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HomeMy WebLinkAbout2021-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. 1, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 20th day of January, 2021. Witness my hand and seal this 20th day of January, 2021. Stephanie Bibbens Deputy Town Clerk 12/28/2020 S:\TOWN COUNCIL AGENDA ITEMS\2021\010521\UNCLAIMED PROPERTY-O122320.DOCX ORDINANCE NO. 1 SERIES 2021 AN ORDINANCE REPEALING AND REENACTING CHAPTER 2 OF TITLE 6 OF THE VAIL TOWN CODE REGARDING PROCEDURES FOR DISPOSING OF UNCLAIMED PROPERTY IN THE TOWN NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 2 of Title 6 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 6-2-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: ABANDONED INTANGIBLE PROPERTY: Any fixed and certain interest in intangible property held, issued, or owned in the ordinary course of the Town's business, including without limitation cash, checks, drafts, deposits, interest, dividends, income, credit balances, customer overpayments, gift cards, refunds, unpaid wages or pension benefits, reimbursements, stocks, unpaid wages, and interest or income derived therefrom that is held by or under the control of the Town that has not been claimed by its owner for a period of more than one (1) year after the property became distributable. OWNER: A person that owns unclaimed property held by the Town or their duly authorized legal representative or successor in interest. UNCLAIMED PROPERTY: Any tangible or intangible property, except abandoned intangible property, that is held by or under the control of the Town that has not been claimed by its owner for a period of more than one hundred and eighty (180) days after the Town took possession of the property. 6-2-2: PROCEDURES: A. Personal Notice: Prior to disposition of any unclaimed property having an estimated value of one thousand dollars ($1,000) or more or any abandoned intangible property regardless of value, the Police Department shall give written notice by certified mail, return receipt requested, to the last known address of a known owner of the unclaimed property or the abandoned intangible property. The notice shall include a description of the property, the estimated value of the property, and the location where the owner may pick up the property. The notice shall also state that if the owner fails to provide the Police Department with a written claim for the return of any unclaimed property within thirty (30) days of the date of the notice for 2 12/28/2020 S:\TOWN COUNCIL AGENDA ITEMS\2021\010521\UNCLAIMED PROPERTY-O122320.DOCX unclaimed property, or five (5) years for abandoned intangible property, the property shall become the sole property of the Town and any claim of the owner to such property shall be deemed forfeited. B. Notice by Publication: Prior to disposition of any unclaimed property having an estimated value of one thousand dollars ($1,000) or more and having no known owner or disposition of any abandoned intangible property, or when the Town has no last known address of the owner, the Police Department shall cause a notice to be published on the Town's website. The notice shall include a description of the property and the estimated value of the property. The notice shall also state that if the owner fails to provide the Police Department with a written claim within thirty (30) days of the date of the publication of the notice for unclaimed property, or five (5) years for abandoned intangible property, the property shall become the sole property of the Town and any claim of the owner to such property shall be deemed forfeited. C. Time Limits: 1. If the Police Department receives no timely written claim, the property shall become the sole property of the Town and any claim of the owner to such property shall be deemed forfeited. 2. Any unclaimed property of less than one thousand dollars ($1,000) shall become the sole property of the Town thirty (30) days after it becomes unclaimed property. 3. Any abandoned intangible property shall become the sole property of the Town five (5) years after it becomes abandoned intangible property. D. Claims: The Police Department shall evaluate each timely written claim and give written notice within thirty (30) days that the claim has been accepted or denied in whole or in part. The Police Department may investigate the validity of the claim and may request further supporting documentation from the claimant. If there is more than one claimant for the same property, the Police Department may, in its sole discretion, resolve said claims, or may file an interpleader action. If any claim is denied, the property shall become the sole property of the Town and any claim of the owner of such property shall be deemed forfeited. The Police Department's decision shall be final, subject only to judicial review as provided by law. 6-2-3: EXEMPTIONS: Vehicles subject to impoundment are exempt from this Chapter. 3 12/28/2020 S:\TOWN COUNCIL AGENDA ITEMS\2021\010521\UNCLAIMED PROPERTY-O122320.DOCX 6-2-4: DISPOSITION: In the event unclaimed property or abandoned intangible property becomes the property of the Town under this Chapter, or is otherwise deemed forfeited to the Town, the Police Department may elect to retain the property for use in the conduct of Town business, may elect to donate the property to a non-denominational charitable organization serving the citizens of the Town, or may elect to sell the property at public auction. The sale and conveyance of any such property is without right of redemption. If no bid is made for an item offered for sale, it shall remain the property of the Town and the Town may either retain the property or dispose of it. 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 5th day of January, 2021 and a public hearing for second reading of this Ordinance is set for the ___ day of ______________, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 4 12/28/2020 S:\TOWN COUNCIL AGENDA ITEMS\2021\010521\UNCLAIMED PROPERTY-O122320.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of _______________, 2021. _____________________________ 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. 2, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 3rd day of February, 2021. Witness my hand and seal this 3rd day of February, 2021. Stephanie Bibbens Deputy Town Clerk 1 ORDINANCE NO. 2 SERIES 2021 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, CONCERNING FINANCING IMPROVEMENTS TO THE PUBLIC WORKS FACILITY AND AUTHORIZING THE EXECUTION AND DELIVERY OF A SITE LEASE, A LEASE PURCHASE AGREEMENT, AND RELATED DOCUMENTS; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Vail, Eagle County, Colorado (the “Town”) is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Article XX of the Constitution of the State of Colorado and the home rule charter of the Town (the “Charter”); and WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; and WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution and Section 13.3 of the Charter, the Town is authorized to lease, for such term as Council shall determine, any real or personal property to or from any person, firm or corporation, public or private, governmental or otherwise; and WHEREAS, the Town is the owner of certain land (the “Site”), and the premises, buildings and improvements situated on the Site as further described in the Lease (hereinafter defined), which property consists of the Public Works Facility (collectively, the Site and the building and improvements constructed or to be constructed thereon are referred to as the “Leased Property”); and WHEREAS, the Council has determined and now hereby determines that it is in the best interests of the Town and its inhabitants to finance the construction of an addition and renovations to the Leased Property for Town purposes (the “Project”); and WHEREAS, in order to finance the Project, the Council has determined and hereby determines that it is in the best interests of the Town to lease the Leased Property to Truist Bank (the “Bank”) pursuant to a Site and Improvement Lease (the “Site Lease”), and to lease such property back from the Bank pursuant to the terms of a Lease Purchase Agreement (the “Lease”); and WHEREAS, the Bank will prepay all rental payments due under the Site Lease and the net proceeds from such rental payment received by the Town will be used by the Town to finance the Project; and WHEREAS, pursuant to the Lease, and subject to the right of the Town to annually terminate the Lease and other limitations as therein provided, the Town will pay certain Rent (as defined in the Lease) in consideration for the right of the Town to use the Leased Property; and WHEREAS, the Town’s obligation under the Lease to pay Rent and Additional Rentals (as defined in the Lease) shall be from year to year only; shall constitute a currently 2 budgeted expenditure of the Town; shall not constitute a mandatory charge or requirement in any ensuing budget year; and shall not constitute a general obligation or other indebtedness or multiple fiscal year direct or indirect Town debt or other financial obligation of the Town within the meaning of any constitutional or statutory limitation or requirement concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a mandatory payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect; and WHEREAS, the Supplemental Public Securities Act, part 2 of article 57 of title 11, Colorado Revised Statutes (the “Supplemental Act”), provides that a public entity, including the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act to an issue of securities, including any financial contract; and WHEREAS, there have been filed with the Town Clerk proposed forms of: (i) the Site Lease; and (ii) the Lease; and WHEREAS, no member of the Council has any conflict of interest or is interested in any pecuniary manner in the transactions contemplated by this ordinance; and WHEREAS, capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Lease. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Ratification. All action heretofore taken (not inconsistent with the provisions of this Ordinance) by the Council or the officers, employees and agents of the Town related to the Site Lease, the Lease, the selection of the Bank, or directed toward the financing of the Project and the leasing of the Leased Property is hereby ratified, approved and confirmed. Section 2. Findings and Authorization. The Council hereby finds and determines, pursuant to the Constitution and the laws of the State of Colorado, that acquiring the Project, and financing the costs thereof pursuant to the terms set forth in the Site Lease and the Lease, including the payment of the costs of execution and delivery of such documents, are necessary, convenient, and in furtherance of the Town’s purposes and are in the best interests of the Town and the inhabitants of the Town and the Council hereby authorizes and approves the same. The Council hereby finds and determines that the Project is advantageous to and in the best interest of the Town and its citizens and inhabitants. Section 3. Application of Supplemental Act. The Council hereby elects to apply all of the provisions of the Supplemental Act to the Site Lease and the Lease, except that it shall not apply Section 11-57-211 thereof. In connection therewith, the Council hereby delegates to the Mayor, the Town Manager or the Finance Director of the Town the authority to make any determination delegable pursuant to Section 11-57-205(1)(a-i) of the Supplemental Act in relation to the Site Lease and the Lease, and to execute a sale certificate (the “Sale Certificate”) setting forth such determinations, subject to the following parameters and restrictions: 3 (a) the minimum amount of rental payments to be received by the Town from the Bank pursuant to the Site Lease shall not be less than $15,000,000; (b) the term of the Site Lease shall not extend beyond December 31, 2045; (c) the maximum total principal amount of the Rent payable by the Town under the Lease shall not exceed $15,200,000; (d) the maximum annual and maximum total repayment of Rent under the Lease shall not exceed $1,200,000 and $17,400,000 respectively; (e) the maximum Applicable Rate on the interest component of the Rent under the Lease shall not exceed 1.76%, provided that this limitation shall not apply to any increase in the Applicable Rate resulting from the occurrence and continuation of an Event of Taxability under the Lease; and (f) the Lease Term shall end no later than December 31, 2035. The delegation set forth in this Section 3 shall be effective for one year following the date hereof. Section 4. Approval and Execution of Lease and Site Lease. The Site Lease and the Lease, in substantially the forms thereof presented at this meeting of the Council, are in all respects approved, authorized and confirmed, and the designated officers of the Town are hereby authorized and directed to execute the Lease and Site Lease in substantially the forms and with substantially the same contents as presented at this meeting of the Council, for and on behalf of the Town, with any such changes as the Mayor, the Town Manager or the Town’s Finance Director may hereafter approve. Section 5. Authorization to Execute Collateral Documents; Direction to Officers. The Mayor (or Mayor Pro Tem), the Town Clerk (or her deputy), the Town Manager, the Finance Director of the Town and other officers, employees and agents of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance, including, without limiting the generality of the foregoing, the execution, attestation and delivery of any document authorized and approved by this Ordinance for and on behalf of the Town; entering into any agreements necessary or appropriate in connection with the Project; the execution of such certificates as may be required by the Bank, including the tenure and identity of Town officials, the absence of litigation, pending or threatened, affecting the Lease and Site Lease, and performing all other acts that they may deem necessary or appropriate in order to implement and carry out the transactions and other matters authorized by this Ordinance. The appropriate officers of the Town are also authorized to execute on behalf of the Town agreements concerning the deposit and investment of funds in connection with the transactions contemplated by this Ordinance. The approval hereby given to the various documents referred to above includes an approval of such additional details therein as may be necessary and appropriate for their completion, deletions therefrom and additions thereto as may be deemed necessary by the parties thereto in order to carry out the purposes of this Ordinance and to comply with the terms of the Sale Certificate. The 4 execution of any document or instrument by the aforementioned officials or employees of the Town shall be conclusive evidence of the approval by the Town of such document or instrument in accordance with the terms hereof and thereof. Section 6. No General Obligation Debt. No provision of this Ordinance, the Site Lease or the Lease, shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional or statutory provision, nor a mandatory charge or requirement against the Town in any ensuing fiscal year beyond the then current fiscal year. The Town shall have no obligation to make any Rent payment under the Lease and certain other payments under the Lease, which payments may be terminated by the Town in accordance with the provisions of the Lease. Neither the Site Lease nor the Lease shall constitute a mandatory charge or requirement of the Town in any ensuing fiscal year beyond the then current fiscal year, or constitute or give rise to a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any Charter, constitutional or statutory debt limitation and shall not constitute a multiple fiscal year direct or indirect Town debt or other financial obligation whatsoever. No provision of the Site Lease or the Lease shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of Article XI of the Colorado Constitution. Neither the Site Lease nor the Lease shall directly or indirectly obligate the Town to make any payments beyond those budgeted and appropriated for the Town’s then current fiscal year. Section 7. Reasonableness of Rent. The Council hereby determines and declares that the Rent due under the Lease, in the maximum amounts authorized pursuant to Section 3 hereof, constitute the fair rental value of the Leased Property and do not exceed a reasonable amount so as to place the Town under an economic compulsion to renew the Lease or to exercise its option to purchase the Bank’s leasehold interest in the Leased Property pursuant to the Lease. The Council hereby determines and declares that the period during which the Town has an option to purchase the Bank’s leasehold interest in the Leased Property (i.e., the entire maximum term of the Lease) does not exceed the useful life of the Leased Property. The Council hereby further determines that the amount of rental payments to be received by the Town from the Bank pursuant to the Site Lease, in the minimum amount set forth in Section 3 hereof, is reasonable consideration for the leasing of the Leased Property to the Bank for the term of the Site Lease as provided therein. Section 8. No Recourse Against Members of the Council, Officers or Agents. Pursuant to Section 11-57-209 of the Supplemental Act, if a member of the Council, or any officer or agent of the Town acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the Rent. Such recourse shall not be available either directly or indirectly through the Council or the Town, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. Section 9. Repealer. All acts, ordinances and resolutions, or parts thereof, in conflict with this Ordinance or with any of the documents hereby approved, are hereby rescinded, annulled and repealed to the extent of such inconsistency. This repealer shall not be construed to 5 revive any act, ordinance or resolution or part thereof, heretofore repealed. All rules of the Council, if any, which might prevent the final passage and adoption of this Ordinance as an emergency measure at this meeting of the Council be, and the same hereby are, suspended. Section 10. Severability. If any section, subsection, paragraph, clause or provision of this Ordinance or the documents hereby authorized and approved (other than provisions as to the payment of Rent by the Town during the Lease Term, provisions for the quiet enjoyment of the Leased Property by the Town during the Lease Term and provisions for the conveyance of the Leased Property to the Town under the conditions provided in the Lease) shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance or such documents. Section 11. Electronic Transactions. In the event the Mayor, Mayor Pro Tem, Town Clerk, Town Manager, Finance Director, or other employee or official of the Town that is authorized or directed to execute any agreement, document, certificate, instrument or other paper in accordance with this Ordinance (collectively, the “Authorized Documents”) is not able to be physically present to manually sign any such Authorized Document, such individual or individuals are hereby authorized to execute Authorized Documents electronically via facsimile or email signature. Any electronic signature so affixed to any Authorized Document shall carry the full legal force and effect of any original, handwritten signature. This provision is made pursuant to Article 71.3 of Title 24, C.R.S., also known as the Uniform Electronic Transactions Act. It is hereby determined that the transactions described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. Section 12. Charter Controls: Pursuant to Article XX of the State Constitution and the Charter, all State statutes that might otherwise apply in connection with the provisions of this Ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the provisions of this Ordinance and the Sale Certificate authorized hereby and such statutes. Any such inconsistency or conflict is intended by the Council and shall be deemed made pursuant to the authority of Article XX of the State Constitution and the Charter. Section 13. Declaration of Emergency: In order to effect the Project in a timely manner, including the ability to fix interest rates at historically low rates it is hereby declared that an emergency exists and that this Ordinance is immediately necessary for the preservation of the public peace, health, safety, and financial well-being of the Town. This Ordinance is hereby declared, pursuant to Section 5.1(b) of the Charter, exempt from referendum. Section 14. Effective Date, Recording and Authentication: In accordance with Section 4.11 of the Charter, this Ordinance shall be in full force and effect immediately upon enactment following final passage. A true copy of this Ordinance shall be numbered and recorded in the official records of the Town, authenticated by the signatures of the Mayor and the Town Clerk, and published in accordance with the Charter and the Town’s municipal code. 6 PASSED, APPROVED, AND ADOPTED AS AN EMERGENCY ORDINANCE, AND ORDERED PUBLISHED IN FULL THIS 2ND DAY OF FEBRUARY, 2021, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO. TOWN OF VAIL, COLORADO _______________________________________ 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. 3, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 3rd day of February, 2021. Witness my hand and seal this 3rd day of February, 2021. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 3 Series of 2021 AN ORDINANCE APPROVING A CERTAIN PARCEL OF LAND OWNED BY THE TOWN OF VAIL AS DESIGNATED OPEN SPACE PURSUANT TO SECTION 13.11 OF THE VAIL TOWN CHARTER (THE “CHARTER”) WHEREAS, in 2019 the Town of Vail accepted the donation of a 48.13 acre parcel of land in the Town of Vail located in East Vail on the south side of Bighorn Road, and legally described as set forth in Exhibit A, attached hereto and made a part hereof by this reference (the “Property”); WHEREAS, consistent with the donation of the Property, and the Charter, The Town Open Space Board of Trustees has evaluated the Property for the purpose of forwarding a recommendation to the Town Council as to whether to designate the Property as Designated Open Space pursuant to Section 13.11 of the Charter; and WHEREAS, on January 15, 2021 the Open Space Board of Trustees voted unanimously to recommend to the Town Council that the Property be Designated Open Space. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council hereby finds that the Property meets the criteria for Designated Open Space as set forth in Section 13.11 of the Charter, and hereby designates the Property as Designated Open Space pursuant to the Charter. 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 2nd day of February, 2021 and a public hearing for second reading of this Ordinance is set for the 16th day of February, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of February, 2021. _____________________________ 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. 3, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 3rd day of March, 2021. Witness my hand and seal this 3rd day of March, 2021. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 3 Series of 2021 AN ORDINANCE APPROVING A CERTAIN PARCEL OF LAND OWNED BY THE TOWN OF VAIL AS DESIGNATED OPEN SPACE PURSUANT TO SECTION 13.11 OF THE VAIL TOWN CHARTER (THE “CHARTER”) WHEREAS, in 2019 the Town of Vail accepted the donation of a 48.13 acre parcel of land in the Town of Vail located in East Vail on the south side of Bighorn Road, and legally described as set forth in Exhibit A, attached hereto and made a part hereof by this reference (the “Property”); WHEREAS, consistent with the donation of the Property, and the Charter, The Town Open Space Board of Trustees has evaluated the Property for the purpose of forwarding a recommendation to the Town Council as to whether to designate the Property as Designated Open Space pursuant to Section 13.11 of the Charter; and WHEREAS, on January 15, 2021 the Open Space Board of Trustees voted unanimously to recommend to the Town Council that the Property be Designated Open Space. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council hereby finds that the Property meets the criteria for Designated Open Space as set forth in Section 13.11 of the Charter, and hereby designates the Property as Designated Open Space pursuant to the Charter. 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 2nd day of February, 2021 and a public hearing for second reading of this Ordinance is set for the 16th day of February, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of March, 2021. _____________________________ 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. 4, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 3rd day of March, 2021. Witness my hand and seal this 3rd day of March, 2021. Stephanie Bibbens Deputy Town Clerk 2/22/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PUPPY MILLS-O021921.DOCX 1 ORDINANCE NO. 4 SERIES 2021 AN ORDINANCE AMENDING TITLE 6 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 4B REGARDING THE SALE OF DOGS AND CATS BORN OR RAISED IN INHUMANE COMMERCIAL BREEDING FACILITIES WHEREAS, the Humane Society of the United States (the "Humane Society") has determined that puppy and kitten mills are inhumane commercial breeding facilities, which disregard the animals' physical and emotional health to maximize profits; WHEREAS, according to the Humane Society, these mills produce animals for sale, often at retail pet shops; WHEREAS, the Town Council hereby finds and determines that the sale of dogs and cats from these mills is an unwholesome business practice and not in the best interest of the public welfare of the Town; and WHEREAS, the Town Council finds and determines that this ordinance is necessary to protect the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 4 of Title 6 of the Vail Town Code is hereby amended by the addition of the following new Article B, to read as follows: ARTICLE B. SALE OF ANIMALS FROM INHUMANE COMMERCIAL BREEDING FACILITIES 6-4B-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: ANIMAL CARE FACILITY: An animal control center or animal shelter, as defined in Section 6-4-2 of this Code, maintained by or under contract with any state, county or municipality, with a mission and practice of, in whole or significant part, to rescue and place animals in permanent homes. ANIMAL RESCUE ORGANIZATION: A nonprofit organization with tax- exempt status under Section 501(c)(3) of the United States Internal Revenue Code, with a mission or practice, in whole or significant part, to rescue or place animals in permanent homes. CAT: As defined in Section 6-4-2 of this Code. 2/22/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PUPPY MILLS-O021921.DOCX 2 DOG: As defined in Section 6-4-2 of this Code. OFFER FOR SALE: To sell, offer for sale or adoption, advertise for sale of, barter, auction give away or otherwise dispose of a cat or dog. PET SHOP: A retail establishment where dogs or cats are sold, exchanged, bartered, or offered for sale as pet animals to the general public at retail, but excluding an animal care facility or animal rescue organization as defined in this Chapter. 6-4B-2: PET SHOPS: A. No pet shop shall sell, deliver, offer for sale, barter, auction or otherwise dispose of a dog or a cat. B. A pet shop that offers space for the adoption of dogs or cats shall post, in a conspicuous location on the enclosure of each such animal, a sign listing the name of the animal care facility or animal rescue organization from which the pet shop acquired each dog or cat. C. It is unlawful for a pet shop to offer for adoption any sick or injured dog or cat, or to offer for adoption any dog or cat that is so young or weak that its sale would be injurious to the animal. 6-4B-3: VIOLATION AND PENALTY: A. It is unlawful for any person to violate any provision of this Article. Any person convicted of violating any provision of this Article shall be punished as provided in Section 1-4-1 of this Code, and each day of violation shall constitute a separate offense. B. The operation of a pet shop in violation of this Article is declared to be a public nuisance and is subject to abatement as provided by law. In any case in which the Town prevails in a nuisance abatement action initiated pursuant to this Chapter, the Town may recover its reasonable attorney fees plus costs of the proceeding. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. 2/22/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PUPPY MILLS-O021921.DOCX 3 Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of March, 2021 and a public hearing for second reading of this Ordinance set for the 16th day of March, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of March, 2021. ____________________________ 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. 4,Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of April, 2021. Witness my hand and seal this 7th day of April, 2021. Stephanie Bibbens Deputy Town Clerk 1 ORDINANCE NO. 4 SERIES 2021 AN ORDINANCE AMENDING TITLE 6 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW ARTICLE 4B REGARDING PET SHOPS WHEREAS, the Humane Society of the United States (the "Humane Society") has determined that puppy and kitten mills are inhumane commercial breeding facilities, which disregard the animals' physical and emotional health to maximize profits; WHEREAS, according to the Humane Society, these mills produce animals for sale, often at retail pet shops; WHEREAS, the Town Council hereby finds and determines that the sale of dogs and cats from these mills is an unwholesome business practice and not in the best interest of the public welfare of the Town; WHEREAS, the Town Council further finds and determines that the sale of other animals that are unhealthy or raised in inhumane conditions is also an unwholesome business practice and not in the best interest of the public welfare of the Town; and WHEREAS, the Town Council finds and determines that this ordinance is necessary to protect the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 4 of Title 6 of the Vail Town Code is hereby amended by the addition of the following new Article B, to read as follows: ARTICLE B. PET SHOPS 6-4B-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: ANIMAL: As defined in Section 6-4-2 of this Code. ANIMAL CARE FACILITY: An animal control center or animal shelter, as defined in Section 6-4-2 of this Code, maintained by or under contract with any state, county or municipality, with a mission and practice of, in whole or significant part, to rescue and place animals in permanent homes. ANIMAL RESCUE ORGANIZATION: A nonprofit organization with tax- exempt status under Section 501(c)(3) of the United States Internal Revenue Code, with a mission or practice, in whole or significant part, to rescue or place animals in permanent homes. 2 CAT: As defined in Section 6-4-2 of this Code. DOG: As defined in Section 6-4-2 of this Code. PET SHOP: A retail establishment where animals are sold, exchanged, bartered, or offered for sale as pets to the general public at retail, but excluding an animal care facility or animal rescue organization. 6-4B-2: PET SHOP REGULATIONS: A. No pet shop shall sell, deliver, offer for sale, barter, auction or otherwise dispose of a dog or a cat. B. A pet shop that offers space for the adoption of dogs or cats shall post, in a conspicuous location on the enclosure of each such animal, a sign listing the name of the animal care facility or animal rescue organization from which the pet shop acquired each dog or cat. C. It is unlawful for a pet shop to offer for adoption any sick or injured dog or cat, or to offer for adoption any dog or cat that is so young or weak that its sale would be injurious to the animal. D. It is unlawful for a pet shop to offer any of the following for sale, barter or auction: a sick or injured animal; an animal that is so young or weak that its transfer would be injurious to the animal; or an animal that has been inhumanely bred or raised. 6-4B-3: VIOLATION AND PENALTY: A. It is unlawful for any person to violate any provision of this Article. Any person convicted of violating any provision of this Article shall be punished as provided in Section 1-4-1 of this Code, and each day of violation shall constitute a separate offense. B. The operation of a pet shop in violation of this Article is declared to be a public nuisance and is subject to abatement as provided by law. In any case in which the Town prevails in a nuisance abatement action initiated pursuant to this Chapter, the Town may recover its reasonable attorney fees plus costs of the proceeding. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3 Section 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision, or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of March, 2021 and a public hearing for second reading of this Ordinance set for the 16th day of March, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of April 2021. ____________________________ 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. 5, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 23rd day of March, 2021. Witness my hand and seal this 23rd day of March, 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 5, Series of 2021 ORDINANCE NO. 5 SERIES OF 2021 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, MARKETING FUND, HEAVY EQUIPMENT FUND AND DISPATCH SERVICES FUND, OF THE 2021 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 2020 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 2020, adopting the 2021 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 2021 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 1,032,846 Capital Projects Fund 12,851,752 Real Estate Transfer Tax Fund 4,765,020 Housing Fund 6,269,473 Marketing Fund 91,790 Heavy Equipment Fund 154,543 Dispatch Services Fund 342,666 Debt Service Fund (1,200,000) Interfund Transfers 418,210 Total $ 24,726,300 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 No. 5, Series of 2021 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 16th day of March 2021, and a public hearing shall be held on this Ordinance on the 6th day of April, 2021, 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 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. 5,Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of April, 2021. Witness my hand and seal this 7th day of April, 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 5, Series of 2021 ORDINANCE NO. 5 SERIES OF 2021 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND , HOUSING FUND, MARKETING FUND, HEAVY EQUIPMENT FUND AND DISPATCH SERVICES FUND, OF THE 2021 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 20 20 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 2020, adopting the 2021 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the T own 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, Colorad o, the Town Council hereby makes the following budget adjustments for the 2021 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 1,035,346 Capital Projects Fund 12,845,478 Real Estate Transfer Tax Fund 4,790,020 Housing Fund 6,269,473 Marketing Fund 91,790 Heavy Equipment Fund 154,543 Dispatch Services Fund 342,487 Debt Service Fund (1,200,000) Interfund Transfers 418,210 Total $ 24,747,347 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 rema ining portions of this ordinance; and the Town Council hereby declares it wou ld have passed this ordinance, and each Ordinance No. 5, Series of 2021 part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phras es be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for th e 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 vir tue of the provision repealed or repealed and reenacted. The repeal of any provi sion hereby shall not revive any provision or any ordinance previously repealed or superseded unle ss expressly stated herein. 5. All bylaws, orders, resolutions, and ordinan ces, 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, o r ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of March 2021, and a public hearing shall be held on this Ordinance on the 6th day of April, 2021, 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 READ AND APPROVED ON SECOND READIN G AND ORDERED PUBLISHED IN FULL this 6th day of April. _____________________________ 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. 6, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 23rd day of March, 2021. Witness my hand and seal this 23rd day of March, 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 6, Series of 2021 1 ORDINANCE NO. 6 SERIES 2021 AN ORDINANCE CONVEYING A CERTAIN PARCEL OF LAND TO THE COLORADO DEPARTMENT (“CDOT”) OF TRANSPORTATION WHEREAS, the Town wishes to convey a certain portion of land as set forth in the Warranty Deed (the “Deed’), attached hereto as Exhibit A and made a part hereof by this reference, to CDOT as to facilitate the South Frontage Road Improvement Project; and WHEREAS, the Town Council finds and determines that this ordinance is necessary to protect the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council hereby approves the Deed in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town attorney, and authorizes the Town Manager to execute all necessary documents to effectuate the subject conveyance. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of March, 2021 and a Ordinance No. 6, Series of 2021 2 public hearing for second reading of this Ordinance set for the 6th day of April, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of April, 2021. ____________________________ 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. 6,Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of April, 2021. Witness my hand and seal this 7th day of April, 2021. Stephanie Bibbens Deputy Town Clerk 1 ORDINANCE NO. 6 SERIES 2021 AN ORDINANCE CONVEYING A CERTAIN PARCEL OF LAND TO THE COLORADO DEPARTMENT (“CDOT”) OF TRANSPORTATION WHEREAS, the Town wishes to convey a certain portion of land as set forth in the Warranty Deed (the “Deed’), attached hereto as Exhibit A and made a part hereof by this reference, to CDOT as to facilitate the South Frontage Road Improvement Project; and WHEREAS, the Town Council finds and determines that this ordinance is necessary to protect the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council hereby approves the Deed in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town attorney, and authorizes the Town Manager to execute all necessary documents to effectuate the subject conveyance. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of March, 2021 and a 2 public hearing for second reading of this Ordinance set for the 6th day of April, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of April, 2021. ____________________________ 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. 7,Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of April, 2021. Witness my hand and seal this 7th day of April, 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 7, Series of 2021 ORDINANCE NO. 7 SERIES 2021 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 4 OF THE VAIL TOWN CODE TO AUTHORIZE THE CREATION OF ENTERTAINMENT DISTRICTS IN THE TOWN WHEREAS, pursuant to C.R.S. § 44-3-301(11), with approval of the governing body, a local licensing authority may allow for the creation of entertainment districts, which allows consumption of alcohol beverages in common consumption areas; WHEREAS, the Town Council desires to exercise its local option to allow creation of entertainment districts with associated common consumption areas in the Town; and WHEREAS, the Town Council desires to establish the criteria for entertainment districts and common consumption areas, including application procedures, fees, and hours of operation for common consumption areas in entertainment district. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 2 of Title 4 of the Vail Town Code is hereby amended by the addition of a new Section 4-2-7, to read as follows: 4-2-7: ENTERTAINMENT DISTRICTS. A.Purpose. The purpose of this Section is for the Town to exercise its local option to allow common consumption areas in the Town by establishing entertainment districts. The regulations in this Section are in addition to all other applicable regulations in the Colorado Liquor Code, Colorado Beer Code and this Code. B.Definitions. For purposes of this Section, the following terms have the following meanings: Common consumption area means an area designed as a common area located within a designated entertainment district and approved by the Local Licensing Authority that uses physical barriers to close the area to motor vehicle traffic and limit pedestrian access. Entertainment district is defined in C.R.S. § 44-3-103, as amended. Local Licensing Authority is the authority created by Chapter 5 of Title 3 of the Vail Town Code. Promotional association means an association that is incorporated in Colorado that organizes and promotes entertainment activities within a 2 Ordinance No. 7, Series of 2021 common consumption area and is organized or authorized by two (2) or more people who own or lease property within an entertainment district. C. Creation. Entertainment districts shall be approved by resolution of the Town Council. Following approval of an entertainment district, the Local Licensing Authority may certify promotional associations to operate common consumption areas within the entertainment district in which alcohol beverages may be sold, served and consumed subject to the requirements of this Code, the Colorado Liquor Code and the Colorado Beer Code, and conditions set forth in the resolution approving the entertainment district. D. Delegation of authority. The Local Licensing Authority hereby delegates to the Town Clerk the authority to: certify and decertify promotional associations; designate the location, size, security, and hours of operation of common consumption areas; and allow attachment of licensed premises to common consumption areas consistent with this Section. The Town Clerk may impose reasonable conditions on common consumption areas, the certification of promotional associations, and the attachment of licensed premises to common consumption areas. E. Certification of a promotional association. 1. An application to certify a promotional association shall include the following minimum information: a. A copy of the articles of incorporation and bylaws and a list of all directors and officers of the promotional association. A member of each licensed premises shall serve as one of the directors on the board of the promotional association which shall have at least two (2) licensed premises attached to the common consumption area; b. A detailed map of the proposed common consumption area, including without limitation: the location of physical barriers, entrances and exits, the location of attached licensed premises, and identification of licensed premises that are adjacent, but not to be attached to the common consumption area; c. A security plan, including evidence of training and approval of personnel, a detailed description of security arrangements and the approximate location of security personnel within the common consumption area during operating hours; d. A list of dates and proposed hours of operation of the common consumption area; e. Documentation showing possession of the common consumption area by the promotional association; 3 Ordinance No. 7, Series of 2021 f. A list of the attached licensees, of which there shall be a minimum of two (2), listing the following information: liquor license number; any past liquor violations; and a copy of any operational agreements; g. An insurance certificate of general liability and liquor liability insurance naming the Town as an additional insured in a minimum amount of two million dollars ($2,000,000.00); h. Documentation of the reasonable requirements of the neighborhood and the desires of the adult inhabitants for a common consumption area, as evidenced by petitions, written testimony or otherwise; and i. The application fee established pursuant to Section 3-5-9 of this Code. 2. Upon certification of a promotional association, the terms and conditions of the approval shall remain effective until and unless a revised or amended application is submitted and approved using the same procedures under which the original application was approved. 3. A certified promotional association shall file an application for recertification by January 31st of each year, which shall include the following: all of the information in the original application, plus a copy of any changes to the articles of incorporation, bylaws or the directors and officers of the promotional association. Failure to submit a complete application shall be grounds for the denial of the recertification. 4. An application by a liquor licensee to attach to an existing common consumption area of a certified promotional association shall include without limitation: a. Authorization for attachment from the certified promotional association; b. The name of the licensee's designee to sit on the board of directors of the certified promotional association; c. Detailed map of the common consumption area showing the addition of the new licensee including location of physical barriers, entrances and exits, location of attached licensed premises, identification of licensed premises that are adjacent but not to be attached to the common consumption area, approximate location of security personnel; and d. An application fee as set by resolution of the Town Council. 4 Ordinance No. 7, Series of 2021 F. Review of applications. 1. Upon receipt of an application for certification or recertification of a promotional association, or attachment of a liquor licensee to an existing common consumption area, the Local Licensing Authority shall review the application for compliance with this Code, the Colorado Liquor Code, and the Colorado Beer Code, and may either approve the application, with or without conditions, or may deny the application. 2. The Local Licensing Authority has the power to decertify a promotional association as authorized by C.R.S. § 44-3-301(11)(c)(III), as amended. G. Operational requirements. 1. The size of the common consumption area shall not exceed the area approved as the entertainment district within which the common consumption area is located, but may, with approval of the Local Licensing Authority, be a smaller area within the entertainment district, provided that the common consumption area is clearly delineated using physical barriers to close the area to motor vehicle traffic and to limit pedestrian access. 2. The promotional association shall provide an appropriate amount of security, as determined by the Local Licensing Authority, to ensure compliance with the Colorado Liquor Code, the Colorado Beer Code, and to prevent a safety risk to the neighborhood. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would hav e passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer 5 Ordinance No. 7, Series of 2021 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 April, 2021 and a public hearing for second reading of this Ordinance set for the _____ day of ______________, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________________, 2021. _____________________________ 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. 7, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 21st day of April, 2021. Witness my hand and seal this 21st day of April, 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 7, Series of 2021 ORDINANCE NO. 7 SERIES 2021 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 4 OF THE VAIL TOWN CODE TO AUTHORIZE THE CREATION OF ENTERTAINMENT DISTRICTS IN THE TOWN WHEREAS, pursuant to C.R.S. § 44-3-301(11), with approval of the governing body, a local licensing authority may allow for the creation of entertainment districts, which allows consumption of alcohol beverages in common consumption areas; WHEREAS, the Town Council desires to exercise its local option to allow creation of entertainment districts with associated common consumption areas in the Town; and WHEREAS, the Town Council desires to establish the criteria for entertainment districts and common consumption areas, including application procedures, fees, and hours of operation for common consumption areas in entertainment district. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 2 of Title 4 of the Vail Town Code is hereby amended by the addition of a new Section 4-2-7, to read as follows: 4-2-7: ENTERTAINMENT DISTRICTS. A. Purpose. The purpose of this Section is for the Town to exercise its local option to allow common consumption areas in the Town by establishing entertainment districts. The regulations in this Section are in addition to all other applicable regulations in the Colorado Liquor Code, Colorado Beer Code and this Code. B. Definitions. For purposes of this Section, the following terms have the following meanings: Common consumption area means an area designed as a common area located within a designated entertainment district and approved by the Local Licensing Authority that uses physical barriers to close the area to motor vehicle traffic and limit pedestrian access. Entertainment district is defined in C.R.S. § 44-3-103, as amended. Local Licensing Authority is the authority created by Chapter 5 of Title 3 of the Vail Town Code. Promotional association means an association that is incorporated in Colorado that organizes and promotes entertainment activities within a 2 Ordinance No. 7, Series of 2021 common consumption area and is organized or authorized by two (2) or more people who own or lease property within an entertainment district. C. Creation. Entertainment districts shall be approved by resolution of the Town Council. Following approval of an entertainment district, the Local Licensing Authority may certify promotional associations to operate common consumption areas within the entertainment district in which alcohol beverages may be sold, served and consumed subject to the requirements of this Code, the Colorado Liquor Code and the Colorado Beer Code, and conditions set forth in the resolution approving the entertainment district. D. Delegation of authority. The Local Licensing Authority hereby delegates to the Town Clerk the authority to: certify and decertify promotional associations; designate the location, size, security, and hours of operation of common consumption areas; and allow attachment of licensed premises to common consumption areas consistent with this Section. The Town Clerk may impose reasonable conditions on common consumption areas, the certification of promotional associations, and the attachment of licensed premises to common consumption areas. E. Certification of a promotional association. 1. An application to certify a promotional association shall include the following minimum information: a. A copy of the articles of incorporation and bylaws and a list of all directors and officers of the promotional association. A member of each licensed premises shall serve as one of the directors on the board of the promotional association which shall have at least two (2) licensed premises attached to the common consumption area; b. A detailed map of the proposed common consumption area, including without limitation: the location of physical barriers, entrances and exits, the location of attached licensed premises, and identification of licensed premises that are adjacent, but not to be attached to the common consumption area; c. A security plan, including evidence of training and approval of personnel, a detailed description of security arrangements and the approximate location of security personnel within the common consumption area during operating hours; d. A list of dates and proposed hours of operation of the common consumption area; e. Documentation showing possession of the common consumption area by the promotional association; 3 Ordinance No. 7, Series of 2021 f. A list of the attached licensees, of which there shall be a minimum of two (2), listing the following information: liquor license number; any past liquor violations; and a copy of any operational agreements; g. An insurance certificate of general liability and liquor liability insurance naming the Town as an additional insured in a minimum amount of two million dollars ($2,000,000.00); h. Documentation of the reasonable requirements of the neighborhood and the desires of the adult inhabitants for a common consumption area, as evidenced by petitions, written testimony or otherwise; and i. The application fee established pursuant to Section 3-5-9 of this Code. 2. Upon certification of a promotional association, the terms and conditions of the approval shall remain effective until and unless a revised or amended application is submitted and approved using the same procedures under which the original application was approved. 3. A certified promotional association shall file an application for recertification by January 31st of each year, which shall include the following: all of the information in the original application, plus a copy of any changes to the articles of incorporation, bylaws or the directors and officers of the promotional association. Failure to submit a complete application shall be grounds for the denial of the recertification. 4. An application by a liquor licensee to attach to an existing common consumption area of a certified promotional association shall include without limitation: a. Authorization for attachment from the certified promotional association; b. The name of the licensee's designee to sit on the board of directors of the certified promotional association; c. Detailed map of the common consumption area showing the addition of the new licensee including location of physical barriers, entrances and exits, location of attached licensed premises, identification of licensed premises that are adjacent but not to be attached to the common consumption area, approximate location of security personnel; and d. An application fee as set by resolution of the Town Council. 4 Ordinance No. 7, Series of 2021 F. Review of applications. 1. Upon receipt of an application for certification or recertification of a promotional association, or attachment of a liquor licensee to an existing common consumption area, the Local Licensing Authority shall review the application for compliance with this Code, the Colorado Liquor Code, and the Colorado Beer Code, and may either approve the application, with or without conditions, or may deny the application. 2. The Local Licensing Authority has the power to decertify a promotional association as authorized by C.R.S. § 44-3-301(11)(c)(III), as amended. G. Operational requirements. 1. The size of the common consumption area shall not exceed the area approved as the entertainment district within which the common consumption area is located, but may, with approval of the Local Licensing Authority, be a smaller area within the entertainment district, provided that the common consumption area is clearly delineated using physical barriers to close the area to motor vehicle traffic and to limit pedestrian access. 2. The promotional association shall provide an appropriate amount of security, as determined by the Local Licensing Authority, to ensure compliance with the Colorado Liquor Code, the Colorado Beer Code, and to prevent a safety risk to the neighborhood. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would hav e passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer 5 Ordinance No. 7, Series of 2021 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 April, 2021 and a public hearing for second reading of this Ordinance set for the 20th day of April, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of April, 2021. _____________________________ 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. 8,Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of April, 2021. Witness my hand and seal this 7th day of April, 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 8, Series of 2021 ORDINANCE NO. 8 SERIES 2021 AN ORDINANCE AMENDING SECTION 5-1-7(D) OF THE VAIL TOWN CODE CONCERNING NOISE REGULATIONS IN CERTAIN ZONE DISTRICTS BETWEEN THE HOURS OF 2:00 P.M. AND 8:00 P.M. WHEREAS, Town staff has recommended changes to the Vail Town Code to support the goal of the Town to balance the desire to create entertainment activations in Vail Village and Lionshead Village while being respectful of the combination of commercial and residential neighborhoods. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-1-7(D) of the Vail Town Code is hereby amended to read as follows: 5-1-7:NOISE PROHIBITED: ** * D.Allowable Limits: The following shall be the allowable noise limits for the time periods and zones specified: Zoning Designation of Property on Which Source of Noise is Located Maximum Number of Decibels Permitted from 7:00 a.m. to 11:00 p.m. Maximum Number of Decibels Permitted From 11:00 p.m. to 7:00 a.m. All residential zones excepting HDMF 55 decibels 50 decibels Commercial plus HDMF 65 decibels 60 decibels Industrial service zones 80 decibels 75 decibels Zoning Designation of Property on Which Source of Noise Is Located Maximum Number of Decibels Permitted from 2:00 p.m. to 8:00 p.m. Maximum Number of Decibels Permitted at All Other Times Lionshead Mixed Use 1, Public Accommodation, Commercial Service Center, Commercial Core 1, Ski Base/Recreation 2 80 decibels Refer to above table ** * 2 3/30/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\ORDINANCE NO. 8 SERIES OF 2021.PDF.DOCX 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 Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision, or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of April, 2021 and a public hearing for second reading of this Ordinance set for the ___ day of ________________, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _______________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________________, 2021. ____________________________ 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. 8, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 21st day of April, 2021. Witness my hand and seal this 21st day of April, 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 8, Series of 2021 ORDINANCE NO. 8 SERIES 2021 AN ORDINANCE AMENDING SECTION 5-1-7(D) OF THE VAIL TOWN CODE CONCERNING NOISE REGULATIONS IN CERTAIN ZONE DISTRICTS BETWEEN THE HOURS OF 2:00 P.M. AND 8:00 P.M. WHEREAS, Town staff has recommended changes to the Vail Town Code to support the goal of the Town to balance the desire to create entertainment activations in Vail Village and Lionshead Village while being respectful of the combination of commercial and residential neighborhoods. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-1-7(D) of the Vail Town Code is hereby amended to read as follows: 5-1-7: NOISE PROHIBITED: * * * D. Allowable Limits: The following shall be the allowable noise limits for the time periods and zones specified: Zoning Designation of Property on Which Source of Noise is Located Maximum Number of Decibels Permitted from 7:00 a.m. to 11:00 p.m. Maximum Number of Decibels Permitted From 11:00 p.m. to 7:00 a.m. All residential zones excepting HDMF 55 decibels 50 decibels Commercial plus HDMF 65 decibels 60 decibels Industrial service zones 80 decibels 75 decibels Zoning Designation of Property on Which Source of Noise Is Located Maximum Number of Decibels Permitted from 2:00 p.m. to 8:00 p.m. Maximum Number of Decibels Permitted at All Other Times Lionshead Mixed Use 1, Public Accommodation, Commercial Service Center, Commercial Core 1, Ski Base/Recreation 2 80 decibels Refer to above table * * * 2 3/30/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\ORDINANCE NO. 8 SERIES OF 2021.PDF.DOCX 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 Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision, or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of April, 2021 and a public hearing for second reading of this Ordinance set for the 20th day of April, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _______________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of April, 2021. ____________________________ 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. 9, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 21st day of April, 2021. Witness my hand and seal this 21st day of April, 2021. Stephanie Bibbens Deputy Town Clerk 4/15/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\FACE COVERINGS REPEAL-O041521.DOCX ORDINANCE NO. 9 SERIES 2021 AN EMERGENCY ORDINANCE REPEALING ORDINANCE NO. 19, SERIES 2020, TO ELIMINATE THE REQUIREMENT FOR FACE COVERINGS IN THE TOWN OF VAIL WHEREAS, on November 17, 2020, the Town Council adopted Ordinance No. 19, Series 2020, which required face coverings in the Town of Vail in certain circumstances, due to the COVID pandemic; and WHEREAS, the Town Council now wishes to repeal Ordinance No. 19, Series 2020, effective immediately. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance 19, Series 2020, is hereby repealed in its entirety. Section 2. Severability. 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. Repealer. 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 4. Emergency. Pursuant to § 4.11 of the Vail Town Charter, the Town Council hereby finds and declares that this ordinance is necessary for the preservation of the public health, safety and welfare, to provide residents and visitors with immediate relief from the restrictions previously imposed to prevent the spread of COVID-19. Section 5. Effective Date. This ordinance shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL this 20th day of April, 2021. _____________________________ 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. 10, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 5th day of May, 2021. Witness my hand and seal this 5th day of May, 2021. Stephanie Bibbens Deputy Town Clerk 1 4/27/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PARKING FINES-O041921.DOCX ORDINANCE NO. 10 SERIES 2021 AN ORDINANCE AMENDING SECTION 7-3D-1 OF THE VAIL TOWN CODE TO INCREASE THE PENALTIES FOR PARKING VIOLATIONS IN THE AREA AROUND THE BOOTH LAKE TRAILHEAD WHEREAS, pursuant to C.R.S. § 42-4-111 and its home rule charter, the Town is empowered to regulate and restrict the stopping, standing or parking of vehicles within its jurisdiction; and WHEREAS, the Town Council finds and determines that increased penalties are necessary for parking violations in the area around the Booth Lake Trailhead. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-3D-1(A) of the Vail Town Code is repealed in its entirety and reenacted as follows, and a new Section 7-3D-1(D) is hereby enacted 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 or Section 7-3D-1(C) shall be fined as follows: First offense: $50.00 Second similar offense within one year: $75.00 Subsequent similar offenses within one year: $150.00 * * * D. There shall be a special enforcement area surrounding the Booth Lake Trailhead known as the Booth Lake Trailhead Parking Zone, which shall include Mann's Ranch Road, Booth Falls Road, Booth Falls Court, and the 2800 – 3700 block of the North Frontage Road. Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a parking violation in the Booth Lake Trailhead Parking Zone shall be fined as follows: 2 4/27/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PARKING FINES-O041921.DOCX First offense: $100.00 Second similar offense within one year: $200.00 Subsequent similar offenses within one year: $300.00 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 4th day of May, 2021 and a public hearing for second reading of this Ordinance is set for the ____ day of ____________, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ____ day of ________________, 2021. _____________________________ 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. 10, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 19th day of May, 2021. Witness my hand and seal this 19th day of May, 2021. Stephanie Bibbens Deputy Town Clerk 1 4/27/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PARKING FINES-O041921.DOCX ORDINANCE NO. 10 SERIES 2021 AN ORDINANCE AMENDING SECTION 7-3D-1 OF THE VAIL TOWN CODE TO INCREASE THE PENALTIES FOR PARKING VIOLATIONS IN THE AREA AROUND THE BOOTH LAKE TRAILHEAD WHEREAS, pursuant to C.R.S. § 42-4-111 and its home rule charter, the Town is empowered to regulate and restrict the stopping, standing or parking of vehicles within its jurisdiction; and WHEREAS, the Town Council finds and determines that increased penalties are necessary for parking violations in the area around the Booth Lake Trailhead. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-3D-1(A) of the Vail Town Code is repealed in its entirety and reenacted as follows, and a new Section 7-3D-1(D) is hereby enacted 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 or Section 7-3D-1(C) shall be fined as follows: First offense: $50.00 Second similar offense within one year: $75.00 Subsequent similar offenses within one year: $150.00 * * * D. There shall be a special enforcement area surrounding the Booth Lake Trailhead known as the Booth Lake Trailhead Parking Zone, which shall include Mann's Ranch Road, Booth Falls Road, Booth Falls Court, and the 2800 – 3700 block of the North Frontage Road. Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a parking violation in the Booth Lake Trailhead Parking Zone shall be fined as follows: 2 4/27/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PARKING FINES-O041921.DOCX First offense: $100.00 Second similar offense within one year: $200.00 Subsequent similar offenses within one year: $300.00 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 4th day of May, 2021 and a public hearing for second reading of this Ordinance is set for the ____ day of ____________, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ____ day of ________________, 2021. _____________________________ 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. 11, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 19th day of May, 2021. Witness my hand and seal this 19th day of May, 2021. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 11 Series of 2021 AN ORDINANCE REPEALING AND REENACTING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO ADOPT UPDATED SIGN REGULATIONS, AND SETTING FORTH DETAILS IN REGARD THERETO… WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, the Town has determined that amendments to the Vail Town Code are necessary to ensure, among other things, that the To wn's sign regulations are consistent with the U.S. Supreme Court's decision in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015); WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a properly noticed public hearing on the proposed amendment on April 26, 2021 in accordance with the provisions of the Vail Town Code; WHEREAS, the Planning and Environmental Commission recommended approval of these amendments at its April 26, 2021 meeting, and has submitted its recommendation to the Council; WHEREAS, the Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 11, Sign Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural 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. Title 11, Sign Regulations, Vail Town Code, is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 1: DESCRIPTION, PURPOSE, AND APPLICABILITY 11-1-1: DESCRIPTION: This title may be cited as the SIGN REGULATIONS for the Town, and shall be incorporated as title 11 of this code. 11-1-2: PURPOSE: A. General Purpose: This Title is enacted for the purpose of promoting the health, safety, and general welfare of the Town of Vail and to promote the coordinated and harmonious design and placement of signs in the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: This Title is intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the Town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform the public. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. 5. To preserve freedom of expression in the Town of Vail. C. This Title is not intended to restrict noncommercial speech on the basis of its content, viewpoint, or message. 11-1-3: APPLICABILITY: Except as provided elsewhere in this title, the design, placement, and use of any signs shall be in compliance with all of the regulations specified in this title. All signs in the Town of Vail are subject to the design guidelines and standards (chapter 5 of this title) and design review. 11-1-4: SEVERABILITY CLAUSE: The severability of any section, subsection, sentence, clause or phrase, as set forth in Section 1-2-4 of this Town Code. CHAPTER 2: DEFINITIONS 11-2-1: DEFINITIONS ENUMERATED: ABANDONED SIGN: A sign, and its supporting structure, that has ceased to be used for the display of sign copy. ADMINISTRATOR: The director of the department of community development or his/her designee. AGGRIEVED PERSON: Any person who will suffer an adverse effect to an interest protected or furthered by this title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. ANIMATED SIGN: Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement or rotation. AWNING OR CANOPY: A permanently roofed shelter covering a sidewalk, building entrance, window, or other outdoor space. This shelter may be wholly or partially supported by a building, columns, poles, or braces extending from the ground. BUILDING FRONTAGE: The horizontal, linear dimension of any side of a building that has a usable public entrance that parallels a major vehicular or pedestrian way or other major circulation area. BUILDING IDENTIFICATION SIGN: A sign permitted based on building frontage, regardless of the number of tenants residing therein. BUSINESS FRONTAGE: The horizontal, linear dimension of any side of an above grade level that faces a major vehicular or pedestrian way and has its own public entrance for the exclusive use of said business. BUSINESS SIGN: A sign placed on a business frontage, typically as a wall or projecting sign. BUSINESS, VACATED: A commercial entity that has been closed and vacated for more than ninety (90) days without intent to reopen. CHANGEABLE COPY: A manually operated sign that displays content that can be easily changed or altered. CLEARANCE: The vertical distance from existing grade to the lowest hanging point of any projecting/hanging sign or flag. CONSTRUCTION SIGN: A temporary sign located on a parcel of property, on which construction activities of any type are being actively performed. DIRECTIONAL SIGN: a sign located within five (5) feet of an entrance or exit to a lot, for any building on the lot, or for parking for the lot. DISPLAY BOX: A freestanding or wall sign that is enclosed in glass or a similar clear material on at least one side. ELECTRONIC MESSAGE CENTER: A sign that contains changing messages or images composed of electronically illuminated segments and/or a series of grid lights, including, but not limited to, cathode ray, LED, plasma, LCD, fiber optic, or other electronic media or technology. ELECTRONIC SIGN: A sign utilizing video screens, variable message, digital display and similar features. Illumination sources may include, but are not limited to, LCD, LED, incandescent, and other similar light sources. Messages may roll, scroll, dissolve, and alternate periodically. ERECT: To build, construct, attach, hang, place, mount, suspend, or affix a sign: This also includes the painting of wall signs, murals or supergraphics. FINISHED GRADE: The existing level of a property after any development or construction activity and prior to the erection of a sign. FIRST FLOOR OR STREET LEVEL: For the purposes of calculating allowable sign area, first floor or street level shall be any floor, or portion of any floor, of a structure located at or nearest to (either above or below) the level of the adjacent vehicular or pedestrian way, as determined by the administrator. More than one floor, or portion of floors, may be defined as first floor or street level within a single structure. FLAG: Any fabric or similar lightweight material typically attached to a staff or pole, which is intended to be permanently affixed to the ground or attached to a building. FLASHING SIGN: Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever. FREESTANDING SIGN: A single or multi-faced sign that is detached from a building and is affixed to a supporting structure or imbedded in and extending from the ground. GOVERNMENT SIGN: Any sign erected or installed by a Federal, State, County, or Local government agency. HEIGHT: For the purposes of this title, the height above existing grade to the highest part of a sign and its structures, unless otherwise noted or described. ILLUMINATED SIGN: A sign emitting or reflecting a steady suffused or glowing light. ILLUMINATION, DIRECT: Lighting by means of an unshielded light source whereby the light source is directly visible to the viewer. ILLUMINATION, HALO: An internal light source, that is not visible to the viewer, for a sign making use of opaque surfaces such that light only shines through the back and sides of the sign. ILLUMINATION, INDIRECT: A light source separated from the sign that illuminates the sign's surface by means of spotlights or similar fixtures with reflective housings that control and direct light onto the sign area; the indirect light source is not visible to the viewer. ILLUMINATION, INTERNAL: A light source that is not directly visible to the viewer and is within a sign that makes use of a translucent screening; prohib ited in the Town of Vail, excluding for Government Signs MASONRY INSCRIPTION: Any text or numeral etched into masonry. MURAL: A work of art or a painting that is applied to, and made an integral part of, an exterior wall. NEIGHBORHOOD SIGN: A sign located within common or jointly owned spaces in a residential district. NONCONFORMING SIGN: Any sign that was approved by the Town of Vail, and erected and maintained prior to the enactment of this title and any amendments thereto, but that fails to conform to all applicable regulations and restrictions of this title. OFF PREMISES SIGN: Any sign located on a premise not owned or rented by the owner of the sign. OPEN HOUSE: The period of time during which a specific property is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service, and is open for viewing by potential buyers or renters. OPEN HOUSE SIGN: A temporary sign used in association with a property conducting an open house. PORTABLE SIGN: A sign that is not permanently attached to the ground, a building, or a structure. This does not include a vehicle mounted sign as defined herein. PRIVATE WARNING SIGN: A sign designed to warn others of specific dangers or regulations on the property on which the sign is erected. PROJECTING SIGN: A sign that is attached to a building, extending horizontally beyond the surface of the building to which it is attached. PUBLIC ENTRANCE: An entrance to a building or business that is customarily used or intended for use by the general public. Fire exits, employee entrances, loading dock entrances not generally used by the public, French doors that open onto a patio but are not used as a primary entrance, and other similar entrances shall not be considered public entrances. A double door shall be counted as one public entrance. QUANTITY: The number of signs allowed a business or building. REFLECTIVE SURFACE: Any material or device that has the effect of intensifying reflected light, including but not limited to, Scotchlite®, Day-Glo®, glass and luminous paint. RESIDENTIAL SIGN: A small sign permitted for every residence in the Town of Vail. SIGN: Any object, device, display, structure, or fixture situated in the public view and involving graphics, colors, symbols, written copy, or illumination and which is used to communicate, advertise, draw attention to, or identify an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination, or projected images. SIGN DISTRICT: Any one of three (3) areas designated by the Town of Vail in this title, each of which is subject to different standards. SIGN MAINTENANCE: The replacing, repairing or repainting of a sign and/or its structure due to ordinary wear and tear, weathering, or accident. SIGNPOSTS AND POLES: Any vertical upright(s) that supports a freestanding sign, that is not attached to or braced by any other structure. SIGN PROGRAM: A master plan designed to show the number and relationship of signs for any building or cluster of buildings that houses multiple tenants and is therefore allowed multiple signs. SIGN STRUCTURE: The supports, uprights, braces, hanging devices, and framework of a sign. SITE: As defined in Section 12-2-2 of the Vail Town Code. SKI BASE AREA: For the purpose of regulating ski base signs, any area within Vail’s Ski Base Sign District. SKI BASE SIGN: A sign for use within the Town of Vail’s Ski Base Sign District. TEMPORARY SIGN: A sign that is intended for a definite and limited period of display that is not permanently affixed to a structure or sign structure. THEATER: An establishment for the rehearsal and presentation of performing arts and/or the showing of movies or motion pictures. VEHICLE SIGN: A sign that is painted, attached to, or placed on a vehicle or the bed of a trailer, when the vehicle or trailer is parked on a public right-of-way or public property, or on private property so as to be visible from a public right-of-way, for the primary purpose of advertising products or directing people to a business or activity on the same or nearby premises, excluding a vehicle sign when the vehicle is primarily used for business purposes other than advertising. WALL SIGN: A sign that is attached to, painted onto, or erected upon the wall of a building or structure, with the exposed face of the sign in a plane parallel to the face of the wall. WINDOW SIGN: A sign installed upon or within three feet (3') of a window that is visible from the nearest pedestrian or vehicular way. This term does not include merchandise displays. ZONE: A zoning district as described in Title 12, "Zoning Regulations", of this code (e.g., ABD or CC3). A "zone" is not the equivalent o f a sign "district", as described in this title. CHAPTER 3: ADMINISTRATION 11-3-1: ADMINISTRATION OF SIGN REGULATIONS: A. Administrator: 1. The administrator of this title as defined in section 12-3-1, “Administrator; Appointment”, of this code. 2. Responsibilities: The administrator, and his/her designees, shall be responsible for such duties as prescribed in this title and shall be responsible for enforcement of the sign regulations. The administrator shall have the right to enter on any site for the purpose of investigation or inspection related to any provision of this title, provided that the right of entry shall be exercised only at reasonable hours and that in no case shall any structure be entered in the absence of the owner or tenant without the written order of a court of competent jurisdiction. 3. Enforcement: The administrator may serve notice indicating the nature of any violation, or requiring the removal of any sign or structure in violation of this title, on the owner or his/her authorized agent, or a tenant, or on any other person who commits or participates in any violation of this title. The administrator may call upon the town attorney to institute necessary legal proceedings and the chief of police and his/her authorized agents to assist in the enforcement of this title. B. Design Review Board: The design review board, as established by title 3, chapter 4 of this code, shall be responsible for the duties prescribed in this title, which entail the review of sign applications. C. Amendments: The regulations prescribed in this title may be amended or repealed according to section 12-3-7, "Amendment", of this code. 11-3-2: LIABILITY: The provisions of this title shall not limit the liability of any person who erects or owns any sign from personal injury or property damage resulting from the placing of a sign, or resulting from the negligence or willful acts of such person or his/her agents, employees or workers, in the construction, maintenance, repair, or removal of any sign erected in accordance with a permit issued under the provisions of this title. The provisions of this title shall not impose upon the Town of Vail, its officers, employees, or the design review board, any responsibility or liability by reason of the approval of any sign. CHAPTER 4: SIGN APPLICATION PROCEDURES 11-4-1: SUBMITTAL REQUIREMENTS: Any sign erected within the Town of Vail shall be regulated by this title and is subject to design review by the staff and/or design review board of the Town of Vail. The following application requirements must be met for any sign that is to be erected within the Town of Vail: A. Sign Application: A sign application for the erection of an individual sign consists of an application for design review which must be obtained from the Town of Vail's community development department, properly completed per the instructions, and returned with the appropriate materials to the staff in order to begin the 2 -phase review process listed in section 11-4-2 of this chapter. B. Application Fee: A reasonable application filing fee shall be set by the Vail town council to include the cost of the Town of Vail administration time and other expenses involved in the review of the application. The fee shall be paid at the time that the application is submitted and shall not be refundable. 11-4-2: SIGN APPLICATION REVIEW: Criteria For Decision: Each sign application is subject to the following two (2) levels of review: staff review and design review board (DRB) review. A. Staff Review: The community development department of the Town of Vail shall accept for review the properly completed sign application. 1. If the staff determines that the sign application unquestionably meets the standards of this title, including the design guidelines and standards as they are stated in chapter 5 of this title and the technical requirements as they are stated in chapters 6 and 7 of this title, staff shall then approve the application. All applications approved by the staff shall be listed on the next publicly posted agenda of the design review board. 2. If the staff determines that the sign application meets the standards of this title, but does not unquestionably meet the design guidelines and standards as they are stated in chapter 5 of this title and the technical requirements as they are stated in chapters 6 and 7 of this title, staff will schedule the application for review by the design review board at their next hearing, held the first and third Wednesdays of each month. 3. If the staff determines that the sign application does not meet the standards outlined in this title, including the design guidelines and standards as they are stated in chapter 5 of this title and the technical requirements as they are stated in chapters 6 and 7 of this title, staff shall deny the application. Upon denial of the application based on lack of compliance with any part of this title, the applicant will be notified of the denial in writing and may submit a new application to the staff, file an appeal of the staff decision to the design review board, or file an application for a variance in accordance with chapter 10, "Variances And Appeals", of this title. B. Design Review Board Review: The design review board will review all sign applications scheduled on their agenda by staff, in the required presence of the applicant or such applicant's representative, to ascertain the proposal's conformance with the design guidelines and standards as listed in chapter 5 of this title and the technical requirements as listed in chapters 6 and 7 of this title. 1. Upon determination of compliance with the design guidelines and standards listed in chapter 5 of this title and the technical requirements as listed in chapters 6 and 7 of this title, the design review board will approve, or approve with conditions, the applicant's sign proposal. The applicant will be notified in writing of the approval and any conditions placed on the approval, and may then erect the sign according to the approved application. 2. Upon design review board denial of the application based on the design guidelines and standards listed in chapter 5 of this title and/or the technical requirements listed in chapters 6 and 7 of this title, the applicant will be notified in writing of the reasons for denial and may submit a new application to staff according to the recommendations from the design review board. The applicant may file an appeal to the town council if he/she chooses not to submit a new application to staff (see chapter 10, "Variances And Appeals", of this title). CHAPTER 5: DESIGN GUIDELINES AND STANDARDS; SIGN MEASUREMENT 11-5-1: PURPOSE: The design guidelines and standards exist to provide direction for signs within the Town of Vail that enhance local streetscapes and provide aesthetic consistency with both the built and natural environment. The guidelines and standards are intended to encourage expression and creativity. The design guidelines make use of the word "should", to allow for subjectivity and creativity, whereas the design standards make use of the word "shall", signifying strict interpretation and enforcement. The sign measurement section exists to ensure that measurement of sign area is properly calculated in order to facilitate signage that upholds the purpose of this title. 11-5-2: DESIGN GUIDELINES: Any sign erected within the Town of Vail should: A. Be consistent with the scale and architecture already present in the Town: Sign location, configuration, mounting structure, framing design, and size should be aesthetically harmonious with the mountain setting and the alpine village atmosphere of the Town. B. Be compatible with the placement of surrounding signs: Similar signs should not be placed within close proximity of each other, but should instead incorporate variety and visual interest within the "view corridor" that they are p laced. Signs shall not create visual clutter. The staff shall review all proposed signs in the context of adjacent signage to verify that the sign is appropriately placed. C. Be composed of predominately natural materials which may include, but are not limited to, painted, stained, solid, or carved wood; brick; stone; wrought iron or metals such as copper or brass that have been treated to prevent reflective glare; nonreflective glass and stained glass; other naturally textured building materials. Plastic and other synthetic materials that are not naturally textured, such as sign foam, vinyl or Plexiglas®, are discouraged. D. Use natural colors: 1. Earth tones: Full spectrum of soil, clay, and metallic colors; 2. Neutrals: Off whites to deep brown and black; 3. Bright colors should be used only as accents. E. Use creative graphics and lettering: The creative use of depth, relief, shading, three - dimensional projections and other pleasing textural qualities is generally encouraged. Three-dimensional projections shall not be calculated as part of total sign area, but shall be subject to design review. F. Be surrounded by landscaping: Landscaping, when appropriate, should be designed in harmony with surrounding natural landforms and native plants (xeriscaping). G. Use inconspicuous lighting: Lighting should be integrated into the overall design of the sign, both in color and placement, and should be of no greater illumination than is necessary to make the sign visible at night. Recessed and indirect light s ources are encouraged. 11-5-3: DESIGN STANDARDS: Any sign erected within the Town of Vail shall conform to the following standards: A. Compatibility: Signs shall be visually compatible with the size of surrounding structures and other signage and shall not visually dominate the structure or business to which they belong. The staff shall review all proposed signs in the context of adjacent signage to verify that the sign is appropriately sized. B. Colors: Fluorescent, Day-Glo® and neon colors are prohibited, unless the owner of the sign has a copyright to such color. C. Reflective Surfaces: Sign surfaces that reflect light are prohibited and shall instead be comprised of matte or flat finishes. D. Lighting Fixtures: Lighting shall be white in color. Lights shall not shine or reflect onto adjacent properties. Internal illumination and fluorescent/neon light sources are prohibited. All lighting shall be subject to design review. E. Sign Maintenance: All signs, including their support structures and related fixtures, shall be kept in good repair; this includes replacement of lighting, repainting when appropriate, and other actions that contribute to attractive signage. The display surfaces and hardware of all signs shall be properly painted, finished, or posted at all times. The glass surfaces on which window signs are affixed shall be well maintained. F. Electrical Wiring: Electrical wiring shall be concealed. In addition, all signs that contain electrical wiring shall be subject to the provisions of the adopted electrical code of the Town and the electrical components shall bear the label of an approved testing agency. G. Wind Pressure And Dead Load Requirements: Any "sign", as defined throughout this title, shall be designed to withstand wind pressures and shall support dead loads a s required by the most recent building code (IBC) at the time of construction, as adopted by the Town of Vail and determined by the chief building official. H. Placement On Public Property: Signs shall be constructed on private property outside of the Town right of way and shall not project onto the Town right of way except when permitted under a licensing agreement or a revocable right of way permit issued from the Town of Vail. I. Sign Inspection: Each sign for which a permit is required shall be subject to inspection by the staff. 11-5-4: SIGN MEASUREMENT: A. Single Faced Signs: Single faced signs (i.e., awning signs, wall signs) shall be measured by up to two (2) imaginary polygons enclosing all letters, graphics and sign base material, including framing, not integrated into the architecture of the building. B. Multifaced Signs: When two (2) sign faces are placed back to back and are at no point more than one foot (1') from one another, the sign area shall be the area of the larger face. Sign area of all other multifaced signs shall be calculated as the total area of all sign faces. C. Window Signs: Window signs shall be measured by the exact square footage of opaque or translucent materials affixed within three feet (3') of the window. D. Display Boxes: Display boxes shall be measured by the area of the outside dimensions of the box, including framing. E. Brackets And Fixtures: Brackets, fixtures and other means of securing a sign shall not count towards square footage of signage. CHAPTER 6: BUSINESS AND BUILDING IDENTIFICATION SIGNS 11-6-1: SIGN DISTRICTS: A. Sign District 1 (SD 1): All of vail except for property zoned ABD, CC3, and PA-2. B. Sign District 2 (SD 2): All property zoned ABD, CC3, and PA-2 (West Vail and Cascade Crossing). C. Ski Base Overlay Sign District (SBO): Properties that are a part of the Ski Base Sign Area as defined by the Ski Base Overlay map. 11-6-2: BUSINESS SIGNS: A. Business Signs: 1. Business signs in sign district 1 (SD 1): a. Number: Each business shall be allowed one business sign per public entrance. b. Area: The allowable area of each business sign shall be up to six (6) square feet. At the discretion of the design review board. c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrian ways and a minimum clearance of fifteen feet (15') above vehicular ways. No part of any business sign shall extend more than twenty-five feet (25') above existing grade. d. Location: Business signs shall be located on the business frontage . e. Type Of Sign: Business signs shall not be freestanding. f. Businesses Not On The First Floor Or Street Level: Businesses not located on the first floor or street level shall be allowed only one projecting sign with a maximum area of six (6) square feet; location shall be subject to design review. 2. Business signs in sign district 2 (SD 2): a. Number: Each business shall be allowed one (1) business sign per business frontage with a maximum of three (3) per business. b. Area: The combined area of allowed business signs is based on the combined business frontages, and is as follows: Combined Business Frontages Total Sign Area 0 feet – <13 feet 10 square feet 13 feet – <25 feet 14 square feet 25 feet – <50 feet 20 square feet 50 feet – <75 feet 30 square feet 75 feet – <100 feet 40 square feet 100 feet plus 50 square feet c. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of any business sign shall extend more than twenty-five feet (25') above existing grade. d. Location: Business signs shall be located on the business frontage. e. Type Of Sign: Business signs shall not be freestanding. f. Businesses Not On The First Floor: Businesses not located on the first floor shall be allowed only one projecting sign with a maximum area of six (6) square feet; location shall be subject to design review. B. Display Boxes (SD 1 And SD 2): 1. Number: Each business shall be allowed one display box, per subsection B6 of this section. 2. Area: Display boxes shall not exceed six (6) square feet. 3. Height: The height of the highest part of the display box shall not extend more than six feet (6') above existing grade. 4. Location: Display boxes shall be located on the business frontage. 5. Type of Sign: Display boxes shall not be freestanding signs. C. Window Signs (SD 1 And SD 2): 1. Number: The number of window signs is not regulated as long as area requirements are met. 2. Area: The area of all window signs shall not exceed fifteen percent (15%) of the area of the window in which they are placed, with a maximum size per window sign of six (6) square feet. Mullions that are more than twelve inches (12") wide shall be considered window separators, thereby signifying a separate "window area". 3. Height: The top of any window sign shall not extend more than twenty -five feet (25') above existing grade. 4. Special Provisions: Any signs placed inside of a business, within three feet (3') of a window and visible from the outside shall be counted toward total window sign area. 11-6-3: BUILDING IDENTIFICATION SIGNS: A. Description: All building signs shall comply with the regulations listed herein and shall also be subject to review by the design review board, which reviews signage based on the criteria in chapter 5 of this title. The total area allowed for building identification signage in both sign district 1 and sign district 2 includes the total number of its building signs, each measured differently, according to the type of building identification sign, and varies according to building frontage (see following tables). 1. Sign District 1 (SD 1); Allowable Building Identification Sign Area: The linear frontage of a building shall be measured in the same manner as that of a business, except that frontages shall not be delineated by inner divisions between tenant spaces. Building identification signs, unlike business signs, shall be allowed on building frontages without entrances, as long as that frontage parallels a major pedestrian or vehicular way. Building Frontage Allowed Total Sign Area 10 feet – <50 feet 20 square feet 50 feet – <75 feet 30 square feet 75 feet – <100 feet 40 square feet 100 feet – <150 feet 50 square feet 150 feet – <200 feet 50 square feet 200 feet plus 60 square feet 2. Sign District 2 (SD 2); Allowable Building Identification Sign Area: The linear frontage of a building shall be measured in the same manner as that of a business, except that frontages shall not be delineated by inner divisions between tenant spaces. Building identification signs, unlike business signs, shall be allowed on building frontages without entrances, as long as that frontage parallels a major pedestrian or vehicular way. Building Frontage Allowed Total Sign Area 10 feet – <50 feet 20 square feet 50 feet – <75 feet 30 square feet 75 feet – <100 feet 40 square feet 100 feet – <150 feet 50 square feet 150 feet – <200 feet 50 square feet 200 feet – <250 feet 60 square feet 250 feet – <300 feet 60 square feet 300 feet – <400 feet 70 square feet 400 feet plus 80 square feet 3. Sign Districts 1 And 2; Types Of Building Identification Signs: a. Freestanding Signs: (1) Number: One (1) freestanding sign per building frontage on a major pedestrian or vehicular way, with a maximum of two (2) freestanding signs per building. (2) Area: Freestanding building identification signs shall be subject to the total sign area requirements of the building frontage tables listed previously and shall be measured according to the total sign area. (3) Height: No part of a freestanding building identification sign shall be higher than eight feet (8') above existing grade. (4) Special Provisions: Freestanding signs shall be placed on two (2) separate building facades facing pedestrian and vehicular ways and shall be subject to design review. A joint directory sign, though a type of freestanding sign, shall not count toward the total quantity of freestanding signs allowed. b. Wall Mounted Signs: (1) Number: One (1) sign per building frontage on a major pedestrian or vehicular way. A maximum of two (2) wall mounted building identification signs shall be allowed if a building has two (2) frontages as defined in these regulations. (2) Area: Wall mounted building identification signs shall be subject to the total sign area requirements of the building frontage tables listed previously, and shall be measured according to the size of the text only. (3) Height: No part of a wall mounted building identification sign shall be higher than twenty-five feet (25') above existing grade. (4) Special Provisions: If using two (2) signs, signs shall be placed on two (2) separate frontages, subject to design review. c. Joint Directory Signs: (1) Number: One (1) joint directory sign per building unless the building has more than one building frontage (see chapter 2, "Definitions", of this title) with a combined linear frontage that exceeds one hundred fifty feet (150'), in which case that building shall be entitled to two (2) joint directory signs. No building identification sign, other than a joint directory sign, shall be allowed for the side of a building that houses a joint directory sign. (2) Area: Each joint directory sign may contain signage of up to one (1) square foot per business tenant in a building, and up to three (3) square feet for the name of the building, placed atop the joint directory sign. (3) Height: No part of a joint directory sign shall be higher than eight feet (8') above existing grade. (4) Special Provisions: A joint directory sign, though a type of freestanding sign, shall not count toward the total quantity of freestanding signs allowed. However, the area of the joint directory sign shall be included in the total building identification area allowed according to building frontage. All joint directory signs shall be kept current according to business turnover. CHAPTER 7: OTHER SIGNS 11-7-1: FLAGS: A. Quantity: A maximum of two (2) flags per property. B. Size: Flags are not to exceed twenty-four (24) square feet in area. C. Height: 1. Clearance: Flags shall have a minimum clearance of eight feet (8’) when projecting over public walkways and a minimum clearance of fifteen feet (15’) when projecting over vehicular streets. 2. No flagpole shall be higher than twenty-five feet (25’) within the Town of Vail. D. Commercial Flags: Flags used for the advertisement of any business, product, or service are subject to DRB review. E. Non-Commercial Flags: Flags not used for the advertisement of any business, product, or service are exempt from DRB review, unlimited in number, but must conform to all dimensional standards. Flagpoles and other mounting structures require a building permit. F. Special Events: Flags used for the purpose of promoting community activities or the sponsors thereof shall be exempt from the application procedure described in this title and shall instead be subject to the requirements associated with acquiring a Special Events Permit from the Town of Vail. 11-7-2: RESIDENTIAL SIGNS: A. Size: Size shall not exceed one-half (1/2) square foot per dwelling unit. B. Height: No part of the sign shall extend above eight feet (8') above existing grade. C. Number: One (1) sign per dwelling unit. D. Location: Subject to design review. E. Design: Wall mounted, freestanding, or projecting/hanging, subject to design review. F. Lighting: Indirect. G. Landscaping: Subject to design review. H. Special Provisions: Structures having three (3) or more living units may have one (1) exterior residential sign directory, provided that the individual signs of the directory are of a standard design and size. 11-7-3: NEIGHBORHOOD SIGNS: A. Description: In all residential zone districts, any property or portion of a property under common ownership or management shall be allowed additional signage within the area under common ownership or management. The common space must be common to more than 4 units to qualify for a neighborhood sign. B. Number: One (1) sign per curb cut accessing the common space. C. Area: Combined area of all neighborhood signs shall not exceed twenty (20) square feet. D. Height: No part of a neighborhood sign shall extend more than eight feet (8’) above finished grade. 11-7-4: CONSTRUCTION SIGNS: A. Area: The area of any construction sign shall not exceed eight (8) square feet. B. Height: The top of a construction sign shall be no higher than eight feet (8') above grade. C. Number: One (1) sign per construction site. D. Location: Construction signs shall be mounted parallel and flush to the building wall or construction fence adjacent to the street or major pedestrianway to which the construction site abuts. E. Lighting: Not permitted. F. Type Of Sign: Construction signs shall not be freestanding signs. G. Display Duration: Construction signs may be displayed upon issuance of the associated building permit(s) and shall be removed prior to the issuance of a certificate of occupancy. H. Construction signs must comply with the current building code adopted by the Town of Vail and any other relevant state or federal law. 11-7-5: THEATER SIGNS Theaters and movie/media rental business will be allowed three (3) theater signs in the front window at any one time. The allowable area of each theater sign may be up to eight (8) square feet, subject to design review approval. Theater signs may be electronic signs. When used as a theater sign, the illumination levels of an electronic sign must be adjusted to the ambient light conditions and be no brighter than is necessary for clear and adequate visibility. When used as a theater sign, electronic signs shall not emit light between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. the following day. 11-7-6: OPEN HOUSE SIGNS: A. Number: For each real property that is actively listed for sale, as evidenced by such parcel's listing in a multiple listing service or other real estate listing service, one (1) temporary sign is allowed. B. Location: An Open House Sign is allowed at a street corner on the street from which the main entrance to the property is accessed. It must be placed in a manner to not obstruct the flow of traffic or impede in the safe usage of the Right -of-Way. C. Area: The area of any open house sign shall not exceed three (3) square feet. D. Height: The height of any open house sign shall not exceed four feet (4’) as measured from the top of the sign to the grade at the base of the sign. E. Display Duration: This sign is only allowed during the period of time when the property is open for viewing to the public without an appointment (aka an “open house”). Open House Signs may only be displayed between eight o’clock (8:00) A.M. and eight o’clock (8:00) P.M. on a daily basis. 11-7-7: BALLOONS: All balloons, regardless of their size, shall be subject to a special events permit. 11-7-8: PUBLIC PARKING AND LOADING SIGNS FOR PRIVATE PROPERTY: A. Description: A public parking and loading sign is permitted for private properties which provide "public unstructured parking" or "public parking structures" as defined by section 12-2-2, "Definitions Of Words And Terms", of this code, with a minimum of twenty-five (25) parking spaces and/or loading bays for use by the public. These publi c parking spaces must be above and beyond the requirements of title 12, chapter 10, "Off Street Parking And Loading", of this code. 1. Number: One (1) sign per public vehicular entrance, unless the administrator determines fewer or additional signs are necessary to promote the safe and expedient flow of traffic. 2. Area: The allowable area of any single public parking and loading sign shall not exceed ten (10) square feet, unless the administrator determines a smaller or larger area is necessary to promote the safe and expedient flow of traffic. 3. Height: Projecting and awning signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of any public parking or loading signs shall extend more than twenty-five feet (25') above grade. 4. Location: Subject to design review. Signs may be permitted in the Town's right of way, subject to subsection 11-5-3I, "Placement On Public Property", of this title. 5. Type: Awning, freestanding, projecting or wall mounted. 6. Lighting: Subject to design review. 11-7-9: SKI BASE AREA SIGNS: A. Description: These regulations apply to all signs erected within the ski base areas. There shall be a sign program addressing the needs of both the winter and summer seasons. It is not the intent of these regulations to provide a competitive advantage to on mountain commercial uses. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of a ski base sign shall extend more than twenty-five feet (25') above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-3I, "Placement On Public Property", of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A - frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Special Provisions: A sign program is required in accordance with the provisions of chapter 8 of this title. 11-7-10: RESTAURANT SIGNS: A. Description: Additional signage allowed for all eating and drinking establishments within the Town of Vail, subject to the following standards. B. Display Boxes: 1. Number: Each business shall be allowed up to two (2) display boxes per business frontage, per subsection C5 of this section. 2. Area: Businesses shall be allowed up to six (6) square feet of display box area per business frontage. No single display box shall exceed six (6) square feet, and no business frontage shall display more than six (6) square feet of display box area. 3. Height: The height of the highest part of the display box shall not extend more than six feet (6') above existing grade. 4. Location: Display boxes shall be displayed on the business frontage. C. Specials Boards: 1. Number: Businesses shall be allowed one specials board per business frontage. 2. Area: Specials boards shall not exceed three (3) square feet. 3. Height: The height of the highest part of the specials board shall not extend more than six feet (6') above existing grade. 4. Location: Specials boards shall be attached to menu boxes, except where the administrator determines there is a practical difficulty by making the following findings, in which case the specials board may be attached to a wall or deck railing on the business frontage: a. That there exists no ability to attach the specials board to the menu box in the existing or proposed location of the menu box; and b. That there exists no ability to relocate the existing or proposed menu box to a location that meets the requirements of this title, and allows for attachment of the specials board to the menu box. 11-7-11: ADDITIONAL TEMPORARY SIGNAGE: A. Description: Each property within the Town of Vail shall be allowed, without a permit, one (1) additional temporary sign, subject to the following standards. B. Size: No temporary sign shall not be greater than three (3) square feet in area. C. Height: No part of a freestanding sign shall extend above four feet (4’) above the finished grade. D. Design: Temporary signage falling under this provision shall be freestanding or window signs. E. Timeframe: No sign falling under this provision shall be displayed for more than fourteen (14) days per year. Additional Temporary Signage may only be displayed between eight o’clock (8:00) A.M. and eight o’clock (8:00) P.M. on a daily basis. CHAPTER 8: SIGN PROGRAMS 11-8-1: SIGN PROGRAM DESCRIPTION: The purpose of the sign program is to encourage a comprehensive approach to the design, size, number, shape, color, and placement of all signs pertaining to a particular development or building containing a business or group of businesses. A sign program shall convey an organized, innovative, and unique approach to multiple signs. 11-8-2: CRITERIA: Sign programs shall be required for all new or demolished/rebuilt multi-family residential projects and for new or demolished/rebuilt commercial projects. Sign programs may be required for other significant new developments (e.g., subdivisions, ski base facilities) or for redevelopment projects at the discretion of the staff. Existing multi -tenant commercial buildings shall be required to submit a sign program when applying for new signage. Sign programs shall be subject to the provisions, standards, and guidelines listed in this title. 11-8-3: SIGN PROGRAM REVIEW: All sign programs shall be subject to the design review process detailed in chapter 4, "Sign Application Procedures", of this title. CHAPTER 9: EXEMPT, PROHIBITED, AND NONCONFORMING SIGNS 11-9-1: EXEMPT SIGNS: The following signs are exempt from design review, but remain subject to the applicable requirements of this code, including, but not limited to, the design standards and guidelines listed in chapter 5 of this title and the maintenance requirements listed in section 11-11-3 of this title: A. Memorial signs, dedication plaques, or tablets; B. Government signs and signs erected by government employees in the course of their work, including directional signs, to control traffic or for other regulatory purposes; C. A mural that has received approval by the Art in Public Places Board; D. Temporary decorations or displays, when they are commonly associated with any national, local or religious holiday; E. Temporary or permanent signs erected by public utility companies or construction companies to warn of dangerous or hazardous conditions; F. Signage and decorations subject to a Special Event Permit through the Town of Vail; and G. Private Warning Signs 11-9-2: PROHIBITED SIGNS: Unless otherwise allowed by this title, the following signs are prohibited within the Town of Vail: A. Animated signs that incorporate the use of movement (aside from natural wind induced movement) through revolving, rotating, or otherwise moving parts; B. Signs with the illusion of movement; C. Signs (or the illumination thereof) that flash, pulse, move, rotate, scintillate, blink, flicker, or vary in intensity and/or color; D. Signs that incorporate projected images, emit any sound, or involve the use of live animals; E. Any sign for a business or service having been vacated for ninety (90) or more days. This provision does not apply to permanent signs accessory to seasonal businesses, provided there is clear intent to continue operation of the business; F. Any sign or structure that is unsafe or constitutes a hazard to safety for any reason; G. Any gas filled, illuminated or fiber optic sign that is less than four feet (4') from a window; H. Any sign or structure that obstructs ingress to or egress from a required exitway, that obstructs the view of vehicular traffic entering or exiting a public roadway, or that creates an unsafe distraction for motor vehicle operators; I. Any sign that could be confused with an official government sign (such as a traffic sign) but is not; J. Any off premises sign that is not otherwise regulated by this title; K. All billboards; L. Pennants, banners, and bunting that are not associated with a special event permit; M. Any dry erase or chalk board not approved by the provisions of this title as a specials board; and N. Vehicular signs as defined by this Title. 