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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 The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein.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 4/9/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC0A6437\@BCL@FC0A6437.DOCX 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." 2 4/9/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC0A6437\@BCL@FC0A6437.DOCX (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; 3 4/9/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC0A6437\@BCL@FC0A6437.DOCX (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 4 4/9/2024 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC0A6437\@BCL@FC0A6437.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of May, 2024. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk