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HomeMy WebLinkAbout2019 - Proof of Publication PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13, Series of 2019, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 25th day of October, 2019. Witness my hand and seal this 25th day of October, 2019. Stephanie Bibbens Deputy Town Clerk Ordinance No. 13, Series of 2019 ORDINANCE NO. 13 SERIES OF 2019 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, 2020 THROUGH DECEMBER 31, 2020 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 2020 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, 2020, and ending on the 31st day of December, 2020: FUND AMOUNT General Fund $44,138,730 Capital Projects Fund 29,396,754 Real Estate Transfer Tax Fund 8,264,660 Housing Fund 2,500,000 Vail Marketing Fund 3,207,461 Heavy Equipment Fund 3,795,619 Dispatch Services Fund 2,745,026 Health Insurance Fund 5,602,169 Timber Ridge Enterprise Fund 1,340,195 Total 100,990,614 Less Interfund Transfers (15,128,464) Net Expenditure Budget 85,862,150 Ordinance No. 13, Series of 2019 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2020 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 1st day of October, 2019. A public hearing shall be held hereon on the 15th day of December, 2019, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Dave Chapin, Mayor ATTEST: __________________________ Tammy Nagel, Town Clerk Ordinance No. 13, Series of 2019 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th day of October 2019. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 15, Series of 2019, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 13th day of January, 2020. Witness my hand and seal this 13th day of January. Stephanie Bibbens Deputy Town Clerk 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\DEFINITIONS-O073119.DOCX ORDINANCE NO. 15 SERIES 2019 AN ORDINANCE AMENDING SECTION 12-2-2 OF THE VAIL TOWN CODE TO CLARIFY CERTAIN DEFINITIONS, AND AMENDING SECTION 14-2-1 OF THE VAIL TOWN CODE TO DELETE DUPLICATIVE DEFINITIONS WHEREAS, several definitions in Section 12-2-2 of the Vail Town Code are outdated and in need of clarification or deletion; WHEREAS, Section 14-2-1 of the Vail Town Code includes definitions that are already located in other sections of the Vail Town Code; WHEREAS, on September 23, 2019, the Planning and Environmental Commission considered the changes proposed by this Ordinance and recommended that the Town Council approve such changes; and WHEREAS, the Town Council finds and determines that the clarification of definitions and the deletion of duplicative definitions is necessary to avoid ambiguity in the Vail Town Code. NOW, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT : Section 1. The following definitions in Section 12-2-2 of the Vail Town Code are hereby amended as follows: ADMINISTRATOR: The administrator Director of Community Development or designee. DWELLING UNIT: Any room or group of rooms in a single-family, two- family or multiple-family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. PLANNING AND ENVIRONMENTAL COMMISSION: The body responsible for reviewing development proposals or any matters pertaining to the commission as provided by this code and to act in an advisory capacity to the town council. The planning and environmental commission focuses on evaluating projects based on the zoning ordinance, master plans, subdivision regulations, environmental concerns, etc. and as established by, The Commission established by Title 3, Chapter 2 of this Code. VAIL COMPREHENSIVE PLAN: An Advisory Master Plan for the development of the Town of Vail. The Vail Comprehensive Plan is a compendium of planning documents that are updated, amended and adopted by the Town Council. A copy of the current Comprehensive plan 2 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\DEFINITIONS-O073119.DOCX shall be kept by the Community Development Department and available for inspection during business hours. The Vail Comprehensive Plan is the compilation of numerous planning documents that include the Vail Village urban design guidelines/Vail Village design considerations (adopted June 11, 1980, and revised January 15, 1993), Ford Park/Donovan Park Master Plan (adopted August 5, 1985), Land Use Plan (adopted November 18, 1986), Vail Village Master Plan (adopted January 16, 1990), Streetscape Master Plan (adopted November 20, 1991), Transportation Master Plan (adopted January 1993), Municipal Cemetery Master Plan (adopted December 7, 1993), Comprehensive Open Lands Plan (adopted 1994), environmental strategic plan (adopted 1994), Ford Park management plan (adopted April 14, 1997), Lionshead Redevelopment Master Plan (adopted December 15, 1998), and art in public places strategic plan (adopted November 6, 2001). Section 2. The following definitions in Section 14-2-1 of the Vail Town Code are hereby amended as follows: DESIGN REVIEW BOARD (DRB): The body responsible for reviewing development proposals in the town of Vail. The DRB focuses on evaluating projects based on this code, master plans, and the design standards as set forth in this code, including architectural design, site planning, landscaping, site disturbance, etc., The Board established pursuant to title 3, chapter 4 of this code. DEVELOPMENT: Defined in title 12, chapter 2 of this code. All activities involving earth disturbance and requiring a building or grading permit, including, but not limited to, commercial or industrial developments, single- or multi-family housing, construction of structures, roads and driveways, and installation of utilities. DWELLING, MULTIPLE-FAMILY: Defined in title 12, chapter 2 of this code. A building containing three (3) or more dwelling units, including townhouses, row houses, apartments, and condominium units; designed for or used by three (3) or more families, each living as an independent housekeeping unit. DWELLING, SINGLE-FAMILY: Defined in title 12, chapter 2 of this code. A detached building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit. DWELLING, TWO-FAMILY: Defined in title 12, chapter 2 of this code. A detached building containing two (2) dwelling units, designed for or used as a dwelling exclusively by two (2) families, each living as an independent housekeeping unit. DWELLING UNIT: Defined in title 12, chapter 2 of this code. Any room or group 3 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\DEFINITIONS-O073119.DOCX of rooms in a single-family, two-family or multiple-family building with kitchen facilities; designed for or used by one family as an independent housekeeping unit. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third (1/3) of the total floor area of the dwelling. EHU: Defined under “EMPLOYEE HOUSING UNIT (EHU)” in title 12, chapter 2 of this code. An employee housing unit as defined in title 12, "Zoning Regulations", of this code. For the purpose of driveway, parking, and access standards, an EHU shall be considered a dwelling unit. LOT OR SITE: Defined in title 12, chapter 2 of this code. A parcel of land occupied or intended to be occupied by a use, building, or structure under the provisions of title 12, "Zoning Regulations", of this code, and meeting the minimum requirements of title 12 of this code. A lot or site may consist of a single lot of record, a portion of a lot of record, a combination of lots of record or portions thereof, or a parcel of land described by metes and bounds. PLANNING AND ENVIRONMENTAL COMMISSION (PEC): body responsible for reviewing development proposals or any matters pertaining to the commission as provided by law, resolution, or ordinance, and to act in an advisory capacity to the town council. The planning and environmental commission focuses on evaluating projects based on the zoning ordinance, master plans, subdivision regulations, environmental concerns, etc., The Commission established by title 3, chapter 2 of this Code. SATELLITE DISH ANTENNA: Defined in title 12, chapter 2 of this code. A parabolic or dish shaped antenna designed to receive radio waves. SETBACK: Defined in title 12, chapter 2 of this code. The distance from a lot or site line, creek or stream measured horizontally to a line or location within the lot or site, which establishes the permitted location of uses, structures, or buildings on the site. SETBACK AREA: Defined in title 12, chapter 2 of this code. The area within a lot or site between a lot or site line and the corresponding setback line within the lot or site. SETBACK LINE: Defined in title 12, chapter 2 of this code. A line or location within a lot or site which establishes the permitted location of uses, structures, or buildings on the site. SETBACK LINE, FRONT: Defined in title 12, chapter 2 of this code. The setback 4 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\DEFINITIONS-O073119.DOCX line extending the full width of the site parallel to and measured from the front lot or site line. SETBACK LINE, REAR: Defined in title 12, chapter 2 of this code. The setback line extending the full width of the site parallel to and measured from the rear lot or site line. SETBACK LINE, SIDE: Defined in title 12, chapter 2 of this code. The setback line extending from the front setback line to the rear setback line parallel to and measured from the side lot or site line. SITE COVERAGE: Defined in title 12, chapter 2 of this code. The ratio of the total building area on a site to the total area of a site, expressed as a percentage. For the purpose of calculating site coverage, "building area" shall mean the total horizontal area of any building, carport, porte-cochere, arcade, and covered or roofed walkway as measured from the exterior face of perimeter walls or supporting columns above grade or at ground level, whichever is the greater area. For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eave, or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet (4') from the exterior face of the perimeter building walls or supporting columns. SLOPE: Defined in title 12, chapter 2 of this code. Shall be established by measuring the maximum number of feet in elevation gained or lost over each ten feet (10') or fraction thereof measured horizontally in any direction between opposing lot lines; the relationship of elevation or vertical measure as divided by the horizontal measurement shall be expressed as a percentile as a means of quantifying the term "slope". In determination of "slope" as defined herein, for use in establishing buildable area requirements and maximum floor area ratio limitations on existing and proposed lots, a grid system based on ten foot (10') modules shall be superimposed on a topographic map of the subject property and the lot slope determination established by the defined method for each one hundred (100) square foot grid portion of the tract, lot or portion thereof. A. Existing, natural: The gradient or configuration of the undisturbed land surface prior to site improvement of a lot, site, or parcel. B. Graded, finished: The gradient or configuration of the land surface following improvement of a lot, site, or parcel. Section 3. If any part, section, subsection, sentence, clause or phrase of this 5 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\DEFINITIONS-O073119.DOCX 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 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 17th day of December , 2019 and a public hearing for second reading of this Ordinance is set for the 7th day of January , 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 