11-9-3: NONCONFORMING SIGNS: A. Definition: Any sign erected prior to the enactment of this title and in accord with the Town of Vail approval process, that does not conform to the provisions set forth herein (as determined by the administrative procedure listed below), or is located in newly annexed territory, shall be designated as nonconforming. B. Continuation Of A Nonconforming Sign: Any sign which has been determined to be nonconforming may continue in use and operation as a nonconforming sign pending the following provisions: 1. Any nonconforming sign that is not maintained, at the discretion of the administrator and according to section 11-2-1 of this title, shall be removed by the administrator (section 11-11-3 of this title) and shall be replaced as a conforming sign, in accordance with the regulations in this title. 2. All nonconforming signs shall be brought into conformance with the regulations in this title at the time that the represented business changes ownership, provided that the business changes its name and/or offered services, thereby requiring a new sign, or at the time that the represented business changes its name and/or services offered, thereby requiring a new sign. CHAPTER 10: VARIANCES AND APPEALS 11-10-1: VARIANCES: A. Purpose: A variance from the sign regulations constitutes relief from the strict interpretation of the standards and may be granted by the planning and environmental commission (PEC) in cases where there exists a physical limitation that prevents the existence, placement, or operation of a sign in compliance with the standards of this title. B. Application Procedure: An application for a variance from the sign regulations may be obtained from the community development department. The variance application must include a sign permit application, the applicant's reasons for requesting a variance, and a nonrefundable fee determined by the town council as set forth by town ordinances. The staff shall set a date for a hearing before the planning and environmental commission once the complete application has been received. C. Criteria For Approval: 1. Special circumstances or conditions must exist that apply to the land, buildings, topography, vegetation, sign structures, or other matters on adjacent lots or within the adjacent right of way, that wou ld substantially restrict the effectiveness of the sign in question. However, such circumstances must be unique to the subject site. 2. The applicant shall not have created the circumstances that have necessitated the variance request. 3. The applicant must demonstrate that the granting of the variance will be in general harmony with the purposes of this title. 11-10-2: APPEAL OF A VARIANCE: An appeal to the town council of a planning and environmental commission (PEC) decision on a sign variance application may be made in accordance with the appeal process (section 12-3-3 of this code). CHAPTER 11: VIOLATIONS AND ENFORCEMENT 11-11-1: VIOLATIONS: A. General Violations: Any sign that is deemed by the administrator to be erected, structurally altered, extended, moved, or otherwise utilized in violation of any provisions of this title, is in violation of this title and shall be subject to the procedure for removal as listed below. Any sign not maintained or kept in good repair, as determined by the administrator, is in violation of this chapter and shall also be subject to the procedure listed in section 11-11-2 of this chapter. B. Sign Violations On Public Property: It shall be unlawful to erect or maintain any sign in, on, over, or above any land or right of way or on any property belonging to the Town of Vail without the express permission of the Town. The administrator may summarily abate a violation of this nature by removing and confiscating any unauthorized sign without prior notice and may recover the costs incurred in removing any unauthorized signs from any person who commits, takes part in, or who assists in any such violation. However, this shall not be deemed to apply to official government notices and notices posted by governmental officers in the performance of their duties, government signs to control traffic or for other regulatory purposes, or to identify streets or warn of danger. Any person who commits, takes part in, or who assists in any such violation, shall be guilty of a violation of this code and be subject to the provisions of the penalty and costs subsections (section 11-11-2) of this chapter. 11-11-2: PROCEDURE AND ENFORCEMENT: A. Notice Of Violation: The administrator shall give written notice of the violation to the owner, general agent, lessee, or tenant of the building or premises at which such violation has been committed or to any employee, contractor, or any other person who commits, takes part in, or assists in any such violation. B. Penalty: The business, building or premises at which such violation has been committed and which has been given written notice of the violation, or any person who commits, takes part in, or who assists in any such violation, shall be subject to penalty as provided in section 1-4-1, "General Penalty", of this code for each calendar day after written notice is received that such violation continues. This shall not preclude the imposition of any other civil or administrative action or sanction. The correction of a violation of any provision of this title may not restrain imposition of these penalties. C. Failure To Comply And Town Abatement: If the person in receipt of said written notice fails to abate said violation so as to comply with the provisions of this title within the time frame specified in the notice, the administrator shall cause a sign in violation of the provisions of this title to be altered or removed at the expense of the owner or person entitled to possession of the property or sign, and shall, upon the determination of the expenses, certify them to the director of finance of the Town of Vail. D. Costs: The amount certified by the director of finance to the county treasurer for collection shall include the actual cost of repair or removal of the sign and the cost of collection plus fifteen percent (15%) of the sum of said costs, representing penalty. 11-11-3: SIGN MAINTENANCE AND REPAIR ENFORCEMENT: A. All signs in the Town shall be properly maintained (as defined in section 11 -2-1 of this title) at all times to the satisfaction of the administrator or they will be repaired or removed (as defined in section 11-2-1 of this title) by the administrator. B. The administrator shall have the authority to order through written notice the repair or removal of a sign and accompanying landscaping when the said sign: 1. Has been found to constitute a violation of this title; 2. Is a hazard to the safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment; or 3. Has been damaged beyond fifty percent (50%) of its total area and deemed poorly maintained by the administrator. The procedure for removal of a sign in violation is detailed in subsection 11-11-2C of this chapter. The administrator's decision shall be subject to review by the planning and environmental commission in accordance with the provisions of the zoning ordinance (subsection 12-3-3B of this code) and may be appealed by any "aggrieved or adversely affected person" (as defined in subsection 12-3-3B2 of this code). Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the following: 1. The text 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 2. The text amendment furthers the general and specific purposes of the zoning regulations 3. The text amendment promotes the health, safety, morals and the general welfare of the town and promotes the coordinated and harmonious development of the town in a manner than conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecuti on 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 here in. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of May, 2021, and a public hearing for second reading of this Ordinance set for the 1st day of June, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. __________________ Dave Chapin, Mayor ATTEST: _________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1st day of June, 2021. _____________________________ 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. 13, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 16th day of June, 2021. Witness my hand and seal this 16th day of June 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 13, Series of 2021 ORDINANCE NO. 13 SERIES OF 2021 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, MARKETING FUND, HEAVY EQUIPMENT FUND AND DISPATCH SERVICES FUND, OF THE 2021 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 2020 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 2020, adopting the 2021 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 2021 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 321,300 Capital Projects Fund (914,330) Real Estate Transfer Tax Fund 18,186 Housing Fund 787,400 Marketing Fund 40,000 Heavy Equipment Fund 6,750 Dispatch Services Fund 700 Less Interfund Transfers (40,000) Total $ 220,006 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each Ordinance No. 13, Series of 2021 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 15th day of June 2021, and a public hearing shall be held on this Ordinance on the 6th day of July, 2021, 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 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 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of July, 2021. Witness my hand and seal this 7th day of July 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 13, Series of 2021 ORDINANCE NO. 13 SERIES OF 2021 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND , HOUSING FUND, MARKETING FUND, HEAVY EQUIPMENT FUND , DISPATCH SERVICES FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2021 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 20 20 which could not have been reasonably foreseen or an ticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 2020, adopting the 2021 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the T own 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, Colorad o, the Town Council hereby makes the following budget adjustments for the 2021 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 342,450 Capital Projects Fund 930,670 Real Estate Transfer Tax Fund 18,186 Housing Fund 787,400 Marketing Fund 40,000 Heavy Equipment Fund 6,750 Dispatch Services Fund 700 Residences at Main Vail Fund 24,752,800 Less Interfund Transfers (1,540,000) Total $ 25,338,956 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 rema ining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each Ordinance No. 13, Series of 2021 part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phras es be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for th e 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 comm enced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provi sion hereby shall not revive any provision or any ordinance previously repealed or superseded unle ss 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, o r ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of June 2021, and a public hearing shall be held on this Ordinance on the 6th day of July, 2021, 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 READ AND APPROVED ON SECOND READIN G AND ORDERED PUBLISHED IN FULL this 6th day of July. _____________________________ 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. 14, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 7th day of July, 2021. Witness my hand and seal this 7th day of July 2021. Stephanie Bibbens Deputy Town Clerk 1 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\8619E263-8B3F-4DCD-A0C7- C7AFBEB1A0E7\VAIL GOV.16741.1.816_W_FOREST_TRANSFER-O063021.DOCX ORDINANCE NO. 14 SERIES 2021 AN ORDINANCE AUTHORIZING THE TRANSFER OF CERTAIN PROPERTY IN THE TOWN'S RIGHT-OF-WAY FOR WEST FOREST ROAD IN EXCHANGE FOR ALTERNATE PROPERTY, AND APPROVING THE ASSOCIATED EXCHANGE AGREEMENT, ALL TO ACCOMMODATE CONSTRUCTION OF TWO RESIDENCES AT 816 WEST FOREST ROAD WHEREAS, Mexamer Forest Road LLC ("Mexamer") owns the property located at 816 West Forest Road, Vail, Colorado; WHEREAS, the Town owns the public right-of-way adjacent to West Forest Road; WHEREAS, Mexamer intends to construct two residences at 816 West Forest Road, and to allow for access to those residences, Mexamer has requested that the Town exchange portions of the Town's right-of-way in West Forest Road with portions of what is now private property; WHEREAS, the properties being exchanged are of like kind and equal value; WHEREAS, the property being transferred to the Town is sufficient for the right-of- way for West Forest Road; WHEREAS, the Town and Mexamer have negotiated an agreement governing the exchange of property (the "Exchange Agreement"); WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the transfer of real property by ordinance; and WHEREAS, the Town Council finds and determines that the transfer of the right- of-way to Mexamer under the terms of the Exchange Agreement 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. The Exchange Agreement between the Town and Mexamer is hereby approved in substantially the form attached hereto, subject to approval by the Town Attorney. Upon such approval, the Town Manager is hereby authorized to execute the Exchange Agreement on behalf of the Town. Section 2. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the transfer of certain portions of the Town's right-of-way in West Forest Road, as more particularly described in the exhibits to the Exchange Agreement, to Mexamer, in exchange for the receipt of private property from Mexamer, as more particularly described in the exhibits to the Exchange Agreement. The Town Manager is 2 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\8619E263-8B3F-4DCD-A0C7- C7AFBEB1A0E7\VAIL GOV.16741.1.816_W_FOREST_TRANSFER-O063021.DOCX hereby authorized to sign all documents necessary to complete the exchange of such property, subject to approval of such documents by the Town Attorney. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. 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 July, 2021, and a public hearing for second reading of this Ordinance set for the ___ day of __________, 2021, 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 ___ day of _____________, 2021. _____________________________ David 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. 14, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 21st day of July, 2021. Witness my hand and seal this 21st day of July 2021. Stephanie Bibbens Deputy Town Clerk 1 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\8619E263-8B3F-4DCD-A0C7- C7AFBEB1A0E7\VAIL GOV.16741.1.816_W_FOREST_TRANSFER-O063021.DOCX ORDINANCE NO. 14 SERIES 2021 AN ORDINANCE AUTHORIZING THE TRANSFER OF CERTAIN PROPERTY IN THE TOWN'S RIGHT-OF-WAY FOR WEST FOREST ROAD IN EXCHANGE FOR ALTERNATE PROPERTY, AND APPROVING THE ASSOCIATED EXCHANGE AGREEMENT, ALL TO ACCOMMODATE CONSTRUCTION OF TWO RESIDENCES AT 816 WEST FOREST ROAD WHEREAS, Mexamer Forest Road LLC ("Mexamer") owns the property located at 816 West Forest Road, Vail, Colorado; WHEREAS, the Town owns the public right-of-way adjacent to West Forest Road; WHEREAS, Mexamer intends to construct two residences at 816 West Forest Road, and to allow for access to those residences, Mexamer has requested that the Town exchange portions of the Town's right-of-way in West Forest Road with portions of what is now private property; WHEREAS, the properties being exchanged are of like kind and equal value; WHEREAS, the property being transferred to the Town is sufficient for the right-of- way for West Forest Road; WHEREAS, the Town and Mexamer have negotiated an agreement governing the exchange of property (the "Exchange Agreement"); WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the transfer of real property by ordinance; and WHEREAS, the Town Council finds and determines that the transfer of the right- of-way to Mexamer under the terms of the Exchange Agreement 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. The Exchange Agreement between the Town and Mexamer is hereby approved in substantially the form attached hereto, subject to approval by the Town Attorney. Upon such approval, the Town Manager is hereby authorized to execute the Exchange Agreement on behalf of the Town. Section 2. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the transfer of certain portions of the Town's right-of-way in West Forest Road, as more particularly described in the exhibits to the Exchange Agreement, to Mexamer, in exchange for the receipt of private property from Mexamer, as more particularly described in the exhibits to the Exchange Agreement. The Town Manager is 2 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\8619E263-8B3F-4DCD-A0C7- C7AFBEB1A0E7\VAIL GOV.16741.1.816_W_FOREST_TRANSFER-O063021.DOCX hereby authorized to sign all documents necessary to complete the exchange of such property, subject to approval of such documents by the Town Attorney. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. 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 July, 2021, and a public hearing for second reading of this Ordinance set for the ___ day of __________, 2021, 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 ___ day of _____________, 2021. _____________________________ David 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. 16, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 18th day of August, 2021. Witness my hand and seal this 18th day of August, 2021. Stephanie Bibbens Deputy Town Clerk 1 8/18/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 16-O081821.DOCX ORDINANCE NO. 16 SERIES OF 2021 AN ORDINANCE APPROVING AMENDMENTS TO SPECIAL DEVELOPMENT DISTRICT NO. 43, HIGHLINE DOUBLE TREE WHEREAS, TNREF lll Bravo Vail LLC (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the zoning of the Property is subject to Special Development District No. 43, Highline Double Tree ("SDD 43"); WHEREAS, on March 29, 2021, the Applicant filed an application to amend SDD 43 (the "Application"); WHEREAS, amendments to special development districts are governed by Vail Town Code § 12-9A-10; WHEREAS, on July 26, 2021, the Planning and Environmental Commission (the “PEC”) held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application, subject to certain conditions; and WHEREAS, on August 17, 2021, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings. The Town Council, upon reviewing the recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant and the public, and giving due consideration to the matter, finds and determines as follows: a. The amendment to SDD 43 complies with the standards set forth in § 10- 9A-8(A); b. The amendment to SDD 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; c. The amendment to SDD 43 is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. The amendment to SDD 43 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. 2 8/18/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 16-O081821.DOCX Section 2. Decision. Based on the foregoing findings, the Town Council hereby approves the Application and the amendments to SDD 43 contained in the Application, subject to the Approved Development Plan set forth in Section 3 hereof, the standards set forth in Section 4 hereof, and the following conditions: a. Applicant shall obtain the certificate of occupancy for the Employee Housing Unit ("EHU") building before Applicant requests a certificate of occupancy for the hotel addition. b. Applicant shall obtain approval of an associated design review application. c. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued for the hotel addition. d. Applicant shall set aside two three-bedroom units and two one-bedroom units in the EHU building not to be included in the mitigation bank. e. Prior to the issuance of a certificate of occupancy, Applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III EHUs. f. Applicant shall provide public art onsite with a value of at least $32,500 and the installation of the public art shall be completed before Applicant requests a certificate of occupancy for the hotel addition. g. The Applicant shall correct plans to meet the comments from the Fire Department for Phase 1 and Phase 2 prior to the submittal of building permit applications permit for each phase. h. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application for each phase of development. i. Construction of Phase 1 shall begin within three years from the date of adoption of this Ordinance, and construction of Phase 2 shall begin prior to September 7, 2026. Section 3. Development Plan. The Approved Development Plan for SDD 43 includes the following plans and materials provided by Pierce Austin Architects and Alpine Engineering, Inc. dated June 16, 2021: A1.00 – Cover A1.01 – Site Data A1.02 – Exterior Materials – EHU A1.03 – Shade Analysis A1.04 – Roof Plan Historic Grade A1.05 – Roof Plan Finished Grade 3 8/18/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 16-O081821.DOCX A1.06 – EHU Level 1 / Level 2 A1.07 – EHU Level 3 / Level 4 A1.08 – EHU North A1.09 – EHU East/West A1.10 – EHU South A1.11 – 3D A1.12 – 3D A1.13 – 3D A1.14 – Cover A1.15 – GRFA Existing Hotel A1.16 – GRFA Proposed Hotel A1.17 – GRFA Proposed Dorm Units A1.18 – Site Data A1.19 – Site Parking Data A1.20 – Exterior Materials – Hotel A1.21 – Shade Analysis A1.22 – Roof Plan historic Grade A1.23 – Roof Plan Finished Grade A1.24 – Existing hotel Level 1 A1.25 – Level 2 A1.26 – Level 3 A1.27 – Level 4 A1.28 – Loft Level A1.29 – Hotel Addition – Level 1 A1.30 – Hotel Addition – Level 2 A1.31 – Hotel Addition – Level 3 A1.32 – Hotel Addition – Level 4 A1.33 – Double Rooms A1.34 – Single Room A1.35 – Proposed North Elevation A1.36 – Proposed East Elevation A1.37 – Proposed South Elevation A1.38 – Proposed West Elevation A1.39 – 3D A1.40 – 3D A1.41 – 3D A1.42 – 3D A1.43 – 3D C1.0 – Civil Notes C1.1 – Demolition Plan C1.2 – Site Layout C2.0 – EHU Building: Grading Plan C3.0 – Storm Sewer Plan C4.0 – Utility Plan C5.0 – Fire Turning Simulation C6.0 – Erosion Control Plan C7.0 – Civil Notes 4 8/18/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 16-O081821.DOCX C7.1 – Demolition Plan C7.2 – Site Layout C7.3 – Historical Site Grades C8.0 – Grading Plan C8.1 – Grading Plan C9.0 – Storm Sewer Plan C10.0 – Utility Plan C11.0 – Fire Turning Simulation C12.0 – Erosion Control Plan L-1 – Phase 1 Landscape Plan L-2 – Phase 2 Landscape Plan Section 4. Development Standards. SDD 43 shall be subject to the following development standards: a. Permitted Uses – The permitted uses shall be as set forth in the underlying Public Accommodation 2 zone district. b. Conditional Uses – The conditional uses shall be as set forth in § 12-7J-3 of the Vail Town Code. A conditional use permit (PEC 21-0019) was approved on July 26, 2021 to allow commercial floor area between 10% and 15% of the residential floor area allowed onsite. c. Density – The number of units shall not exceed the following: Accommodation Units – 176; Limited Service Lodging Units – 19. d. Floor Area – The gross residential floor area (GRFA), common area and commercial square footage shall be as set forth in the Approved Development Plan. Specifically: GRFA – 77,805 square feet (proposed)/80,000 square feet (allowed); Retail/Restaurant/Lounge – 8,475 square feet (proposed)/11,670 square feet (allowed); Conference Facilities – 7,666 square feet (gross). e. Setbacks – Required setbacks shall be as set forth in the Approved Development Plan: front – 20 feet; sides – 20 feet (except the side setback for the EHU dumpster enclosure shall be 12 feet); and rear – 20 feet. f. Height – The maximum building height shall be as set forth in the Approved Development Plan: 45 feet for flat roofs; and 48 feet for sloped roofs. g. Site Coverage – The maximum site coverage shall be as set forth in the Approved Development Plan: site coverage maximum, 40%; and site coverage as proposed, 36%. h. Landscaping – The minimum landscape area requirement shall be as set forth in the Approved Development Plan: landscaping minimum: 30% (including areas that do not meet the minimum size to qualify as landscaping). 5 8/18/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 16-O081821.DOCX i. Parking and Loading – The required number of off-street parking spaces and loading/delivery berths shall be as set forth in the Approved Development Plan: 175 spaces required; 208 spaces provided. The parking counts are based on the following parking rates: Accommodation Unit: 0.7 spaces per unit Limited Service Lodge Unit: 0.7 spaces per unit Hotel meeting room space: No parking required Hotel Restaurant/Bar: No parking required Hotel Oriented Service or Retail: No parking required 3rd Party Restaurant: 1 space for 120 sq. ft. of seating area Employee Housing Dorm Unit: 2.5 spaces Employee Housing Unit: 1.06 spaces per unit. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the 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. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of August, 2021 and a public hearing for second reading of this Ordinance set for the 7th day of September, 2021, 6 8/18/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 16-O081821.DOCX in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 7 8/18/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 16-O081821.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of September, 2021. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 8 8/18/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE NO. 16-O081821.DOCX Exhibit A Portions of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing NO. 1 and Lot 1, Vail Das Schone Filing 3 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 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of September 2021. Witness my hand and seal this 8th day of September 2021. Stephanie Bibbens Deputy Town Clerk 1 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.DOCX ORDINANCE NO. 16 SERIES OF 2021 AN ORDINANCE APPROVING AMENDMENTS TO SPECIAL DEVELOPMENT DISTRICT NO. 43, HIGHLINE DOUBLE TREE WHEREAS, TNREF lll Bravo Vail LLC (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the zoning of the Property is subject to Special Development District No. 43, Highline Double Tree ("SDD 43"); WHEREAS, on March 29, 2021, the Applicant filed an application to amend SDD 43 (the "Application"); WHEREAS, amendments to special development districts are governed by Vail Town Code § 12-9A-10; WHEREAS, on July 26, 2021, the Planning and Environmental Commission (the “PEC”) held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application, subject to certain conditions; and WHEREAS, on August 17, 2021, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings. The Town Council, upon reviewing the recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant and the public, and giving due consideration to the matter, finds and determines as follows: a. The amendment to SDD 43 complies with the standards set forth in § 10- 9A-8(A); b. The amendment to SDD 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; c. The amendment to SDD 43 is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. The amendment to SDD 43 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. 2 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.DOCX Section 2. Decision. Based on the foregoing findings, the Town Council hereby approves the Application and the amendments to SDD 43 contained in the Application, subject to the Approved Development Plan set forth in Section 3 hereof, the standards set forth in Section 4 hereof, and the following conditions: a. Applicant shall obtain the certificate of occupancy for the Employee Housing Unit ("EHU") building before Applicant requests a certificate of occupancy for the hotel addition. b. Applicant shall obtain approval of an associated design review application. c. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued for the hotel addition. d. Applicant shall set aside two three-bedroom units and two one-bedroom units in the EHU building not to be included in the mitigation bank. e. Prior to the issuance of a certificate of occupancy, Applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III EHUs. f. Applicant shall provide public art onsite with a value of at least $32,500 and the installation of the public art shall be completed before Applicant requests a certificate of occupancy for the hotel addition. g. The Applicant shall correct plans to meet the comments from the Fire Department for Phase 1 and Phase 2 prior to the submittal of building permit applications permit for each phase. h. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application for each phase of development. i. Construction of Phase 1 shall begin within three years from the date of adoption of this Ordinance, and construction of Phase 2 shall begin prior to September 7, 2026. Section 3. Development Plan. The Approved Development Plan for SDD 43 includes the following plans and materials provided by Pierce Austin Architects and Alpine Engineering, Inc. dated June 16, 2021: A1.00 – Cover A1.01 – Site Data A1.02 – Exterior Materials – EHU A1.03 – Shade Analysis A1.04 – Roof Plan Historic Grade A1.05 – Roof Plan Finished Grade 3 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.DOCX A1.06 – EHU Level 1 / Level 2 A1.07 – EHU Level 3 / Level 4 A1.08 – EHU North A1.09 – EHU East/West A1.10 – EHU South A1.11 – 3D A1.12 – 3D A1.13 – 3D A1.14 – Cover A1.15 – GRFA Existing Hotel A1.16 – GRFA Proposed Hotel A1.17 – GRFA Proposed Dorm Units A1.18 – Site Data A1.19 – Site Parking Data A1.20 – Exterior Materials – Hotel A1.21 – Shade Analysis A1.22 – Roof Plan historic Grade A1.23 – Roof Plan Finished Grade A1.24 – Existing hotel Level 1 A1.25 – Level 2 A1.26 – Level 3 A1.27 – Level 4 A1.28 – Loft Level A1.29 – Hotel Addition – Level 1 A1.30 – Hotel Addition – Level 2 A1.31 – Hotel Addition – Level 3 A1.32 – Hotel Addition – Level 4 A1.33 – Double Rooms A1.34 – Single Room A1.35 – Proposed North Elevation A1.36 – Proposed East Elevation A1.37 – Proposed South Elevation A1.38 – Proposed West Elevation A1.39 – 3D A1.40 – 3D A1.41 – 3D A1.42 – 3D A1.43 – 3D C1.0 – Civil Notes C1.1 – Demolition Plan C1.2 – Site Layout C2.0 – EHU Building: Grading Plan C3.0 – Storm Sewer Plan C4.0 – Utility Plan C5.0 – Fire Turning Simulation C6.0 – Erosion Control Plan 4 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.DOCX C7.0 – Civil Notes C7.1 – Demolition Plan C7.2 – Site Layout C7.3 – Historical Site Grades C8.0 – Grading Plan C8.1 – Grading Plan C9.0 – Storm Sewer Plan C10.0 – Utility Plan C11.0 – Fire Turning Simulation C12.0 – Erosion Control Plan L-1 – Phase 1 Landscape Plan L-2 – Phase 2 Landscape Plan Section 4. Development Standards. SDD 43 shall be subject to the following development standards: a. Permitted Uses – The permitted uses shall be as set forth in the underlying Public Accommodation 2 zone district. b. Conditional Uses – The conditional uses shall be as set forth in § 12-7J-3 of the Vail Town Code. A conditional use permit (PEC 21-0019) was approved on July 26, 2021 to allow commercial floor area between 10% and 15% of the residential floor area allowed onsite. c. Density – The number of units shall not exceed the following: Accommodation Units – 176; Limited Service Lodging Units – 19. d. Floor Area – The gross residential floor area (GRFA), common area and commercial square footage shall be as set forth in the Approved Development Plan. Specifically: GRFA – 77,805 square feet (proposed)/80,000 square feet (allowed); Retail/Restaurant/Lounge – 8,475 square feet (proposed)/11,670 square feet (allowed); Conference Facilities – 7,666 square feet (gross). e. Setbacks – Required setbacks shall be as set forth in the Approved Development Plan: front – 20 feet; sides – 20 feet (except the side setback for the EHU dumpster enclosure shall be 12 feet); and rear – 20 feet. f. Height – The maximum building height shall be as set forth in the Approved Development Plan: 45 feet for flat roofs; and 48 feet for sloped roofs. g. Site Coverage – The maximum site coverage shall be as set forth in the Approved Development Plan: site coverage maximum, 40%; and site coverage as proposed, 36%. h. Landscaping – The minimum landscape area requirement shall be as set forth in the Approved Development Plan: landscaping minimum: 30% (including areas that do not meet the minimum size to qualify as landscaping). 5 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.DOCX i. Parking and Loading – The required number of off-street parking spaces and loading/delivery berths shall be as set forth in the Approved Development Plan: 175 spaces required; 208 spaces provided. The parking counts are based on the following parking rates: Accommodation Unit: 0.7 spaces per unit Limited Service Lodge Unit: 0.7 spaces per unit Hotel meeting room space: No parking required Hotel Restaurant/Bar: No parking required Hotel Oriented Service or Retail: No parking required 3rd Party Restaurant: 1 space for 120 sq. ft. of seating area Employee Housing Dorm Unit: 2.5 spaces Employee Housing Unit: 1.06 spaces per unit. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the 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. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of August, 2021 and a 6 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.DOCX public hearing for second reading of this Ordinance set for the 7th day of September, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 7 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of September, 2021. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 8 8/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\HIGHLINE HOTEL\PEC21-0018 SDD AMENDMENT - PHASING\TC DOCS\ORDINANCE NO. 16-FOR SECOND READING.DOCX Exhibit A Portions of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing NO. 1 and Lot 1, Vail Das Schone Filing 3 CHAMONIX LNN FRO NTA G E RD WCHAMONIX RDI 70 WestboundI 70 EastboundLOWERTRAVERSEWAYUPPERTRAVERSEWAYGARMISCHD R I70OFF-RAMP(173W ESTBOUND)S FRONTAGE RD WI 70 ON-RAMP (173 EASTBOUND)N FRONTAGE RD WI Subject Property 0 50 10025 Feet H i g h l i n e - A D o u b l e t r e e H o t e lHighline - A D o u b l e t r e e H o t e lSpecial D e v e l o p m e n t D i s t r i c t A m e n d m e n t - P E C 2 1 -0 0 1 8Special D e v e l o p m e n t D i s t r i c t A m e n d m e n t - P E C 2 1 -0 0 1 8Conditional U s e P e r m i t - P E C 2 1 -0 0 1 9Conditional U s e P e r m i t - P E C 2 1 -0 0 1 9Minor S u b d i v i s i o n - P E C 2 1 -0 0 3 0Minor S u b d i v i s i o n - P E C 2 1 -0 0 3 02211 N o r t h F r o n t a g e R o a d W e s t2211 N o r t h F r o n t a g e R o a d W e s tLot 1 , V a i l D a s S c h o n e F i l i n g 3Lot 1 , V a i l D a s S c h o n e F i l i n g 3 This map was crea te d b y th e Town of Va il Community Deve lo pmen t Depa rtment. Use o f th is ma p sho uld b e fo r gen era l pu rp oses o nly. The Town o f Vail do es not warran t the accuracy o f the in fo rmation co ntained he rein. (whe re shown, parcel lin e w ork is ap pro ximate) Last Modified: July 14, 2021 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. 17, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 18th day of August, 2021. Witness my hand and seal this 18th day of August 2021. Stephanie Bibbens Deputy Town Clerk - 1 - 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0031\TC\VTC REZONE-O080921.DOCX ORDINANCE NO. 17 SERIES OF 2021 AN ORDINANCE REZONING VAIL VILLAGE FILING 1, BLOCK 5, LOTS 1-6 FROM HIGH DENSITY MULTIPLE-FAMILY (HDMF) TO THE VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT WHEREAS, Vail Townhouse Condominiums Property Owners Association (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on June 25, 2021, the Applicant filed an application to rezone the Property from High Density Multiple-Family (HDMF) to Vail Village Townhouse (VVT) (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for rezoning; WHEREAS, on July 26, 2021, the Planning and Environmental Commission (the “PEC”) held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application; and WHEREAS, on August 17, 2021, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council, upon reviewing the recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant and the public, and giving due consideration to the matter, finds and determines as follows: a. The rezoning 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; b. The rezoning is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and c. The rezoning 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. Section 2. Based on the foregoing findings, the Town Council hereby approves the Application and rezones the Property from High Density Multiple-Family (HDMF) District to Vail Village Townhouse (VVT). - 2 - 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0031\TC\VTC REZONE-O080921.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of August, 2021 and a public hearing for second reading of this Ordinance set for the 7th day of September, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of September, 2021. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk - 3 - 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0031\TC\VTC REZONE-O080921.DOCX EXHIBIT A Vail Village Filing 1 Block 5 Lots 1-6 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. 17, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of September 2021. Witness my hand and seal this 8th day of September 2021. Stephanie Bibbens Deputy Town Clerk - 1 - 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0031\TC\VTC REZONE-O080921.DOCX ORDINANCE NO. 17 SERIES OF 2021 AN ORDINANCE REZONING VAIL VILLAGE FILING 1, BLOCK 5, LOTS 1-6 FROM HIGH DENSITY MULTIPLE-FAMILY (HDMF) TO THE VAIL VILLAGE TOWNHOUSE (VVT) DISTRICT WHEREAS, Vail Townhouse Condominiums Property Owners Association (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on June 25, 2021, the Applicant filed an application to rezone the Property from High Density Multiple-Family (HDMF) to Vail Village Townhouse (VVT) (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for rezoning; WHEREAS, on July 26, 2021, the Planning and Environmental Commission (the “PEC”) held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application; and WHEREAS, on August 17, 2021, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council, upon reviewing the recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant and the public, and giving due consideration to the matter, finds and determines as follows: a. The rezoning 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; b. The rezoning is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and c. The rezoning 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. Section 2. Based on the foregoing findings, the Town Council hereby approves the Application and rezones the Property from High Density Multiple-Family (HDMF) District to Vail Village Townhouse (VVT). - 2 - 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0031\TC\VTC REZONE-O080921.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of August, 2021 and a public hearing for second reading of this Ordinance set for the 7th day of September, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of September, 2021. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk - 3 - 8/11/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0031\TC\VTC REZONE-O080921.DOCX EXHIBIT A Vail Village Filing 1 Block 5 Lots 1-6 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. 18, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of September 2021. Witness my hand and seal this 8th day of September 2021. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 18 SERIES 2021 AN ORDINANCE CONCERNING THE RESIDENCES AT MAIN VAIL AND IN CONNECTION THEREWTITH AUTHORIZING THE PROJECT, THE LEASING OF CERTAIN TOWN PROPERTY, AND THE EXECUTION AND DELIVERY OF A SITE LEASE, A LEASE PURCHASE AGREEMENT, AND OTHER DOCUMENTS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Recitals. A. The Town of Vail, in Eagle County, Colorado (the “Town”), is a duly organized and existing home rule municipality of the State of Colorado (the “State”), created and operating pursuant to Article XX of the State Constitution and the Town’s Home Rule Charter (the “Charter”). B. Pursuant to Article XX, Section 6 of the Colorado Constitution and Section 13.3 of the Charter, the Town is authorized to lease, for such term as Council shall determine, any real or personal property to or from any person, firm or corporation, public or private, governmental or otherwise. C. The Town owns vacant real property described as Lot 3, Middle Creek Subdivision (the “Property”). D. Because the demand for workforce housing in the Town exceeds the supply, the Council hereby determines that it is in the public interest and is a public purpose for the Town to finance the acquisition, construction, installation, equipping of the Residences at Main Vail, a deed restricted, for rent workforce housing project on the Property, including any legally permitted costs and expenditures in connection therewith, all for public purposes, and as authorized by law (the “Project”). E. The Council hereby determines that it is in the best interests of the Town and its inhabitants that the Town lease the Property pursuant to a Site Lease (the “Site Lease”) between the Town, as lessor, and U.S. Bank National Association, as lessee (the “Trustee”) and lease back the Trustee’s interest in the Property pursuant to the terms of a Lease Purchase Agreement (the “Lease”) between the Trustee, as lessor, and the Town, as lessee. F. The Trustee will execute and deliver an Indenture of Trust (the “Indenture”) pursuant to which there will be executed and delivered certain certificates of participation (the “Certificates”) dated as of their date of delivery, that shall evidence proportionate interests in the right to receive certain revenues including rental payments made by the Town under the Lease. 2 G. The Town’s obligation under the Lease to pay Base Rentals and Additional Rentals (as each is defined in the Lease) will be from year to year only; will constitute a currently budgeted expenditure of the Town; will not constitute a mandatory charge or requirement in any ensuing budget year; and will not constitute a general obligation or other indebtedness or multiple fiscal year direct or indirect Town debt or other financial obligation of the Town within the meaning of any constitutional, statutory, or Charter limitation or requirement concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a mandatory payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect. H. The Supplemental Public Securities Act, part 2 of article 57 of title 11, Colorado Revised Statutes (the “Supplemental Act”), provides that a public entity, including the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act to an issue of securities. I. No member of the Council has any conflict of interest or is interested in any pecuniary manner in the transactions contemplated by this ordinance J. There have been filed with the Town Clerk proposed forms of: (i) the Site Lease; (ii) the Lease; (iii) the Preliminary Official Statement (the “Preliminary Official Statement”)and (iv) a Continuing Disclosure Certificate (the “Continuing Disclosure Certificate”) to be delivered by the Town. K. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Lease and the Site Lease Section 2. Ratification and Approval of Prior Actions. All action heretofore taken (not inconsistent with the provisions of this ordinance) by the Council or the officers, agents, or employees of the Council or the Town relating to the Site Lease, the Lease, the implementation of the Project, and the execution and delivery of the Certificates is hereby ratified, approved and confirmed. Section 3. Finding of Best Interests. The Council hereby finds and determines, pursuant to the Constitution and laws of the State and the Charter, that the implementation of the Project pursuant to the terms set forth in the Site Lease, the Lease, and the Indenture are necessary, convenient, and in furtherance of the Town’s purposes and are in the best interests of the inhabitants of the Town and that the fair value of the Property does not exceed its Purchase Option Price (as defined in the Lease), and the Council hereby authorizes and approves the same. Section 4. Supplemental Act Election; Parameters. The Council hereby elects to apply all of the provisions of the Supplemental Act to the Lease, the Site Lease, and the Certificates, and in connection therewith delegates to the Mayor, any other member of the Council, the Town Manager, or the Finance Director the independent authority to make any determination delegable pursuant to Section 11-57-205(1)(a-i), Colorado Revised Statutes, in relation to the Lease and the Site Lease, and to execute a sale certificate (the “Sale Certificate”) setting forth such determinations, including without limitation, the term of the Site Lease, the rental amount to be 3 paid by the Trustee pursuant to the Site Lease, the term of the Lease and the rental amount to be paid by the Town pursuant to the Lease, subject to the following parameters and restrictions: (a) the Site Lease Term shall end no later than December 31, 2061; (b) the Lease Term shall end no later than December 31, 2051; (c) the maximum annual repayment cost of Base Rentals payable by the Town shall not exceed $1,450,000, and the total repayment cost shall not exceed $38,000,000; (d) the aggregate principal amount of the Base Rentals payable by the Town under the Lease with respect to the Certificates shall not exceed $25,325,000; (e) the purchase price of the Certificates shall not be less than 98% of the aggregate principal amount; and (f) the maximum net effective interest rate on the interest component of the Base Rentals relating to the Certificates shall not exceed 4.00%. Pursuant to Section 11-57-205 of the Supplemental Act, the Council hereby delegates to each of the Mayor, the Town Manager or the Finance Director the authority to acknowledge the Indenture and any contract for the purchase of the Certificates between the Trustee and the Purchaser, and to execute any agreement or agreements in connection therewith. In addition, each of the Mayor, the Town Manager or the Finance Director is hereby authorized to independently determine if obtaining an insurance policy for all or a portion of the Certificates is in the best interests of the Town, and if so, to select an insurer to issue an insurance policy, execute a commitment relating to the same and execute any related documents or agreements required by such commitment. Each of the Mayor, the Town Manager, or the Finance Director is also hereby authorized to determine if obtaining a reserve fund insurance policy for the Certificates is in the best interests of the Town, and if so, to select a surety provider to issue a reserve fund insurance policy and execute any related documents or agreements required by such commitment. Section 5. Approval of Documents. The Site Lease, the Lease, and the Continuing Disclosure Certificate are in all respects approved, authorized, and confirmed, and the Mayor of the Town is hereby authorized and directed for and on behalf of the Town to execute and deliver such documents in substantially the forms and with substantially the same contents as the proposed forms of such documents on file with the Town Clerk, with such changes as may hereafter be approved by the Mayor, the Town Attorney, or the Town Manager. Section 6. Official Statement. The Town Manager or the Finance Director are each independently authorized to prepare or cause to be prepared, and the Mayor is authorized and directed to approve, on behalf of the Town, and execute a final Official Statement for use in connection with the offering and sale of the Certificates in substantially the form of the Preliminary Official Statement, but with such amendments, additions, and deletions as are in accordance with the facts and not inconsistent herewith. The execution of a final Official Statement by the Mayor shall be conclusively deemed to evidence the approval of the form and contents thereof by the Town. The distribution of the Preliminary Official Statement and the final Official Statement to 4 all interested persons in connection with the sale of the Certificates is hereby ratified, approved and authorized. Section 7. Authorization to Execute Collateral Documents. The Mayor, the Town Manager, the Finance Director, and other appropriate officials or employees of the Town are hereby authorized to execute and deliver for and on behalf of the Town any and all certificates, documents, instruments, and other papers and to perform all other acts that they deem necessary or appropriate, in order to implement and carry out the transactions and other matters authorized by this ordinance. The Town Clerk is hereby authorized and directed to attest all signatures and acts of any official of the Town, if so required by any documents in connection with the matters authorized by this ordinance. The appropriate officers of the Town are authorized to execute on behalf of the Town agreements concerning the deposit and investment of funds in connection with the transactions contemplated by this ordinance. The execution of any instrument by the aforementioned officers or members of the Council shall be conclusive evidence of the approval by the Town of such instrument in accordance with the terms hereof and thereof. Section 8. No General Obligation Debt. No provision of this ordinance, the Lease, the Indenture, the Continuing Disclosure Certificate, the Certificates or the Official Statement shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, statutory, or Charter provision, nor a mandatory charge or requirement against the Town in any ensuing fiscal year beyond the then current fiscal year. The Town shall not have any obligation to make any payment with respect to the Certificates except in connection with the payment of the Base Rentals and certain other payments under the Lease, which payments may be terminated by the Town in accordance with the provisions of the Lease. Neither the Lease nor the Certificates shall constitute a mandatory charge or requirement of the Town in any ensuing fiscal year beyond the then current fiscal year or constitute or give rise to a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, statutory or Charter debt limitation and shall not constitute a multiple fiscal year direct or indirect Town debt or other financial obligation whatsoever. No provision of the Lease or the Certificates shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of Article XI of the State Constitution. Neither the Lease nor the Certificates shall directly or indirectly obligate the Town to make any payments beyond those budgeted and appropriated for the Town’s then current fiscal year. Section 9. Reasonableness of Rentals. The Council hereby determines and declares that the Base Rentals do not exceed a reasonable amount so as to place the Town under an economic compulsion to renew the Lease or to exercise its option to purchase the Property pursuant to the Lease. The Council hereby determines and declares that the period during which the Town has an option to purchase the Property (i.e., the entire maximum term of the Lease) does not exceed the remaining useful life of the Property. Section 10. No Recourse against Officers and Agents. Pursuant to Section 11- 57-209 of the Supplemental Act, if a member of the Council, or any officer or agent of the Town acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal, interest or prior redemption premiums on the Certificates. Such recourse 5 shall not be available either directly or indirectly through the Council or the Town, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Certificates and as a part of the consideration of their sale or purchase, any person purchasing or selling such certificate specifically waives any such recourse. Section 11. Charter Controls. Pursuant to Article XX of the State Constitution and the Charter, all State statutes that might otherwise apply in connection with the provisions of this ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the provisions of this ordinance and the Sale Certificate authorized hereby and such statutes. Any such inconsistency or conflict is intended by the Council and shall be deemed made pursuant to the authority of Article XX of the State Constitution and the Charter. Section 12. Repealer. All bylaws, orders, resolutions and ordinances of the Town, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any other such bylaw, order, resolution or ordinance of the Town, or part thereof, heretofore repealed. Section 13. Severability. If any section, subsection, paragraph, clause, or other provision of this ordinance for any reason is held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, or other provision shall not affect any of the remaining provisions of this ordinance, the intent being that the same are severable. Section 14. Effective Date, Recording and Authentication. A true copy of this ordinance shall be numbered and recorded in the official records of the Town, authenticated by the signatures of the Mayor and the Town Clerk, and published in accordance with the Charter and the Town’s municipal code. In accordance with Section 4.9 of the Charter, this ordinance shall be in full force and effect five days after final publication. INTRODUCED, READ BY TITLE, APPROVED ON FIRST READING AND ORDERED TO BE PUBLISHED IN FULL WITH NOTICE OF PUBLIC HEARING THIS 7TH DAY OF SEPTEMBER, 2021. A copy of this ordinance is available for inspection in the office of the Town Clerk. ATTEST: TOWN OF VAIL, COLORADO _______________________________ ___________________________________ Tammy Nagel, Town Clerk Dave Chapin, Mayor (SEAL) 6 INTRODUCED A SECOND TIME, READ BY TITLE, APPROVED ON SECOND READING FOLLOWING A PUBLIC HEARING, AND ORDERED TO BE PUBLISHED BY TITLE THIS 21ST DAY OF SEPTEMBER, 2021. A copy of this ordinance is available for inspection in the office of the Town Clerk. ATTEST: TOWN OF VAIL, COLORADO _______________________________ ___________________________________ Tammy Nagel, Town Clerk Dave Chapin, Mayor (SEAL) 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. 18, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 22nd day of September, 2021. Witness my hand and seal this 22nd day of September, 2021. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 18 SERIES 2021 AN ORDINANCE CONCERNING THE RESIDENCES AT MAIN VAIL AND IN CONNECTION THEREWTITH AUTHORIZING THE PROJECT, THE LEASING OF CERTAIN TOWN PROPERTY, AND THE EXECUTION AND DELIVERY OF A SITE LEASE, A LEASE PURCHASE AGREEMENT, AND OTHER DOCUMENTS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Recitals. A. The Town of Vail, in Eagle County, Colorado (the “Town”), is a duly organized and existing home rule municipality of the State of Colorado (the “State”), created and operating pursuant to Article XX of the State Constitution and the Town’s Home Rule Charter (the “Charter”). B. Pursuant to Article XX, Section 6 of the Colorado Constitution and Section 13.3 of the Charter, the Town is authorized to lease, for such term as Council shall determine, any real or personal property to or from any person, firm or corporation, public or private, governmental or otherwise. C. The Town owns vacant real property described as Lot 3, Middle Creek Subdivision (the “Property”). D. Because the demand for workforce housing in the Town exceeds the supply, the Council hereby determines that it is in the public interest and is a public purpose for the Town to finance the acquisition, construction, installation, equipping of the Residences at Main Vail, a deed restricted, for rent workforce housing project on the Property, including any legally permitted costs and expenditures in connection therewith, all for public purposes, and as authorized by law (the “Project”). E. The Council hereby determines that it is in the best interests of the Town and its inhabitants that the Town lease the Property pursuant to a Site Lease (the “Site Lease”) between the Town, as lessor, and U.S. Bank National Association, as lessee (the “Trustee”) and lease back the Trustee’s interest in the Property pursuant to the terms of a Lease Purchase Agreement (the “Lease”) between the Trustee, as lessor, and the Town, as lessee. F. The Trustee will execute and deliver an Indenture of Trust (the “Indenture”) pursuant to which there will be executed and delivered certain certificates of participation (the “Certificates”) dated as of their date of delivery, that shall evidence proportionate interests in the right to receive certain revenues including rental payments made by the Town under the Lease. 2 G. The Town’s obligation under the Lease to pay Base Rentals and Additional Rentals (as each is defined in the Lease) will be from year to year only; will constitute a currently budgeted expenditure of the Town; will not constitute a mandatory charge or requirement in any ensuing budget year; and will not constitute a general obligation or other indebtedness or multiple fiscal year direct or indirect Town debt or other financial obligation of the Town within the meaning of any constitutional, statutory, or Charter limitation or requirement concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a mandatory payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect. H. The Supplemental Public Securities Act, part 2 of article 57 of title 11, Colorado Revised Statutes (the “Supplemental Act”), provides that a public entity, including the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act to an issue of securities. I. No member of the Council has any conflict of interest or is interested in any pecuniary manner in the transactions contemplated by this ordinance J. There have been filed with the Town Clerk proposed forms of: (i) the Site Lease; (ii) the Lease; (iii) the Preliminary Official Statement (the “Preliminary Official Statement”)and (iv) a Continuing Disclosure Certificate (the “Continuing Disclosure Certificate”) to be delivered by the Town. K. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Lease and the Site Lease Section 2. Ratification and Approval of Prior Actions. All action heretofore taken (not inconsistent with the provisions of this ordinance) by the Council or the officers, agents, or employees of the Council or the Town relating to the Site Lease, the Lease, the implementation of the Project, and the execution and delivery of the Certificates is hereby ratified, approved and confirmed. Section 3. Finding of Best Interests. The Council hereby finds and determines, pursuant to the Constitution and laws of the State and the Charter, that the implementation of the Project pursuant to the terms set forth in the Site Lease, the Lease, and the Indenture are necessary, convenient, and in furtherance of the Town’s purposes and are in the best interests of the inhabitants of the Town and that the fair value of the Property does not exceed its Purchase Option Price (as defined in the Lease), and the Council hereby authorizes and approves the same. Section 4. Supplemental Act Election; Parameters. The Council hereby elects to apply all of the provisions of the Supplemental Act to the Lease, the Site Lease, and the Certificates, and in connection therewith delegates to the Mayor, any other member of the Council, the Town Manager, or the Finance Director the independent authority to make any determination delegable pursuant to Section 11-57-205(1)(a-i), Colorado Revised Statutes, in relation to the Lease and the Site Lease, and to execute a sale certificate (the “Sale Certificate”) setting forth such determinations, including without limitation, the term of the Site Lease, the rental amount to be 3 paid by the Trustee pursuant to the Site Lease, the term of the Lease and the rental amount to be paid by the Town pursuant to the Lease, subject to the following parameters and restrictions: (a) the Site Lease Term shall end no later than December 31, 2061; (b) the Lease Term shall end no later than December 31, 2051; (c) the maximum annual repayment cost of Base Rentals payable by the Town shall not exceed $1,450,000, and the total repayment cost shall not exceed $38,000,000; (d) the aggregate principal amount of the Base Rentals payable by the Town under the Lease with respect to the Certificates shall not exceed $25,325,000; (e) the purchase price of the Certificates shall not be less than 98% of the aggregate principal amount; and (f) the maximum net effective interest rate on the interest component of the Base Rentals relating to the Certificates shall not exceed 4.00%. Pursuant to Section 11-57-205 of the Supplemental Act, the Council hereby delegates to each of the Mayor, the Town Manager or the Finance Director the authority to acknowledge the Indenture and any contract for the purchase of the Certificates between the Trustee and the Purchaser, and to execute any agreement or agreements in connection therewith. In addition, each of the Mayor, the Town Manager or the Finance Director is hereby authorized to independently determine if obtaining an insurance policy for all or a portion of the Certificates is in the best interests of the Town, and if so, to select an insurer to issue an insurance policy, execute a commitment relating to the same and execute any related documents or agreements required by such commitment. Each of the Mayor, the Town Manager, or the Finance Director is also hereby authorized to determine if obtaining a reserve fund insurance policy for the Certificates is in the best interests of the Town, and if so, to select a surety provider to issue a reserve fund insurance policy and execute any related documents or agreements required by such commitment. Section 5. Approval of Documents. The Site Lease, the Lease, and the Continuing Disclosure Certificate are in all respects approved, authorized, and confirmed, and the Mayor of the Town is hereby authorized and directed for and on behalf of the Town to execute and deliver such documents in substantially the forms and with substantially the same contents as the proposed forms of such documents on file with the Town Clerk, with such changes as may hereafter be approved by the Mayor, the Town Attorney, or the Town Manager. Section 6. Official Statement. The Town Manager or the Finance Director are each independently authorized to prepare or cause to be prepared, and the Mayor is authorized and directed to approve, on behalf of the Town, and execute a final Official Statement for use in connection with the offering and sale of the Certificates in substantially the form of the Preliminary Official Statement, but with such amendments, additions, and deletions as are in accordance with the facts and not inconsistent herewith. The execution of a final Official Statement by the Mayor shall be conclusively deemed to evidence the approval of the form and contents thereof by the Town. The distribution of the Preliminary Official Statement and the final Official Statement to 4 all interested persons in connection with the sale of the Certificates is hereby ratified, approved and authorized. Section 7. Authorization to Execute Collateral Documents. The Mayor, the Town Manager, the Finance Director, and other appropriate officials or employees of the Town are hereby authorized to execute and deliver for and on behalf of the Town any and all certificates, documents, instruments, and other papers and to perform all other acts that they deem necessary or appropriate, in order to implement and carry out the transactions and other matters authorized by this ordinance. The Town Clerk is hereby authorized and directed to attest all signatures and acts of any official of the Town, if so required by any documents in connection with the matters authorized by this ordinance. The appropriate officers of the Town are authorized to execute on behalf of the Town agreements concerning the deposit and investment of funds in connection with the transactions contemplated by this ordinance. The execution of any instrument by the aforementioned officers or members of the Council shall be conclusive evidence of the approval by the Town of such instrument in accordance with the terms hereof and thereof. Section 8. No General Obligation Debt. No provision of this ordinance, the Lease, the Indenture, the Continuing Disclosure Certificate, the Certificates or the Official Statement shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, statutory, or Charter provision, nor a mandatory charge or requirement against the Town in any ensuing fiscal year beyond the then current fiscal year. The Town shall not have any obligation to make any payment with respect to the Certificates except in connection with the payment of the Base Rentals and certain other payments under the Lease, which payments may be terminated by the Town in accordance with the provisions of the Lease. Neither the Lease nor the Certificates shall constitute a mandatory charge or requirement of the Town in any ensuing fiscal year beyond the then current fiscal year or constitute or give rise to a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, statutory or Charter debt limitation and shall not constitute a multiple fiscal year direct or indirect Town debt or other financial obligation whatsoever. No provision of the Lease or the Certificates shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of Article XI of the State Constitution. Neither the Lease nor the Certificates shall directly or indirectly obligate the Town to make any payments beyond those budgeted and appropriated for the Town’s then current fiscal year. Section 9. Reasonableness of Rentals. The Council hereby determines and declares that the Base Rentals do not exceed a reasonable amount so as to place the Town under an economic compulsion to renew the Lease or to exercise its option to purchase the Property pursuant to the Lease. The Council hereby determines and declares that the period during which the Town has an option to purchase the Property (i.e., the entire maximum term of the Lease) does not exceed the remaining useful life of the Property. Section 10. No Recourse against Officers and Agents. Pursuant to Section 11- 57-209 of the Supplemental Act, if a member of the Council, or any officer or agent of the Town acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal, interest or prior redemption premiums on the Certificates. Such recourse 5 shall not be available either directly or indirectly through the Council or the Town, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Certificates and as a part of the consideration of their sale or purchase, any person purchasing or selling such certificate specifically waives any such recourse. Section 11. Charter Controls. Pursuant to Article XX of the State Constitution and the Charter, all State statutes that might otherwise apply in connection with the provisions of this ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the provisions of this ordinance and the Sale Certificate authorized hereby and such statutes. Any such inconsistency or conflict is intended by the Council and shall be deemed made pursuant to the authority of Article XX of the State Constitution and the Charter. Section 12. Repealer. All bylaws, orders, resolutions and ordinances of the Town, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any other such bylaw, order, resolution or ordinance of the Town, or part thereof, heretofore repealed. Section 13. Severability. If any section, subsection, paragraph, clause, or other provision of this ordinance for any reason is held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, or other provision shall not affect any of the remaining provisions of this ordinance, the intent being that the same are severable. Section 14. Effective Date, Recording and Authentication. A true copy of this ordinance shall be numbered and recorded in the official records of the Town, authenticated by the signatures of the Mayor and the Town Clerk, and published in accordance with the Charter and the Town’s municipal code. In accordance with Section 4.9 of the Charter, this ordinance shall be in full force and effect five days after final publication. INTRODUCED, READ BY TITLE, APPROVED ON FIRST READING AND ORDERED TO BE PUBLISHED IN FULL WITH NOTICE OF PUBLIC HEARING THIS 7TH DAY OF SEPTEMBER, 2021. A copy of this ordinance is available for inspection in the office of the Town Clerk. ATTEST: TOWN OF VAIL, COLORADO _______________________________ ___________________________________ Tammy Nagel, Town Clerk Dave Chapin, Mayor (SEAL) 6 INTRODUCED A SECOND TIME, READ BY TITLE, APPROVED ON SECOND READING FOLLOWING A PUBLIC HEARING, AND ORDERED TO BE PUBLISHED BY TITLE THIS 21ST DAY OF SEPTEMBER, 2021. A copy of this ordinance is available for inspection in the office of the Town Clerk. ATTEST: TOWN OF VAIL, COLORADO _______________________________ ___________________________________ Tammy Nagel, Town Clerk Dave Chapin, Mayor (SEAL) 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. 19, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of September 2021. Witness my hand and seal this 8th day of September 2021. Stephanie Bibbens Deputy Town Clerk 9/8/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\DISMOUNT ZONES-O090821.DOCX ORDINANCE NO. 19 SERIES 2021 AN ORDINANCE AMENDING TITLE 7 OF THE VAIL TOWN CODE TO PERMIT THE TOWN TO DESIGNATE DISMOUNT ZONES WHEREAS, to prevent collisions with pedestrians, the Town has determined that Title 7 of the Vail Town Code should be amended to permit the Town to create dismount zones for bicycles and other vehicles in certain areas of the Town. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-4-1 of the Vail Town Code is hereby amended by the addition of the following definitions: LIGHTWEIGHT ELECTRIC VEHICLE: Any device capable of moving itself, or of being moved, from place to place upon a wheel or wheels that is powered by a battery and weighing less than fifty (50) pounds, including without limitation an electric scooter, an electric skateboard, an electric unicycle, and a self-balancing single-wheel electric personal transport board. NON-MOTORIZED VEHICLE: Any wheeled vehicle used for transporting a person, other than a bicycle or electric assisted bicycle, which is not propelled by a motor or engine, including without limitation roller skates, skateboards, and roller skis. Section 2. Chapter 2B of Title 7 of the Vail Town Code is hereby amended by the addition of a new Section 7-2B-6, to read as follows: 7-2B-6: DISMOUNT ZONES: A. It is unlawful for any person to drive, ride or operate a bicycle, electric assisted bicycle, lightweight electric vehicle, or non-motorized vehicle in any area posted as a dismount zone by a traffic control sign, except for licensed or authorized pedicabs, as defined in Section 7-5-7 of this Code. B. Violations of this Section shall be subject to the following penalties: First offense: $50.00 Second offense: $75.00 Subsequent offenses: Penalties set forth in Section 1-4-1 of this Code. Section 3. If any part, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or 2 9/8/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\DISMOUNT ZONES-O090821.DOCX 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 repeal shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of September, 2021 and a public hearing for second reading of this Ordinance is set for the 21st day of September, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of September, 2021. _____________________________ 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. 19, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 22nd day of September, 2021. Witness my hand and seal this 22nd day of September, 2021. Stephanie Bibbens Deputy Town Clerk 9/22/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\DISMOUNT ZONES-O090821.DOCX ORDINANCE NO. 19 SERIES 2021 AN ORDINANCE AMENDING TITLE 7 OF THE VAIL TOWN CODE TO PERMIT THE TOWN TO DESIGNATE DISMOUNT ZONES WHEREAS, to prevent collisions with pedestrians, the Town has determined that Title 7 of the Vail Town Code should be amended to permit the Town to create dismount zones for bicycles and other vehicles in certain areas of the Town. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-4-1 of the Vail Town Code is hereby amended by the addition of the following definitions: LIGHTWEIGHT ELECTRIC VEHICLE: Any device capable of moving itself, or of being moved, from place to place upon a wheel or wheels that is powered by a battery and weighing less than fifty (50) pounds, including without limitation an electric scooter, an electric skateboard, an electric unicycle, and a self-balancing single-wheel electric personal transport board. NON-MOTORIZED VEHICLE: Any wheeled vehicle used for transporting a person, other than a bicycle or electric assisted bicycle, which is not propelled by a motor or engine, including without limitation roller skates, skateboards, and roller skis. Section 2. Chapter 2B of Title 7 of the Vail Town Code is hereby amended by the addition of a new Section 7-2B-6, to read as follows: 7-2B-6: DISMOUNT ZONES: A. It is unlawful for any person to drive, ride or operate a bicycle, electric assisted bicycle, lightweight electric vehicle, or non-motorized vehicle in any area posted as a dismount zone by a traffic control sign, except for licensed or authorized pedicabs, as defined in Section 7-5-7 of this Code. B. Violations of this Section shall be subject to the following penalties: First offense: $50.00 Second offense: $75.00 Subsequent offenses: Penalties set forth in Section 1-4-1 of this Code. Section 3. If any part, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or 2 9/22/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\DISMOUNT ZONES-O090821.DOCX 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 repeal shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of September, 2021 and a public hearing for second reading of this Ordinance is set for the 21st day of September, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of September, 2021. _____________________________ 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. 20, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 6th day of October 2021. Witness my hand and seal this 6th day of October 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 20, Series of 2021 ORDINANCE NO. 20 SERIES 2021 AN ORDINANCE AMENDING TITLE 7 CHAPTER 8 OF THE VAIL TOWN CODE REGARDING LOW-SPEED ELECTRIC VEHICLES IN VAIL VILLAGE WHEREAS, the Town desires to increase the safety of pedestrian traffic, improve the guest experience, and provide for the efficient delivery of goods in Vail Village. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-8-4(B) of the Vail Town Code is hereby amended as follows: 7-8-4: DESIGNATED AREAS: * * * B. LSEVs: A LSEV may be operated upon any public street in the Town where the posted speed limit is thirty five (35) miles per hour or less except as provided in Section 7-8-6 and Ordinance No. 14, Series 1978 (the "Pedestrian Mall Ordinance"). * * * Section 2. Section 7-8-6(B) of the Vail Town Code is hereby amended as follows: 7-8-6: PROHIBITIONS: * * * B. The following acts are prohibited in the operation of LSEVs: 1. Traveling on any dedicated recreation path or sidewalk not specifically permitted by this Chapter. 2. Traveling on any roadway not specifically permitted by this Chapter. 3. Operating a LSEV on a State highway in the Town, except that a LSEV may be operated to directly cross a State highway that has a speed limit greater than thirty-five (35) miles per hour at an at-grade crossing to continue traveling along a roadway with a speed limit equal to or less than thirty-five (35) miles per hour. 4. Operating a LSEV for the purpose of transporting or delivering goods in the areas designated as pedestrian malls under the Pedestrian Mall Ordinance No. 20, Series of 2021 Ordinance, except pursuant to a written agreement with the Town expressly authorizing the operator to provide such services. * * * Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The 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 21st day of September, 2021 and a public hearing for second reading of this Ordinance set for the 5th day of October, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk Ordinance No. 20, Series of 2021 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of October, 2021. _____________________________ 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. 20, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 20th day of October 2021. Witness my hand and seal this 20th day of October 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 20, Series of 2021 ORDINANCE NO. 20 SERIES 2021 AN ORDINANCE AMENDING TITLE 7 CHAPTER 8 OF THE VAIL TOWN CODE REGARDING LOW-SPEED ELECTRIC VEHICLES IN VAIL VILLAGE WHEREAS, the Town desires to increase the safety of pedestrian traffic, improve the guest experience, and provide for the efficient delivery of goods in Vail Village. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-8-4(B) of the Vail Town Code is hereby amended as follows: 7-8-4: DESIGNATED AREAS: ** * B.LSEVs: A LSEV may be operated upon any public street in the Town where the posted speed limit is thirty five (35) miles per hour or less except as provided in Section 7-8-6 and Ordinance No. 14, Series 1978 (the "Pedestrian Mall Ordinance"). ** * Section 2. Section 7-8-6(B) of the Vail Town Code is hereby amended as follows: 7-8-6: PROHIBITIONS: ** * B.The following acts are prohibited in the operation of LSEVs: 1.Traveling on any dedicated recreation path or sidewalk not specifically permitted by this Chapter. 2.Traveling on any roadway not specifically permitted by this Chapter. 3.Operating a LSEV on a State highway in the Town, except that a LSEV may be operated to directly cross a State highway that has a speed limit greater than thirty-five (35) miles per hour at an at-grade crossing to continue traveling along a roadway with a speed limit equal to or less than thirty-five (35) miles per hour. 4.Operating a LSEV for the purpose of transporting or delivering goods in the areas designated as pedestrian malls under the Pedestrian Mall Ordinance No. 20, Series of 2021 Ordinance, except pursuant to a written agreement with the Town expressly authorizing the operator to provide such services. ** * Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The 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 5th day of October, 2021 and a public hearing for second reading of this Ordinance set for the 19th day of October, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk Ordinance No. 20, Series of 2021 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of October, 2021. _____________________________ 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. 21, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 6th day of October 2021. Witness my hand and seal this 6th day of October 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 21, Series of 2021 ORDINANCE NO. 21 SERIES OF 2021 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, 2022 THROUGH DECEMBER 31, 2022 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 2022 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, 2022, and ending on the 31st day of December, 2022: FUND AMOUNT General Fund $49,415,690 Capital Projects Fund 13,695,817 Real Estate Transfer Tax Fund 15,980,749 Housing Fund 2,500,000 Vail Marketing Fund 2,839,225 Heavy Equipment Fund 4,130,132 Dispatch Services Fund 2,951,576 Health Insurance Fund 6,504,545 Residences at Main Vail Fund 1,229,150 Timber Ridge Enterprise Fund 956,609 Total 100,203,493 Less Interfund Transfers (15,244,270) Net Expenditure Budget 84,959,223 Ordinance No. 21, Series of 2021 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2021 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 5th day of October, 2021. A public hearing shall be held hereon on the 19th day of October, 2021, 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: __________________________ Scott Robson, Town Manager 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 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 20th day of October 2021. Witness my hand and seal this 20th day of October 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 21, Series of 2021 ORDINANCE NO. 21 SERIES OF 2021 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, 2022 THROUGH DECEMBER 31, 2022 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 2022 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, 2022, and ending on the 31st day of December, 2022: FUND AMOUNT General Fund $49,437,690 Capital Projects Fund 13,695,817 Real Estate Transfer Tax Fund 12,180,749 Housing Fund 2,500,000 Vail Marketing Fund 2,839,225 Heavy Equipment Fund 4,130,132 Dispatch Services Fund 2,951,576 Health Insurance Fund 6,504,545 Residences at Main Vail Fund 1,220,578 Timber Ridge Enterprise Fund 956,609 Total 96,416,921 Less Interfund Transfers (15,244,270) Net Expenditure Budget 81,172,651 Ordinance No. 21, Series of 2021 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2022 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 5th day of October, 2021. A public hearing shall be held hereon on the 19th day of October, 2021, 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. 21, Series of 2021 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 19th day of October. _____________________________ 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. 22, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 3rd day of November 2021. Witness my hand and seal this 3rd day of November 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 22, Series of 2021 ORDINANCE NO. 22 SERIES OF 2021 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, MARKETING FUND, DISPATCH SERVICES FUND, TIMBER RIDGE HOUSING FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2021 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 2020 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 2020, adopting the 2021 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 2021 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 1,426,983 Capital Projects Fund 78,000 Real Estate Transfer Tax Fund 226,481 Housing Fund 1,344,112 Marketing Fund 600,000 Dispatch Services Fund 112,022 Residences at Main Vail Funds (22,427,889) Timber Ridge Fund 25,000 Less Interfund Transfers (622,634) Total $ (19,237,925) 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 No. 22, Series of 2021 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 2nd day of November 2021, and a public hearing shall be held on this Ordinance on the 16th day of November, 2021, 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 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. 22, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 17th day of November 2021. Witness my hand and seal this 17th day of November 2021. Stephanie Bibbens Deputy Town Clerk Ordinance No. 22, Series of 2021 ORDINANCE NO. 22 SERIES OF 2021 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, MARKETING FUND, DISPATCH SERVICES FUND, TIMBER RIDGE HOUSING FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2021 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 2020 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 17, Series of 2020, adopting the 2021 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 2021 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 1,707,276 Capital Projects Fund 78,000 Real Estate Transfer Tax Fund 476,481 Housing Fund 1,344,112 Marketing Fund 600,000 Dispatch Services Fund 226,333 Residences at Main Vail Funds (20,976,889) Timber Ridge Fund 25,000 Less Interfund Transfers (952,927) Total $ (17,472,614) 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 No. 22, Series of 2021 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 2nd day of November 2021, and a public hearing shall be held on this Ordinance on the 16th day of November, 2021, 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 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 16th day of November. _____________________________ 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. 23, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 17th day of November 2021. Witness my hand and seal this 17th day of November 2021. Stephanie Bibbens Deputy Town Clerk Ordinance 23, Series of 2021 ORDINANCE NO. 23 SERIES OF 2021 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2021 TAX YEAR AND PAYABLE IN THE 2022 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 2021 year and payable in the 2022 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 2022 fiscal year, the Town Council hereby levies a property tax of 4.736 mills upon each dollar of the total assessed valuation of $1,209,059,810 for the 2021 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,726,108 calculated as follows: Base mill levy 4.690 $5,670,491 Abatement levy .046 _ 55,617 Total mill levy 4.736 $5,726,108 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 23, Series of 2021 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 16th day of November, 2021. A public hearing shall be held hereon at 6 P.M. on the 7th day of December, 2021, 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: ________________________________ Scott Robson, Town Manager 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. 23, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of December 2021. Witness my hand and seal this 8th day of December 2021. Stephanie Bibbens Deputy Town Clerk Ordinance 23, Series of 2021 ORDINANCE NO. 23 SERIES OF 2021 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2021 TAX YEAR AND PAYABLE IN THE 2022 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 2021 year and payable in the 2022 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 2022 fiscal year, the Town Council hereby levies a property tax of 4.736 mills upon each dollar of the total assessed valuation of $1,212,443,460 for the 2021 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,742,132 calculated as follows: Base mill levy 4.690 $5,686,360 Abatement levy .046 _ 55,772 Total mill levy 4.736 $5,742,132 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 23, Series of 2021 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 16th day of November, 2021. A public hearing shall be held hereon at 6 P.M. on the 7th day of December, 2021, 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: ________________________________ Scott Robson, Town Manager READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 7th day of December 2021. _____________________________ 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. 24, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of December 2021. Witness my hand and seal this 8th day of December 2021. Stephanie Bibbens Deputy Town Clerk 1 12/2/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\2021\EHU VERIFICATION PENALTY-O111821_12072021.DOCX ORDINANCE NO. 24 SERIES 2021 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 1 OF THE VAIL TOWN CODE TO PROVIDE FOR AN ADMINISTRATIVE PENALTY FOR THE LATE FILING OF EMPLOYEE HOUSING UNIT ANNUAL VERIFICATION AFFIDAVITS WHEREAS, pursuant to C.R.S. § 31-16-101 and its home rule charter, the Town is empowered to impose penalties for violations of ordinances within its jurisdiction; WHEREAS, pursuant to Vail Town Code § 12-13-3.A.4, no later than February 1 of each year, the owner of each employee housing unit in the Town must file an affidavit to verify that the employee housing unit is being occupied in accordance with the Vail Town Code and the deed restriction affecting the employee housing unit; WHEREAS, the various deed restrictions affecting employee housing units in the Town contain the same annual verification requirement; WHEREAS, the Town Council finds and determines that the imposition of an administrative penalty is necessary to ensure continued compliance with the annual verification requirement for employee housing units; and WHEREAS, ensuring continued compliance with the annual verification requirement for employee housing units in the Town 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. Chapter 4 of Title 1 of the Vail Town Code is hereby amended by the addition of a new Section 1-4-5, to read as follows: 1-4-5: ADMINISTRATIVE PENALTY FOR LATE FILING OF EMPLOYEE HOUSING UNIT VERIFICATION AFFIDAVITS: A.Any person who is required by § 12-13-3.A.4 of this Code or any deed restriction applicable to any real property in the Town to file an annual verification affidavit, and who fails to file such affidavit, along with all required supporting documentation, by February 1 of any given year, shall be liable for an administrative penalty of $250. B.Written notice of the administrative penalty shall be provided by first- class United States mail to such person at such person's last known address. The administrative penalty shall be due and payable within fourteen (14) days of the date of the notice. 2 12/2/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\2021\EHU VERIFICATION PENALTY-O111821_12072021.DOCX C.It is unlawful for any person to fail to timely pay the administrative penalty imposed by this Section. Violations of this Section shall be subject to the General Penalty set forth in Section 1-4-1 of this Code. Section 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not 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 7th day of December, 2021 and a public hearing for second reading of this Ordinance is set for the 21st day of December, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of December, 2021. ____________________________ Kim Langmaid, 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. 24, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 24th day of December 2021. Witness my hand and seal this 24th day of December 2021. Stephanie Bibbens Deputy Town Clerk 1 12/16/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\ORDINANCES\ORDINANCE NO. 24, SERIES OF 2021 EHU VERIFICATION PENALTY-O111821_12072021.DOCX ORDINANCE NO. 24 SERIES 2021 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 1 OF THE VAIL TOWN CODE TO PROVIDE FOR AN ADMINISTRATIVE PENALTY FOR THE LATE FILING OF EMPLOYEE HOUSING UNIT ANNUAL VERIFICATION AFFIDAVITS WHEREAS, pursuant to C.R.S. § 31-16-101 and its home rule charter, the Town is empowered to impose penalties for violations of ordinances within its jurisdiction; WHEREAS, pursuant to Vail Town Code § 12-13-3.A.4, no later than February 1 of each year, the owner of each employee housing unit in the Town must file an affidavit to verify that the employee housing unit is being occupied in accordance with the Vail Town Code and the deed restriction affecting the employee housing unit; WHEREAS, the various deed restrictions affecting employee housing units in the Town contain the same annual verification requirement; WHEREAS, the Town Council finds and determines that the imposition of an administrative penalty is necessary to ensure continued compliance with the annual verification requirement for employee housing units; and WHEREAS, ensuring continued compliance with the annual verification requirement for employee housing units in the Town 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. Chapter 4 of Title 1 of the Vail Town Code is hereby amended by the addition of a new Section 1-4-5, to read as follows: 1-4-5: ADMINISTRATIVE PENALTY FOR LATE FILING OF EMPLOYEE HOUSING UNIT VERIFICATION AFFIDAVITS: A. Any person who is required by § 12-13-3.A.4 of this Code or any deed restriction applicable to any real property in the Town to file an annual verification affidavit, and who fails to file such affidavit, along with all required supporting documentation, by February 1 of any given year, shall be liable for an administrative penalty of $250. B. Written notice of the administrative penalty shall be provided by first- class United States mail to such person at such person's last known address. The administrative penalty shall be due and payable within fourteen (14) days of the date of the notice. 2 12/16/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\ORDINANCES\ORDINANCE NO. 24, SERIES OF 2021 EHU VERIFICATION PENALTY-O111821_12072021.DOCX C. It is unlawful for any person to fail to timely pay the administrative penalty imposed by this Section. Violations of this Section shall be subject to the General Penalty set forth in Section 1-4-1 of this Code. Section 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not 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 7th day of December, 2021 and a public hearing for second reading of this Ordinance is set for the 21st day of December, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ___________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of December, 2021. ____________________________ Kim Langmaid, 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. 25, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of December 2021. Witness my hand and seal this 8th day of December 2021. Stephanie Bibbens Deputy Town Clerk - 1 - 12/8/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 25 (DRAFT 2) W MIRE EDITS.DOCX ORDINANCE NO. 25 SERIES OF 2021 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO AMEND SECTION 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS, VAIL TOWN CODE, TO ALL FOR UNDERGROUND CAR LIFTS TO BE ADDED AND EXEMPTED FROM GRFA CALCULATIONS WHEREAS, on September 10, 2021, the Applicant filed an application for a prescribed regulation amendment (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for a prescribed regulation amendment; WHEREAS, on November 8, 2021, the Planning and Environmental Commission (the “PEC”) held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application; WHEREAS, the 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 are compatible with the development objectives of the Town; and WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 12-15-13(A)(1)(a), Vail Town Code, Definition, Calculation, and Exclusions, is hereby amended to read as follows: (9) Underground vaults with a mechanical lift system for the purpose of enclosed parking, if all the following criteria are met: A. The vault is only used for the storage of vehicles. B. The vault floor to the finished floor elevation of the garage does not exceed sixteen feet (16’) in height. C. The entire perimeter and volume of the vault shall be below finished grade and be within the footprint of the garage. D. The vault is only accessible from within the garage. E. Any openings to the vault shall be no larger than the minimum required by Building Code. - 2 - 12/8/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 25 (DRAFT 2) W MIRE EDITS.DOCX F. The floor area of the vault shall not exceed three hundred (300) square feet per vehicle space and not exceeding a maximum of two (2) vehicle spaces for each allowable dwelling unit permitted by this title. Underground vaults with a mechanical lift system for the purpose of enclosed parking that meet the criteria above shall not be considered as part of the lowest level for the purpose of the deduction for basements in subsection (6) above. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a public hearing for second reading of this Ordinance set for the 21st day of December, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of December, 2021. _____________________________ Kim Langmaid, Mayor ATTEST: - 3 - 12/8/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\ORDINANCE 25 (DRAFT 2) W MIRE EDITS.DOCX ____________________________ 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. 25, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 24th day of December 2021. Witness my hand and seal this 24th day of December 2021. Stephanie Bibbens Deputy Town Clerk - 1 - 12/15/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0046\TC DOCS\ORDINANCE 25 (SECOND READING).DOCX ORDINANCE NO. 25 SERIES OF 2021 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO AMEND SECTION 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS, VAIL TOWN CODE, TO ALL FOR UNDERGROUND CAR LIFTS TO BE ADDED AND EXEMPTED FROM GRFA CALCULATIONS WHEREAS, on September 10, 2021, the Applicant filed an application for a prescribed regulation amendment (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for a prescribed regulation amendment; WHEREAS, on November 8, 2021, the Planning and Environmental Commission (the “PEC”) held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application; WHEREAS, the 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 are compatible with the development objectives of the Town; and WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 12-15-13(A)(1)(a), Vail Town Code, Definition, Calculation, and Exclusions, is hereby amended to read as follows: (9) Underground vaults with a mechanical lift system for the purpose of enclosed parking, if all the following criteria are met: A. The vault is only used for the storage of vehicles. B. The vault floor to the finished floor elevation of the garage does not exceed sixteen feet (16’) in height. C. The entire perimeter and volume of the vault shall be below finished grade and be within the footprint of the garage. D. The vault is only accessible from within the garage. E. Any openings to the vault shall be no larger than the minimum required by Building Code. - 2 - 12/15/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0046\TC DOCS\ORDINANCE 25 (SECOND READING).DOCX F. The floor area of the vault shall not exceed three hundred (300) square feet per vehicle space and not exceeding a maximum of two (2) vehicle spaces for each allowable dwelling unit permitted by this title. Underground vaults with a mechanical lift system for the purpose of enclosed parking that meet the criteria above shall not be considered as part of the lowest level for the purpose of the deduction for basements in subsection (6) above. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theret ofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a public hearing for second reading of this Ordinance set for the 21st day of December, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of December, 2021. _____________________________ Kim Langmaid, Mayor ATTEST: - 3 - 12/15/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0046\TC DOCS\ORDINANCE 25 (SECOND READING).DOCX ____________________________ 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. 26, Series of 2021, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the 8th day of December 2021. Witness my hand and seal this 8th day of December 2021. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 26 SERIES 2021 AN ORDINANCE AMENDING TITLE 4, CHAPTER 3 OF THE VAIL TOWN CODE TO CODIFY THE IMPOSITION OF A VOTER-APPROVED INCREASE IN THE TOWN’S EXISTING SALES TAX, EFFECTIVE JANUARY 1, 2022 WHEREAS, at the November 2021 regular Town election, a majority of the registered electors of the Town voted in favor of Ballot Issue No. 2A, a ballot issue to raise the Town’s existing sales tax from 4.0% to 4.5% starting on January 1, 2022, and remaining in effect until December 31, 2052, to fund housing initiatives, housing developments, and housing programs; and WHEREAS, the Town Council desires to update the Vail Town Code to reflect the imposition of the additional 0.5% sales tax that was approved at the November 2, 2021 election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-3-1-2 of the Vail Town Code is hereby amended by the insertion of the following definition: 4-3-1-2: DEFINITIONS: FOOD FOR HOME CONSUMPTION: means food for domestic home consumption as defined in 7 U.S.C. § 2012(k), except that “food” does not include carbonated water marketed in containers; chewing gum; seeds and plants to grow foods; prepared salads and salad bars; packaged and unpackaged cold sandwiches; deli trays; and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated coin-collecting food and snack devices on behalf of a vendor. Section 2. Section 4-3-1-5 of the Vail Town Code is hereby amended as follows: 4-3-1-5: EXCESS TAX; REMITTANCE: If any vendor, during any reporting period, collects as a tax an amount in excess of four percent (4%) four and one half percent (4.5%) of such vendor's total taxable sales, then such vendor shall remit to the Finance Director the full net amount of the tax imposed in this chapter and also such excess amount. The retention by the retailer or vendor of any excess amount of tax collections over the four percent (4%) four and one half percent (4.5%) of the total taxable sales of such retailer or vendor or the intentional failure to remit punctually to the Finance Director the full amount required to be remitted by the provisions of this Chapter is declared to be a Ordinance No. 26, Series 2021 2 violation of this Chapter and shall be recovered, together with interest, penalties and costs as provided in this Chapter. Section 3. Section 4-3-3-1(e) of the Vail Town Code is hereby amended as follows: 4-3-3-1: PROPERTY AND SERVICES TAXED: * * * E. Food and Drink: 1. Upon all sales of food.; except that the sale of food for home consumption as defined herein shall be taxed at the rate of four percent (4%) of the amount of the sale. * * * Section 4. Section 4-3-3-2(a) of the Vail Town Code is hereby amended as follows: 4-3-3-2: COLLECTION OF SALES TAX: A. When Due and Payable: Every retailer, also in this Chapter called "vendor", engaged in business in the Town shall, irrespective of the provisions of Section 4-3-3-3 of this Section 4-3-3, be liable and responsible for the payment of an amount equal to four percent (4%) four and one half percent (4.5%) of all sales made by such retailer of commodities or services as specified in Section 4-3-3-1 of this Section 4-3-3 and shall before the twentieth (20th) day of each month make a return to the Finance Director for the preceding calendar month and remit an amount equal to said four percent (4%) four and one half percent (4.5%) on such sales to said Finance Director. For the purposes of this subsection, all such returns and remittance shall be considered made to the Finance Director on or before the twentieth day of each month if they are sent via the United States mail and are postmarked on or before the twentieth day of each month. If the twentieth day of any month falls on a weekend or holiday, said return and remittance may be postmarked the following business day. Such returns of the taxpayer or duly authorized agent shall be furnished by the Finance Department. The Town shall use the standard Municipal Sales Tax reporting form and any subsequent revisions thereto adopted by the Executive Director of the Department of Revenue by the first month commencing one hundred twenty (120) days after the effective date of the regulation adopting or revising such standard form. * * * Ordinance No. 26, Series 2021 3 Section 5. Section 4-3-3-3(b) of the Vail Town Code is hereby amended as follows: 4-3-3-3: SALES TAX BASE; SCHEDULE OF SALES TAX: * * * B. Percentage of Tax: There is imposed upon all sales of commodities and services specified in Section 4-3-3-1 of this Section 4-3-3, a tax at the rate of four percent (4%) four and one half percent (4.5%) of the amount of the sale, to be computed in accordance with the schedules or system set forth in the rules and regulations prescribed therefor. Said schedules or systems shall be designed so that no such tax is charged on any sale of twenty four cents ($0.24) or less. * * * 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 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 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a public hearing for second reading of this Ordinance is set for the 21st day of December, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Ordinance No. 26, Series 2021 4 Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of December, 2021. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk Ordinance No. 26, Series 2021 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. 26, Series of 2021, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on the 24th day of December 2021. Witness my hand and seal this 24th day of December 2021. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 26 SERIES 2021 AN ORDINANCE AMENDING TITLE 4, CHAPTER 3 OF THE VAIL TOWN CODE TO CODIFY THE IMPOSITION OF A VOTER-APPROVED INCREASE IN THE TOWN’S EXISTING SALES TAX, EFFECTIVE JANUARY 1, 2022 WHEREAS, at the November 2021 regular Town election, a majority of the registered electors of the Town voted in favor of Ballot Issue No. 2A, a ballot issue to raise the Town’s existing sales tax from 4.0% to 4.5% starting on January 1, 2022, and remaining in effect until December 31, 2052, to fund housing initiatives, housing developments, and housing programs; and WHEREAS, the Town Council desires to update the Vail Town Code to reflect the imposition of the additional 0.5% sales tax that was approved at the November 2, 2021 election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-3-1-2 of the Vail Town Code is hereby amended by the insertion of the following definition: 4-3-1-2: DEFINITIONS: FOOD FOR HOME CONSUMPTION: means food for domestic home consumption as defined in 7 U.S.C. § 2012(k), except that “food” does not include carbonated water marketed in containers; chewing gum; seeds and plants to grow foods; prepared salads and salad bars; packaged and unpackaged cold sandwiches; deli trays; and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated coin-collecting food and snack devices on behalf of a vendor. Section 2. Section 4-3-1-5 of the Vail Town Code is hereby amended as follows: 4-3-1-5: EXCESS TAX; REMITTANCE: If any vendor, during any reporting period, collects as a tax an amount in excess of four percent (4%) four and one half percent (4.5%) of such vendor's total taxable sales, then such vendor shall remit to the Finance Director the full net amount of the tax imposed in this chapter and also such excess amount. The retention by the retailer or vendor of any excess amount of tax collections over the four percent (4%) four and one half percent (4.5%) of the total taxable sales of such retailer or vendor or the intentional failure to remit punctually to the Finance Director the full amount required to be remitted by the provisions of this Chapter is declared to be a Ordinance No. 26, Series 2021 2 violation of this Chapter and shall be recovered, together with interest, penalties and costs as provided in this Chapter. Section 3. Section 4-3-3-1(e) of the Vail Town Code is hereby amended as follows: 4-3-3-1: PROPERTY AND SERVICES TAXED: * * * E. Food and Drink: 1. Upon all sales of food.; except that the sale of food for home consumption as defined herein shall be taxed at the rate of four percent (4%) of the amount of the sale. * * * Section 4. Section 4-3-3-2(a) of the Vail Town Code is hereby amended as follows: 4-3-3-2: COLLECTION OF SALES TAX: A. When Due and Payable: Every retailer, also in this Chapter called "vendor", engaged in business in the Town shall, irrespective of the provisions of Section 4-3-3-3 of this Section 4-3-3, be liable and responsible for the payment of an amount equal to four percent (4%) four and one half percent (4.5%) of all sales made by such retailer of commodities or services as specified in Section 4-3-3-1 of this Section 4-3-3 and shall before the twentieth (20th) day of each month make a return to the Finance Director for the preceding calendar month and remit an amount equal to said four percent (4%) four and one half percent (4.5%) on such sales to said Finance Director. For the purposes of this subsection, all such returns and remittance shall be considered made to the Finance Director on or before the twentieth day of each month if they are sent via the United States mail and are postmarked on or before the twentieth day of each month. If the twentieth day of any month falls on a weekend or holiday, said return and remittance may be postmarked the following business day. Such returns of the taxpayer or duly authorized agent shall be furnished by the Finance Department. The Town shall use the standard Municipal Sales Tax reporting form and any subsequent revisions thereto adopted by the Executive Director of the Department of Revenue by the first month commencing one hundred twenty (120) days after the effective date of the regulation adopting or revising such standard form. * * * Ordinance No. 26, Series 2021 3 Section 5. Section 4-3-3-3(b) of the Vail Town Code is hereby amended as follows: 4-3-3-3: SALES TAX BASE; SCHEDULE OF SALES TAX: * * * B. Percentage of Tax: There is imposed upon all sales of commodities and services specified in Section 4-3-3-1 of this Section 4-3-3, a tax at the rate of four percent (4%) four and one half percent (4.5%) of the amount of the sale, to be computed in accordance with the schedules or system set forth in the rules and regulations prescribed therefor. Said schedules or systems shall be designed so that no such tax is charged on any sale of twenty four cents ($0.24) or less. * * * 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 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 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a public hearing for second reading of this Ordinance is set for the 21st day of December, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Ordinance No. 26, Series 2021 4 Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of December, 2021. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk Ordinance No. 26, Series 2021