 2017 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 prescribed regulation amendment to include Lot F-1, Vail Village Second Filing, Lot E and Lot F, Lot 2E, Vail Lionshead Second Filing, Block 1, a Resubdivision of Lot 2, as further described in Exhibit A, in the Commercial Core Area. Section 2. Condition Precedent The prescribed regulation amendment set forth in Section 1 hereof shall take effect on the date that the Final Plat for Vail Village Second Filing, Lot E and Lot F, Lot 2E, Vail Lionshead Second Filing, Block 1, a Resubdivision of Lot 2, creating Lot F-1, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat referenced above has not been properly recorded by August 1, 2020, the prescribed regulation amendment set forth in Section 1 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 prescribed regulation 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; and, b. The prescribed regulation amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The prescribed regulation 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; and, d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Ordinance No. 7, Series 2017 -2 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 11th day of July, 2017, and a public hearing for second reading of this Ordinance set for the 1st day of August, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1st day of August, 2017. Ordinance No. 7, Series 2017 -3 Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 7, Series 2017 4 Exhibit A FINAL PLAT VAIL VILLAGE, SECOND FILING, LOT E AND LOT F LOT 2E, VAIL/LIONSHEAD, SECOND FILING, BLOCK 1, A RESUBDIVISION OF LOT TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO LOT 2W LigaW 047, 72,77 2 VIS OVILDWO �mm m� M° --F— en.e.SW SY Ordinance No. 7, Series 2017 -5 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 7, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of August, 2017. Witness my hand and seal this 2nd day of August, 2017. ''c--'\--`' Tammy Nagel Deputy Clerk ORDINANCE NO. 7 SERIES OF 2017 AN ORDINANCE FOR A PRESCRIBED REGULATION AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTIONI2- 10-19 CORE AREAS IDENTIFIED, VAIL TOWN CODE, TO INCLUDE LOT F-1, VAIL VILLAGE SECOND FILING, LOT E AND LOT F, LOT 2E, VAIL LIONSHEAD SECOND FILING, BLOCK 1, A RESUBDIVISION OF LOT 2 IN THE COMMERCIAL CORE AREA FOR PARKING REGULATIONS PURPOSES, LOCATED AT 250 SOUTH FRONTAGE ROAD WEST/LOT F-1, VAIL VILLAGE SECOND FILING, 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 1999 parking analysis prepared by Felsburg, Holt, and Ulveg, the Town's parking consultants, determined that when synergies existing in the demand for parking that there is a reduction in the need when compared to areas without the identified synergies; and, WHEREAS, Ordinance No. 9, Series of 2000 adopted off-street parking requirements for properties within the Town's Commercial Core Areas and created maps identifying those properties within the Commercial Core Areas; and, WHEREAS, on June 26, 2017, the Town of Vail Planning and Environmental Commission held a public hearing on the prescribed regulation amendment to include Lot F-1, Vail Village Second Filing, Lot E and Lot F, Lot 2E, Vail Lionshead Second Filing, Block 1, a Resubdivision of Lot 2 in the Commercial Core Areas designation; and, WHEREAS, on June 26, 2017, the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the prescribed regulation 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, Ordinance No. 7, Series 2017 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 prescribed regulation amendment to include Lot F-1, Vail Village Second Filing, Lot E and Lot F, Lot 2E, Vail Lionshead Second Filing, Block 1, a Resubdivision of Lot 2, as further described in Exhibit A, in the Commercial Core Area. Section 2. Condition Precedent The prescribed regulation amendment set forth in Section 1 hereof shall take effect on the date that the Final Plat for Vail Village Second Filing, Lot E and Lot F, Lot 2E, Vail Lionshead Second Filing, Block 1, a Resubdivision of Lot 2, creating Lot F-1, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat referenced above has not been properly recorded by August 1, 2020, the prescribed regulation amendment set forth in Section 1 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 prescribed regulation 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; and, b. The prescribed regulation amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The prescribed regulation 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; and, d. This ordinance is necessary and proper for the health, safety and welfare of Ordinance No. 7, Series 2017 -2 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 11th day of July, 2017, and a public hearing for second reading of this Ordinance set for the 1st day of August, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1st day of August, 2017. Ordinance No. 7, Series 2017 -3 ATTEST: Patty McKenny, Town Clerk Ordinance No. 7, Series 2017 -4 Dave Chapin, Mayor Exhibit A FINAL PLAT VAIL VILLAGE, SECOND FILING, LOT E AND LOT F LOT 2E, VAIL/LIONSHEAD, SECOND FILING, BLOCK 1, A RESUBDIVISION OF LOT 2 TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO LOT 211. rNk iffr 2! 7 11 ar, m� „gym, .- --f, . .,..._.,m,... �'' ILTI, i.. —I T- i s__.------',,""47.---------- mw I m• Ordinance No. 7, Series 2017 -5 PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Patty McKenny, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of June, 2017. Witness my hand and seal this 22nd day of June, 2017. PattycKe Town Clerk As ORDINANCE NO. 8 SERIES OF 2017 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, AND REAL ESTATE TRANSFER TAX FUND OF THE 2017 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD TH ERETO. WHEREAS, contingencies have arisen during the fiscal year 2017 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 28, Series of 2016, adopting the 2017 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2016 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 253,780 Capital Projects Fund 92,825 Real Estate Transfer Tax Fund 5,000 Total $ 351,605 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 Ordinance No. 8, Series of 2017 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 20th day of June, 2017, and a public hearing shall be held on this Ordinance on the 11th day of July, 2017, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 8, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 8, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 12th day of July, 2017. Witness my hand and seal this 12th day of July, 2017. 'c ----6c\--' Tammy Nagel Deputy Clerk ORDINANCE NO. 8 SERIES OF 2017 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, AND HEAVY EQUIPMENT FUND OF THE 2017 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 2017 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 28, Series of 2016, adopting the 2017 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2016 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 253,780 Capital Projects Fund 142,825 Real Estate Transfer Tax Fund 5,000 Total $ 401,605 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Ordinance No. 8, Series of 2017 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 20th day of June, 2017, and a public hearing shall be held on this Ordinance on the 11th day of July, 2017, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 11th day of July 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 8, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of August, 2017. Witness my hand and seal this 2nd day of August, 2017. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 9 SERIES 2017 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 42, VAIL MOUNTAIN VIEW RESIDENCES, PURSUANT TO ARTICLE A, CHAPTER 9, TITLE 12 OF THE VAIL TOWN CODE WHEREAS, Article A, Chapter 9, Title 12 of the Vail Town Code outlines the procedure for establishing a special development district ("SDD"); WHEREAS, Lunar Vail LLC, represented by Mauriello Planning Group (the "Applicant"), is the owner of the property legally described as Vail Village Filing 5, Lot 1, a resubdivision of Tract D (the "Property"); WHEREAS, on March 27, 2017, the Applicant submitted an application to the Town to establish SDD No. 42, Vail Mountain View Residences, on to facilitate the development of a mixed-use project including deed restricted employee housing units, accommodation units, dwelling units and attached accommodation units (the "Application"); WHEREAS, on April 24, 2017, the Planning and Environmental Commission (the "PEC") opened a properly -noticed public hearing on the Application and continued that public hearing to May 22, 2017; WHEREAS, on May 22, 2017, the Planning and Environmental Commission (the "PEC") opened the continued public hearing on the Application and continued that public hearing to June 12, 2017; WHEREAS, on June 12, 2017, the Planning and Environmental Commission (the "PEC") opened the continued public hearing on the Application; WHEREAS, upon due consideration, the PEC found that the request complies with the criteria set forth in Chapter 9, Title 12 of the Vail Town Code; WHEREAS, the PEC forwarded to the Town Council a recommendation of approval of the Application, with conditions, by a vote of 4-3-0; and WHEREAS, after considering the PEC's recommendation, the staff report and public comment presented at the public hearing, the Vail Town Council wishes to approve the Application, subject to certain conditions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings. The Town Council hereby finds and determines as follows: a. The Application complies with the standards set forth in Section 12 -9A - 8.A. of the Vail Town Code; b. The Application is consistent with the adopted goals, objectives and policies outlined in the Comprehensive Plan and compatible with the development objectives of the Town; c. The Application is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. The Application promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. District Established. Based on the foregoing findings, Special Development District No. 42, Vail Mountain View Residences ("SDD No. 42"), is hereby established, and shall be reflected as such on the Town's Official Zoning Map. The underlying zoning for the Property is High Density Multiple -Family ("HDMF"). Section 3. Development Plan. a. The following plan sheets prepared by 359 Design, entitled "Vail Mountain View Residence Development Plan Set" and dated June 29, 2017 shall constitute the Development Plan for SDD No. 42: Sheet #: Title: A0.0 COVER C1.01A GRADING - A C1.02 PLAN - UTILITY C1.03 DETAILS C1.04 FIRE STAGING & LADDER TRUCK SIMULATION PLAN L1.1 LANDSCAPE PLAN A1.00 PLAN -ARCHITECTURAL SITE A2.0.01 GARAGE LEVEL 1 A2.0.02 GARAGE LEVEL 2 A2.0.03 GARAGE LEVEL 3 A2.01 OVERALL LEVEL 1 (8226'-0") A2.02 OVERALL LEVEL 2 (8236'-6") A2.03 OVERALL LEVEL 3 (8247'-0") A2.04 OVERALL LEVEL 4 ((8258'-0") A2.05 OVERALL DORMER LEVEL (8269'-0") A2.06 GRFA PLANS - Garage A2.07 GRFA PLANS- Building A2.08 GRFA PLANS - Building 2 8/7/2017 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (AS APPROVED ON FIRST READING).DOCX A2.10 A2.10B A2.11 A2.12 A2.13 A4.00 A4.02 A4.03 A4.04 A4.05 SITE COVERAGE SITE COVERAGE LANDSCAPE COVERAGE ROOF HEIGHT HISTORIC GRADE MAP 3D MASSING OVERALL BUILDING ELEVATIONS OVERALL BUILDING ELEVATIONS OVERALL BUILDING ELEVATIONS OVERALL BUILDING ELEVATIONS b. The Town Council finds that the Development Plan for SDD No. 42 complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Vail Town Code, and hereby approves the Development Plan, subject to all other provisions of this Ordinance. Section 4. Development Standards. The development standards for SDD No. 42 are as follows: a. Uses: The permitted, conditional, and accessory uses allowed in SDD No. 42 shall be the same as the permitted, conditional and accessory uses in the HDMF District. b. Lot Area: The minimum lot area for SDD No. 42 shall be 56,410 square feet (1.295 acres). c. Setbacks: The minimum setbacks for SDD No. 42 shall be those setbacks shown on the Development Plan approved in Section 3 hereof. d. Height: The maximum allowable building height for SDD No. 42 shall be as indicated on the Development Plan approved in Section 3 hereof. e. Density: The maximum allowable gross residential floor area ("GRFA") for SDD No. 42 shall be 76,977 square feet. The maximum allowable unit count shall be 25 for -sale dwelling units (DUs), 10 Type -III deed -restricted employee housing units (EHUs), 15 attached accommodation units (AAUs) and 19 accommodation units. f. Site Coverage: The maximum allowable site coverage for SDD No. 42 shall be 71% or 39,526 square feet of the total lot area. g. Landscaping and Site Development: At least 30% of the total site area for SDD No. 42 shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be 15', with a minimum area of 300 square feet. The landscaping plan and site development shall be as shown on the Development Plan approved in Section 3 hereof. 3 8/7/2017 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (AS APPROVED ON FIRST READING).DOCX h. Parking and Loading: Off-street parking and loading shall be provided in accordance with Title 12, Chapter 10 of the Vail Town Code. At least seventy-five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading shall be located in any required front setback area. The minimum number of loading berths shall be one (1) as indicated on the Vail Mountain View Residences Approved Development Plan, described in Section 2 herein. Section 5. Conditions of Approval. The approval of SDD No. 42 is expressly contingent upon the Applicant's satisfaction of all of the following conditions: a. a. Approval of an associated Design Review Board ("DRB") application. b. Prior to submittal of the DRB application, the Applicant shall work with Town staff to increase the number and size of the new landscape plantings. c. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record, in a form approved by the Town Attorney, a pedestrian easement on the east side of the applicant's property for the existing paved path and stairs from the South Frontage Road right-of-way to the Town's recreational path. d. Prior to issuance of the first certificate of occupancy for the project, the Applicant shall design and construct a continuous 10' -wide separated concrete sidewalk along the South Frontage Road from Vail Valley Drive to the easternmost boundary of the Property. All necessary easements for the sidewalk west of the Property shall be acquired by the Town within 11 months of issuance of the first building permit for the project. The sidewalk shall be designed in general accordance with Option A as shown on the plans approved by the PEC on June 12, 2017, and shall be submitted to the Town and approved by the Town prior to construction. The Applicant shall grant a pedestrian easement on the Property to the Town for the sidewalk, which easement shall be expanded as necessary to accommodate Option B as shown on the plans approved by the PEC on June 12, 2017. In such sidewalk, the Applicant shall install a snowmelt system, including the heat source and all necessary components, in compliance with Town standards,. The Applicant shall be responsible for the cost of maintenance and operation of the sidewalk and snowmelt system on or adjacent to the Property, and prior to issuance of the first certificate of occupancy for the project, the Applicant shall execute the Town's standard snowmelt maintenance agreement. The Town will be responsible for the maintenance and operation of the sidewalk and snowmelt system that is west of the Property, and prior to issuance of the first certificate of occupancy for the project, the Applicant shall execute the Town's standard snowmelt operations reimbursement agreement for that portion of the sidewalk and snowmelt system. 4 8/7/2017 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (AS APPROVED ON FIRST READING).DOCX e. Prior to issuance of the first building permit for the project, the Applicant shall pay the Traffic Mitigation Fees for the net new increase in development traffic, which has been calculated at 17.73 PM Peak Hour trips, after taking a multi -modal reduction and excluding the EHUs. The Traffic Mitigation Fees shall be $11,200 per net new PM Peak Hour trip, which results in a total fee of $198,576. f. Prior to issuance of the first building permit for the project, the Applicant shall provide a construction staging plan and parking plan to demonstrate that the construction will not impact public parking or adjacent properties. g. Within 90 days after the issuance of the first building permit for the project, the Applicant shall engage the Town's Art in Public Places Board on the determination of an acceptable public art installation. The minimum value of the public art installation shall be $50,000. h. Prior to the issuance of the first building permit for the project, the Applicant shall pay the recreational amenities tax as required by Section 12-9A-11 of the Vail Town Code. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a form approved by the Town Attorney, for the EHUs. j. Prior to obtaining any building permit application for the project, the Applicant shall obtain approval from the Colorado Department of Transportation ("CDOT") for all proposed work within the CDOT right -of way, and shall submit evidence of such approval to the Town. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 5 8/7/2017 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (AS APPROVED ON FIRST READING).DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of August, 2017 and a public hearing for second reading of this Ordinance set for the 15th day of August, 2017, at 6:00 PM in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of August, 2017. ATTEST: Patty McKenny, Town Clerk 6 Dave Chapin, Mayor 8/7/2017 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (AS APPROVED ON FIRST READING).DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 11th day of December, 2017. Witness my hand and seal this 11th day of December, 2017. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 9 SERIES 2017 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 42, VAIL MOUNTAIN VIEW RESIDENCES, PURSUANT TO ARTICLE A, CHAPTER 9, TITLE 12 OF THE VAIL TOWN CODE WHEREAS, Article A, Chapter 9, Title 12 of the Vail Town Code outlines the procedure for establishing a special development district ("SDD"); WHEREAS, Lunar Vail LLC, represented by Mauriello Planning Group (the "Applicant"), is the owner of the property legally described as Vail Village Filing 5, Lot 1, a resubdivision of Tract D (the "Property"); WHEREAS, on March 27, 2017, the Applicant submitted an application to the Town to establish SDD No. 42, Vail Mountain View Residences, on to facilitate the development of a mixed-use project including deed restricted employee housing units, dwelling units and attached accommodation units (the "Application"); WHEREAS, on October 23, 2017, the Planning and Environmental Commission (the "PEC") held a public hearing on the Application; WHEREAS, the PEC forwarded to the Town Council a recommendation of denial of the Application, with conditions, by a vote of 5-2; and WHEREAS, after consideration of the testimony and evidence presented at the public hearing, the comments of Town staff and the recommendation of the Planning Commission, the Town Council wishes to approve the Application, with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings. The Town Council hereby finds and determines as follows: a. The Application complies with the standards set forth in Section 12 -9A - 8.A. of the Vail Town Code; b. The Application is consistent with the adopted goals, objectives and policies outlined in the Comprehensive Plan and compatible with the development objectives of the Town; c. The Application is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. The Application promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in 12/11/2017 C:IUSERSITNAGEL.VAILGOV.0301APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKIAYMYL69V1 ORDINANCE NO. 9 SERIES OF 2017 SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES ( FIRST READING).DOCX a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. District Established. Based on the foregoing findings, Special Development District No. 42, Vail Mountain View Residences ("SDD No. 42"), is hereby established, and shall be reflected as such on the Town's Official Zoning Map. The underlying zoning for the Property is High Density Multiple -Family ("HDMF"). Section 3. Development Plan. a. The following plan sheets prepared by 359 Design, entitled "Vail Mountain View Residence Development Plan Set" and dated September 14, 2017 shall constitute the Development Plan for SDD No. 42: Sheet #: Title: A0.0 COVER A1.00 PLAN -ARCHITECTURAL SITE A2.0.01 GARAGE LEVEL 1 A2.0.02 GARAGE LEVEL 2 A2.0.03 GARAGE LEVEL 3 A2.01 OVERALL LEVEL 1 (8226'-0") A2.02 OVERALL LEVEL 2 (8236'-6") A2.03 OVERALL LEVEL 3 (8247'-0") A2.04 OVERALL LEVEL 4 ((8258'-0") A2.05 OVERALL DORMER LEVEL (8269'-0") A2.06 GRFA PLANS - Garage A2.07 GRFA PLANS- Building A2.08 GRFA PLANS - Building A2.10 SITE COVERAGE A2.10B SITE COVERAGE A2.11 LANDSCAPE COVERAGE A2.12 ROOF HEIGHT A2.13 HISTORIC GRADE MAP A4.00 3D MASSING A4.02 OVERALL BUILDING ELEVATIONS A4.03 OVERALL BUILDING ELEVATIONS A4.04 OVERALL BUILDING ELEVATIONS A4.05 OVERALL BUILDING ELEVATIONS A9.11 LIGHTING PLAN A9.16 SITE SECTIONS C1.01 GRADING C1.02 PLAN - UTILITY C1.03 DETAILS C1.04 FIRE STAGING & LADDER TRUCK SIMULATION PLAN L1.1 LANDSCAPE PLAN 2 12/11/2017 C:IUSERSITNAGEL.VAILGOV.0301APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKIAYMYL69V1 ORDINANCE NO. 9 SERIES OF 2017 SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES ( FIRST READING).DOCX b. The Town Council finds that the Development Plan for SDD No. 42 complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Vail Town Code, and hereby approves the Development Plan, subject to all other provisions of this Ordinance. Section 4. Development Standards. The development standards for SDD No. 42 are as follows: a. Uses: The permitted, conditional, and accessory uses allowed in SDD No. 42 shall be the same as the permitted, conditional and accessory uses in the HDMF District. b. Lot Area: The minimum lot area shall be 56,410 square feet (1.295 acres). c. Setbacks: The minimum setbacks shall be those setbacks shown on the Development Plan approved in Section 3 hereof. d. Height: The maximum allowable building height shall be as indicated on the Development Plan approved in Section 3 hereof. e. Density: The maximum allowable gross residential floor area ("GRFA") shall be 75,280 square feet. The maximum allowable unit count shall be 38 for -sale dwelling units ("Dus"), 15 Type -III deed -restricted employee housing units ("EHUs") and 20 attached accommodation units ("AAUs"). f. Site Coverage: The maximum allowable site coverage shall be 71%, or 39,880 square feet of the total lot area. g. Landscaping and Site Development: At least 30% of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be 15', with a minimum area of 300 square feet. The landscaping plan and site development shall be as shown on the Development Plan approved in Section 3 hereof. h. Parking and Loading: Off-street parking and loading shall be provided in accordance with Title 12, Chapter 10 of the Vail Town Code. At least seventy-five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading shall be located in any required front setback area. The minimum number of loading berths shall be one (1) and shall be indicated on the Development Plan approved in Section 3 hereof. Section 5. Conditions of Approval. The approval of SDD No. 42 is expressly contingent upon the Applicant's satisfaction of all of the following conditions: a. Approval of an associated Design Review Board ("DRB") application. 3 12/11/2017 C:IUSERSITNAGEL.VAILGOV.0301APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKIAYMYL69V1 ORDINANCE NO. 9 SERIES OF 2017 SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES ( FIRST READING).DOCX b. Prior to submittal of the DRB application, the Applicant shall work with Town staff to increase the number and size of the new landscape plantings to meet the recommendations of the Vail Village Master Plan concerning planted buffers. c. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record, in a form approved by the Town Attorney, a pedestrian easement on the east side of the applicant's property for the existing paved path and stairs from the South Frontage Road right-of-way to the Town's recreational path. d. Prior to issuance of the first certificate of occupancy for the project, the Applicant shall design and construct a continuous 10' -wide separated concrete sidewalk along the South Frontage Road from Vail Valley Drive to the easternmost boundary of the Property. All necessary easements for the sidewalk west of the Property shall be acquired by the Town within 11 months of issuance of the first building permit for the project. The sidewalk shall be designed in general accordance with Plan Sheet C1.01 dated September 14, 2017, and shall be approved by the Town prior to construction. The Applicant shall grant a pedestrian/roadway easement on the Property to the Town as shown on plan sheet C1.01 dated September 14, 2017. In such sidewalk, the Applicant shall install a snowmelt system, including the heat source and all necessary components, in compliance with Town standards,. The Applicant shall be responsible for the cost of maintenance and operation of the sidewalk and snowmelt system, and the Applicant shall execute the Town's standard snowmelt maintenance agreement. The Town will be responsible for the maintenance and operation of the sidewalk and snowmelt system that is west of the Property, and the Applicant shall execute the Town's standard snowmelt operations reimbursement agreement for that portion of the sidewalk and snowmelt system. e. Prior to issuance of the first building permit for the project, the Applicant shall pay the Traffic Mitigation Fees for the net new increase in development traffic generated by the project, which has been calculated at 14 PM Peak Hour trips, after taking a multi -modal reduction and excluding the EHUs. The Traffic Mitigation Fees shall be $11,200 per net new PM Peak Hour trip, which results in a total fee of $156,800. f. Prior to issuance of the first building permit for the project, the Applicant shall provide a construction staging plan and parking plan to demonstrate that the construction will not impact public parking or adjacent properties. g. Within 90 days after the issuance of the first building permit for the project, the Applicant shall engage the Town's Art in Public Places Board on the determination of an acceptable public art installation. The minimum value of the public art installation shall be $50,000. 4 12/11/2017 C:IUSERSITNAGEL.VAILGOV.0301APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKIAYMYL69V1 ORDINANCE NO. 9 SERIES OF 2017 SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES ( FIRST READING).DOCX h. Prior to the issuance of the first building permit for the project, the Applicant shall pay the recreational amenities tax as required by Section 12-9A-11 of the Vail Town Code. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a form approved by the Town Attorney, for the EHUs. j. Prior to obtaining any building permit for the project, the Applicant shall obtain approval from the Colorado Department of Transportation ("CDOT") for all proposed work within the CDOT right -of way, and shall submit evidence of such approval to the Town. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of December, 2017 and a public hearing for second reading of this Ordinance set for the 19th day of December 2017, at 6:00 PM in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 5 Dave Chapin, Mayor 12/11/2017 C:IUSERSITNAGEL.VAILGOV.0301APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKIAYMYL69V1 ORDINANCE NO. 9 SERIES OF 2017 SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES ( FIRST READING).DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of December, 2017. ATTEST: Patty McKenny, Town Clerk 6 Dave Chapin, Mayor 12/11/2017 C: I USERSI TNAGEL. VAILGOV.0301APPDATAI LOCALIMICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKIAYMYL69VI ORDINANCE NO. 9 SERIES OF 2017 SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES ( FIRST READING).DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 20th day of December, 2017. Witness my hand and seal this 20th day of December, 2017. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 9 SERIES 2017 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 42, VAIL MOUNTAIN VIEW RESIDENCES, PURSUANT TO ARTICLE A, CHAPTER 9, TITLE 12 OF THE VAIL TOWN CODE WHEREAS, Article A, Chapter 9, Title 12 of the Vail Town Code outlines the procedure for establishing a special development district ("SDD"); WHEREAS, Lunar Vail LLC, represented by Mauriello Planning Group (the "Applicant"), is the owner of the property legally described as Vail Village Filing 5, Lot 1, a resubdivision of Tract D (the "Property"); WHEREAS, on March 27, 2017, the Applicant submitted an application to the Town to establish SDD No. 42, Vail Mountain View Residences, on to facilitate the development of a mixed-use project including deed restricted employee housing units, dwelling units and attached accommodation units (the "Application"); WHEREAS, on October 23, 2017, the Planning and Environmental Commission (the "PEC") held a public hearing on the Application; WHEREAS, the PEC forwarded to the Town Council a recommendation of denial of the Application, with conditions, by a vote of 5-2; and WHEREAS, after consideration of the testimony and evidence presented at the public hearing, the comments of Town staff and the recommendation of the Planning Commission, the Town Council wishes to approve the Application, with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings. The Town Council hereby finds and determines as follows: a. The Application complies with the standards set forth in Section 12 -9A - 8.A. of the Vail Town Code; b. The Application is consistent with the adopted goals, objectives and policies outlined in the Comprehensive Plan and compatible with the development objectives of the Town; c. The Application is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. The Application promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in Ordinance No. 9, Series of 2017 a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. District Established. Based on the foregoing findings, Special Development District No. 42, Vail Mountain View Residences ("SDD No. 42"), is hereby established, and shall be reflected as such on the Town's Official Zoning Map. The underlying zoning for the Property is High Density Multiple -Family ("HDMF"). Section 3. Development Plan. a. The following plan sheets prepared by 359 Design, entitled "Vail Mountain View Residence Development Plan Set" and dated September 14, 2017 shall constitute the Development Plan for SDD No. 42: Sheet #: Title: A0.0 COVER A1.00 PLAN -ARCHITECTURAL SITE A2.0.01 GARAGE LEVEL 1 A2.0.02 GARAGE LEVEL 2 A2.0.03 GARAGE LEVEL 3 A2.01 OVERALL LEVEL 1 (8226'-0") A2.02 OVERALL LEVEL 2 (8236'-6") A2.03 OVERALL LEVEL 3 (8247'-0") A2.04 OVERALL LEVEL 4 ((8258'-0") A2.05 OVERALL DORMER LEVEL (8269'-0") A2.06 GRFA PLANS - Garage A2.07 GRFA PLANS- Building A2.08 GRFA PLANS - Building A2.10 SITE COVERAGE A2.10B SITE COVERAGE A2.11 LANDSCAPE COVERAGE A2.12 ROOF HEIGHT A2.13 HISTORIC GRADE MAP A4.00 3D MASSING A4.02 OVERALL BUILDING ELEVATIONS A4.03 OVERALL BUILDING ELEVATIONS A4.04 OVERALL BUILDING ELEVATIONS A4.05 OVERALL BUILDING ELEVATIONS A9.11 LIGHTING PLAN A9.16 SITE SECTIONS C1.01 GRADING C1.02 PLAN - UTILITY C1.03 DETAILS C1.04 FIRE STAGING & LADDER TRUCK SIMULATION PLAN L1.1 LANDSCAPE PLAN 2 12/20/2017 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (AS APPROVED ON SECOND READING).DOCX b. The Town Council finds that the Development Plan for SDD No. 42 complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Vail Town Code, and hereby approves the Development Plan, subject to all other provisions of this Ordinance. Section 4. Development Standards. The development standards for SDD No. 42 are as follows: a. Uses: The permitted, conditional, and accessory uses allowed in SDD No. 42 shall be the same as the permitted, conditional and accessory uses in the HDMF District. b. Lot Area: The minimum lot area shall be 56,410 square feet (1.295 acres). c. Setbacks: The minimum setbacks shall be those setbacks shown on the Development Plan approved in Section 3 hereof. d. Height: The maximum allowable building height shall be as indicated on the Development Plan approved in Section 3 hereof. e. Density: The maximum allowable gross residential floor area ("GRFA") shall be 75,280 square feet. The maximum allowable unit count shall be 38 for -sale dwelling units ("Dus"), 15 Type -III deed -restricted employee housing units ("EHUs") and 20 attached accommodation units ("AAUs"). f. Site Coverage: The maximum allowable site coverage shall be 71%, or 39,880 square feet of the total lot area. g. Landscaping and Site Development: At least 30% of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be 15', with a minimum area of 300 square feet. The landscaping plan and site development shall be as shown on the Development Plan approved in Section 3 hereof. h. Parking and Loading: Off-street parking and loading shall be provided in accordance with Title 12, Chapter 10 of the Vail Town Code. At least seventy-five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading shall be located in any required front setback area. The minimum number of loading berths shall be one (1) and shall be indicated on the Development Plan approved in Section 3 hereof. Section 5. Conditions of Approval. The approval of SDD No. 42 is expressly contingent upon the Applicant's satisfaction of all of the following conditions: a. Approval of an associated Design Review Board ("DRB") application. 3 12/20/2017 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (AS APPROVED ON SECOND READING).DOCX b. Prior to submittal of the DRB application, the Applicant shall work with Town staff to increase the number and size of the new landscape plantings to meet the recommendations of the Vail Village Master Plan concerning planted buffers. c. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record, in a form approved by the Town Attorney, a pedestrian easement on the east side of the applicant's property for the existing paved path and stairs from the South Frontage Road right-of-way to the Town's recreational path. d. Prior to issuance of the first certificate of occupancy for the project, the Applicant shall design and construct a continuous 10' -wide separated concrete sidewalk along the South Frontage Road from Vail Valley Drive to the easternmost boundary of the Property. All necessary easements for the sidewalk west of the Property shall be acquired by the Town within 11 months of issuance of the first building permit for the project. The sidewalk shall be designed in general accordance with Plan Sheet C1.01 dated September 14, 2017, and shall be approved by the Town prior to construction. The Applicant shall grant a pedestrian/roadway easement on the Property to the Town as shown on plan sheet C1.01 dated September 14, 2017. In such sidewalk, the Applicant shall install a snowmelt system, including the heat source and all necessary components, in compliance with Town standards,. The Applicant shall be responsible for the cost of maintenance and operation of the sidewalk and snowmelt system, and the Applicant shall execute the Town's standard snowmelt maintenance agreement. The Town will be responsible for the maintenance and operation of the sidewalk and snowmelt system that is west of the Property, and the Applicant shall execute the Town's standard snowmelt operations reimbursement agreement for that portion of the sidewalk and snowmelt system. e. Prior to issuance of the first building permit for the project, the Applicant shall pay the Traffic Mitigation Fees for the net new increase in development traffic generated by the project, which has been calculated at 14 PM Peak Hour trips, after taking a multi -modal reduction and excluding the EHUs. The Traffic Mitigation Fees shall be $11,200 per net new PM Peak Hour trip, which results in a total fee of $156,800. f. Prior to issuance of the first building permit for the project, the Applicant shall provide a construction staging plan and parking plan to demonstrate that the construction will not impact public parking or adjacent properties. g. Within 90 days after the issuance of the first building permit for the project, the Applicant shall engage the Town's Art in Public Places Board on the determination of an acceptable public art installation. The minimum value of the public art installation shall be $50,000. 4 12/20/2017 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (AS APPROVED ON SECOND READING).DOCX h. Prior to the issuance of the first building permit for the project, the Applicant shall pay the recreational amenities tax as required by Section 12-9A-11 of the Vail Town Code. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a form approved by the Town Attorney, for the EHUs. j. Prior to obtaining any building permit for the project, the Applicant shall obtain approval from the Colorado Department of Transportation ("CDOT") for all proposed work within the CDOT right -of way, and shall submit evidence of such approval to the Town. k. The applicant shall provide the Town of Vail with a cash contribution of $265,000.00 to the Town of Vail Housing Fund prior to issuance of any building permit for the project. I. Prior to submitting for DRB approval, the building plans shall be amended to include, at a minimum, all Juliet Style balconies as shown on plan sheet labeled "south elevation" from 359 Design dated December 2017 and included as Attachment A to the Town Council Memorandum dated December 19, 2017. m. Prior to submitting for DRB approval, the building plans shall be amended to include, at a minimum, a 10 kW roof mounted solar system designed to offset 50% or more of the energy consumed by the snowmelted sidewalk from the eastern property line to Vail Road. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 5 12/20/2017 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (AS APPROVED ON SECOND READING).DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of December, 2017 and a public hearing for second reading of this Ordinance set for the 19th day of December 2017, at 6:00 PM in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of December, 2017. ATTEST: Patty McKenny, Town Clerk 6 Dave Chapin, Mayor 12/20/2017 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 9 SERIES OF 2017, SDD NO. 42 VAIL MOUNTAIN VIEW RESIDENCES (AS APPROVED ON SECOND READING).DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Patty McKenny, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.10, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of August, 2017. Witness my hand and seal this 2nd day of August, 2017. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 10 SERIES 2017 AN ORDINANCE REPEALING AND REENACTING SECTION 5-1-6 OF THE VAIL TOWN CODE, CONCERNING NOXIOUS WEED MANAGEMENT AND ENFORCEMENT WHEREAS, pursuant to C.R.S. §§ 35-5.5-106 and 31-15-401, and its home rule authority, the Town is empowered to regulate the presence, management and control of noxious weeds on any lands under its jurisdiction, to declare the existence of any such noxious weeds as a public nuisance, and to provide for and compel the removal of such noxious weeds; WHEREAS, the Town Council hereby finds and declares that noxious weeds are a present threat to the economic and environmental value of the lands within the Town's jurisdication; WHEREAS, the Town Council desires to manage and control the spread and proliferation of noxious weeds through implementation of a coordinated program utilizing a variety of methods for the eventual removal of noxious weeds through their eradication and to promote desirable plant communities; and WHEREAS, the Town Council finds that the public health, safety and welfare will be served by requiring the removal of noxious weeds from property within the Town and by the adoption of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-1-6 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: 5-1-6: NOXIOUS WEED MANAGEMENT AND ENFORCEMENT. A. Definitions. For purposes of this Section, the definitions set forth in the Colorado Noxious Weed Act, C.R.S. § 35-5.5-103, are hereby adopted to the extent they do not conflict with the following definitions, and the following terms shall have the following meanings: Management Plan means the Noxious Weed Management Plan adopted by the Local Advisory Board. Noxious weed means an alien plant or parts of an alien plant that have been designated by rule by the Commissioner of the Colorado Department of Agriculture or the Colorado Department of Agriculture as being noxious and plants declared to be noxious weeds by the Local Advisory Board. Property means any real property located within the Town. 1 Ordinance No. 10, Series of 2017 Public Works Director means the Public Works Director or designee. B. Local Advisory Board. The Town Council shall be the Local Advisory Board for noxious weed control. A majority of the members of the Board shall constitute a quorum. The voting rules for the Local Advisory Board shall be the same as for the Town Council. The Local Advisory Board may adopt, amend and update the Management Plan by resolution. C. Management Plan. The Local Advisory Board has adopted the Management Plan. The Public Works Director shall maintain the Management Plan and make it available for public inspection. D. Plants declared noxious weeds: All plants which are declared noxious weeds are named and described in the Management Plan. The Local Advisory Board may designate additional plants not otherwise named and described in the Management Plan that aggressively invade or are detrimental to economic crops, livestock, wildlife or native plant communities or are carriers of detrimental insects, diseases, allergens or parasites for eradication and management within the Town. E. Declaration of nuisance: All plants declared noxious weeds by the Town are declared to be a public nuisance. F. Duty to manage. It is the duty of all property owners to use integrated management pursuant to the Management Plan to manage and prevent the spread of all noxious weeds through elimination of such noxious weeds from such property. Elimination and removal of noxious weeds shall be in accordance with the Management Plan and C.R.S. § 35- 5.5-108.5. G. Violation and penalty. 1. It is unlawful for any person to violate any provision of this Section or the Colorado Noxious Weed Act. 2. A violation of this Section shall be subject to the penalty set forth in Section 1-4-1, in addition to any other remedies provided herein or allowed by ordinance, law, rule or regulation. Each day of violation shall be a separate offense. H. Abatement. 1. Identification and inspection. a. The Town may enter any property to inspect for the existence of noxious weeds when at least one (1) of the following has occurred: 2 Ordinance No. 10, Series of 2017 (1) The property owner or occupant has requested an inspection; (2) A neighboring resident has reported a suspected noxious weed infestation and requested an inspection; (3) The Public Works Director has made a visual inspection from a public right-of-way or other area and has reason to believe that a noxious weed infestation exists; or (4) The Public Works Director has inspected a current aerial satellite map of the property and determined there is reason to believe that a noxious weed infestation exists. b. Where entry onto private property is required to investigate the existence of noxious weeds, the inspection may be scheduled at any reasonable time upon the consent of the property owner or occupant. A property owner shall be notified of a pending inspection by certified mail at the address of record with the County Assessor's Office at least ten (10) days prior to such inspection. If, within ten (10) days of the notice, the property owner or occupant fails to respond or otherwise denies access, the Town may seek an inspection warrant issued from the Municipal Court pursuant to C.R.S. §§ 35-5.5-108.5(5)(b)(I) or 35-5.5-109(2)(b). 2. Notice of eradication. If the Public Works Director finds noxious weeds upon inspection, the Public Works Director shall issue a notice of eradication to the property owner, which shall be sent by certified mail to the address of record with the County Assessor. The notice of eradication shall name the noxious weeds, shall identify eradication as the required management objective, shall advise the property owner to commence eradication efforts with a specified time, shall state the integrated noxious weed management techniques prescribed in the Management Plan and shall advise the property owner that, within five (5) days from the date of the notice of eradication, the property owner must submit a plan and schedule acceptable to the Public Works Director. 3. Eradication. Within five (5) days after the date of the notice of eradication, the property owner shall comply with the terms of the notification of eradication or shall submit a plan and schedule which is acceptable to the Town for the completion of the management objective. An essential component of the plan shall be to eradicate noxious weeds prior to the seasonal time in which such noxious weeds create and disburse seeds or otherwise spread or propagate. 3 Ordinance No. 10, Series of 2017 6. Abatement action. If no voluntary abatement is achieved, the Town Attorney may file a nuisance abatement action pursuant to Section 5-1-14, in any court of record, including the Municipal Court. 7. Recovery of abatement costs. Pursuant to C.R.S. § 35-5.5- 109, the Town may assess one hundred percent (100%) of the cost of eradication and abatement, including up to twenty percent (20%) of inspection and other incidental costs, including without limitation administrative and legal costs. In addition, the Town may assess an additional five percent (5%) of the whole costs of eradication and abatement as an administrative fee. Any such assessment shall be a first and prior lien on the property and may be certified to the County Treasurer, who shall collect the assessment in the same manner as other taxes. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of August, 2017, and a public hearing for second reading of this Ordinance is set for the 15th day of August, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: 4 Ordinance No. 10, Series of 2017 Dave Chapin, Mayor Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2017. ATTEST: Patty McKenny, Town Clerk 5 Ordinance No. 10, Series of 2017 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.10, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 16th day of August, 2017. Witness my hand and seal this 16th day of August, 2017. Tammy Nagel Deputy Clerk ORDINANCE NO. 10 SERIES 2017 AN ORDINANCE REPEALING AND REENACTING SECTION 5-1-6 OF THE VAIL TOWN CODE, CONCERNING NOXIOUS WEED MANAGEMENT AND ENFORCEMENT WHEREAS, pursuant to C.R.S. §§ 35-5.5-106 and 31-15-401, and its home rule authority, the Town is empowered to regulate the presence, management and control of noxious weeds on any lands under its jurisdiction, to declare the existence of any such noxious weeds as a public nuisance, and to provide for and compel the removal of such noxious weeds; WHEREAS, the Town Council hereby finds and declares that noxious weeds are a present threat to the economic and environmental value of the lands within the Town's jurisdication; WHEREAS, the Town Council desires to manage and control the spread and proliferation of noxious weeds through implementation of a coordinated program utilizing a variety of methods for the eventual removal of noxious weeds through their eradication and to promote desirable plant communities; and WHEREAS, the Town Council finds that the public health, safety and welfare will be served by requiring the removal of noxious weeds from property within the Town and by the adoption of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-1-6 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: 5-1-6: NOXIOUS WEED MANAGEMENT AND ENFORCEMENT. A. Definitions. For purposes of this Section, the definitions set forth in the Colorado Noxious Weed Act, C.R.S. § 35-5.5-103, are hereby adopted to the extent they do not conflict with the following definitions, and the following terms shall have the following meanings: Management Plan means the Noxious Weed Management Plan adopted by the Local Advisory Board. Noxious weed means an alien plant or parts of an alien plant that have been designated by rule by the Commissioner of the Colorado Department of Agriculture or the Colorado Department of Agriculture as being noxious and plants declared to be noxious weeds by the Local Advisory Board. Property means any real property located within the Town. Ordinance No. 10, Series of 2017 Public Works Director means the Public Works Director or designee. B. Local Advisory Board. The Town Council shall be the Local Advisory Board for noxious weed control. A majority of the members of the Board shall constitute a quorum. The voting rules for the Local Advisory Board shall be the same as for the Town Council. The Local Advisory Board may adopt, amend and update the Management Plan by resolution. C. Management Plan. The Local Advisory Board has adopted the Management Plan. The Public Works Director shall maintain the Management Plan and make it available for public inspection. D. Plants declared noxious weeds: All plants which are declared noxious weeds are named and described in the Management Plan. The Local Advisory Board may designate additional plants not otherwise named and described in the Management Plan that aggressively invade or are detrimental to economic crops, livestock, wildlife or native plant communities or are carriers of detrimental insects, diseases, allergens or parasites for eradication and management within the Town. E. Declaration of nuisance: All plants declared noxious weeds by the Town are declared to be a public nuisance. F. Duty to manage. It is the duty of all property owners to use integrated management pursuant to the Management Plan to manage and prevent the spread of all noxious weeds through elimination of such noxious weeds from such property. Elimination and removal of noxious weeds shall be in accordance with the Management Plan and C.R.S. § 35- 5.5-108.5. G. Violation and penalty. 1. It is unlawful for any person to violate any provision of this Section or the Colorado Noxious Weed Act. 2. A violation of this Section shall be subject to the penalty set forth in Section 1-4-1, in addition to any other remedies provided herein or allowed by ordinance, law, rule or regulation. Each day of violation shall be a separate offense. H. Abatement. 1. Identification and inspection. a. The Town may enter any property to inspect for the existence of noxious weeds when at least one (1) of the following has occurred: Ordinance No. 10, Series of 2017 (1) The property owner or occupant has requested an inspection; (2) A neighboring resident has reported a suspected noxious weed infestation and requested an inspection; (3) The Public Works Director has made a visual inspection from a public right-of-way or other area and has reason to believe that a noxious weed infestation exists; or (4) The Public Works Director has inspected a current aerial satellite map of the property and determined there is reason to believe that a noxious weed infestation exists. b. Where entry onto private property is required to investigate the existence of noxious weeds, the inspection may be scheduled at any reasonable time upon the consent of the property owner or occupant. A property owner shall be notified of a pending inspection by certified mail at the address of record with the County Assessor's Office at least ten (10) days prior to such inspection. If, within ten (10) days of the notice, the property owner or occupant fails to respond or otherwise denies access, the Town may seek an inspection warrant issued from the Municipal Court pursuant to C.R.S. §§ 35-5.5-108.5(5)(b)(I) or 35-5.5-109(2)(b). 2. Notice of eradication. If the Public Works Director finds noxious weeds upon inspection, the Public Works Director shall issue a notice of eradication to the property owner, which shall be sent by certified mail to the address of record with the County Assessor. The notice of eradication shall name the noxious weeds, shall identify eradication as the required management objective, shall advise the property owner to commence eradication efforts with a specified time, shall state the integrated noxious weed management techniques prescribed in the Management Plan and shall advise the property owner that, within five (5) days from the date of the notice of eradication, the property owner must submit a plan and schedule acceptable to the Public Works Director. 3. Eradication. Within five (5) days after the date of the notice of eradication, the property owner shall comply with the terms of the notification of eradication or shall submit a plan and schedule which is acceptable to the Town for the completion of the management objective. An essential component of the plan shall be to eradicate noxious weeds prior to the seasonal time in which such noxious weeds create and disburse seeds or otherwise spread or propagate. Ordinance No. 10, Series of 2017 6. Abatement action. If no voluntary abatement is achieved, the Town Attorney may file a nuisance abatement action pursuant to Section 5-1-14, in any court of record, including the Municipal Court. 7. Recovery of abatement costs. Pursuant to C.R.S. § 35-5.5- 109, the Town may assess one hundred percent (100%) of the cost of eradication and abatement, including up to twenty percent (20%) of inspection and other incidental costs, including without limitation administrative and legal costs. In addition, the Town may assess an additional five percent (5%) of the whole costs of eradication and abatement as an administrative fee. Any such assessment shall be a first and prior lien on the property and may be certified to the County Treasurer, who shall collect the assessment in the same manner as other taxes. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of August, 2017, and a public hearing for second reading of this Ordinance is set for the 15th day of August, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Ordinance No. 10, Series of 2017 Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of August, 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 10, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.11, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 16th day of August, 2017. Witness my hand and seal this 16th day of August, 2017. ,1,,_,,c\_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 11 SERIES OF 2017 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 Ordinance No. 11, Series 2017 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 August 14, 2019 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. 11, Series 2017 -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 15th day of August, 2017, and a public hearing for second reading of this Ordinance set for the 5th day of September, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series 2017 3 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of September, 2017. ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series 2017 -4 Dave Chapin, Mayor Exhibit A PRDPERIY DESCRIPTION 'Not part of Parcel 1, Golden Peak Ski Base and Recrwtion District Parcel, according to the mop thereof recorded in the office of the Eagle County. Colorado, Clerk and Recorder, described oe follows; 9egrnnIng at a point on the northerly boundary of said Parcel 1, oleo tieing the southerly right of wuy of Vail Volley Drive, whence the northeasterly comer of said Parcel 1 common with the northwesterly corner of Pinos del Norte Condominiums, according to the map thereof recorded in the office of the Eagle County Cdaroda, Clerk and Recorder, bears S0219 222E 67.51 feet; thence deporting said line S22'56'64 -.1.V 139.33 fast; thence N 3713Se SISV 177A2 feet; thence N22'50'04"E 134.17 feet to sold northerly boundary of Porcal 1; thence along sold boundary 9'2U'l - E 24.42 feet to the northimteriy comer of the Sh and Snowboard Club Vail Porcol as recorded in Book 247, Page 15, in tha office of tha Engle County, Colorado, Clerk and Recorder, thence the following 3 courses alone the westerly, southerly, and santsrFy linea of said Ski and Snowboard Club Vdl Parcel! 1) 53D'39'56if! GOOD feet: 2} SE716'34"E 155.28 feet; 3) NO735'59"E 90.00 feet; thence along sand northerly line of Parcel 1 n5219'22 -E 39.18 feet; to the point of beginning, containing D.2375 ac , more ar less. Stan H Colarod Eagle Data /fS/f I LAWir N22'56'D4-E 134.17' DESCRIBED PARCEL 6,255 ACRES Ordinance No. 11, Series 2017 550'20'1;14"E 40.00 26.42 S3t139'' ni 96.60 59215'22"E a' lac' 200' SCALE: 1'-100' SKI AND SNOWBOARD CLUB VAIL (WOK 247. PAGE 16) N0T35'59'E 90.00' 61,51 PARCEL 1 GOLDEN PE4< SKI BASE & RECREATION DISTRICT PARCEL PINOS DEL NO RTE JOB No-.1C9B Zone District Amendment Proposal Part of Parcel 1, Golden Peak Ski Base and Recreation District Parcel 460 Vail Valley Drive Zoning - Esblloy � xre o.vm Wi....im 1HouF� oauldoce.cr..mn SNI eme,ReareetanISSR1 S.Bal.Avnirden MR. 999,91.law e I Feet 250 Zonlne -Proposed - �ywou- o a�aoo,Aerrean oA ▪ sia ea,.A..re.eor,a a v� r io.,,d�i oiei..m o.�a�, w ie w •ow ' o.w. a�wimsb... 'n Last Madied', October 23,2019 1,1",1,411,01- Ordinance OWYd Ordinance No. 11, Series 2017 6 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.11, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 6th day of September, 2017. Witness my hand and seal this 6th day of September, 2017. Tammy Nagel Deputy Clerk ORDINANCE NO. 11 SERIES OF 2017 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 Ordinance No. 11, Series 2017 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 August 14, 2019 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. 11, Series 2017 -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 15th day of August, 2017, and a public hearing for second reading of this Ordinance set for the 5th day of September, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series 2017 -3 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of September, 2017. ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series 2017 -4 Dave Chapin, Mayor Exhibit A PROPERTY DESCRIPTION Thole park of Parcel 1, Golden Peak Ski Base and Recreation 6i.b'i L Pored, according to the mop thereof retarded in the office of the Eagle County. Colorado, Clerk ord Recorder. described on follcwe; SegfnnIng ata point on the northerly boundary of sold Parcel 1, oleo being the southerly right of way of Vail Valley Drive, whence the northeasterly cgmer of said Parcel 1 cammgn with the northwesterly corner of Pinus del Norte Condominiums, according to the map thereof retarded in the office of the Eagle Oountk Colorado, Clerk and Recorder, hear] 562'1922'E 67.51 feet; thence deporting said line 522561D41N 139.33 feet; thence 11571D9'56"W 177.42 feet_ thence N22'50'04'E 134.17 feet to sold northerly boundary of Parcel 1; thence along sold boundary S59'24'44"E 24.42 feet to the northwestnriy comer of the Ski and Snowboard Club Veil Purcell oe recorded in Book 247. Page 15, in the office of the Eagle County. Colorado. Clerk and Re order, thence the following 3 courses clone the westerly, eeutherly, and eostery lines of said Ski and 5nowboard Club WI Parcel: 1) 53D'39'56V; 90.0 feet: 2) 5E716'34'E 155.28 feet; 3) ND735'59"E 90.00 feet; thence along send northerly line of Parcel 1 36219.'22'E 39.18 feet; to the paint of beginning, containing D.2575 cone, more or less. N2256'DI. E 134.17' DESCRIBED PARCEL 0.255 ACRES Ordinance No. 11, Series 2017 s5ww2Vg4'E 40,00 26.42 530'39'';fi'W 40.00 59219'22-E 1;13.89' 0' 100' zoo' SCALE: 1'-106' SKI AND SNOWBOARD CLUB VAIL (BOO( 247, PAGE 15) PARCEL 1 GOLDEN PEAK SKI BASE & RECREATION DISTRICT PARCEL -5 PINOS DEL NO RTE JOB NG. 1096 Zone District Amendment Proposal Part of Parcel 1, Golden Peak Ski Base and Recreation District Parcel 460 Vail Valley Drive ZnnlnV-.sling eareeten M9k. w.pon -.B.rran. e Feet 250 znning-Proposed ▪ Kph mmoun ▪ aar.Afip ILII..okra n o▪ no m.r =o— s iom ae1ws1w.uoaffis mq.1..k11.1,....1p,m,m,1*am ar wimea•• ,Last MotlifKd', October 29.2019 TOWY MI!) Ordinance No. 11, Series 2017 - 6 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.12, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 20th day of September, 2017. Witness my hand and seal this 20th day of September, 2017. ,1,,_,,c\_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 12 SERIES OF 2017 AN ORDINANCE AMENDING SECTION 12-23-2, EMPLOYEE GENERATION AND MITIGATION RATES, VAIL TOWN CODE, TO AMEND TABLE 23-1, EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE, AND TO AMEND THE DEFINITION OF NEXUS STUDY IN SECTION 12-2-2, DEFINITIONS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on April 3, 2007 the Vail Town Council adopted ordinance No. 7, Series of 2007 establishing Commercial Linkage requirements in the Town of Vail; WHEREAS, pursuant to Section 12-23-2, each commercial development or redevelopment shall mitigate its impact on employee housing by providing employee housing units for twenty percent (20%) of the employees generated, pursuant to table 23-1 of Section 12-23-2, or the nexus study; WHEREAS, Section 12-23-2 Employee Generation and Mitigation Rates, Table 23-1 Employee Generation Rates by Type of Commercial Use establishes the number of employees generated for each commercial use; WHEREAS, there is a substantial, direct, and rational connection between the need for housing of employees generated by new commercial development and redevelopment and the requirements for the provision of employee housing, as documented in the report titled "2016 Vail Employer Survey, Summary of Results," (Nexus Study) prepared for the Town of Vail by RRC Associates, dated February 2017, a copy of which is on file with the Town Clerk and available for public inspection; WHEREAS, the Nexus Study recommends changes to the current employee generation rates in Table 23-1, Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code; WHEREAS, on July 25, 2017, the Vail Local Housing Authority held a public meeting, reviewed the Nexus Study and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations; WHEREAS, on August 28, 2017, the Town of Vail Planning and Environmental Commission held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations in accordance with the procedures and criteria and findings outlined in Section 12-3-6 of the Vail Town Code; WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the 1 Planning and Environmental Commission dated August 28, 2017, and the evidence and testimony presented; WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 28, 2017, and the evidence and testimony presented; and WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section V of the Staff memorandum dated August 28, 2017. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2, Definitions, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethrough text that is, to be added is bold. Sections of text that are not amended have been omitted.) NEXUS STUDY: redevelopment in the town. The "2016 Vail Employer Survey, Summary of Results" dated February 2017, prepared for the Town of Vail by RRC Associates, and on file with the office of the town clerk, analyzing the current and future employee housing needs resulting from new development and redevelopment in the town. Section 2. Section 12-23-2, Employee Generation and Mitigation Rates, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethrough text that is, to be added is bold. Sections of text that are not amended have been omitted.) Table 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Types of Use Employee Generation Rate Accommodation unit / limited service lodge unit 0.7 0.6 employee per net new units Business office and professional office (excluding including real estate and property management office) 3.2 employees per 1,000 feet of new net floor area Conference facility 0.8 employee per 1,000 feet of new net floor area Eating and drinking establishment 6 10.2 employee 1,000 feet of new net per 2 Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town 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 19th day of September 2017 and a public hearing for second reading of this Ordinance set for the 3rd day of October 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor 3 floor area Health club 0.96 employee per 1,000 feet of new net floor area Real cstatc office 5.1 employee 1,000 feet of new net floor per area Retail store / personal service / repair shop 2.4 employee per 1,000 feet of new net floor area Spa 2.1 employee per 1,000 feet of new net floor area Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town 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 19th day of September 2017 and a public hearing for second reading of this Ordinance set for the 3rd day of October 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor 3 ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this day of , 2017. ATTEST: Patty McKenny, Town Clerk 4 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.12, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 4th day of October, 2017. Witness my hand and seal this 4th day of October, 2017. ,1,,_,,c\_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 12 SERIES OF 2017 AN ORDINANCE AMENDING SECTION 12-23-2, EMPLOYEE GENERATION AND MITIGATION RATES, VAIL TOWN CODE, TO AMEND TABLE 23-1, EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE, AND TO AMEND THE DEFINITION OF NEXUS STUDY IN SECTION 12-2-2, DEFINITIONS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on April 3, 2007 the Vail Town Council adopted ordinance No. 7, Series of 2007 establishing Commercial Linkage requirements in the Town of Vail; WHEREAS, pursuant to Section 12-23-2, each commercial development or redevelopment shall mitigate its impact on employee housing by providing employee housing units for twenty percent (20%) of the employees generated, pursuant to table 23-1 of Section 12-23-2, or the nexus study; WHEREAS, Section 12-23-2 Employee Generation and Mitigation Rates, Table 23-1 Employee Generation Rates by Type of Commercial Use establishes the number of employees generated for each commercial use; WHEREAS, there is a substantial, direct, and rational connection between the need for housing of employees generated by new commercial development and redevelopment and the requirements for the provision of employee housing, as documented in the report titled "2016 Vail Employer Survey, Summary of Results," (Nexus Study) prepared for the Town of Vail by RRC Associates, dated February 2017, a copy of which is on file with the Town Clerk and available for public inspection; WHEREAS, the Nexus Study recommends changes to the current employee generation rates in Table 23-1, Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code; WHEREAS, on July 25, 2017, the Vail Local Housing Authority held a public meeting, reviewed the Nexus Study and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations; WHEREAS, on August 28, 2017, the Town of Vail Planning and Environmental Commission held a public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations in accordance with the procedures and criteria and findings outlined in Section 12-3-6 of the Vail Town Code; WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 28, 2017, and the evidence and testimony presented; WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff 1 memorandum to the Planning and Environmental Commission dated August 28, 2017, and the evidence and testimony presented; and WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section V of the Staff memorandum dated August 28, 2017. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2, Definitions, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethrough text that is, to be added is bold. Sections of text that are not amended have been omitted.) NEXUS STUDY: A report, prepared at the request of the town council, updated at least every future employee housing needs resulting from new development and redevelopment in tho town. The "2016 Vail Employer Survey, Summary of Results" dated February 2017, prepared for the Town of Vail by RRC Associates, and on file with the office of the town clerk, analyzing the current and future employee housing needs resulting from new development and redevelopment in the town. Section 2. Section 12-23-2, Employee Generation and Mitigation Rates, of the Vail Town Code is hereby amended as follows (text to be deleted is in strikethrough text that is, to be added is bold. Sections of text that are not amended have been omitted.) Table 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Types of Use Employee Generation Rate Accommodation unit / limited service lodge unit 0.7 0.6 employee net new units per Business office and professional office (excluding including real estate and property management office) 3.2 employees per 1,000 feet of new net floor area Conference facility 0.8 employee per 1,000 feet of new net floor area Eating and drinking establishment 6,7-5 10.2 employee per 1,000 feet of new net floor area Health club 0.96 employee per 1,000 feet of new net floor area Real estate office - - - - - ! ! e -- - - - - . _ _ . _ , _ . _ _ - - Retail store / personal service / repair shop 2.4 employee per 1,000 feet of new net floor area Spa 2.1 employee per 1,000 feet of new net floor area Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have 2 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 19th day of September 2017 and a public hearing for second reading of this Ordinance set for the 3rd day of October 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this day of , 2017. ATTEST: Patty McKenny, Town Clerk 3 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.13, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 20th day of September, 2017. Witness my hand and seal this 20th day of September, 2017. ,1,,_,,c\_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 13 SERIES OF 2017 AN ORDINANCE APPROVING THE REZONING OF LOT 1, EAST VAIL WORKFORCE HOUSING SUBDIVISION, FROM TWO-FAMILY RESIDENTIAL (R) DISTRICT TO HOUSING (H) DISTRICT, AND THE REZONING OF TRACT A, EAST VAIL WORKFORCE HOUSING SUBDIVISION, FROM TWO-FAMILY RESIDENTIAL TO NATURAL AREA PRESERVATION (NAP) DISTRICT WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for amending a zone district boundary, which is the same as a rezoning of real property; WHEREAS, the Vail Corporation ("Applicant") submitted an application (PEC17-0039) to rezone the real property more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, (the "Property"); WHEREAS, the purpose of the rezoning is to establish a development site for the future development of employee housing and to establish a site for nature preserves; WHEREAS, on September 11, 2017, the Planning and Environmental Commission held a properly -noticed public hearing on the Application and forwarded a unanimous recommendation of approval to the Vail Town Council; WHEREAS, contemporaneously with the Application, Applicant submitted an application (PEC17-0041) for a Final Plat of the East Vail Workforce Housing Subdivision to create the East Vail Workforce Housing subdivision and to subdivide the Property into Lot 1 and Tract A; WHEREAS, the Final Plat will be approved by the Planning and Environmental Commission prior to consideration of this ordinance on second reading, so that Lot 1 and Tract A will have been lawfully created and will be eligible for rezoning; and WHEREAS, on September 19, 2017, the Vail Town Council held a properly -noticed public hearing on the Application, at which Applicant and the public were given an opportunity to be heard on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Having considered the factors set forth in Section 12-3-7.C.1 of the Vail Town Code, the recommendation of the Planning and Environmental Commission, information provided by Town staff, and the comments of the public, the Vail Town Council hereby finds and determines as follows: a. The Application is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; 3 9/22/2017 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 13 SERIES 2017, VAIL RESORTS EAST VAIL REZONING.DOCX b. The Application is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and c. The Application promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. Based on the foregoing findings and pursuant to Section 12-3-7 of the Vail Town Code, Lot 1 of the East Vail Workforce Housing Subdivision is hereby rezoned from Two Family Residential (R) District to the Housing (H) District, and Tract A of the East Vail Workforce Housing Subdivision is hereby rezoned from Two -Family Residential (R) District to Natural Area Preservation (NAP) District. The rezoning approved herein shall constitute a zone district boundary amendment under Section 12-3-7 of the Vail Town Code, and the Town's official zoning map shall be updated accordingly. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of September, 2017 and a public hearing for second reading of this Ordinance is set for the 3rd day of October, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor 3 9/22/2017 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 13 SERIES 2017, VAIL RESORTS EAST VAIL REZONING.DOCX ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of October, 2017. ATTEST: Patty McKenny, Town Clerk 3 Dave Chapin, Mayor 9/22/2017 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 13 SERIES 2017, VAIL RESORTS EAST VAIL REZONING.DOCX EXHIBIT A Legal Description of Vail Resorts Rezoning 3700 N. Frontage Road East Vail, Colorado 81657 A PART OF TRACT II OF BOOK 166, PAGE 61 NOW BEING ALL THAT PART OF THE SOUTH 1/2 SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 80 WEST, 6TH P.M. LYING NORTH OF 1-70 AND PITKIN CREEK TOWNHOUSES RECEPTION NO. 190521. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2, FROM WHENCE THE EAST 1/16 OF SECTION 2 AND SECTION 11 BEARS N89°41'53"W, 1325.07' SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION. THENCE N01°51'14"E ALONG THE EAST LINE OF SAID SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 2 A DISTANCE OF 398.97' TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF SAID PITKIN CREEK TOWN HOUSES THE FOLLOWING TWO (2) COURSES; 1) N 60°00'00" W A DISTANCE OF 420.00'; 2) N 90°00'00" W A DISTANCE OF 339.75'; THENCE ALONG THE NORTHERLY RIGHT OF WAY OF SAID INTERSTATE HIGHWAY 70 THE FOLLOWING FIVE (5) COURSES; 1) N 02°32'29" W A DISTANCE OF 2.90'; 2) N 59°59'34" W A DISTANCE OF 478.70'; 3) N 65°42'12" W A DISTANCE OF 301.50'; 4) N 72°13'06" W A DISTANCE OF 613.90'; 5) N 55°43'36" W A DISTANCE OF 297.66' TO A POINT INTERSECTING THE NORTH LINE OF S1/2 SOUTHEAST 1/4 OF SECTION 2; THENCE S 88°09'34" E ALONG SAID NORTH LINE OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 2 A DISTANCE OF 2253.37' TO A B.L.M. MONUMENT FOUND IN PLACE AT THE SOUTH 1/16 CORNER OF SECTIONS 1 AND 2; THENCE S 01°56'08" E ALONG THE EAST LINE OF SAID SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 2 A DISTANCE OF 637.05' TO A B.L.M. MONUMENT FOUND IN PLACE AT THE ANGLE POINT OF SECTIONS 1 AND 2; THENCE S 01°51'14" W CONTINUING ALONG SAID EAST LINE OF SAID SOUTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 2 A DISTANCE OF 222.52' TO THE TRUE POINT OF BEGINNING. BEING 23.3 ACRES MORE OR LESS. 3 9/22/2017 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 13 SERIES 2017, VAIL RESORTS EAST VAIL REZONING.DOCX EXHIBIT A-1 SUBDIVISION PLAT (SHEET 2) 3 9/22/2017 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 13 SERIES 2017, VAIL RESORTS EAST VAIL REZONING.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.13, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 4th day of October, 2017. Witness my hand and seal this 4th day of October, 2017. ,1,,_,,c\_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 13 SERIES OF 2017 AN ORDINANCE APPROVING THE REZONING OF LOT 1, EAST VAIL WORKFORCE HOUSING SUBDIVISION, FROM TWO-FAMILY RESIDENTIAL (R) DISTRICT TO HOUSING (H) DISTRICT, AND THE REZONING OF TRACT A, EAST VAIL WORKFORCE HOUSING SUBDIVISION, FROM TWO-FAMILY RESIDENTIAL TO NATURAL AREA PRESERVATION (NAP) DISTRICT WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for amending a zone district boundary, which is the same as a rezoning of real property; WHEREAS, the Vail Corporation ("Applicant") submitted an application (PEC17-0039) to rezone the real property more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, (the "Property"); WHEREAS, the purpose of the rezoning is to establish a development site for the future development of employee housing and to establish a site for nature preserves; WHEREAS, on September 11, 2017, the Planning and Environmental Commission held a properly -noticed public hearing on the Application and forwarded a unanimous recommendation of approval to the Vail Town Council; WHEREAS, contemporaneously with the Application, Applicant submitted an application (PEC17-0041) for a Final Plat to create the East Vail Workforce Housing subdivision and to subdivide the Property into Lot 1 and Tract A; WHEREAS, the Final Plat will be approved by the Planning and Environmental Commission prior to consideration of this ordinance on second reading, so that Lot 1 and Tract A will have been lawfully created and will be eligible for rezoning; and WHEREAS, on September 19, 2017, the Vail Town Council held a properly -noticed public hearing on the Application, at which Applicant and the public were given an opportunity to be heard on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Having considered the factors set forth in Section 12-3-7.C.1 of the Vail Town Code, the recommendation of the Planning and Environmental Commission, information provided by Town staff, and the comments of the public, the Vail Town Council hereby finds and determines as follows: a. The Application is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town; 1 10/4/2017 C: I USERSI TNAGEL. VAILGOV.0241APPDATAILOCALIMI CROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI GEORJGVYIORDINA NCE NO 13 SERIES 2017 VAIL RESORTS EAST VAIL REZONING AMENDED.DOCX b. The Application is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and c. The Application promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. Based on the foregoing findings and pursuant to Section 12-3-7 of the Vail Town Code, Lot 1 of the East Vail Workforce Housing Subdivision is hereby rezoned from Two -Family Residential (R) District to the Housing (H) District, and Tract A of the East Vail Workforce Housing Subdivision is hereby rezoned from Two -Family Residential (R) District to Natural Area Preservation (NAP) District. The rezoning approved herein shall constitute a zone district boundary amendment under Section 12-3-7 of the Vail Town Code, and the Town's official zoning map shall be updated accordingly. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Section 7. This ordinance shall take effect upon the filing of the Final Plat with the Eagle County Clerk and Recorder. 2 10/4/2017 C: I USERSI TNAGEL. VAILGOV.0241APPDATAILOCALIMI CROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI GEORJGVYIORDINA NCE NO 13 SERIES 2017 VAIL RESORTS EAST VAIL REZONING AMENDED.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of September, 2017 and a public hearing for second reading of this Ordinance is set for the 3rd day of October, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of October, 2017. ATTEST: Patty McKenny, Town Clerk 3 Dave Chapin, Mayor 10/4/2017 C: I USERSI TNAGEL. VAILGOV.0241APPDATAILOCALIMI CROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI GEORJGVYIORDINA NCE NO 13 SERIES 2017 VAIL RESORTS EAST VAIL REZONING AMENDED.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.14, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 4th day of October, 2017. Witness my hand and seal this 4th day of October, 2017. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 14 SERIES OF 2017 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, 2018 THROUGH DECEMBER 31, 2018 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 2018 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, 2018, and ending on the 31st day of December, 2018: FUND AMOUNT General Fund $39,884,566 Capital Projects Fund 25,983,812 Real Estate Transfer Tax Fund 9,094,193 Vail Marketing Fund 380,000 Heavy Equipment Fund 3,303,443 Dispatch Services Fund 2,779,461 Health Insurance Fund 4,939,349 Timber Ridge Enterprise Fund 1,309,665 Total 87,674,489 Less Interfund Transfers (8,860,704) Net Expenditure Budget 78,813,785 Ordinance No. 14, Series of 2017 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2018 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 3rd day of October, 2017. A public hearing shall be held hereon on the 17th day of October, 2017, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 14, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.14, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 18th day of October, 2017. Witness my hand and seal this 18th day of October, 2017. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 14 SERIES OF 2017 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, 2018 THROUGH DECEMBER 31, 2018 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 2018 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, 2018, and ending on the 31st day of December, 2018: FUND AMOUNT General Fund $39,930,161 Capital Projects Fund 25,983,812 Real Estate Transfer Tax Fund 9,084,693 Vail Marketing Fund 380,000 Heavy Equipment Fund 3,303,443 Dispatch Services Fund 2,779,461 Health Insurance Fund 4,939,349 Timber Ridge Enterprise Fund 1,309,665 Total 87,710,584 Less Interfund Transfers (8,860,704) Net Expenditure Budget 78,849,880 Ordinance No. 14, Series of 2017 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2018 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 3rd day of October, 2017. A public hearing shall be held hereon on the 17th day of October, 2017, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 14, Series of 2017 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 17th day of October 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 14, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.15, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of November, 2017. Witness my hand and seal this 22nd day of November, 2017. Tammy Nagel Deputy Clerk ORDINANCE NO. 15 SERIES 2017 AN ORDINANCE AMENDING TITLE 4 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 14, ENTITLED SHORT-TERM RENTAL PROPERTIES, AND REPEALING SECTIONS IN CONFLICT THEREWITH NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of a new Chapter 14 to read as follows: CHAPTER 14 SHORT-TERM RENTAL PROPERTIES 4-14-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to establish comprehensive licensing regulations to safeguard the public health, safety and welfare by regulating and controlling the use, occupancy, location and maintenance of short- term rental properties in the Town. B. This Chapter shall apply to short-term rental property only, as defined herein. This Chapter shall not apply to the furnishing of lodging services in hotels, motels, lodges or bed and breakfast establishments, or to properties with long-term leases. C. This Chapter shall not supersede or affect any private conditions, covenants or restrictions applicable to a short-term rental property. 4-14-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: OWNER: The record owner of a residential dwelling unit in the Town who intends to lease or leases the unit as a short-term rental property. LEASE: An agreement or act by which an owner gives to a tenant, for valuable consideration, possession and use of property or a portion thereof for a definite term, at the end of which term the owner has an absolute right to retake control and use of the property. RESIDENTIAL DWELLING UNIT: A building or group of rooms with kitchen facilities designed or used as a dwelling by a family as an independent housekeeping unit, excluding the following, as defined in Title 1 11/27/2017 C:IUSERSITNAGEL.VAILGOV.0241APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOK172J80GV51O RD. DOCX 12 of this Code, if serviced by a full-time on-site property manager: accommodation unit, bed and breakfast, employee housing unit, fractional fee club unit, lodge dwelling unit, limited service lodge unit, or timeshare unit. SHORT-TERM RENTAL PROPERTY: A residential dwelling unit, or any room therein, available for lease for a term of less than thirty (30) consecutive days. 4-14-3: LICENSE REQUIRED: A valid license is required for each short-term rental property in the Town. 4-14-4: APPLICATION: A. At least thirty (30) days prior to any advertising for or lease of a short-term rental property, the owner shall file a written application for a short-term rental license with the Finance Director or designee, on forms supplied by the Town. The application shall not be deemed complete until all required information is submitted. B. The application fee shall be set by resolution of the Town Council. C. If the proposed short-term rental property is located within a duplex, the application shall include a copy of a written notice provided by the owner to the last known address of the record owner of the adjoining residential dwelling unit. The written notice shall include a copy of the completed application, and shall be sent by first-class United States mail at least seven (7) days prior to the filing of the application. If the duplex has shared common areas that can be accessed by occupants of both units, including without limitation parking areas, walkways, stairs, patios or driveways, the application shall include written consent of the record owner of the adjoining residential dwelling unit. D. No license shall be issued without an affidavit, signed by the owner under penalty of perjury, certifying that the short-term rental property is in habitable condition and complies with the health and safety standards set forth in Section 4-14-7. E. Within thirty (30) days of receipt of a complete application for a short-term rental license, if the Finance Director or designee finds that the application complies with this Chapter, the Finance Director or designee shall issue a short-term rental license. The license shall be issued in the name of the owner, and shall not be transferable. 2 11/27/2017 C:IUSERSITNAGEL.VAILGOV.0241APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOK172J80GV51O RD. DOCX 4-14-5: LICENSE TERM: A. A short-term rental license shall expire on December 31 of each calendar year, or when title of the short-term rental property transfers to a new owner, whichever occurs first. Each change in ownership of a short- term rental property shall require a new license. B. An application for renewal of a short-term rental license shall be submitted at least thirty (30) days prior to expiration of the existing license. 4-14-6: LOCAL AGENT REQUIRED: Each owner shall appoint a natural person who is available 24 hours per day, 7 days per week, to serve as the local agent for the short-term rental property. The owner shall notify the Finance Director or designee in writing of the appointment of a local agent within five (5) days of such appointment or modification of any such appointment. 4-14-7: HEALTH AND SAFETY STANDARDS: Each short-term rental property shall comply with all of the following standards, at a minimum, at all times while the property is being leased: 1. Buildings, structures or rooms shall not be used for purposes other than those for which they were designed or intended. 2. Roofs, floors, walls, foundations, ceilings, stairs, handrails, guardrails, doors, porches, all other structural components and all appurtenances thereto shall be capable of resisting any and all forces and loads to which they may be normally subjected, and shall be kept in sound condition and in good repair. 3. Smoke detectors, carbon monoxide detectors and fire extinguishers shall be installed and operable, and all wood -burning fireplaces and stoves shall be cleaned on an annual basis. 4. An operable toilet, sink, and either a bathtub or shower shall be located within the same building, and every room containing a toilet or bathtub/shower shall be completely enclosed by walls, doors, or windows that will afford sufficiency privacy. 5. There shall be a sufficient number of trash receptacles to accommodate all trash generated by those occupying the short-term rental property, and all receptacles shall comply with Chapter 9 of Title 5 of this Code. 6. Occupancy of a short-term rental property shall comply with Chapter 2 of Title 12 of this Code. 3 11/27/2017 C:IUSERSITNAGEL.VAILGOV.0241APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOK172J80GV51O RD. DOCX 7. The use of portable outdoor fireplaces is prohibited. 8. Electrical panels shall be clearly labeled. 9. All pets shall be subject to Title 6, Chapter 4 of this Code. 4-14-8: PARKING: Parking shall comply with all applicable provisions of this Code. All vehicles shall be parked in designated parking areas, and parking is prohibited in any landscaped area. 4-14-9: SIGNAGE: An owner shall post a sign conspicuously inside the short-term rental property. The sign shall include the local agent's current contact information, the owner's current contact information, the street address of the short-term rental property and the short-term rental license number. 4-14-10: ADVERTISING: All advertising for a short-term rental property shall include the short-term rental license number, immediately following the description of the short- term rental property. 4-14-11: TAXES: The owner shall collect and remit Town sales and lodging taxes on each short-term rental property. 4-14-12: NOTICE: Any notice required by this Chapter to be given to an owner is sufficient if sent by first-class mail to the address provided by the owner on the most recent license or renewal application. Notice given to the local agent, by first-class mail to the address provided by the owner, shall also be sufficient to satisfy any required notice to the owner under this Chapter. 4-14-13: INITIAL COMPLAINTS: Initial complaints concerning a short-term rental property shall be directed to the local agent. The local agent shall resolve the issue that was the subject of the complaint within sixty (60) minutes, or within thirty (30) minutes if the problem occurs between 11:00 p.m. to 7:00 a.m., including visiting the site if necessary. 4 11/27/2017 C: I USERSI TNAGEL. VAILGOV.0241APPDATAI LOCALIMICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTL OOK172J80G V51O RD. DOCX 4-14-14: FORMAL COMPLAINTS AND REVOCATION: A. If an initial complaint is not resolved, a formal complaint may be filed with the Town Manager or designee, on forms provided by the Town. The formal complaint shall describe in detail the violation(s) of this Chapter alleged to have occurred on the short-term rental property. Within three (3) days of receipt of such a complaint, the Town shall provide a copy of the formal complaint to the owner. B. If there are three (3) or more formal complaints issued for the same short-term rental property within any consecutive twelve-month period, the Town Manager or designee may revoke the license for that short-term rental property upon written notice to the owner. The Town Manager or designee may also revoke any short-term rental license that was issued in error. The Town shall notify an owner, in writing, of any revocation and the reasons therefor. C. The owner may appeal any revocation by filing a written appeal with the Town Manager or designee within ten (10) days of the date of the revocation notice. In the written appeal, the owner shall describe the reason for the appeal, and may request a hearing before the Town Manager or designee. The hearing shall be informal, and may be conducted in person or by telephone, at the discretion of the Town Manager or designee. At the hearing, the owner shall have the opportunity to be heard on the revocation. Within ten (10) days of the hearing, the Town Manager or designee shall either uphold or reverse the revocation, in writing. The decision of the Town Manager or designee shall be final, subject only to review under C.R.C.P. 106(a)(4) by a court of competent jurisdiction. D. For a minimum of two (2) years following revocation of a short-term rental license, the Town shall not accept an application for a new license for the same short-term rental property. Following such two-year period, a new short-term rental license shall only be issued for a short-term rental property within a duplex if the record owner of the adjoining residential dwelling unit consents in writing to the issuance of such license. 4-14-15: VIOLATION AND PENALTY: A. It is unlawful for any owner, local agent or occupant of a short-term rental property to violate any provision of this Chapter or any other applicable provision of this Code. B. In addition to any revocation proceedings pursuant to Section 4-14- 13, violations of this Chapter shall be subject to the penalties set forth in Section 1-4-1 of this Code. Each separate act in violation of this Chapter, and each and every day or portion thereof during which any separate act 5 11/27/2017 C:IUSERSITNAGEL.VAILGOV.0241APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOK172J80GV51O RD. DOCX in violation of this Chapter is committed, continued, or permitted, shall be deemed a separate offense. Any remedies provided for in this Chapter shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Section 2. The definition of "short term rental" contained in Section 4-1-2 of the Vail Town Code and Section 4-1-4.B. of the Vail Town Code are hereby repealed in their entirety. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any 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 21st day of November, 2017 and a public hearing for second reading of this Ordinance is set for the 5th day of December, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 6 Dave Chapin, Mayor 11/27/2017 C:IUSERSITNAGEL.VAILGOV.0241APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOK172J80GV51O RD. DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.15, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 11th day of December, 2017. Witness my hand and seal this 11th day of December, 2017. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 15 SERIES 2017 AN ORDINANCE AMENDING TITLE 4 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 14, ENTITLED SHORT-TERM RENTAL PROPERTIES, AND REPEALING SECTIONS IN CONFLICT THEREWITH NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of a new Chapter 14 to read as follows: CHAPTER 14 SHORT-TERM RENTAL PROPERTIES 4-14-1: PURPOSE AND APPLICABILITY: A. The purpose of this Chapter is to establish comprehensive licensing regulations to safeguard the public health, safety and welfare by regulating and controlling the use, occupancy, location and maintenance of short- term rental properties in the Town. B. This Chapter shall apply to short-term rental property only, as defined herein. This Chapter shall not apply to the furnishing of lodging services in hotels, motels, lodges or bed and breakfast establishments, or to properties with long-term leases. C. This Chapter shall not supersede or affect any private conditions, covenants or restrictions applicable to a short-term rental property. 4-14-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: OWNER: The record owner of a residential dwelling unit in the Town who intends to lease or leases the unit as a short-term rental property. LEASE: An agreement or act by which an owner gives to a tenant, for valuable consideration, possession and use of property or a portion thereof for a definite term, at the end of which term the owner has an absolute right to retake control and use of the property. RESIDENTIAL DWELLING UNIT: A building or group of rooms with kitchen facilities designed or used as a dwelling by a family as an independent housekeeping unit, excluding the following, as defined in Title Ordinance No. 15, Series of 2017 12 of this Code, if serviced by a full-time on-site property manager: accommodation unit, bed and breakfast, employee housing unit, fractional fee club unit, lodge dwelling unit, limited service lodge unit, or timeshare unit. SHORT-TERM RENTAL PROPERTY: A residential dwelling unit, or any room therein, available for lease for a term of less than thirty (30) consecutive days. 4-14-3: LICENSE REQUIRED: A valid license is required for each short-term rental property in the Town. 4-14-4: APPLICATION: A. At least thirty (30) days prior to any advertising for or lease of a short-term rental property, the owner shall file a written application for a short-term rental license with the Finance Director or designee, on forms supplied by the Town. The application shall not be deemed complete until all required information is submitted. B. The application fee shall be set by resolution of the Town Council. C. If the proposed short-term rental property is located within a duplex, the application shall include a copy of a written notice provided by the owner to the last known address of the record owner of the adjoining residential dwelling unit. The written notice shall include a copy of the completed application, and shall be sent by first-class United States mail at least seven (7) days prior to the filing of the application. D. No license shall be issued without an affidavit, signed by the owner under penalty of perjury, certifying that the short-term rental property is in habitable condition and complies with the health and safety standards set forth in Section 4-14-7. E. Within thirty (30) days of receipt of a complete application for a short-term rental license, if the Finance Director or designee finds that the application complies with this Chapter, the Finance Director or designee shall issue a short-term rental license. The license shall be issued in the name of the owner, and shall not be transferable. 4-14-5: LICENSE TERM: A. A short-term rental license shall expire on December 31 of each calendar year, or when title of the short-term rental property transfers to a new owner, whichever occurs first. Each change in ownership of a short- term rental property shall require a new license. Ordinance No. 15, Series of 2017 B. An application for renewal of a short-term rental license shall be submitted at least thirty (30) days prior to expiration of the existing license. 4-14-6: LOCAL AGENT REQUIRED: Each owner shall appoint a natural person who remains within a sixty (60) minute distance of the short-term rental property and is available 24 hours per day, 7 days per week, to serve as the local agent for the short-term rental property. The owner shall notify the Finance Director or designee in writing of the appointment of a local agent within five (5) days of such appointment or modification of any such appointment. 4-14-7: HEALTH AND SAFETY STANDARDS: Each short-term rental property shall comply with all of the following standards, at a minimum, at all times while the property is being leased: 1. Buildings, structures or rooms shall not be used for purposes other than those for which they were designed or intended. 2. Roofs, floors, walls, foundations, ceilings, stairs, handrails, guardrails, doors, porches, all other structural components and all appurtenances thereto shall be capable of resisting any and all forces and loads to which they may be normally subjected, and shall be kept in sound condition and in good repair. 3. Smoke detectors, carbon monoxide detectors and fire extinguishers shall be installed and operable, and all wood -burning fireplaces and stoves shall be cleaned on an annual basis. 4. An operable toilet, sink, and either a bathtub or shower shall be located within the same building, and every room containing a toilet or bathtub/shower shall be completely enclosed by walls, doors, or windows that will afford sufficiency privacy. 5. There shall be a sufficient number of trash receptacles to accommodate all trash generated by those occupying the short-term rental property, and all receptacles shall comply with Chapter 9 of Title 5 of this Code. 6. Occupancy of a short-term rental property shall comply with Chapter 2 of Title 12 of this Code. 7. The use of portable outdoor fireplaces is prohibited. 8. Electrical panels shall be clearly labeled. 9. All pets shall be subject to Title 6, Chapter 4 of this Code. Ordinance No. 15, Series of 2017 4-14-8: PARKING: Parking shall comply with all applicable provisions of this Code. All vehicles shall be parked in designated parking areas, and parking is prohibited in any landscaped area. 4-14-9: SIGNAGE: An owner shall post a sign conspicuously inside the short-term rental property. The sign shall include the local agent's current contact information, the owner's current contact information, the street address of the short-term rental property and the short-term rental license number. 4-14-10: ADVERTISING: All advertising for a short-term rental property shall include the short-term rental license number, immediately following the description of the short- term rental property. 4-14-11: TAXES: The owner shall collect and remit Town sales and lodging taxes on each short-term rental property. 4-14-12: NOTICE: Any notice required by this Chapter to be given to an owner is sufficient if sent by first-class mail to the address provided by the owner on the most recent license or renewal application. Notice given to the local agent, by first-class mail to the address provided by the owner, shall also be sufficient to satisfy any required notice to the owner under this Chapter. 4-14-13: INITIAL COMPLAINTS: Initial complaints concerning a short-term rental property shall be directed to the local agent. The local agent shall resolve the issue that was the subject of the complaint within sixty (60) minutes, or within thirty (30) minutes if the problem occurs between 11:00 p.m. to 7:00 a.m., including visiting the site if necessary. 4-14-14: FORMAL COMPLAINTS AND REVOCATION: A. If an initial complaint is not resolved, a formal complaint may be filed with the Town Manager or designee, on forms provided by the Town. The formal complaint shall describe in detail the violation(s) of this Chapter alleged to have occurred on the short-term rental property. Within three (3) days of receipt of such a complaint, the Town shall provide a copy of the formal complaint to the owner. Formal complaints Ordinance No. 15, Series of 2017 shall be signed by an individual and subject to public inspection; no anonymous formal complaints shall be accepted. B. If there are three (3) or more formal complaints issued for the same short-term rental property within any consecutive twelve-month period, the Town Manager or designee may revoke the license for that short-term rental property upon written notice to the owner. The Town Manager or designee may also revoke any short-term rental license that was issued in error. The Town shall notify an owner, in writing, of any revocation and the reasons therefor. C. The owner may appeal any revocation by filing a written appeal with the Town Manager or designee within ten (10) days of the date of the revocation notice. In the written appeal, the owner shall describe the reason for the appeal, and may request a hearing before the Town Manager or designee. The hearing shall be informal, and may be conducted in person or by telephone, at the discretion of the Town Manager or designee. At the hearing, the owner shall have the opportunity to be heard on the revocation. Within ten (10) days of the hearing, the Town Manager or designee shall either uphold or reverse the revocation, in writing. The decision of the Town Manager or designee shall be final, subject only to review under C.R.C.P. 106(a)(4) by a court of competent jurisdiction. D. For a minimum of two (2) years following revocation of a short-term rental license, the Town shall not accept an application for a new license for the same short-term rental property, unless the ownership of the short- term rental property has transferred and a real estate transfer tax has been paid for such transfer pursuant to Chapter 6 of Title 2 of this Code. Following such two-year period, a new short-term rental license shall only be issued for a short-term rental property within a duplex if the record owner of the adjoining residential dwelling unit consents in writing to the issuance of such license. 4-14-15: VIOLATION AND PENALTY: A. It is unlawful for any owner, local agent or occupant of a short-term rental property to violate any provision of this Chapter or any other applicable provision of this Code. B. In addition to any revocation proceedings pursuant to Section 4-14- 13, violations of this Chapter shall be subject to the penalties set forth in Section 1-4-1 of this Code. Each separate act in violation of this Chapter, and each and every day or portion thereof during which any separate act in violation of this Chapter is committed, continued, or permitted, shall be deemed a separate offense. Any remedies provided for in this Chapter Ordinance No. 15, Series of 2017 shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Section 2. The definition of "short term rental" contained in Section 4-1-2 of the Vail Town Code and Section 4-1-4.B. of the Vail Town Code are hereby repealed in their entirety. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any 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. Section 6. Effective Date. This ordinance shall take effect on March 1, 2018. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of November, 2017 and a public hearing for second reading of this Ordinance is set for the 5th day of December, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5t" day of December, 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 15, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.16, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 22nd day of November, 2017. Witness my hand and seal this 22nd day of November, 2017. Tammy Nagel Deputy Clerk ORDINANCE NO. 16 SERIES OF 2017 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2017 TAX YEAR AND PAYABLE IN THE 2018 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 2017 year and payable in the 2018 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2018 fiscal year, the Town Council hereby levies a property tax of 4.694 mills upon each dollar of the total assessed valuation of $1,077,591,330 for the 2017 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,053,904 calculated as follows: Base mill levy 4.690 $5,053,904 Abatement levy .004 _ 4,310 Total mill levy 4.694 $5,058,214 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, Ordinance 16, Series of 2017 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE 1N FULL, this 21st day of November, 2017. A public hearing shall be held hereon at 6 P.M. on the 5th day of December, 2017, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance 16, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.16, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 11th day of December, 2017. Witness my hand and seal this 11th day of December, 2017. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 16 SERIES OF 2017 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2017 TAX YEAR AND PAYABLE IN THE 2018 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 2017 year and payable in the 2018 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2017 fiscal year, the Town Council hereby levies a property tax of 4.694 mills upon each dollar of the total assessed valuation of $1,076,999,160 for the 2017 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,055,757 calculated as follows: Base mill levy 4.690 $5,051,126 Abatement levy 0 .004 4,631 Total mill levy 4.694 $5,055,757 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, Ordinance 16, Series of 2017 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 21st day of November, 2017. A public hearing shall be held hereon at 6 P.M. on the 5th day of December, 2017, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 5th day of December 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance 16, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.17, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 20th day of December, 2017. Witness my hand and seal this 20th day of December, 2017. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 17 SERIES 2017 AN ORDINANCE AMENDING SECTIONS 5-11: ABATEMENT OF DISEASED TREES AND WILDFIRE FUELS AND 12-11: DESIGN REVIEW, RELATED TO VEGETATION REMOVAL FOR WILDFIRE MITIGATION PURPOSES WHEREAS, the Vail Town Council wishes to clarify and codify existing standard operating procedures related to the removal of vegetation for wildfire mitigation purposes; WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed prescribed regulations amendment and on November 13, 2017 submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; WHEREAS, the Vail Town Council finds that the amendment furthers the general and specific purposes of the zoning regulations; WHEREAS, the Vail Town Council finds that the amendment promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-11-7 of the Vail Town Code is hereby amended as follows: Sec. 5-11-7: Permit for Removal An owner desiring to remove diseased trees shall file an application for a permit with the community development department Fire and Emergency Services Department. There shall be no application fee for the permit. The application shall contain a written narrative describing the type, size, quantity and general location of the diseased trees proposed to be removed. The director may perform a site visit prior to taking any action on the permit application. Section 2. Section 12-11-3 of the Vail Town Code is hereby amended as follows: 1 Sec. 12-11-3: Design Approval A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening, and landscape, and vegetation removal approved by the Fire and Emergency Services Department through a Wildfire Hazard Assessment shall be exempt from this provision. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Vail Town Code in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of December, 2017 and a public hearing for second reading of this Ordinance is set for the 2nd day of January, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 2 Dave Chapin, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of January, 2018. ATTEST: Patty McKenny, Town Clerk 3 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.17, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of January, 2018. Witness my hand and seal this 3rd day of January, 2018. ,1,,_,,c\_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 17 SERIES 2017 AN ORDINANCE AMENDING SECTIONS 5-11: ABATEMENT OF DISEASED TREES AND WILDFIRE FUELS AND 12-11: DESIGN REVIEW, RELATED TO VEGETATION REMOVAL FOR WILDFIRE MITIGATION PURPOSES WHEREAS, the Vail Town Council wishes to clarify and codify existing standard operating procedures related to the removal of vegetation for wildfire mitigation purposes; WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed prescribed regulations amendment and on November 13, 2017 submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; WHEREAS, the Vail Town Council finds that the amendment furthers the general and specific purposes of the zoning regulations; WHEREAS, the Vail Town Council finds that the amendment promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-11-7 of the Vail Town Code is hereby amended as follows: Sec. 5-11-7: Permit for Removal An owner desiring to remove diseased trees shall file an application for a permit with the community development department Fire and Emergency Services Department. There shall be no application fee for the permit. The application shall contain a written narrative describing the type, size, quantity and general location of the diseased trees proposed to be removed. The director may perform a site visit prior to taking any action on the permit application. Section 2. Section 12-11-3 of the Vail Town Code is hereby amended as follows: 1 Sec. 12-11-3: Design Approval A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening, and landscape, and vegetation removal approved by the Fire and Emergency Services Department through a Wildfire Hazard Assessment shall be exempt from this provision. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Vail Town Code in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of December, 2017 and a public hearing for second reading of this Ordinance is set for the 2nd day of January, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 2 Dave Chapin, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of January, 2018. ATTEST: Patty McKenny, Town Clerk 3 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.19, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 11th day of December, 2017. Witness my hand and seal this 11th day of December, 2017. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 19 SERIES 2017 AN ORDINANCE REPEALING CHAPTER 8 OF TITLE 5 AND AMENDING SECTION 10-1-4 OF THE VAIL TOWN CODE BY AMENDING SECTIONS OF THE 2015 INTERNATIONAL FIRE CODE, CONCERNING OPEN BURNING WHEREAS, pursuant to Ordinance No. 14, Series 2015, the Town adopted by reference the 2015 International Fire Code ("IFC"); WHEREAS, in Section 10-1-4 of the Vail Town Code, the Town enacted certain amendments to the IFC; and WHEREAS, the Town Council now desires to further amend the IFC concerning open burning, and to repeal duplicative provisions contained in Chapter 8 of Title 5 of the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 8 of Title 5 of the Vail Town Code is hereby repealed in its entirety. Section 2. The following provisions of Section 10-1-4 of the Vail Town Code are hereby amended to read as follows: Section 202 — Definitions: The definition of "Portable outdoor fireplace" in Section 202 is hereby deleted and replaced with the following: "Portable outdoor fireplace: A portable outdoor, solid -fuel -burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material and equipped with a screen or other approved spark arrestor. A portable outdoor appliance may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney on top." Section 307.1.1 — Prohibited Open Burning: Section 307.1.1 is deleted and replaced with the following: "The following activities are unlawful in the Town: A. Open burning; 1 11/28/2017 M:IPREVENTIONI2017IFIRE REGULATIONS-O112817.DOCX B. Bonfires; C. The burning of any materials when a National Weather Service Red Flag Warning is activated; D. The burning of any materials when Eagle County has enacted Stage 2 or Stage 3 fire restrictions; and Exceptions: 1. Burning conducted for training purposes by the Vail Fire and Emergency Services; 2. When the burning is a smokeless flare or a safety flare used to indicate some danger to the public; and 3. Open burning conducted pursuant to a permit issued by the Fire Code Official upon written application, if the Fire Code Official determines that such burning will be done without hazard to the public health, safety or welfare." 4. Prescribed burning for purpose of reducing the impact of wildland fire when authorized by the Fire Code Official. Section 307.3 — Extinguishment Authority: Section 307.3 is deleted and replaced with the following: "If any permitted open burning (including use of a portable outdoor fireplace) creates or otherwise adds to a hazardous situation or creates a nuisance or health risk due to smoke or other products of combustion, the fire shall be ordered to be extinguished by the Town fire department or police department." * * * Section 307.4.3 — Portable Outdoor Fireplaces: Section 307.4.3 is hereby deleted and replaced with the following: "Use of a portable outdoor fireplace shall be permitted subject to the following restrictions: 1. Portable outdoor fireplaces shall be equipped with properly fitting spark screens or arrestors; 2. Portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions; 2 11/28/2017 M:IPREVENTIONI2017IFIRE REGULATIONS-O112817.DOCX 3. Portable outdoor fireplaces shall contain a minimum clearance of fifteen (15) feet from a structure or combustible materials; 4. The smoke from a portable outdoor fireplace shall be maintained in such a manner to avoid causing a nuisance or hazardous condition; 5. The fire shall be constantly attended by an adult until the fire is extinguished; and 6. The user shall, at all times, have a minimum of one (1) portable fire extinguisher containing a minimum 4-A rating or other approved on-site fire -extinguishing equipment, such as dirt, sand, water barrels, garden hose, or water truck available for immediate utilization. 7. Use of a portable outdoor fireplace on a short-term rental property is prohibited." Section 307.5 — Attendance: Section 307.5 is hereby deleted and replaced with the following: "Permitted open burning, including the use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire -extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization." Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 3 11/28/2017 M:IPREVENTIONI2017IFIRE REGULATIONS-O112817.DOCX 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 December, 2017 and a public hearing for second reading of this Ordinance is set for the 19th day of December, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of December, 2017. ATTEST: Patty McKenny, Town Clerk 4 Dave Chapin, Mayor 11/28/2017 M:IPREVENTION12017IFIRE REGULATIONS-O112817.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.19, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 20th day of December, 2017. Witness my hand and seal this 20th day of December, 2017. ,I,L,_,,c_s, Tammy Nagel Deputy Clerk ORDINANCE NO. 19 SERIES 2017 AN ORDINANCE REPEALING CHAPTER 8 OF TITLE 5 AND AMENDING SECTION 10-1-4 OF THE VAIL TOWN CODE BY AMENDING SECTIONS OF THE 2015 INTERNATIONAL FIRE CODE, CONCERNING OPEN BURNING WHEREAS, pursuant to Ordinance No. 14, Series 2015, the Town adopted by reference the 2015 International Fire Code ("IFC"); WHEREAS, in Section 10-1-4 of the Vail Town Code, the Town enacted certain amendments to the IFC; and WHEREAS, the Town Council now desires to further amend the IFC concerning open burning, and to repeal duplicative provisions contained in Chapter 8 of Title 5 of the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 8 of Title 5 of the Vail Town Code is hereby repealed in its entirety. Section 2. The following provisions of Section 10-1-4 of the Vail Town Code are hereby amended to read as follows: Section 202 — Definitions: The definition of "Portable outdoor fireplace" in Section 202 is hereby deleted and replaced with the following: "Portable outdoor fireplace: A portable outdoor, solid -fuel -burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material and equipped with a screen or other approved spark arrestor. A portable outdoor appliance may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney on top." Section 307.1.1 — Prohibited Open Burning: Section 307.1.1 is deleted and replaced with the following: "The following activities are unlawful in the Town: A. Open burning; 1 11/28/2017 M:IPREVENTIONI2017IFIRE REGULATIONS-O112817.DOCX B. Bonfires; C. The burning of any materials when a National Weather Service Red Flag Warning is activated; D. The burning of any materials when Eagle County has enacted Stage 2 or Stage 3 fire restrictions; and Exceptions: 1. Burning conducted for training purposes by the Vail Fire and Emergency Services; 2. When the burning is a smokeless flare or a safety flare used to indicate some danger to the public; and 3. Open burning conducted pursuant to a permit issued by the Fire Code Official upon written application, if the Fire Code Official determines that such burning will be done without hazard to the public health, safety or welfare." 4. Prescribed burning for purpose of reducing the impact of wildland fire when authorized by the Fire Code Official. Section 307.3 — Extinguishment Authority: Section 307.3 is deleted and replaced with the following: "If any permitted open burning (including use of a portable outdoor fireplace) creates or otherwise adds to a hazardous situation or creates a nuisance or health risk due to smoke or other products of combustion, the fire shall be ordered to be extinguished by the Town fire department or police department." * * * Section 307.4.3 — Portable Outdoor Fireplaces: Section 307.4.3 is hereby deleted and replaced with the following: "Use of a portable outdoor fireplace shall be permitted subject to the following restrictions: 1. Portable outdoor fireplaces shall be equipped with properly fitting spark screens or arrestors; 2. Portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions; 2 11/28/2017 M:IPREVENTIONI2017IFIRE REGULATIONS-O112817.DOCX 3. Portable outdoor fireplaces shall contain a minimum clearance of fifteen (15) feet from a structure or combustible materials; 4. The smoke from a portable outdoor fireplace shall be maintained in such a manner to avoid causing a nuisance or hazardous condition; 5. The fire shall be constantly attended by an adult until the fire is extinguished; and 6. The user shall, at all times, have a minimum of one (1) portable fire extinguisher containing a minimum 4-A rating or other approved on-site fire -extinguishing equipment, such as dirt, sand, water barrels, garden hose, or water truck available for immediate utilization. 7. Use of a portable outdoor fireplace on a short-term rental property is prohibited." Section 307.5 — Attendance: Section 307.5 is hereby deleted and replaced with the following: "Permitted open burning, including the use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire -extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization." Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 3 11/28/2017 M:IPREVENTIONI2017IFIRE REGULATIONS-O112817.DOCX 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 December, 2017 and a public hearing for second reading of this Ordinance is set for the 19th day of December, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of December, 2017. ATTEST: Patty McKenny, Town Clerk 4 Dave Chapin, Mayor 11/28/2017 M:IPREVENTION12017IFIRE REGULATIONS-O112817.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.20 Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 11th day of December, 2017. Witness my hand and seal this 11th day of December, 2017. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 20 SERIES OF 2017 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HOUSING FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, HEAVY EQUIPMENT FUND, HEATH INSURANCE FUND, AND TIMBER RIDGE FUND OF THE 2017 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 2017 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 28, Series of 2016, adopting the 2017 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 2017 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 340,978 Capital Projects Fund 1,292,336 Housing Fund 5,053,587 Real Estate Transfer Tax Fund 229,735 Dispatch 565,815 Heavy Equipment Fund 125,000 Health Insurance Fund 450,000 Timber Ridge Fund 45,000 Total $ 8,102,452 Less Interfund Transfers (4,887,030) Net Total $ 3,215,422 Ordinance No. 20, Series of 2017 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of December, 2017, and a public hearing shall be held on this Ordinance on the 19th day of December, 2017, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 20, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.20 Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 20th day of December, 2017. Witness my hand and seal this 20th day of December, 2017. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 20 SERIES OF 2017 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HOUSING FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, HEAVY EQUIPMENT FUND, HEATH INSURANCE FUND, AND TIMBER RIDGE FUND OF THE 2017 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 2017 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 28, Series of 2016, adopting the 2017 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 2017 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 351,978 Capital Projects Fund 2,257,641 Housing Fund 5,221,087 Real Estate Transfer Tax Fund 251,253 Dispatch 565,815 Heavy Equipment Fund 125,000 Health Insurance Fund 450,000 Timber Ridge Fund 45,000 Total $ 9,267,774 Less Interfund Transfers (5,042,500) Net Total $ 4,225,274 Ordinance No. 20, Series of 2017 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of December, 2017, and a public hearing shall be held on this Ordinance on the 19th day of December, 2017, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 20, Series of 2017 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 19th day of December 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 20, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.21 Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 11th day of December, 2017. Witness my hand and seal this 11th day of December, 2017. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 21 SERIES OF 2017 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 20, SERIES OF 2005, PROVIDING FOR A MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Ordinance No. 20, Series of 2005, reestablished Special Development District No. 36, Four Seasons Resort; WHEREAS, amendments to a Special Development District are permitted pursuant to the parameters set forth in Section 12-9A-10, Vail Town Code; WHEREAS, the Planning and Environmental Commission of the Town held a public hearing on September 11, 2017 to consider the proposed amendments in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval to the Council by a vote of 6-0-0; WHEREAS, the Council finds that the proposed amendments to Special Development District No. 36, Four Seasons Resort, comply with the design criteria outlined in Section 12-9A-8, Vail Town Code; WHEREAS, the Council finds that the Special Development District amendments comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; WHEREAS, the Council finds that the Special Development District amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; WHEREAS, the Council finds that the Special Development District amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; Ordinance No. 21, Series of 2017 1 WHEREAS, the Council finds that the Special Development District amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, the approval of these Special Development District amendments, and the development standards in regard thereto, shall not establish a precedent or entitlements elsewhere within the Town; WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 20, Series of 2005, is hereby repealed and reenacted as follows: (all additions are illustrated with bold italics, deletions are illustrated with strikethrough): Section 1. Purpose of the Ordinance The purpose of Ordinance No. 20 21, Series of 2005 2017, is to amend an Approved Development Plan for Special Development District No. 36 Four Seasons Resort, and to prescribe appropriate development standards for Special Development District No. 36, in accordance with the provisions of Chapter 12-9A, Vail Town Code. The "underlying" zone district for Special Development District No. 36 shall remain Public Accommodation zone district. Section 2. Establishment Procedures Fulfilled, Planning Commission Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 36, Four Seasons Resort. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Development District No. 36 The Special Development District is hereby amended 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 recreation Ordinance No. 21, Series of 2017 2 amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 36, Four Seasons Resort, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been amended because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards — Special Development District No. 36, Four Seasons Resort Development Plan The Approved Development Plan for Special Development District No. 36, Four Seasons Resort, shall include the following plans and materials provided by Zehren and Associates, Inc., and Hill Glazier Architects, and Alpine Engineering, dated August 8, 2005, and stamped approved by the Town of Vail, dated August 8, 2005 and the plans provided by Braun Associates, dated July, 2017: a. C1. Existing Conditions Plan b. C3. Water and Sanitary Sewer Plan c. C4. Grading and Drainage Plan d. C5. Erosion and Sediment Control Plan e. C6. Shall Utility Plan f. A-2.0.1 Level 1 Plan (132') g. A-2.0.2 Level 2 Plan (140', 142') h. A-2.0.3 Level 3 Plan (152') i. A-2.0.4 Level 4 Plan (162') j. A-2.0.5 Level 5 Plan (172') k. A-2.0.6 Level 6 Plan (182') I. A-2.0.7 Level 7 Plan (192') m. A-2.0.8 Level 8 Plan (202') n. A-2.0.9 Level 9 Plan (212') o. A-2.0.10 Level 10 Plan (222') p. A-2.0.11 Roof Plan q. A-5.0.1 Elevations r. A-5.0.2 Elevations s. A-5.0.3 Elevations t. A-8.0.1 Site Plan North u. A-8.0.2 Site Plan South v. A-9.0.1 Landscape Plan North w. A-9.0.2 Landscape Plan South x. A-10.0.1 Building Height Calculations — Absolute Height/Interpolated Contours y. A-10.0.2 Building Height Calculations — Maximum Height/Interpolated Contours z. A-10.0.3 Building Height Calculations at Proposed Grades Ordinance No. 21, Series of 2017 3 aa. A-11.0.1 Existing Circulations bb. A-11.0.2 Proposed Circulations cc. A-12.0.1 Off-site Improvements Plan dd. A-13.0.1 Landscape Area ee. A-14.0.1 Hardscape Area ff. A-15.0.1 Above Ground Site Coverage gg. A-15.0.2 Site Coverage Below Grade hh. A-16.0.1 Streetscape Elevations ii. Level 1— Existing and Proposed Condition jj. Level 2 — Existing and Proposed Condition kk. Level 3 — Existing and Proposed Condition II. Level 4 — Existing and Proposed Condition mm. Level 5 — Existing and Proposed Condition nn. Level 6— Existing and Proposed Condition oo. Level 7 — Existing and Proposed Condition pp. Level 8 — Existing and Proposed Condition qq. Level 9 — Existing and Proposed Condition rr. Level 10 — Existing and Proposed Condition ss. Level 1 and Level 2 — Existing Parking tt. Level 1 and Level 2 — Proposed Parking Permitted Uses — The permitted uses in Special Development District No. 36 shall be as set forth in the development plans referenced in Section 4 of this ordinance. Conditional Use — The conditional uses for Special Development District No. 36, Four Seasons Resort, shall be set forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. Density — Units per Acre — Dwelling Units, Accommodation Units, Fractional Fee Club Units and Employee Housing Units — The number of units permitted in Special Development District No. 36, Four Seasons Resort, shall not exceed the following: Dwelling Units — 16 28 Accommodation Units — 122 130 Fractional Fee Club Units —1-9 6 Type 111 Employee Housing Units — 28 Attached Accommodation Units — 18 Ordinance No. 21, Series of 2017 4 Density — Floor Area — The gross residential floor area (GRFA), common area and commercial square footage permitted for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Specifically: GRFA — 177,609 square feet Retail — 2,386 square feet Restaurant/Lounge — 5,946 square feet (seating capacity) Conference Facilities — 11,139 square feet Health Club and Spa — 18,577 square feet Setbacks — Required setbacks for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height — The maximum building height for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (89 feet maximum). Site Coverage — The maximum site coverage allowed for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (70,150 square feet above grade or 59%; and 85,091 square feet below grade or 71 %). Landscaping — The minimum landscape area requirement for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (35,268 square feet or 30%). Ordinance No. 21, Series of 2017 5 Parking and Loading — The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 36, Four Seasons Resort, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (211 230 spaces required, 215 235 spaces provided). In no instance shall Vail Road, West Meadow Drive or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a condominium owner, fractional fee owner, tenant, occupant or other user of the building, except that six (6) of the required spaces may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail nor shall it limit the number of spaces available for sale or lease to condominium and/or fractional fee owners. Section 5. Approval Agreements for Special Development District No. 36, Four Seasons Resort The approval Special Development District No. 36, Four Seasons Resort shall be conditioned upon the developer's demonstrated compliance with the following approval agreements: 1 That the developer shall provide deed -restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 56 employees on the Four Seasons Resort site, and that said deed -restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 2. That the Memorandum of Understanding as provided in Exhibit A, shall be adopted with the second reading of Ordinance No. 20, Series of 2005. This fulfills approval agreement number 2 of first reading of Ordinance No. 20, Series of 2005. 3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. Ordinance No. 21, Series of 2017 6 4. That the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 7. That the developer shall post a bond to provide financial security for the 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the developer shall comply with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a set of revised plans for Town review and approval prior to building permit submittal. 9. That the required Type III deed -restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 10. That the developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 11. That the developer shall submit a written letter of approval from Nine Vail Road Condominium Association, the Scorpio Condominium Association, and the Alphorn Condominium Association granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation, and landscaping improvements, respectively, prior to the issuance of a building permit. 12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property Ordinance No. 21, Series of 2017 7 line. All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit. 13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall record a pedestrian easement for this connection for review and approval by the Town Attorney prior to issuance of a Temporary Certificate of Occupancy. 14. That the developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town for review and approval by the Town Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. 15. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, 2003, Traffic Study. The net increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips, respectively being 155-(108+7) = 40 net peak trips @ $5,000 = $200,000. This fee will be offset by the cost of non -adjacent improvements constructed. 16. That the developer shall receive approval for all required permits (CDOT access, ACOE, dewatering, storm -water discharge, etc.) prior to issuance of a building permit. 17. That the developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town for civil approval by the Department of Public Works, prior to submittal of a building permit. 18. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building permit. 19. That the developer shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be provided for review and approval by the Design Review Board. Ordinance No. 21, Series of 2017 8 20. That the developer shall provide additional survey information of the south side of the Frontage Road to show existing trees to be removed and additional survey in front of the Scorpio building in order to show accurate grades for the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. 21. That the developer is responsible for 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property line from Mayors' park to western most property line of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including, drainage, lighting, art, streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall match and be coordinated with the proposed Town of Vail Streetscape plan for West Meadow Drive and shall be provided for review and approval by the Design Review Board. 22. That the developer shall incorporate public art into the development, and shall coordinate all art proposals with the Art in Public Places Board, subject to review and approval by the Design Review Board. 23. That the developer shall resolve all of the following design -related issues for final Design Review Board review and approval: a. Proposed hydrant relocation at the NW corner of the property shall be graded to be level with the proposed sidewalk and landscaping will be located as to not interfere with the operation of the hydrant. b. The cross -slope on the West Meadow Drive walk shall maintain a max. 2.0% cross slope that is sloped towards the road. c. The boulder walls and grading at the SE corner of the property shall be modified as to not impact the existing 2-36" CMP's. d. The foundation wall at the SE corner of the parking structure shall be modified to accommodate the existing Spraddle Creek vault. e. The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with the existing phone vault. f. All known existing utilities shall be shown on a plan with the proposed drainage and utilities in order to clarify potential conflicts. g. The proposed walk that meets the frontage road walk at the eastern portion of the property shall be realigned slightly to the west to avoid the existing inlet. h. Fire staging turning movements shall be show on plans. i. Retaining walls west of the loading and delivery access drive shall be curved/angled in order to "bench" access drive wall. j. Top of wall elevation for the Frontage Rd -West Meadow Drive path Ordinance No. 21, Series of 2017 9 reads as 185.S?(Typo). k. Railings shall be provided for paths where necessary. I. Show edge of existing pavement for Frontage road on civil plans and show match point. m. Erosion control plan shall be updated. n. Show grading around proposed electric vault. o. Show driveway grades, spot elevations on civil plans. p. Show additional TOW/BOW elevations on pool walls. 24. That the developer shall begin initial construction of the Four Seasons Resort within three years from the time of its final approval at second reading of the ordinance amending Special Development District No. 36, Four Seasons Resort, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 25. That the developer shall commit no act or omission in any way to cause the current operation of the Chateau at Vail to cease until such time as a demolition permit is issued by the Department of Community Development. 26. The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property. 27. Prior to issuance of any certificate of occupancy for any unit associated with the altering of the unit mix and/or unit count in the subject property, the applicant shall cause an offsite Town of Vail deed restriction to be recorded with the Eagle County Clerk and Recorder for an employee housing unit, with a minimum of two - bedrooms and 788 square feet, located within the Town of Vail. 28. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall pay to the Town of Vail a $89,600 traffic mitigation fee, based on the Department of Public Works' estimate of eight (8) net new PM peak hour vehicular trips in the amount of $11,200 per net new trip, unless the applicant provides a traffic study that demonstrates less than eight (8) net new PM peak hour vehicular trips and said study is accepted by the Ordinance No. 21, Series of 2017 10 Department of Public Works. 29. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall provide 2,000 square feet of off-site, deed -restricted employee housing within the Town of Vail, in addition to the original proposal of a two-bedroom, 788 minimum square foot, deed -restricted unit. Section 6. If any part, section subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 2. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. Ordinance No. 21, Series of 2017 11 Section 4. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of December, 2017 and a public hearing for second reading of this Ordinance set for the 19th day of December, 2017, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in full this 19th day of December, 2017. ATTEST: Patty McKenny, Town Clerk Ordinance No. 21, Series of 2017 12 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21 Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 20th day of December, 2017. Witness my hand and seal this 20th day of December, 2017. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 21 SERIES OF 2017 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 20, SERIES OF 2005, PROVIDING FOR A MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Ordinance No. 20, Series of 2005, reestablished Special Development District No. 36, Four Seasons Resort; WHEREAS, amendments to a Special Development District are permitted pursuant to the parameters set forth in Section 12-9A-10, Vail Town Code; WHEREAS, the Planning and Environmental Commission of the Town held a public hearing on September 11, 2017 to consider the proposed amendments in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval to the Council by a vote of 6-0-0; WHEREAS, the Council finds that the proposed amendments to Special Development District No. 36, Four Seasons Resort, comply with the design criteria outlined in Section 12-9A-8, Vail Town Code; WHEREAS, the Council finds that the Special Development District amendments comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; WHEREAS, the Council finds that the Special Development District amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; WHEREAS, the Council finds that the Special Development District amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; Ordinance No. 21, Series of 2017 1 WHEREAS, the Council finds that the Special Development District amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; WHEREAS, the approval of these Special Development District amendments, and the development standards in regard thereto, shall not establish a precedent or entitlements elsewhere within the Town; WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 20, Series of 2005, is hereby repealed and reenacted as follows: (all additions are illustrated with bold italics, deletions are illustrated with strikethrough): Section 1. Purpose of the Ordinance The purpose of Ordinance No. 20 21, Series of 2005 2017, is to amend an Approved Development Plan for Special Development District No. 36 Four Seasons Resort, and to prescribe appropriate development standards for Special Development District No. 36, in accordance with the provisions of Chapter 12-9A, Vail Town Code. The "underlying" zone district for Special Development District No. 36 shall remain Public Accommodation zone district. Section 2. Establishment Procedures Fulfilled, Planning Commission Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 36, Four Seasons Resort. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Development District No. 36 The Special Development District is hereby amended 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 recreation Ordinance No. 21, Series of 2017 2 amenities, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 36, Four Seasons Resort, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been amended because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards — Special Development District No. 36, Four Seasons Resort Development Plan The Approved Development Plan for Special Development District No. 36, Four Seasons Resort, shall include the following plans and materials provided by Zehren and Associates, Inc., and Hill Glazier Architects, and Alpine Engineering, dated August 8, 2005, and stamped approved by the Town of Vail, dated August 8, 2005 and the plans provided by Braun Associates, dated July, 2017: a. C1. Existing Conditions Plan b. C3. Water and Sanitary Sewer Plan c. C4. Grading and Drainage Plan d. C5. Erosion and Sediment Control Plan e. C6. Shall Utility Plan f. A-2.0.1 Level 1 Plan (132') g. A-2.0.2 Level 2 Plan (140', 142') h. A-2.0.3 Level 3 Plan (152') i. A-2.0.4 Level 4 Plan (162') j. A-2.0.5 Level 5 Plan (172') k. A-2.0.6 Level 6 Plan (182') I. A-2.0.7 Level 7 Plan (192') m. A-2.0.8 Level 8 Plan (202') n. A-2.0.9 Level 9 Plan (212') o. A-2.0.10 Level 10 Plan (222') p. A-2.0.11 Roof Plan q. A-5.0.1 Elevations r. A-5.0.2 Elevations s. A-5.0.3 Elevations t. A-8.0.1 Site Plan North u. A-8.0.2 Site Plan South v. A-9.0.1 Landscape Plan North w. A-9.0.2 Landscape Plan South x. A-10.0.1 Building Height Calculations — Absolute Height/Interpolated Contours y. A-10.0.2 Building Height Calculations — Maximum Height/Interpolated Contours z. A-10.0.3 Building Height Calculations at Proposed Grades Ordinance No. 21, Series of 2017 3 aa. A-11.0.1 Existing Circulations bb. A-11.0.2 Proposed Circulations cc. A-12.0.1 Off-site Improvements Plan dd. A-13.0.1 Landscape Area ee. A-14.0.1 Hardscape Area ff. A-15.0.1 Above Ground Site Coverage gg. A-15.0.2 Site Coverage Below Grade hh. A-16.0.1 Streetscape Elevations ii. Level 1— Existing and Proposed Condition jj. Level 2 — Existing and Proposed Condition kk. Level 3 — Existing and Proposed Condition II. Level 4 — Existing and Proposed Condition mm. Level 5 — Existing and Proposed Condition nn. Level 6— Existing and Proposed Condition oo. Level 7 — Existing and Proposed Condition pp. Level 8 — Existing and Proposed Condition qq. Level 9 — Existing and Proposed Condition rr. Level 10 — Existing and Proposed Condition ss. Level 1 and Level 2 — Existing Parking tt. Level 1 and Level 2 — Proposed Parking Permitted Uses — The permitted uses in Special Development District No. 36 shall be as set forth in the development plans referenced in Section 4 of this ordinance. Conditional Use — The conditional uses for Special Development District No. 36, Four Seasons Resort, shall be set forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. Density — Units per Acre — Dwelling Units, Accommodation Units, Fractional Fee Club Units and Employee Housing Units — The number of units permitted in Special Development District No. 36, Four Seasons Resort, shall not exceed the following: Dwelling Units — 16 28 Accommodation Units — 122 130 Fractional Fee Club Units —1-9 6 Type 111 Employee Housing Units — 28 Attached Accommodation Units — 18 Ordinance No. 21, Series of 2017 4 Density — Floor Area — The gross residential floor area (GRFA), common area and commercial square footage permitted for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Specifically: GRFA — 177,609 square feet Retail — 2,386 square feet Restaurant/Lounge — 5,946 square feet (seating capacity) Conference Facilities — 11,139 square feet Health Club and Spa — 18,577 square feet Setbacks — Required setbacks for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Height — The maximum building height for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (89 feet maximum). Site Coverage — The maximum site coverage allowed for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (70,150 square feet above grade or 59%; and 85,091 square feet below grade or 71 %). Landscaping — The minimum landscape area requirement for Special Development District No. 36, Four Seasons Resort, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (35,268 square feet or 30%). Ordinance No. 21, Series of 2017 5 Parking and Loading — The required number of off-street parking spaces and loading/delivery berths for Special Development District No. 36, Four Seasons Resort, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (211 230 spaces required, 215 235 spaces provided). In no instance shall Vail Road, West Meadow Drive or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a condominium owner, fractional fee owner, tenant, occupant or other user of the building, except that six (6) of the required spaces may be utilized by the Holiday House Condominium Association, d/b/a Nine Vail Road Condominiums for parking pursuant to the terms of a recorded Easement Agreement. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail nor shall it limit the number of spaces available for sale or lease to condominium and/or fractional fee owners. Section 5. Approval Agreements for Special Development District No. 36, Four Seasons Resort The approval Special Development District No. 36, Four Seasons Resort shall be conditioned upon the developer's demonstrated compliance with the following approval agreements: 1 That the developer shall provide deed -restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of 56 employees on the Four Seasons Resort site, and that said deed -restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 2. That the Memorandum of Understanding as provided in Exhibit A, shall be adopted with the second reading of Ordinance No. 20, Series of 2005. This fulfills approval agreement number 2 of first reading of Ordinance No. 20, Series of 2005. 3. That the developer shall record a drainage easement for Spraddle Creek. The easement shall be prepared by the developer and submitted for review and approval by the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. Ordinance No. 21, Series of 2017 6 4. That the developer shall submit a final exterior building materials list, a typical wall section and complete color renderings for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 5. That the developer shall submit a comprehensive sign program proposal for the Four Seasons Resort for review and approval by the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy for the Four Seasons Resort. 6. That the developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and visually screened from public view. 7. That the developer shall post a bond to provide financial security for the 150% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the developer shall comply with all fire department staging and access requirements pursuant to Title 14, Development Standards, Vail Town Code. This will be demonstrated on a set of revised plans for Town review and approval prior to building permit submittal. 9. That the required Type III deed -restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 10. That the developer shall coordinate the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers shall be part of the final landscape plan to be submitted for review and approval by the Design Review Board. 11. That the developer shall submit a written letter of approval from Nine Vail Road Condominium Association, the Scorpio Condominium Association, and the Alphorn Condominium Association granting access to allow for the construction of sidewalk, drainage, Spraddle Creek relocation, and landscaping improvements, respectively, prior to the issuance of a building permit. 12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway from the Frontage Road bus stop adjacent to the West Star Bank then continuing east to Vail Road and then south to the 9 Vail Road property Ordinance No. 21, Series of 2017 7 line. All work related to providing these improvements including lighting, retaining, utility relocation, curb and gutter, drainage and landscaping shall be included. A plan shall be submitted for review and approval by the Town and the Design Review Board prior to submittal of a building permit. 13. That the developer shall provide a heated pedestrian walk connection from the Frontage Road to West Meadow Drive. The developer shall record a pedestrian easement for this connection for review and approval by the Town Attorney prior to issuance of a Temporary Certificate of Occupancy. 14. That the developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town for review and approval by the Town Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. 15. That the developer shall be assessed an impact fee of $5,000 for all net increase in pm traffic generation as shown in the revised April 4, 2003, Traffic Study. The net increase shall be calculated using the proposed peak generating trips less the existing Resort Hotel and Auto Care Center trips, respectively being 155-(108+7) = 40 net peak trips @ $5,000 = $200,000. This fee will be offset by the cost of non -adjacent improvements constructed. 16. That the developer shall receive approval for all required permits (CDOT access, ACOE, dewatering, storm -water discharge, etc.) prior to issuance of a building permit. 17. That the developer shall submit a full site grading and drainage plan for review and approval by the Town and the Design Review Board. The drainage plan will need to be substantiated by a drainage report provided by a Colorado professional Engineer, include all drainage, roof drains, landscape drains etc., and how they will connect with the TOV storm system. The developer shall submit all final civil plans and final drainage report to the Town for civil approval by the Department of Public Works, prior to submittal of a building permit. 18. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building permit. 19. That the developer shall be responsible for all work related to providing landscaping and lighting within the proposed Frontage Rd. medians. A detailed landscape plan of the medians shall be provided for review and approval by the Design Review Board. Ordinance No. 21, Series of 2017 8 20. That the developer shall provide additional survey information of the south side of the Frontage Road to show existing trees to be removed and additional survey in front of the Scorpio building in order to show accurate grades for the construction of the path from the Four Seasons to the bus stop at West Star bank. Final design shall be reviewed and approved by the Town and the Design Review Board. 21. That the developer is responsible for 100% of final design improvements along West Meadow Drive from the centerline of the road back to the Four Seasons property line from Mayors' park to western most property line of the Four Seasons, including any drainage and grade tie-ins beyond the west property line. This includes all improvements, including, drainage, lighting, art, streetscape enhancements, edge treatments, curbs, heated walks, etc. Final plans shall match and be coordinated with the proposed Town of Vail Streetscape plan for West Meadow Drive and shall be provided for review and approval by the Design Review Board. 22. That the developer shall incorporate public art into the development, and shall coordinate all art proposals with the Art in Public Places Board, subject to review and approval by the Design Review Board. 23. That the developer shall resolve all of the following design -related issues for final Design Review Board review and approval: a. Proposed hydrant relocation at the NW corner of the property shall be graded to be level with the proposed sidewalk and landscaping will be located as to not interfere with the operation of the hydrant. b. The cross -slope on the West Meadow Drive walk shall maintain a max. 2.0% cross slope that is sloped towards the road. c. The boulder walls and grading at the SE corner of the property shall be modified as to not impact the existing 2-36" CMP's. d. The foundation wall at the SE corner of the parking structure shall be modified to accommodate the existing Spraddle Creek vault. e. The proposed Spraddle Creek vault and concrete box culvert shall be modified to work with the existing phone vault. f. All known existing utilities shall be shown on a plan with the proposed drainage and utilities in order to clarify potential conflicts. g. The proposed walk that meets the frontage road walk at the eastern portion of the property shall be realigned slightly to the west to avoid the existing inlet. h. Fire staging turning movements shall be show on plans. i. Retaining walls west of the loading and delivery access drive shall be curved/angled in order to "bench" access drive wall. j. Top of wall elevation for the Frontage Rd -West Meadow Drive path Ordinance No. 21, Series of 2017 9 reads as 185.S?(Typo). k. Railings shall be provided for paths where necessary. I. Show edge of existing pavement for Frontage road on civil plans and show match point. m. Erosion control plan shall be updated. n. Show grading around proposed electric vault. o. Show driveway grades, spot elevations on civil plans. p. Show additional TOW/BOW elevations on pool walls. 24. That the developer shall begin initial construction of the Four Seasons Resort within three years from the time of its final approval at second reading of the ordinance amending Special Development District No. 36, Four Seasons Resort, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 25. That the developer shall commit no act or omission in any way to cause the current operation of the Chateau at Vail to cease until such time as a demolition permit is issued by the Department of Community Development. 26. The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property. 27. The applicant shall provide a minimum of 2,000 square feet of deed - restricted employee housing within the Town of Vail, to be recorded with the Eagle County Clerk and Recorder. Said deed -restricted employee housing shall be provided in the following manner: a. Prior to the issuance of any certificate of occupancy resulting in any decrease in the amount of accommodation units (AUs) or increase in the amount of dwelling units (DUs), the applicant shall provide a deed -restricted employee housing unit with a minimum of two bedrooms and approximately 788 square feet; and b. Prior to March 31, 2019, the applicant shall provide a deed - restricted employee housing unit, with a minimum of Ordinance No. 21, Series of 2017 10 approximately 1,212 square feet. 28. Prior to issuance of any building permit resulting in any decrease in the amount of accommodation units (AUs) or increase in the amount of dwelling units (DUs), the applicant shall pay to the Town of Vail a $81,312 traffic mitigation fee, based on the Department of Public Works' estimate of 7.2 net new PM peak hour vehicular trips. Section 6. If any part, section subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 2. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. Ordinance No. 21, Series of 2017 11 Section 4. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of December, 2017 and a public hearing for second reading of this Ordinance set for the 19th day of December, 2017, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in full this 19th day of December, 2017. ATTEST: Patty McKenny, Town Clerk Ordinance No. 21, Series of 2017 12 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22 Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 20th day of December, 2017. Witness my hand and seal this 20th day of December, 2017. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 22 SERIES 2017 AN ORDINANCE AMENDING TITLE 7, CHAPTER 3, ARTICLES C AND D OF THE VAIL TOWN CODE, REGARDING PENALTIES FOR CERTAIN PARKING VIOLATIONS WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate and restrict the stopping, standing, or parking of vehicles within its jurisdiction; and WHEREAS, pursuant to Article XX, § 6(h) of the Colorado Constitution, the Town is empowered to collect, enforce, and impose fines and penalties for the violation of its local laws. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-3C-2 of the Vail Town Code is hereby repealed in its entirety. Section 2. Section 7-3D-1 of the Vail Town Code hereby is repealed in its entirety and reenacted to read as follows: 7-3D-1: PENALTIES: A. Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a parking violation other than a violation of Section 7-3C-1 (unlawfully parking in a parking space reserved for handicapped persons or persons with disabilities), shall be fined as follows: First offense: Second similar offense within one year: Subsequent similar offenses within one year: $50.00 $75.00 $150.00 B. Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of Section 7-3C-1 (unlawfully parking in a parking space reserved for handicapped persons or persons with disabilities), shall be fined as follows: Ordinance No. 22, Series of 2017 First offense: Second offense within one year: Subsequent offenses within one year: $100.00 $150.00 $200.00 i Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of December, 2017 and a public hearing for second reading of this Ordinance is set for the 2nd day of January, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 22, Series of 2017 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 22, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22 Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of January, 2018. Witness my hand and seal this 3rd day of January, 2018. Tammy Nagel Deputy Clerk ORDINANCE NO. 22 SERIES 2017 AN ORDINANCE AMENDING TITLE 7, CHAPTER 3, ARTICLES C AND D OF THE VAIL TOWN CODE, REGARDING PENALTIES FOR CERTAIN PARKING VIOLATIONS WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate and restrict the stopping, standing, or parking of vehicles within its jurisdiction; and WHEREAS, pursuant to Article XX, § 6(h) of the Colorado Constitution, the Town is empowered to collect, enforce, and impose fines and penalties for the violation of its local laws. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-3C-2 of the Vail Town Code is hereby repealed in its entirety. Section 2. Section 7-3D-1 of the Vail Town Code hereby is repealed in its entirety and reenacted to read as follows: 7-3D-1: PENALTIES: A. Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a parking violation other than a violation of Section 7-3C-1 (unlawfully parking in a parking space reserved for handicapped persons or persons with disabilities), shall be fined as follows: First offense: Second similar offense within one year: Subsequent similar offenses within one year: $50.00 $75.00 $150.00 B. Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of Section 7-3C-1 (unlawfully parking in a parking space reserved for handicapped persons or persons with disabilities), shall be fined as follows: 1 Ordinance No. 22, Series of 2017 First offense: Second offense within one year: Subsequent offenses within one year: $100.00 $150.00 $200.00 i Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of December, 2017 and a public hearing for second reading of this Ordinance is set for the 2nd day of January, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 2 Ordinance No. 22, Series of 2017 Dave Chapin, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of January, 2018. ATTEST: Patty McKenny, Town Clerk 3 Ordinance No. 22, Series of 2017 Dave Chapin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No.23, Series of 2017, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 20th day of December, 2017. Witness my hand and seal this 20th day of December, 2017. c,.,%„,,,c\_se_. Tammy Nagel Deputy Clerk ORDINANCE NO. 23 SERIES 2017 AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 1 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 1-9-8(E) REGARDING THE USE OF COLLECTION AGENCIES TO COLLECT UNPAID FINES AND COSTS WHEREAS, House Bill 16-1311 was signed into law on June 10, 2016, amending C.R.S. § 18-1.3-702 and prohibiting municipal courts from issuing a warrant for a defendant's failure to pay money, failure to appear to pay money, or failure to appear at any post -sentencing court appearance wherein the defendant was required to appear if he or she failed to pay a monetary amount; WHEREAS, HB 16-1311 severely limits the ability of the Municipal Court to collect past due fines and costs owned to the Town due to ordinance violations; and WHEREAS, because the Town lacks the resources and expertise to collect past due receivables internally, the Town Council has decided to permit the Town to employ the services of private collection agencies to collect past due fines, penalties, costs, fees, surcharges and restitution arising out of municipal court matters. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-9-8 of the Vail Town Code is hereby amended by the addition of a new Subsection E, reading as follows: 1-9-8: COURT COSTS: E. Use of Collection Agencies: To collect past due fines, penalties, costs, fees, surcharges and restitution, the Town may assign such accounts to any private collection agency, which agency shall be entitled to recover costs of collection in addition to the amount due. All fees or costs of a collection agency shall be added to the amount due, but such fees and costs shall not exceed twenty-five percent (25%) of the amount due to be collected. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 23, Series of 2017 Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any 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 19th day of December, 2017 and a public hearing for second reading of this Ordinance is set for the 2nd day of January, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 23, Series of 2017 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) 1, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 23, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailgov.com, on the 3rd day of January, 2018. Witness my hand and seal this 3rd day of January, 2018. Tammy Nagel Deputy Clerk ORDINANCE NO. 23 SERIES 2017 AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 1 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 1-9-8(E) REGARDING THE USE OF COLLECTION AGENCIES TO COLLECT UNPAID FINES AND COSTS WHEREAS, House Bill 16-1311 was signed into law on June 10, 2016, amending C.R.S. § 18-1.3-702 and prohibiting municipal courts from issuing a warrant for a defendant's failure to pay money, failure to appear to pay money, or failure to appear at any post -sentencing court appearance wherein the defendant was required to appear if he or she failed to pay a monetary amount; WHEREAS, HB 16-1311 severely limits the ability of the Municipal Court to collect past due fines and costs owned to the Town due to ordinance violations; and WHEREAS, because the Town lacks the resources and expertise to collect past due receivables internally, the Town Council has decided to permit the Town to employ the services of private collection agencies to collect past due fines, penalties, costs, fees, surcharges and restitution arising out of municipal court matters. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-9-8 of the Vail Town Code is hereby amended by the addition of a new Subsection E, reading as follows: 1-9-8: COURT COSTS: E. Use of Collection Agencies: To collect past due fines, penalties, costs, fees, surcharges and restitution, the Town may assign such accounts to any private collection agency, which agency shall be entitled to recover costs of collection in addition to the amount due. All fees or costs of a collection agency shall be added to the amount due, but such fees and costs shall not exceed twenty-five percent (25%) of the amount due to be collected. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 1 Ordinance No. 23 Series of 2017 Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any 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 19th day of December, 2017 and a public hearing for second reading of this Ordinance is set for the 2nd day of January, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of January, 2018. ATTEST: Patty McKenny, Town Clerk 2 Ordinance No. 23 Series of 2017 Dave Chapin, Mayor