6 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\DEFINITIONS-O073119.DOCX ATTEST: Dave Chapin, Mayor Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of January , 2020. ATTEST: Dave Chapin, Mayor Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2019, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 13th day of January, 2020. Witness my hand and seal this 13th day of January. Stephanie Bibbens Deputy Town Clerk 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\RETAINING WALLS-O080119.DOCX ORDINANCE NO. 16 SERIES 2019 AN ORDIN ANCE AMENDING SECTION 14-6-7.A. OF THE V AIL TOWN CODE TO CLARIFY DESIGN STAND ARDS FOR RETAINING W ALLS W HEREAS, Section 14-6-7.A. of the Vail Town Code establishes design standards for retaining walls and is in need of clarification; W HEREAS, on September 23, 2019, the Planning and Environmental Commission considered the changes proposed by this ordinance and recommended that the Town Council approve such changes; and W HEREAS, the Town Council f inds and determines that the clarification of Section 14-6-7.A. is necessary to avoid ambiguity in the Vail Town Code. NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 14-6.7.A. of the Vail Town Code is hereby amended as follows: 14-6-7: RETAINING WALLS: A. General: 1. All retaining walls are reviewed by the Design Review Board or the Administrator to determine compatibility to the existing topography of and the materials in use. Retaining walls shall not exceed an exposed face height of six feet (6'). W ithin a front setback, retaining walls shall not exceed an exposed face height of three feet (3'), unless related to access to or development of a structure constructed on excessive slopes (in excess of thirty (30) percent). Retaining walls associated with a street located within a public right-of-way or access to an underground covered parking structure are exempt from these height limits, but must be approved by the Design Review Board and shall meet the standards prescribed in Section 14-10-3 of this Code. 2. Retaining walls shall be located a minimum of two feet (2') from adjacent private property boundaries and should be ten feet (10') from the edge of a public street unless otherwise approved by the Town Engineer. 3. All retaining walls over four feet (4') in height, measured from the bottom of a footing to the top of wall as per the adopted Town of Vail building code, shall be engineered and stamped by a licensed Colorado professional engineer (PE stamp) except in the right of way, where 2 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\RETAINING WALLS-O080119.DOCX retaining walls over three feet (3') in height, measured in the same manner, shall require a PE stamp. 4. All retaining walls requiring a PE stamp shall be required to have submitted and approved, prior to building permit release, engineered stamped plans, profiles, sections, details, and engineering analyses and calculations for each wall type as required by the Town Engineer. At a minimum, unless otherwise directed, the engineering submittal shall include PE stamped plans, and PE stamped typical details with all engineering design parameters and calculated factor of safety provided on the details. Plans and details shall be cross ref erenced. * * * Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of December , 2019 and a public hearing for second reading of this Ordinance is set for the 7th day of January , 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Dave Chapin, Mayor Tammy Nagel, Town Clerk 3 9/5/2019 S:\COMMUNITY DEVELOPMENT\PLANNING\ASHLEY\FINAL DOCUMENTS ORD\RETAINING WALLS-O080119.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED This 7th day of January, 2020. ATTEST: Dave Chapin, Mayor Tammy Nagel, Town Clerk PROOF OF PUBLICATION STATE OF COLORADO ) ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 21, Series of 2019, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 13th day of January, 2020. Witness my hand and seal this 13th day of January. Stephanie Bibbens Deputy Town Clerk 1 1/14/2020 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\OLD DESKOP\ORDINANCES\ORDINANCE NO. 21, SERIES OF 2019 CHAMONIX PARCEL E SALE-O121219.DOCX ORDINANCE NO. 21 SERIES 2019 AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN VACANT LAND IN THE CHAMONIX VAIL COMMUNITY TO STK CAPITAL LLC FOR $875,000 WHEREAS, the Town owns the real property legally described as Chamonix Vail Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 (the "Property"); WHEREAS, the Town is not using the Property for municipal purposes; WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the sale of real property by ordinance; and WHEREAS, the Town Council finds and determines that the sale of Property to STK Capital, LLC for $875,000, is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the sale of the Property to STK Capital, LLC for $875,000, under the terms of the Purchase and Sale Agreement attached hereto, which agreement is hereby approved by this ordinance. The Town Manager is hereby authorized to sign all documents necessary to complete the sale of the Property, subject to approval of such documents by the Town Attorney. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 2 1/14/2020 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\OLD DESKOP\ORDINANCES\ORDINANCE NO. 21, SERIES OF 2019 CHAMONIX PARCEL E SALE-O121219.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of December, 2019 and a public hearing for second reading of this Ordinance set for the 7th day of January, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ David Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of January, 2020. _____________________________ David Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk