HomeMy WebLinkAbout2024 - Proof of Publication PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 01, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the
7th day of February 2024.
Witness my hand and seal this 7th day of February 2024.
Stephanie Bibbens
Town Clerk
ORDINANCE NO. 1
SERIES 2024
AN ORDINANCE AMENDING SECTION 7 OF ORDINANCE NO. 22,
SERIES OF 2023 REGARDING THE EFFECTIVE DATE OF THE
ORDINANCE
WHEREAS, on November 21, 2023 the Town Council gave final approval to
Ordinance No. 22, Series of 2023 (“Ordinance 22”), which is a rezoning of a portion of Lot
1, Timber Ridge Subdivision from undesignated to Housing (H);
WHEREAS, Ordinance 22 has an effective date of March 1, 2024; and
WHEREAS, the Town Council desires to change the effective date of Ordinance
22 to April 1, 2024.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 7 of Ordinance 22 is hereby amended to read as follows:
Section 7. This ordinance shall take effect on April 1, 2024.
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 Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2024 and a
2
2/1/2024
public hearing for second reading of this Ordinance set for the 20th day of February, 2024,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 20th day of February, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 01, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 21st day of February 2024.
Witness my hand and seal this 21st day of February 2024.
Stephanie Bibbens
Town Clerk
ORDINANCE NO. 1
SERIES 2024
AN ORDINANCE AMENDING SECTION 7 OF ORDINANCE NO. 22,
SERIES OF 2023 REGARDING THE EFFECTIVE DATE OF THE
ORDINANCE
WHEREAS, on November 21, 2023 the Town Council gave final approval to
Ordinance No. 22, Series of 2023 (“Ordinance 22”), which is a rezoning of a portion of Lot
1, Timber Ridge Subdivision from undesignated to Housing (H);
WHEREAS, Ordinance 22 has an effective date of March 1, 2024; and
WHEREAS, the Town Council desires to change the effective date of Ordinance
22 to April 1, 2024.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 7 of Ordinance 22 is hereby amended to read as follows:
Section 7. This ordinance shall take effect on April 1, 2024.
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 Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2024 and a
2
2/1/2024
public hearing for second reading of this Ordinance set for the 20th day of February, 2024,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 20th day of February, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 02, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the
20th day of March 2024.
Witness my hand and seal this 20th day of March 2024.
Stephanie Bibbens
Town Clerk
ORDINANCE NO. 2
SERIES 2024
AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 12 OF THE VAIL
TOWN CODE REGARDING APPLICATIONS FOR EXTERIOR
MODIFICATIONS IN THE COMMERCIAL CORE 1 AND COMMERCIAL
CORE 2 ZONE DISTRICTS
WHEREAS, applications for major exterior alterations in the Commercial Core 1
and Commercial Core 2 zone districts are currently limited to biannual review by the
Town; and
WHEREAS, the Town desires to remove the review time limitation so that
applications for exterior modifications in the Commercial Core 1 and Commercial Core 2
zone districts are reviewed on an ongoing basis to align with other review processes.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-7B-7 of the Vail Town Code is hereby amended as
follows:
12-7B-7: EXTERIOR ALTERATIONS OR MODIFICATIONS.
(A)Subject to review Applicability. The construction of a new building,
the alteration of an existing building which adds or removes any enclosed
floor area, the alteration of an existing building which modifies exterior
rooflines, the replacement of an existing building, the addition of a new
outdoor dining deck or the modification of an existing outdoor dining deck
shall be subject to review by require approval from the Planning and
Environmental Commission (PEC) as follows.
(1)Application. An application shall be made by the owner of the
building or the building owner's authorized agent or representative on a form
provided by the Administrator. Any application for a building in a common
interest community condominiumized buildings shall be duly authorized
by the condominium association in conformity with all pertinent
requirements of the condominium association’s declarations.
(2)Application contents. The Administrator shall establish the
submittal requirements for an exterior alteration or modification application.
A complete list of the submittal requirements shall be maintained by the
Administrator and filed in the Department of Community Development.
Certain submittal requirements may be waived and/or modified by the
Administrator and/or the reviewing body if the applicant demonstrates it
is demonstrated by the applicant that the information and materials required
are not relevant to the application proposed development or applicable to
the planning documents that comprise the Vail Comprehensive Plan. The
Administrator and/or the reviewing body may require the submission of
2
additional plans, drawings, specifications, samples and other materials if
deemed necessary to properly evaluate the proposal.
(3) Application date and procedures. Complete applications for
major exterior alterations shall be submitted biannually on or before the
fourth Monday of February or the fourth Monday of September. Submittal
requirements shall include all information in subsection (A)(2) of this
section; provided, however, that the architectural or massing model shall be
submitted no later than three weeks prior to the first formal public hearing
of the Planning and Environmental Commission. No public hearings or work
sessions shall be scheduled regarding exterior alterations prior to the
biannual submittal date deadlines. At the next regularly scheduled Planning
and Environmental Commission meeting following the submittal dates listed
above, the Administrator shall inform the Planning and Environmental
Commission of all exterior alteration submittals. The Administrator shall
commence with the review of exterior alterations following this initial
Planning and Environmental Commission meeting.
(a)A property owner may apply for a major exterior alteration
(greater than 100 square feet) in any year during which he or she
shall submit an application on the February or September dates as
set forth in this subsection (A)(3). Said application shall be termed a
“major exterior alteration”.
(b)Notwithstanding the foregoing, applications for the alteration
of an existing building which adds or removes any enclosed floor
area of not more than 100 square feet, applications to alter the
exterior rooflines of an existing building, applications for new outdoor
dining decks and applications for modifications to existing dining
decks may be submitted on a designated submittal date for any
regularly scheduled Planning and Environmental Commission
meeting. Said applications shall be termed a “minor exterior
alteration”. The review procedures for a minor exterior alteration shall
be as outlined in this section. All enclosed floor area for an expansion
or deletion pursuant to this subsection (A)(3)(b) shall be physically
and structurally part of an existing or new building and shall not be a
freestanding structure.
(c)A single property owner may submit an exterior alteration
proposal which removes or encloses floor area of 100 square feet or
less on a designated submittal date and will be reviewed by the
Planning and Environmental Commission at any of its regularly
scheduled meetings.
(4) Work sessions. If requested by either the applicant or the
Administrator, submittals shall proceed to a work session with the Planning
and Environmental Commission. The Administrator shall schedule the work
session at a regularly scheduled Planning and Environmental Commission
3
meeting and shall cause notice of the hearing to be sent to all adjacent
property owners in accordance with § 12-3-6(C) of this title. Following the
work session, and the submittal of any additional material that may be
required, the Administrator shall schedule a formal public hearing before the
Planning and Environmental Commission in accordance with § 12-3-6 of
this title.
(3)(5) Hearing. The public hearing before the Planning and
Environmental Commission shall be held in accordance with § 12-3-6 of this
Title. The Planning and Environmental Commission may approve the
application as submitted, approve the application with conditions or
modifications, or deny the application. The decision of the Planning and
Environmental Commission may be appealed to the Town Council in
accordance with § 12-3-3 of this Title.
(4)(6) Compliance with comprehensive applicable plans Burden of
proof. It shall be the burden of At the hearing, the applicant shall to prove
by a preponderance of the evidence before the Planning and Environmental
Commission that the proposed exterior alteration is in compliance with the
purposes of the CC1 District as specified in § 12-7B-1 of this Article; that
the proposal is consistent with applicable elements of the Vail Village
Master Plan, the Town of Vail Streetscape Master Plan and the Vail
Comprehensive Plan; and that the proposal does not otherwise negatively
alter the character of the neighborhood; Further, and that the proposal
substantially complies with the Vail Village Urban Design Guide Plan and
the Vail Village design considerations, including without limitation to
include, but not be limited to, the following urban design considerations:
pedestrianization, vehicular penetration, streetscape framework, street
enclosure, street edge, building height, views, service/delivery and
sun/shade analysis; and that the proposal substantially complies with all
other elements of the Vail Comprehensive Plan.
(5)(7) Approval. Approval of an exterior alteration under subsections
(A)(5) and (A)(6) of this Section shall constitute approval of the basic form
and location of improvements including siting, building setbacks, height,
building bulk and mass, site improvements and landscaping.
(6)(8) Lapse of approval. Approval of an major or minor exterior alteration
as prescribed by this article shall lapse and become void two (2) years
following the date of approval of the major or minor exterior alteration by the
Planning and Environmental Commission unless, prior to the expiration, a
building permit is issued and construction is commenced and diligently
pursued to completion.
(7)(9) Design Review Board review. Any modification or change to the
exterior facade of a building or to a site within the CC1 District shall be
reviewed by the Design Review Board in accordance with Chapter 11 of this
title.
4
* * *
Section 2. Section 12-7C-5 of the Vail Town Code is hereby amended as
follows:
12-7C-5: EXTERIOR ALTERATIONS OR MODIFICATIONS.
(A)Review required Applicability. The construction of a new building,
the alteration of an existing building which adds or removes any enclosed
floor area, the alteration of an existing building which modifies exterior
rooflines, the replacement of an existing building, the addition of a new
outdoor dining deck or the modification of an existing outdoor dining deck
shall be subject to review by require approval from the Planning and
Environmental Commission (PEC). as follows:
(1)Application. An application shall be made by the owner of the
building or the building owner’s authorized agent or representative on a form
provided by the Administrator. Any application for a building in a common
interest community condominiumized buildings shall be duly authorized
by the condominium association in conformity with all pertinent
requirements of the condominium association’s declarations.
(2)Application contents. The Administrator shall establish the
submittal requirements for an exterior alteration or modification application.
A complete list of the submittal requirements shall be maintained by the
Administrator and filed in the Department of Community Development.
Certain submittal requirements may be waived and/or modified by the
Administrator and/or the reviewing body if the applicant demonstrates it
is demonstrated by the applicant that the information and materials required
are not relevant to the application proposed development or applicable to
the planning documents that comprise the Vail Comprehensive Plan. The
Administrator and/or the reviewing body may require the submission of
additional plans, drawings, specifications, samples and other materials if
deemed necessary to properly evaluate the proposal.
(3)Application date and procedures. Complete applications for
major exterior alterations shall be submitted biannually on or before the
fourth Monday of February or the fourth Monday of September. Submittal
requirements shall include all information in subsection (A)(2) of this
section; provided, however, that the architectural or massing model shall be
submitted no later than three weeks prior to the first formal public hearing
of the Planning and Environmental Commission. No public hearings or work
sessions shall be scheduled regarding exterior alterations prior to the
biannual submittal date deadlines. At the next regularly scheduled Planning
and Environmental Commission meeting following the submittal dates listed
5
above, the Administrator shall inform the Planning and Environmental
Commission of all exterior alteration submittals. The Administrator shall
commence with the review of exterior alterations following this initial
Planning and Environmental Commission meeting.
(a)A property owner may apply for a major exterior alteration
(greater than 100 square feet) in any year during which he or she
shall submit an application on the February or September dates as
set forth in this subsection (A)(3). Said application shall be termed a
“major exterior alteration”.
(b)Notwithstanding the foregoing, applications for the alteration
of an existing building which adds or removes any enclosed floor
area of not more than 100 square feet, applications to alter the
exterior rooflines of an existing building, applications for new outdoor
dining decks and applications for modifications to existing dining
decks may be submitted on a designated submittal date for any
regularly scheduled Planning and Environmental Commission
meeting. Said applications shall be termed a “minor exterior
alteration”. The review procedures for a minor exterior alteration shall
be as outlined in this section. All enclosed floor area for an expansion
or deletion pursuant to this subsection (A)(3)(b) shall be physically
and structurally part of an existing or new building and shall not be a
freestanding structure.
(c)A single property owner may submit an exterior alteration
proposal which removes or encloses floor area of 100 square feet or
less on a designated submittal date and will be reviewed by the
Planning and Environmental Commission at any of its regularly
scheduled meetings.
(4)Work sessions. If requested by either the applicant or the
Administrator, all submittals shall proceed to a work session with the
Planning and Environmental Commission. The Administrator shall schedule
the work session at a regularly scheduled Planning and Environmental
Commission meeting and shall cause notice of the hearing to be sent to all
adjacent property owners in accordance with § 12-3-6(C) of this title.
Following the work session, and the submittal of any additional material that
may be required, the Administrator shall schedule a formal public hearing
before the Planning and Environmental Commission in accordance with §
12-3-6 of this title.
(4)(6) Compliance with comprehensive applicable plans Burden of
proof. It shall be the burden of At the hearing, the applicant shall to prove
by a preponderance of the evidence before the Planning and Environmental
Commission that the proposed exterior alteration is in compliance with the
purposes of the CC2 District as specified in § 12-7C-1 of this Article; that
the proposal is consistent with applicable elements of the Vail Village
6
Master Plan, the Town of Vail Streetscape Master Plan and the Vail
Comprehensive Plan; and that the proposal does not otherwise negatively
alter the character of the neighborhood; Further, and that the proposal
substantially complies with the Vail Village Urban Design Guide Plan and
the Vail Village design considerations, including without limitation to
include, but not be limited to, the following urban design considerations:
pedestrianization, vehicular penetration, streetscape framework, street
enclosure, street edge, building height, views, service/delivery and
sun/shade analysis; and that the proposal substantially complies with all
other elements of the Vail Comprehensive Plan.
(5)(7) Approval. Approval of an exterior alteration under subsections
(A)(5) and (A)(6) of this Section shall constitute approval of the basic form
and location of improvements including siting, building setbacks, height,
building bulk and mass, site improvements and landscaping.
(8)(6) Lapse of approval. Approval of an major or minor exterior
alteration as prescribed by this article shall lapse and become void two (2)
years following the date of approval of the major or minor exterior alteration
by the Planning and Environmental Commission unless, prior to the
expiration, a building permit is issued and construction is commenced and
diligently pursued to completion.
(7)(9) Design Review Board review. Any modification or change to
the exterior facade of a building or to a site within the CC2 District shall be
reviewed by the Design Review Board in accordance with Chapter 11 of this
title.
* * *
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 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
7
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of March, 2024 and
a public hearing for second reading of this Ordinance set for the 2nd day
of April, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 2nd day of April, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 02, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 3rd day of April 2024.
Witness my hand and seal this 3rd day of April 2024.
Stephanie Bibbens
Town Clerk
ORDINANCE NO. 2
SERIES 2024
AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 12 OF THE VAIL
TOWN CODE REGARDING APPLICATIONS FOR EXTERIOR
MODIFICATIONS IN THE COMMERCIAL CORE 1 AND COMMERCIAL
CORE 2 ZONE DISTRICTS
WHEREAS, applications for major exterior alterations in the Commercial Core 1
and Commercial Core 2 zone districts are currently limited to biannual review by the
Town; and
WHEREAS, the Town desires to remove the review time limitation so that
applications for exterior modifications in the Commercial Core 1 and Commercial Core 2
zone districts are reviewed on an ongoing basis to align with other review processes.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-7B-7 of the Vail Town Code is hereby amended as
follows:
12-7B-7: EXTERIOR ALTERATIONS OR MODIFICATIONS.
(A)Subject to review Applicability. The construction of a new building,
the alteration of an existing building which adds or removes any enclosed
floor area, the alteration of an existing building which modifies exterior
rooflines, the replacement of an existing building, the addition of a new
outdoor dining deck or the modification of an existing outdoor dining deck
shall be subject to review by require approval from the Planning and
Environmental Commission (PEC) as follows.
(1)Application. An application shall be made by the owner of the
building or the building owner's authorized agent or representative on a form
provided by the Administrator. Any application for a building in a common
interest community condominiumized buildings shall be duly authorized
by the condominium association in conformity with all pertinent
requirements of the condominium association’s declarations.
(2)Application contents. The Administrator shall establish the
submittal requirements for an exterior alteration or modification application.
A complete list of the submittal requirements shall be maintained by the
Administrator and filed in the Department of Community Development.
Certain submittal requirements may be waived and/or modified by the
Administrator and/or the reviewing body if the applicant demonstrates it
is demonstrated by the applicant that the information and materials required
are not relevant to the application proposed development or applicable to
the planning documents that comprise the Vail Comprehensive Plan. The
Administrator and/or the reviewing body may require the submission of
2
additional plans, drawings, specifications, samples and other materials if
deemed necessary to properly evaluate the proposal.
(3) Application date and procedures. Complete applications for
major exterior alterations shall be submitted biannually on or before the
fourth Monday of February or the fourth Monday of September. Submittal
requirements shall include all information in subsection (A)(2) of this
section; provided, however, that the architectural or massing model shall be
submitted no later than three weeks prior to the first formal public hearing
of the Planning and Environmental Commission. No public hearings or work
sessions shall be scheduled regarding exterior alterations prior to the
biannual submittal date deadlines. At the next regularly scheduled Planning
and Environmental Commission meeting following the submittal dates listed
above, the Administrator shall inform the Planning and Environmental
Commission of all exterior alteration submittals. The Administrator shall
commence with the review of exterior alterations following this initial
Planning and Environmental Commission meeting.
(a)A property owner may apply for a major exterior alteration
(greater than 100 square feet) in any year during which he or she
shall submit an application on the February or September dates as
set forth in this subsection (A)(3). Said application shall be termed a
“major exterior alteration”.
(b)Notwithstanding the foregoing, applications for the alteration
of an existing building which adds or removes any enclosed floor
area of not more than 100 square feet, applications to alter the
exterior rooflines of an existing building, applications for new outdoor
dining decks and applications for modifications to existing dining
decks may be submitted on a designated submittal date for any
regularly scheduled Planning and Environmental Commission
meeting. Said applications shall be termed a “minor exterior
alteration”. The review procedures for a minor exterior alteration shall
be as outlined in this section. All enclosed floor area for an expansion
or deletion pursuant to this subsection (A)(3)(b) shall be physically
and structurally part of an existing or new building and shall not be a
freestanding structure.
(c)A single property owner may submit an exterior alteration
proposal which removes or encloses floor area of 100 square feet or
less on a designated submittal date and will be reviewed by the
Planning and Environmental Commission at any of its regularly
scheduled meetings.
(4) Work sessions. If requested by either the applicant or the
Administrator, submittals shall proceed to a work session with the Planning
and Environmental Commission. The Administrator shall schedule the work
session at a regularly scheduled Planning and Environmental Commission
3
meeting and shall cause notice of the hearing to be sent to all adjacent
property owners in accordance with § 12-3-6(C) of this title. Following the
work session, and the submittal of any additional material that may be
required, the Administrator shall schedule a formal public hearing before the
Planning and Environmental Commission in accordance with § 12-3-6 of
this title.
(3)(5) Hearing. The public hearing before the Planning and
Environmental Commission shall be held in accordance with § 12-3-6 of this
Title. The Planning and Environmental Commission may approve the
application as submitted, approve the application with conditions or
modifications, or deny the application. The decision of the Planning and
Environmental Commission may be appealed to the Town Council in
accordance with § 12-3-3 of this Title.
(4)(6) Compliance with comprehensive applicable plans Burden of
proof. It shall be the burden of At the hearing, the applicant shall to prove
by a preponderance of the evidence before the Planning and Environmental
Commission that the proposed exterior alteration is in compliance with the
purposes of the CC1 District as specified in § 12-7B-1 of this Article; that
the proposal is consistent with applicable elements of the Vail Village
Master Plan, the Town of Vail Streetscape Master Plan and the Vail
Comprehensive Plan; and that the proposal does not otherwise negatively
alter the character of the neighborhood; Further, and that the proposal
substantially complies with the Vail Village Urban Design Guide Plan and
the Vail Village design considerations, including without limitation to
include, but not be limited to, the following urban design considerations:
pedestrianization, vehicular penetration, streetscape framework, street
enclosure, street edge, building height, views, service/delivery and
sun/shade analysis; and that the proposal substantially complies with all
other elements of the Vail Comprehensive Plan.
(5)(7) Approval. Approval of an exterior alteration under subsections
(A)(5) and (A)(6) of this Section shall constitute approval of the basic form
and location of improvements including siting, building setbacks, height,
building bulk and mass, site improvements and landscaping.
(6)(8) Lapse of approval. Approval of an major or minor exterior alteration
as prescribed by this article shall lapse and become void two (2) years
following the date of approval of the major or minor exterior alteration by the
Planning and Environmental Commission unless, prior to the expiration, a
building permit is issued and construction is commenced and diligently
pursued to completion.
(7)(9) Design Review Board review. Any modification or change to the
exterior facade of a building or to a site within the CC1 District shall be
reviewed by the Design Review Board in accordance with Chapter 11 of this
title.
4
* * *
Section 2. Section 12-7C-5 of the Vail Town Code is hereby amended as
follows:
12-7C-5: EXTERIOR ALTERATIONS OR MODIFICATIONS.
(A)Review required Applicability. The construction of a new building,
the alteration of an existing building which adds or removes any enclosed
floor area, the alteration of an existing building which modifies exterior
rooflines, the replacement of an existing building, the addition of a new
outdoor dining deck or the modification of an existing outdoor dining deck
shall be subject to review by require approval from the Planning and
Environmental Commission (PEC). as follows:
(1)Application. An application shall be made by the owner of the
building or the building owner’s authorized agent or representative on a form
provided by the Administrator. Any application for a building in a common
interest community condominiumized buildings shall be duly authorized
by the condominium association in conformity with all pertinent
requirements of the condominium association’s declarations.
(2)Application contents. The Administrator shall establish the
submittal requirements for an exterior alteration or modification application.
A complete list of the submittal requirements shall be maintained by the
Administrator and filed in the Department of Community Development.
Certain submittal requirements may be waived and/or modified by the
Administrator and/or the reviewing body if the applicant demonstrates it
is demonstrated by the applicant that the information and materials required
are not relevant to the application proposed development or applicable to
the planning documents that comprise the Vail Comprehensive Plan. The
Administrator and/or the reviewing body may require the submission of
additional plans, drawings, specifications, samples and other materials if
deemed necessary to properly evaluate the proposal.
(3)Application date and procedures. Complete applications for
major exterior alterations shall be submitted biannually on or before the
fourth Monday of February or the fourth Monday of September. Submittal
requirements shall include all information in subsection (A)(2) of this
section; provided, however, that the architectural or massing model shall be
submitted no later than three weeks prior to the first formal public hearing
of the Planning and Environmental Commission. No public hearings or work
sessions shall be scheduled regarding exterior alterations prior to the
biannual submittal date deadlines. At the next regularly scheduled Planning
and Environmental Commission meeting following the submittal dates listed
5
above, the Administrator shall inform the Planning and Environmental
Commission of all exterior alteration submittals. The Administrator shall
commence with the review of exterior alterations following this initial
Planning and Environmental Commission meeting.
(a)A property owner may apply for a major exterior alteration
(greater than 100 square feet) in any year during which he or she
shall submit an application on the February or September dates as
set forth in this subsection (A)(3). Said application shall be termed a
“major exterior alteration”.
(b)Notwithstanding the foregoing, applications for the alteration
of an existing building which adds or removes any enclosed floor
area of not more than 100 square feet, applications to alter the
exterior rooflines of an existing building, applications for new outdoor
dining decks and applications for modifications to existing dining
decks may be submitted on a designated submittal date for any
regularly scheduled Planning and Environmental Commission
meeting. Said applications shall be termed a “minor exterior
alteration”. The review procedures for a minor exterior alteration shall
be as outlined in this section. All enclosed floor area for an expansion
or deletion pursuant to this subsection (A)(3)(b) shall be physically
and structurally part of an existing or new building and shall not be a
freestanding structure.
(c)A single property owner may submit an exterior alteration
proposal which removes or encloses floor area of 100 square feet or
less on a designated submittal date and will be reviewed by the
Planning and Environmental Commission at any of its regularly
scheduled meetings.
(4)Work sessions. If requested by either the applicant or the
Administrator, all submittals shall proceed to a work session with the
Planning and Environmental Commission. The Administrator shall schedule
the work session at a regularly scheduled Planning and Environmental
Commission meeting and shall cause notice of the hearing to be sent to all
adjacent property owners in accordance with § 12-3-6(C) of this title.
Following the work session, and the submittal of any additional material that
may be required, the Administrator shall schedule a formal public hearing
before the Planning and Environmental Commission in accordance with §
12-3-6 of this title.
(4)(6) Compliance with comprehensive applicable plans Burden of
proof. It shall be the burden of At the hearing, the applicant shall to prove
by a preponderance of the evidence before the Planning and Environmental
Commission that the proposed exterior alteration is in compliance with the
purposes of the CC2 District as specified in § 12-7C-1 of this Article; that
the proposal is consistent with applicable elements of the Vail Village
6
Master Plan, the Town of Vail Streetscape Master Plan and the Vail
Comprehensive Plan; and that the proposal does not otherwise negatively
alter the character of the neighborhood; Further, and that the proposal
substantially complies with the Vail Village Urban Design Guide Plan and
the Vail Village design considerations, including without limitation to
include, but not be limited to, the following urban design considerations:
pedestrianization, vehicular penetration, streetscape framework, street
enclosure, street edge, building height, views, service/delivery and
sun/shade analysis; and that the proposal substantially complies with all
other elements of the Vail Comprehensive Plan.
(5)(7) Approval. Approval of an exterior alteration under subsections
(A)(5) and (A)(6) of this Section shall constitute approval of the basic form
and location of improvements including siting, building setbacks, height,
building bulk and mass, site improvements and landscaping.
(8)(6) Lapse of approval. Approval of an major or minor exterior
alteration as prescribed by this article shall lapse and become void two (2)
years following the date of approval of the major or minor exterior alteration
by the Planning and Environmental Commission unless, prior to the
expiration, a building permit is issued and construction is commenced and
diligently pursued to completion.
(7)(9) Design Review Board review. Any modification or change to
the exterior facade of a building or to a site within the CC2 District shall be
reviewed by the Design Review Board in accordance with Chapter 11 of this
title.
* * *
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 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
7
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of March, 2024 and
a public hearing for second reading of this Ordinance set for the 2nd day
of April, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 2nd day of April, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 03, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on the
20th day of March 2024.
Witness my hand and seal this 20th day of March 2024.
Stephanie Bibbens
Town Clerk
Ordinance No. 3, Series of 2024
ORDINANCE NO. 3
SERIES OF 2024
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, HEAVY EQUIPMENT FUND, TIMBER RIDGE FUND, AND RESIDENCES AT MAIN
VAIL FUND OF THE 2024 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 2024 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
24, Series of 2023, adopting the 2024 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 2024 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 6,293,568
Capital Projects Fund 31,818,728
Real Estate Transfer Tax Fund 27,390,189
Housing Fund 14,092,051
Heavy Equipment Fund 1,227,546
Residences at Main Vail Fund 62,019
Timber Ridge Fund 1,997,487
Interfund Transfers (7,526,835)
Total $ 75,354,753
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. 3, Series of 2024
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 19th day of March 2024, and a public hearing shall be held on this Ordinance
on the 2nd day of April, 2024, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
_______________________________
Travis Coggin, Mayor
ATTEST:
___________________________
Stephanie Bibbens, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 03, Series
of 2024, Second Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 3rd day of April 2024.
Witness my hand and seal this 3rd day of April 2024.
Stephanie Bibbens
Town Clerk
Ordinance No. 3, Series of 2024
ORDINANCE NO. 3
SERIES OF 2024
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, HEAVY EQUIPMENT FUND, TIMBER RIDGE FUND, AND RESIDENCES AT MAIN
VAIL FUND OF THE 2024 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 2024 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
24, Series of 2023, adopting the 2024 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 2024 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 6,972,083
Capital Projects Fund 30,059,716
Real Estate Transfer Tax Fund 27,341,687
Housing Fund 14,092,051
Heavy Equipment Fund 1,227,546
Residences at Main Vail Fund 62,019
Timber Ridge Fund 4,469,987
Interfund Transfers (8,010,651)
Total $ 76,214,438
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. 3, Series of 2024
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 19th day of March 2024, and a public hearing shall be held on this Ordinance
on the 2nd day of April, 2024, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
_______________________________
Travis Coggin, Mayor
ATTEST:
___________________________
Stephanie Bibbens, Town Clerk
Ordinance No. 3, Series of 2024
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this
2nd day of April 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
________________________________
Stephanie Bibbens, Town Clerk
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 04, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 17th day of April 2024.
Witness my hand and seal this 17th day of April 2024.
Stephanie Kauffman
Town Clerk
ORDINANCE NO. 4
SERIES OF 2024
AN ORDINANCE REZONING A PORTION OF LOT 4, MIDDLE CREEK
SUBDIVISION, A RESUBDIVISION OF TRACT A FROM GENERAL USE
AND UNDESIGNATED TO HOUSING (H)
WHEREAS, the Town is in the process of acquiring the real property more
particularly described and depicted in Exhibit A, attached hereto and incorporated herein
by this reference (the "Property");
WHEREAS, on November 18, 1986, the Vail Town Council adopted the Vail Land
Use Plan, via Resolution 27, Series of 1986;
WHEREAS, on February 26, 2024, the Town filed an application to rezone the
Property from undesignated and General Use (GU) to Housing (H) and to update the Vail
Land Use Plan accordingly (the "Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for
rezoning;
WHEREAS, on March 25, 2024, 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 April 16, 2023, 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 Application and
recommendation of the Planning Commission, hearing the statements of Town staff 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, the priorities of
the Vail Town Council Action 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 promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality .
2
Section 2. Based on the foregoing findings, the Town Council hereby rezones
the Property from undesignated and General Use (GU) to Housing (H).
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines, and declares that this
ordinance is necessary and proper for the health, safety, and welfare of the Town and the
inhabitants thereof.
Section 5. The amendment of any provision of the 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 16th day of April, 2024 and
a public hearing for second reading of this Ordinance set for the 7th day of May, 2024,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
___________________________
Stephanie Kauffman, Town Clerk
3
READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this 7th day of May, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
___________________________
Stephanie Kauffman, Town Clerk
4
EXHIBIT A
Legal Description of Property
Lot 4 Middle Creek Subdivision, A Resubdivision of Tract A
PROOF OF PUBLICATION
STATE OF COLORADO )
)
COUNTY OF EAGLE )
I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 05, Series
of 2024, First Reading, on the Town of Vail’s web site, www.vailgov.com, on
the 17th day of April 2024.
Witness my hand and seal this 17th day of April 2024.
Stephanie Kauffman
Town Clerk
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ORDINANCE NO. 05
SERIES 2024
AN ORDINANCE REPEALING AND REENACTING CHAPTER 1 OF
TITLE 7 OF THE VAIL TOWN CODE AND REPEALING IN PART
CHAPTER 2 OF TITLE 7 OF THE VAIL TOWN CODE, ADOPTING BY
REFERENCE THE MODEL TRAFFIC CODE FOR COLORADO, 2020
EDITION
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.Chapter 1 of Title 7 of the Vail Town Code is repealed in its entirety
and reenacted to read as follows:
CHAPTER 1: TRAFFIC CODE
§ 7-1-1. MODEL TRAFFIC CODE ADOPTED.
The Town hereby adopts by reference the 2020 edition of the Model Traffic
Code promulgated and published by the Colorado Department of
Transportation, Safety and Traffic Engineering Branch, 2829 W. Howard
Place, Denver, CO 80204 (the "Model Traffic Code"). The Model Traffic
Code provides a system of traffic regulation for the Town. Three (3) copies
of the Model Traffic Code shall be filed in with the Town Clerk and may be
inspected during regular business hours.
§ 7-1-2. AMENDMENTS.
The Model Traffic Code is amended as follows:
(A)Section 109(9) is amended to read as follows:
"(9)No person shall use a roadway for traveling on skis,
toboggans, coasting sleds, skates, or similar devices. No person
shall enter a roadway on roller skates or riding in any coaster, toy
vehicle, or similar device, except while crossing a roadway in a
crosswalk, and when so crossing such person shall be granted all of
the rights and shall be subject to all of the duties applicable to
pedestrians. This subsection shall not apply upon any street or
portion thereof designated as a limited play street for use of roller
skates, skateboards or similar devices."
(B)Section 117(3) is amended to read as follows:
"(3)Unless otherwise authorized, an EPAMD shall not be
operated:
(a)On a limited-access highway;
(b)On a bike or pedestrian path; or
(c)At a speed of greater than twelve and one-half miles per hour."
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(C)Sections 801 through 808 shall not apply on streets or rights-of way
designated by the Town as pedestrian malls pursuant to Chapter 11 of Title
7 of this Code.
(D)Section 1101(2) is amended to read as follows:
"(2)Except when a special hazard exists that requires a lower
speed, the following speeds shall be lawful:
(a)Fifteen (15) miles per hour in any business district;
(b)Fifteen (15) miles per hour in any residential district;
(c)Twenty (20) miles per hour on narrow, winding mountain
roadways and blind curves, and fifteen (15) miles per hour on the
same when pedestrians are present;
(d)Forty (40) miles per hour on open mountain roadways;
(e)Forty-five (45) miles per hour for all single rear-axle vehicles
in the business of trash disposal that exceed twenty thousand
(20,000) pounds, where higher speeds are posted, when said vehicle
is loaded as an exempted vehicle pursuant to Section 507(3);
(f)Fifty-five (55) miles per hour on open highways which are not
on the interstate system, as defined in C.R.S. § 43-2-101(2);
(g)Sixty-five (65) miles per hour on surfaced highways which are
on the interstate system, as defined in C.R.S. § 43-2-101(2); and
(h)Any speed not in excess of a speed limit designated by an
official traffic control device."
§ 7-1-4. APPLICABILITY.
The Model Traffic Code shall apply to every street, alley, sidewalk,
driveway, park, public way, private way and public or private parking area
within the corporate limits of the Town, the use of which the Town has
jurisdiction and authority to regulate.
Section 2.Section 7-2A-1 of the Vail Town Code is repealed in its entirety and
reenacted to read as follows:
§ 7-2A-1. TRAFFIC INFRACTIONS AND MISDEMEANORS.
Any violation of the Model Traffic Code shall be a traffic infraction, except
for the following sections which shall be misdemeanors:
(1)Section 607, Interference with Official Devices;
(2)Section 707, Stopping Requirements at Railroad Crossings;
(3)Section 1101, Speed Limits: Driving twenty-five (25) or more
miles per hour in excess of the reasonable and prudent speed or in excess
of the maximum lawful speed limit of seventy-five (75) miles per hour;
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(4) Section 1105, Speed Contests;
(5) Section 1401, Reckless Driving;
(6) Section 1402, Careless Driving;
(7) Section 1413, Eluding or Attempting to Elude; and
(8) Section 1903, Stopping for School Buses.
Section 3. Sections 7-2A-2, 7-2A-12, 7-2B-3, 7-2B-4 and 7-2B-5 of the Vail
Town Code are hereby repealed in their entirety.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 6. 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 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of April, 2024 and a
public hearing for second reading of this Ordinance set for the 7
th day of May, 2024, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 7th day of May, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk