HomeMy WebLinkAbout2024-05-07 Agenda and Supporting Documentation Town Council Evening Meeting1.Call to Order
2.Proclamations
2.1 Proclamation No. 04, Series of 2024, Wildfire
Preparedness Month
5 min.
Read proclamation into the record.
Presenter(s): Paul Cada, Wildland Program Manager
Background: This is a joint proclamation with Eagle County
and the towns within the county declaring May to be Wildfire
Preparedness Month. Residents are encouraged to take action
to reduce the threat of wildfire and prepare for potential
wildfire.
3.Citizen Participation (10 min.)
3.1 Citizen Participation
4.Any action as a result of Executive Session
5.Consent Agenda
5.1 April 2, 2024 Town Council Meeting Minutes
5.2 April 16, 2024 Town Council Meeting Minutes
5.3 Resolution No. 22, Series of 2024, A Resolution Approving
an Underground Right-of-Way Easement with Holy Cross
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Town Council Chambers and virtually by Zoom:
Zoom Meeting ID: https://vail.zoom.us/webinar/register/WN_a-IfwDojSL2t_SbaagnVZg
6:00 PM, May 7, 2024
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time
Council will consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding
town services, policies or other matters of community concern, and any items that are not on the agenda.
Please attempt to keep comments to three minutes; time limits established are to provide efficiency in
the conduct of the meeting and to allow equal opportunity for everyone wishing to speak.
04-2024 Wildfire Preparedness Month
Citizen Participation.pdf
04022024 TC Meeting Minutes
04162024 TC Meeting Minutes
1
Energy
Approve, approve with amendments or deny Resolution No.
22, Series of 2024.
Background: The Town wishes to grant Holy Cross Energy an
underground right-of-way easement from Spraddle Creek to
Booth Falls.
5.4 Contract Award with Eagle Valley Events for Vail America
Days
Authorize the Town Manager to enter into a funding agreement
with Eagle Valley Events Inc, in a form approved by the Town
Attorney, for the Vail America Days event, not to exceed
$142,500.
Background: Eagle Valley Events Inc., who produced the Vail
America Days parade in 2022 and 2023, has been engaged to
manage certain elements of the parade in 2024.
5.5 Contract Award to J.R. Harris & Company for the
Structural Assessment of the Vail Village and Lionshead
Parking Structures
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with J.R. Harris &
Company for Parking Structure Repair Assessment, in an
amount not to exceed $97,000.00 plus direct expenses.
Background: Staff would like to complete a new structural
assessment of both the parking structures to get a roadmap of
future needed repairs as well as determine what the service
life of both structures will be if the recommended repairs are
completed as an ongoing capital maintenance program.
5.6 Contract Award to Pinnacle Electric for Installation of
Electric Charging Equipment at the Public Works Shop
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Pinnacle Electric, to
install the Bus Barn Electric Chargers, in an amount not to
exceed $158.358.00.
Background: The conversion of the Town of Vail transit fleet to
battery electric buses follow the Town's adopted EV Readiness
plan as well as greenhouse gas emission reduction standards.
5.7 Contract Award to R&H Mechanical for the Vail Village
Snowmelt Manifold Replacement Project
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with R&H Mechanical for
the Vail Village Snowmelt Manifold Replacement Project, in an
amount not to exceed $140,000.
Background: The Town of Vail has budgeted for snowmelt
Resolution 22 Series 2024 - Holy Cross Easement
23-23304 Holy Cross Energy Underground Right-of-Way Easement Agreement
Council Memo - Consent Agenda Vail America Days Contract 05-07-2024
JR_Harris_050724.pdf
Pinnacle Electric 05-07-2024
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repairs in the Vail Village and has begun work on replacement
of the existing snowmelt isolation valves. In addition to this
work, staff has publicly bid the replacement of the Vail Village
snowmelt manifold replacements.
6.Action Items
6.1 Resolution No. 17, Series of 2024, A Resolution Approving
an Amended and Restated Development Agreement
between the Town of Vail and Triumph Timber Ridge, LLC
Regarding the Development of Timber Ridge Village
15 min.
Approve, approve with amendments, or deny Resolution No.
17, Series of 2024.
Presenter(s): George Ruther, Housing Director
Background: The Timber Ridge Village Redevelopment
Committee has been tasked with negotiating a development
agreement for the redevelopment of Timber Ridge.
6.2 Resolution No. 20, Series of 2024, A Resolution Adopting
the Town of Vail Design Review Board and Planning and
Environmental Commission Application Fee Schedule
15 min.
Approve, approve with amendments, or deny Resolution No.
20, Series of 2024.
Presenter(s): Greg Roy, Planning Manager
Background: The cost to review PEC and DRB applications
have increased and an update to the fee schedule is being
proposed.
6.3 Resolution No. 21, Series of 2024, A Resolution of the Vail
Town Council Approving the Adoption of the Town of Vail
Strategic Plan
10 min.
Approve, approve with amendments, or deny Resolution 21,
2024.
Presenter(s): Russell Forrest, Town Manager
Background: The Strategic Plan identifies the strategic
priorities and results of the Vail Town Council will achieve in
the next one to five years.
Council Memo 5-7-24
Resolution No 17 Series of 2024 Timber Ridge Village Development Agreement 05-07-
2024
Resolution 17 Series of 2024 - Amended Timber Ridge DA 05-07-2024
Amended Triumph DA-A 05-07-2024
DA Exhibit A Timber Ridge Subdivision, Lot 1
DA Exhibit B GMP Documents
DA Exhibit C Project Budget
Deed Restriction-Combined-A 05-07-2024
DA Exhibit E Schedule
DA Exhibit F Town of Vail Residences
Timber Ridge Village Apartments Redevelopment Resolution No. 17 Presentation 2024-
05-07
Council Memo 5-7-24- Resolution No. 20, Series of 2024
Attachment A. Resolution No. 20 Series of 2024 - Planning Fees
3
6.4 2024 Ford Park Managed Summer Parking 10 min.
Approve the 2024 Ford Park Summer Managed Parking
Program.
Presenter(s): Greg Hall, Public Works and Transportation
Director and Steph Kashiwa, Parking Operations Manager
Background: Each spring the Ford Park User Group meets to
go over the summer activities and events calendar in order to
make recommendations to Town Council for the Ford Park
Managed Parking Program.
7.Public Hearings
7.1 Ordinance No. 04, Series of 2024, Second Reading, an
Ordinance Rezoning a Portion of Lot 4, Middle Creek
Subdivision, a Resubdivision of Tract A from General Use
and Undesignated to Housing (H)
5 min.
Approve, approve with amendments or deny Ordinance No.
04, Series of 2024 upon second reading.
Presenter(s): Greg Roy, Planning Manager
Background: The applicants are requesting approval of a zone
district boundary amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to allow for the rezoning of the
proposed Lot 4 currently located at Tract A, Middle Creek
Subdivision, from the General Use (GU) and Natural Area
Preservation (NAP) Districts to the Housing (H) District. The
rezoning is proposed to accommodate development of
workforce housing on Lot 4.
7.2 Ordinance No. 05, Series of 2024, Second Reading, 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
20 min.
Approve, approve with amendments, or deny Ordinance No.
05, Series of 2024, upon second reading.
Presenter(s): Deputy Chief Justin Liffick, Vail Police
Department
Background: Staff is requesting Council adopt the 2020
Colorado Model Traffic Code with suggested changes.
Strategic Plan Memo May 7
Resolution Strategic Plan 2024
Town of Vail Strategic Plan 2024 version A.docx
Ford Park Summer Managed Days 05072024
FPUG Calendar 2024
Ord #4 of 2024 Staff Memo
Attachment A. Ordinance No. 4, Series of 2024
Attachment B. PEC24-0008 Staff Report 3-25-24
Attachment C. PEC Results 3-25-24
Attachment D. Zone District Amendment Map
MTC to Council
Ordinance No. 05 - Model Traffic Code
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8.Adjournment 7:30pm (estimate)
State Fine Schedule
B. Allen Letter (MTC)
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and
available for public viewing as the meeting is happening. The meeting videos are also posted to High
Five Access Media website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
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AGENDA ITEM NO. 2.1
Item Cover Page
DATE:May 7, 2024
TIME:5 min.
SUBMITTED BY:Paul Cada, Fire Department
ITEM TYPE:Proclamation
AGENDA SECTION:Proclamations
SUBJECT:Proclamation No. 04, Series of 2024, Wildfire Preparedness
Month
SUGGESTED ACTION:Read proclamation into the record.
PRESENTER(S):Paul Cada, Wildland Program Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
04-2024 Wildfire Preparedness Month
6
Proclamation No. 04, Series of 2024
A JOINT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
EAGLE, STATE OF COLORADO, THE TOWNS OF GYPSUM, MINTURN, EAGLE, REDCLIFF,
AVON, AND VAIL, THE GYPSUM, EAGLE RIVER, GREATER EAGLE, AND ROC CREEK FIRE
PROTECTION DISTRICTS, AND VAIL FIRE AND EMERGENCY SERVICES PROCLAIMING MAY
2024 AS WILDFIRE PREPARDENSS MONTH
WHEREAS,twenty of Colorado’s largest wildfires have occurred within the last twenty years.
Four out of the five largest fires in state history have occurred within the last four years, including the
most destructive fire in state history just a year and a half ago;
WHEREAS,warmer temperatures, drought, and continued development in the wildland-urban
interface have made wildfire mitigation a top priority for Eagle County and surrounding jurisdictions;
WHEREAS,Eagle County (the “County”), the Towns of Gypsum, Minturn, Eagle, Redcliff,
Avon, and Vail (the “Towns”), and the Fire Districts of Gypsum, Eagle River, Greater Eagle, Rock
Creek, and Vail (the "Fire Districts") have determined that they share the common goals of wildfire risk
reduction, wildfire preparedness, and public education; and that collaboration in these areas will lead
to unified and fire-adapted communities throughout Eagle County and surrounding areas;
WHEREAS,Wildfire Preparedness Month is focused on encouraging residents to learn about
wildfire safety and take steps to reduce wildfire risk in and around their homes; and
WHEREAS,the undersigned desire to join in support of Wildfire Preparedness Month and to
designate May 2024 as Wildfire Preparedness Month in Eagle County, the participating Towns, and
the participating Fire Districts
NOW, THEREFORE, Vail Town Council joins the Board of County Commisioners of
Eagle County, State of Colorado, The Towns of Gypsum, Minturn, Eagle, Redcliff, Avon, the
Gypsum, Eagle River, Greater Eagle, and Rock Creek Fire Protection Districts and Vail Fire and
Emergency services by proclaiming that May 2024 is hereby designated as Wildfire
Preparedness Month in the County and in the Towns.
Dated this 7th day of May 2024.
Vail Town Council Attest:
___________________________
Travis Coggin, Mayor Stephanie Kauffman, Town Clerk
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AGENDA ITEM NO. 3.1
Item Cover Page
DATE:May 7, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Citizen Participation (10 min.)
SUBJECT:Citizen Participation
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Citizen Participation.pdf
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From:Kim Fuller
To:PublicInputTownCouncil
Cc:Bobby L"Heureux
Subject:Concern with current TOV Housing Lottery application process
Date:Wednesday, April 17, 2024 6:57:23 PM
To Vail Town Council Members:
I had sent a version of this to the previous Vail Town Council in the early fall of 2023, but
sending again now because we have new council members, and the most recent (today) TOV
housing lottery make this ever-more apparent …
The requirements to enter the housing lottery in the Town of Vail was changed in 2023.
Are you aware that applicants for all the housing lottery opportunities, like the one that was
just announced, do not have to prove pre-qualification of any kind until they are picked top 5
in any of those lotteries? All that is required to enter the lotteries is to upload an I.D.
So rather than getting a pre-approval from the bank that you can, in fact, qualify for a
$313,000 or $654,269, or any priced mortgage with current interest rates, you can simply
upload an I.D. and then prove this and all the other qualification steps once you get randomly
picked in the lottery.
Today’s lottery had 234 applicants (564 tickets), and it reads “234 qualified applicants
eligible for the lottery” in the TOV communication channels. What makes these applicants qualified
if all they do is upload an ID and check some boxes?
My concern is the significant decrease in lottery probability with this process. Even without
hard math, it’s quite obvious that many more individuals will be able to simply upload an I.D.
than prove qualification through even just one or two due diligence steps.
Please consider urging the Town of Vail Housing Department to require at least a pre-
qualification letter from the bank, in addition to the I.D. upload, in order to enter a TOV
housing lottery.
I have expressed this to Missy and Martha in-person. Let me know if it would help to show up
at a meeting to put this on verbal record.
Thank you for your time.
Best,
Kim
—
KIM FULLER
Owner + Publisher
“Enjoy the journey.”
jauntmediacollective.com
YOGA + Life - Well - Spoke+Blossom - Covered Bridge
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Child Advocacy Center of the 5th Judicial District
TREETOP CHILD
ADVOCACY
CENTER
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TA
B
L
E
O
F
CO
N
T
E
N
T
S
Impacted Counties, Types of Abuse, Age, Gender + Race
TREETOP STATISTICS + STRATEGIC GOALS03
OUR MISSION + VISION
Supporting Child, Community + T-R-E-E Values01
HISTORY + CHILD ADVOCACY CENTER MODEL
Multidisciplinary Team + Research-Supported Approach02
OPERATIONAL FUNDING REQUEST
Description of Services Funded by Town of Vail
04 CRIME VICTIMS FUND AND THE VOCA REDUCTION
Issues + Federal and State Proposed Solutions
05
12
Our mission is to support child victims of abuse and their
families through intervention, advocacy and support services.
OUR MISSION
A community where all children and families feel supported,
safe and empowered to pursue justice after experiencing abuse.
OUR VISION
We serve children of Clear Creek,
Eagle, Lake and Summit Counties.
VALUES: Trust, Respect, Equity, + Education
13
OU
R
H
I
S
T
O
R
Y
Child Advocacy Centers operate in the US and
in more than 34 countries around the world.
TreeTop coordinates the response of
agencies like law enforcement, child protective
services, prosecutors’ offices, advocates,
mental health and medical professionals to
ensure that when a child discloses abuse, they
are not re-victimized by the very systems
designed to protect them.
District Attorney Bud Kramer
heard of a child victim who had
to tell their story six to different
agencies.
To create a system that better
serves abused children, he
created the first Child Advocacy
Center in Huntsville, AL.
1985 2024 2018
TreeTop Child Advocacy
Center (CAC) was
established in 2018 as
the only non-profit
organization that
forensically interviews
child victims of violence
in the 5th Judicial District
in Colorado.
14
THE CHILD
ADVOCACY
CENTER MODEL
The Child Advocacy Center Model is a
research-supported approach that draws on
the following three components:
1.Forensic Interviews: Recorded conversations
between a trained interviewer and the child that
are child-centered.
2.Multidisciplinary Teams: Collaboration of
professionals who combine their efforts to
benefit the investigation and the families.
3.Victim Advocacy: Providing assistance to
families through trauma-informed support and
resources.
By combining these three tools into one system, CAC’s are
able to increase the quality of the investigation and work to
ensure the rights of the victim are prioritized.
DHS SANELaw
Enforcement
Advocates District
Attorney
Mental
Health
MULTI DISCIPLINARY TEAM
15
2023 IMPACTED COUNTIES
SUMMIT
LAKE
EAGLE
44%
29%
18%
OTHER9%
76 CHILDREN VICTIMS AND 141 SECONDARY VICTIMS WERE HELPED. 217 VICTIMS TOTAL.
16
TYPES OF ABUSE
217 VICTIMS WERE HELPED in 2023.
NEGLECT
WITNESS OF
VIOLENCE
PHYSICAL
ABUSE + OTHER
SEXUAL ASSAULT
10%
21%13%
56%
17
AGE, RACE, + GENDER STATISTICS
RACE IN PROGRAM
GENDER IN PROGRAM
AGE IN PROGRAM
18
ST
R
A
T
E
G
I
C
GO
A
L
S
Expand Business
Partnerships
Achieve Operational
Excellence
Improve Board
Governance
Enhance Community
Awareness
Sustain Financial
Stability
19
CRIME VICTIMS FUND AND THE VOCA REDUCTION
Issue:
The Crime Victims Fund (CVF), established through the Victims of Crime Act of 1984 (VOCA), is the primary funding
source for victim services throughout the nation. The CVF is funded by monetary penalties associated with federal
convictions, which fluctuate annually based on the cases that the Department of Justice successfully prosecutes. Deposits
have been low for several years, culminating in our current funding crisis. The VOCA funding stream has steadily decreased
from an award to Colorado of $56.7 million in 2018 to a low of $18.2 million in 2021. The latest cut to VOCA means Colorado
will face a decrease of 40-50% this funding cycle.
Inconsistent and fluctuating funding hurts survivors and victim service providers alike. Many agencies are already working
beyond their means to provide housing assistance, legal advocacy, case management, on-site crisis response, emergency
financial assistance, and more to Colorado victims and survivors. Over the last few years, agencies have faced the difficult
decision to downsize due to lack of funding while at the same time managing an increase in survivors seeking services.This
devastating reduction in Colorado’s VOCA award could force hundreds of victim service providers to layoff staff, cut
programs, or shut their doors, leaving thousands of victims and survivors of domestic violence, sexual violence, stalking,
child abuse, and human trafficking without access to support.
Impact to Treetop:
$250,000 over the next 2 years.
Ask of Vail: $20,000 annually, initiating in 2025.
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State of Colorado Proposed Solution for 2025 and 2026:
1.Asking the Joint Budget Committee, Senate President, Speaker of the House, and Governor Polis to invest $30 million in
one-time funds to backfill the VOCA shortfall and maintain critical services for Coloradans.
2.HB24 - 1349 FireArm & Ammunition Excise Tax - Goal is $45 Million
a.11% Excise Tax of Gross Taxable Retail Sales of firearm dealers, manufacturers, ammunition dealers, firearm pre-cursor
parts, + Ammunition Sold in the State that would go directly to fund victim support services and crime prevention.
CRIME VICTIMS FUND AND THE VOCA REDUCTION
Federal Proposed Solution:
Crime Victims Fund Stabilization Act of 2024 (CVFSA) introduced in the House alongside Reps. Nathaniel Moran (R-TX), Debbie Dingell
(D-MI), Stephanie Bice (R-OK), and Jim Costa (D-CA). The CVFSA will redirect leftover funds derived from the False Claims Act (FCA) into
the CVF and avert a catastrophic reduction in support to child crime victims.
Due to the nature of the Victims of Crime Act (VOCA), the CVF is a pool of monies primarily collected from federal settlements, criminal
prosecutions, fines and forfeited bonds. The fickle nature of this financial source leaves the CVF and child victims of sexual abuse and
violent crimes open to vulnerabilities. The CVFSA seeks to help address the recent shortfall, tiding over the CVF until a permanent
solution is enacted.
For more details about the CVFSA and CACs, including how the Act protects and ensures the interests of whistleblowers and federal agencies first, see the fact sheet. 21
What additional funding would support?
●Bilingual family advocate
●Dedicated mental health provider
●Dedicated SANE (sex assault nurse exam) room
●More productive work space
●Training for victim advocacy
●In-house marketing/development/grant professional
●In-house court appointed interpreter
●Financial sustainability
What will the $20,000 a year support?
●Infrastructure - rent, IT/telecom
●Personnel - ED, advocacy, and forensic interviewers
●CAC continuing education
●CAC membership (associations/national certification)
●Accounting - bookkeeping, annual audit, 990
●Marketing and development
Eagle County Focus:
●County/Town
Governments
●Businesses (Chamber
of Commerce)
●Grants
●Donors and
Fundraising
OPERATIONAL SUPPORT
22
CREDITS: This presentation template was created by
Slidesgo, and includes icons by Flaticon, and
infographics & images by Freepik
Thanks!
Child Advocacy Center - 5th Judicial District
103 S Harris St. Breckenridge, CO 80424
Please feel free to reach out to us with any
questions or assistance in these areas or would
like to request additional training.
Amy Oliveira - Executive Director
M: 970-409-2111
D: 970-389-1119
amy@treetopcenter.org
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AGENDA ITEM NO. 5.1
Item Cover Page
DATE:May 7, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:April 2, 2024 Town Council Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
04022024 TC Meeting Minutes
24
Town Council Meeting Minutes of April 2, 2024. Page 1
Vail Town Council Meeting Minutes
Tuesday, April 2, 2024
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Coggin.
Full video of the Town Council meeting can be accessed at https://www.highfivemedia.org/town-
vail.
Members present: Travis Coggin, Mayor
Barry Davis, Mayor Pro Tem
Pete Seibert
Jonathan Staufer
Dave Chapin
Reid Phillips
Samantha Biszantz
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Stephanie Kauffman (Bibbens), Town Clerk
1. Call to Order
2. Citizen Participation
Citizen Participation began at time stamp 0:00:13 on the High Five video.
Tim McMahon, an Eagle County resident, related a conversation he had with CDOT regarding
pedestrian safety and the responsible agency for lights at Dowd Junction and complimented
town staff on keeping the town and parking structures clean.
Brittany Franke, a Vail resident, asked about additional speed control measures in the
Intermountain Neighborhood.
Andreas Harl, a Vail resident, echoed comments about speeding in Intermountain and
suggested the addition of speedbumps be considered.
3. Any Action as the Result of Executive Session
There was none.
4. Proclamations
Reading of the proclamations began at time stamp 0:06:42 on the High Five video.
25
Town Council Meeting Minutes of April 2, 2024. Page 2
4.1 Proclamation No. 2, Series of 2024, One Book One Valley 2024
Read proclamation into the record.
4.2 Proclamation No. 3, Series of 2024, National Donate Life Month
Read proclamation into the record.
5. Appointments for Boards and Commissions
Appointments for Boards and Commissions began at time stamp 0:13:27 on the High Five
video.
5.1 Building and Fire Code Appeals Board (BFCAB) Appointments
Davis made a motion to appoint Bandon Chalk, Rollie Kjesbo, and Steve Loftus to service on
the BFCAB for a two-year term, ending on March 31, 2026; Seibert seconded motion passed
(7-0).
5.2 Design Review Board (DRB) Appointments
Davis made a motion to appoint Rollie Kjesbo to service on the DRB for a two-year term, ending
on March 31, 2026; Staufer seconded motion passed (7-0).
5.3 Planning and Environmental Commission (PEC) Appointments
Davis made a motion to appoint Bill Jensen, Bobby Lipnick, John Rediker, and Dave Tucker to
service on the PEC for a two-year term, ending on March 31, 2026; Phillips seconded motion
passed (7-0).
6. Consent Agenda
Consent Agenda began at time stamp 0:14:52 on the High Five video.
Davis made a motion to remove Resolutions No. 14, 15, and 16, Series of 2024 off of the
consent agenda.
6.1 March 5, 2024 TC Meeting Minutes
6.2 Match 19, 2024 TC Meeting Minutes
6.3 Contract Award to 360 Paving for the 2024 Overlay Project
Authorize the Town Manager to enter an agreement, in a form approved by the Town Attorney,
with 360 Paving to complete the 2024 Vail Overlay Project, in an amount not to exceed
$465,000.00.
26
Town Council Meeting Minutes of April 2, 2024. Page 3
Background: This project is budgeted with the Capital Street Maintenance Budget. Roads
included in this year's asphalt overlay project include Spruce Drive, Spruce Way, Streamside
Circle East, Gore Circle, and Columbine Drive north of Bighorn Road. This project is scheduled
to be completed by September 20, 2024
6.4 Contract Award to A-1 Chipseal for the 2024 Vail Slurry Seal Project
Authorize the Town Manager to enter an agreement, in a form approved by the Town Attorney,
with A-1 Chipseal to complete the 2024 Vail Slurry Seal Project, in an amount not to exceed
$180,000.00.
Background: The project is budgeted with the Capital Street Maintenance budget and is within
the engineer's estimate. Roads included in this year's asphalt preventive maintenance are
Cabin Circle, Eagles Nest Circle, Fairway Court, Fairway Drive, Homestake Circle, Hornsilver
Circle, Ptarmigan Road, Spring Hill Lane, Beaver Dam Road, Beaver Dam Circle, Forest Road,
Rockledge Road, and Spraddle Creek Road. This project is scheduled to be completed by July
3, 2024.
6.5 Contract Award to Kinetic Industry for Spring Stormwater Maintenance
Authorize the Town Manager to enter an agreement, in a form approved by the Town Attorney,
with Kinetic Industry for semi-annual stormwater maintenance work, in an amount not to exceed
$95,000.00.
Background: Town of Vail posted a call for bids seeking a firm to perform semi-annual
maintenance on stormwater treatment devices, including 277 gutter bins and 36 water quality
vaults.
6.6 Contract Award to Questica, LTD for Town of Vail Budgeting Software
Authorize Town Manager to enter into an agreement, on a form approved by the Town Attorney,
with Questica, LTD, for budgeting software not to exceed $66,500.00.
Background: As the town's budget has grown and has become more complex, there is a need
for a more collaborative, efficient, and transparent budget process.
6.7 Contract Award to ResortNet LLC for Wireless Networking Support
Authorize the Town Manager to enter an agreement, in a form approved by the Town Attorney,
with ResortNet LLC to provide wireless network support services in an amount not to exceed
$5,000 per month for 3 years.
Background: The Town relies on wireless networks for a variety of important purposes including
visitor and resident use in commercial cores, numerous events, private networks for Town of
vail employees in municipal buildings, and to support hundreds of internet-connected devices
including surveillance cameras, variable message signs, snowmelt controls, irrigation controls,
and more.
27
Town Council Meeting Minutes of April 2, 2024. Page 4
Davis made a motion to approve the amended consent; Phillips seconded motion passed (7-0).
7. Action Items
7.1 Resolution No. 14, Series of 2024, A Resolution Approving the Purchase of
Residential Property
Approve, approve with amendments, or deny Resolution No. 14, Series of 2024 to authorize the
Town Manager to enter into an agreement, in a form approved by the Town Attorney, to
purchase the property known as Buffer Creek Condominium, Unit A3 locate at 1860 Meadow
Ridge Road, Vail, CO 81657 in the amount not to exceed $770,000 plus closing costs.
Background: The availability of housing for its employees remains an ongoing need for the
Town of Vail municipal government. Over the years the Town has taken a wide range of
approaches to addressing its employee housing needs.
Davis made a motion to approve; Staufer seconded motion passed (6-0, Coggin recused
himself)
7.2 Resolution No. 15, Series of 2024, A Resolution Approving the Purchase of
Residential Property
Approve Resolution No. 15, Series of 2024 to authorize the Town Manager to enter into an
agreement, in a form approved by the Town Attorney to purchase the property known as Pitkin
Creek Condominium, Unit 3-B, located at 3921 Bighorn Road, Vail CO 81657, in the amount not
to exceed $770,000 plus closing costs.
Background: The availability of housing for its employees remains an ongoing need for the
Town of Vail municipal government. Over the years the Town has taken a wide range of
approaches to addressing housing needs.
Davis made a motion to approve; Staufer seconded motion passed (6-0, Coggin recused
himself)
7.3 Resolution No. 16, Series of 2024, A Resolution Approving the Purchase of
Residential Property
Approve Resolution No. 16, Series of 2024, to authorize the Town Manager to enter into an
agreement, in a form approved by the Town Attorney, to purchase the property known as
Meadow Creek Condominium, Unit L-4, located at 2510 Kinnikinnick Road, Vail, CO 81657, in
an amount not to exceed $1,275,000 plus closing costs.
Background: The availability of housing for its employees remains an ongoing need for the
Town of Vail municipal government. Over the years the Town has taken a wide range of
approaches to addressing its employee housing needs.
Davis made a motion to approve; Staufer seconded motion passed (6-0, Coggin recused
himself)
28
Town Council Meeting Minutes of April 2, 2024. Page 5
8. Public Hearings
8.1 Ordinance No. 2, Series of 2024, Second Reading of 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
Ordinance No. 2, Series of 2024, second reading began at time stamp 0:17:59 on the High Five
video.
Presenter(s): Jamie Leaman-Miller, Planner l
Approve, approve with amendments, or deny Ordinance No. 2, Series of 2024 upon second
reading.
Background: The purpose of Ordinance 2, Series of 2024 is to amend Section 12-7B-7 Exterior
Alterations or Modifications and 12-7C-5 Exterior Alterations or Modifications regarding the
development review process for exterior alterations in the Commercial Core 1 (CC1) and
Commercial Core 2 (CC2) districts.
Public comment was called. There was none.
Staufer made a motion to approve Ordinance No. 2. Series of 2024 upon second reading; Davis
seconded motion passed (7-0).
8.2 Ordinance No. 3, Series of 2024, Second Reading, 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 Thereto
Ordinance No. 3, Series of 2024, second reading, began at time stamp 0:19:35 on the High Five
video.
Presenter(s): Carlie Smith, Finance Director and Jake Shipe Budget Analyst
Approve, approve with amendments, or deny Ordinance No. 3, Series of 2024, upon second
reading.
Background: Please see attached memo.
Public comment was called. There was none.
Davis made a motion to approve Ordinance No. 3, Series of 2024 upon second reading; Staufer
seconded motion passed (7-0).
29
Town Council Meeting Minutes of April 2, 2024. Page 6
There being no further business to come before the council, Davis moved to adjourn the
meeting; Staufer seconded motion passed (7-0), meet adjourned at 6:36 p.m.
Respectfully Submitted,
Attest: __________________________________
Travis Coggin, Mayor
______________________________
Stephanie Kauffman, Town Clerk
30
AGENDA ITEM NO. 5.2
Item Cover Page
DATE:May 7, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:April 16, 2024 Town Council Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
04162024 TC Meeting Minutes
31
Town Council Meeting Minutes of April 16, 2024. Page 1
Vail Town Council Meeting Minutes
Tuesday, April 16, 2024
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Coggin.
Full video of the Town Council meeting can be accessed at https://www.highfivemedia.org/town-
vail.
Members present: Travis Coggin, Mayor
Barry Davis, Mayor Pro Tem
Pete Seibert
Jonathan Staufer
Dave Chapin
Reid Phillips
Samantha Biszantz
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Stephanie Kauffman (Bibbens), Town Clerk
1. Call to Order
2. Citizen Participation
Citizen Participation began at time stamp 0:00:12 on the High Five video.
Jonathan Levine, President of Hummersofvail Inc, suggested only commercial vehicles should be
allowed to utilize Hanson Ranch Road for passenger drop-off and pick-up.
Tom Boyd, Director of PR for Vail Valley Foundation, introduced himself as an Eagle County
Commissioner candidate for District 2.
Taylor Gardarian, an Eagle County resident, asked for a letter from the Town of Vail to the U.S.
Forest Service that would explain the town was not opposed to an assessment of the West Vail
Mountain and discussed an energy production process that converted molecular hydrogen to
hydrinos.
3. Any Action as the Result of Executive Session
There was none.
4. Consent Agenda
32
Town Council Meeting Minutes of April 16, 2024. Page 2
Consent Agenda began at time stamp 0:12:19 on the High Five video.
4.1 Contract Award to A-Peak Asphalt for 2024 On-Call Asphalt Repair
Authorize the Town Manager to enter an agreement, in a form approved by the Town Attorney,
with A-Peak Asphalt LLC to complete the 2024 On-Call Asphalt Repair Contract in an amount
not to exceed $125,000.00.
Background: This contract is to provide asphalt roadway patching as directed by Town Staff as
needed throughout the Town of Vail. The project is budgeted with the Capital Street
Maintenance budget.
4.2 Contract Award to American Mechanical Services for Installation of Police
Department Roof Top Units
Authorize the Town Manager to execute a change order, in a form approved by the Town
Attorney, with American Mechanical Services to replace the roof top units for the Police
Building, in an amount not to exceed $94,205.00.
Background: Staff is requesting the award of installation costs for the previously purchased
replacement roof top units for the Police Department. The purchase of the replacement units
were approved by Town Council in April of 2023.
4.3 Contract Award to Chargepoint for Battery Electric Charging Equipment
Authorize the Town Manager to enter into a contract, in a form approved by the Town Attorney,
with Chargepoint for a battery electric bus charging equipment, in an amount not to exceed
$559,958.75.
Background: This project will add 6 dual port charging dispensers in the Bus Barn to facilitate
the charging of 6 new buses, as well as add redundancy to the system
4.4 Contract Award to GH Daniels III & Associates Landscaping for Gore Valley Trail
Interpretive Installation Site Prep and Exhibit Installation
Authorize the Town Manager to enter an agreement, in a form approved by the Town Attorney,
with GH Daniels III & Associates Landscaping for the Gore Valley Trail Interpretive Installation
Site Prep and Exhibit Installation, in an amount not to exceed $83,000.00.
Background: Interpretive elements for the planned Gore Valley Trail Interpretive Installation are
being fabricated in the winter and early spring of 2024 by CREO. Site prep work must be
completed by GH Daniels III & Associates before interpretive elements are delivered by CREO
in June.
4.5 Contract Award to Resort Entertainment Group for the Springfree Bluegrass Festival
33
Town Council Meeting Minutes of April 16, 2024. Page 3
Authorize the Town Manager to enter an agreement, in a form approved by the Town Attorney,
with Resort Entertainment Group for the Springfree Bluegrass Festival, in an amount not to
exceed $80,000.00.
Background: This 3-day event will bring free bluegrass music to the Vail Village over Memorial
Day weekend.
4.6 Contract Award to Umbrella Roofing for the Community Development Roof Repair
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with Umbrella Roofing for the Community Development roof repair, in an amount not
to exceed $86,000.00.
Background: The northeast section of the Community Development Building roof is in need of
repair.
Staufer made a motion to approve the consent; Davis seconded motion passed (7-0).
5. Presentations/Discussions
5.1 Summer Parking Discussion
Summer Parking Discussion began at time stamp 0:12:52 on the High Five video.
Presenter(s): Greg Hall, Director Public Works and Transportation and Steph Kashiwa, Parking
Operations Manager
Provide feedback on next steps.
Background: Provide Council with recommendations for Summer 2024 Parking Program and
request Council to approve the Summer Parking Program win any necessary budget
adjustments.
6. Action Items
6.1 Resolution No. 18, Series of 2024, A Resolution Adopting the Town of Vail Public
Right of Way Permit Fee Schedule
Resolution No. 18, Series of 2024 discussion began at time stamp 0:44:28 on the High Five
video.
Presenter(s): Tom Kassmel, Town Engineer
Approve, approve with amendments, or deny Resolution No. 18, Series of 2024.
Background: The Public Way Permit Fee schedule has not been updates since 2008. This
Resolution will update the fee.
34
Town Council Meeting Minutes of April 16, 2024. Page 4
Chapin made a motion to approve; Phillips seconded motion passed (7-0).
6.2 Resolution No. 19, Series of 2024, A Resolution of the Vail Town Council Approving
the Update to the Vail Land Use Plan to Amend the Designation of Lot 4, Middle Creek
Subdivision, a Resubdivision of Tract A
Resolution No 19, Series of 2024 discussion began at time stamp 0:49:52 on the High Five
video.
Presenter(s): Greg Roy, Planning Manager
Approve, approve with amendments, or deny Resolution No. 19, Series of 2024.
Background: The applicant is proposing to amend the land use for portions pf Tract A Middle
Creek Subdivision from Open Space and Public/Semi-Public to High Density Residential.
Phillips made a motion to approve; Davis seconded motion passed (7-0).
6.3 Ordinance No. 05, Series of 2024, First Reading, an Ordinance Repealing and
Reenacting Chapter 1 of Title 7 of the and Repealing Part Chapter 2 of Title 7 of the Vail
Town Code, Adopting by Reference the Model Traffic Code for Colorado, 2020 Edition
Discussion of Ordinance No. 05, Series of 2024 began at time stamp 0:53:16 on the High Five
video.
Presenter(s): Chief Ryan Kenney, Vail Police Department
Approve, approve with amendments, or deny Ordinance No. 05, Series of 2024 upon first
reading.
Background: Staff is requesting Council adopt the 2020 Model Traffic Code with suggested
changes.
Davis made a motion to approve; Philips seconded motion passed (7-0).
7. Public Hearings
7.1 Ordinance No. 04, Series of 2024, First Reading, An Ordinance Rezoning a Portion of
Lot 4, Middle Creek Subdivision, a Resubdivision of Tract A from General Use and
Undesignated to Housing (H)
Discussion of Ordinance No. 04, Series of 2024 began at time stamp 1:27:25 on the High Five
video.
Presenter(s): Greg Roy, Planning Manager
Approve, approve with amendments, or deny Ordinance No. 04, Series of 2024 upon first
reading.
35
Town Council Meeting Minutes of April 16, 2024. Page 5
Background: The applicants are requesting approval of a zone district boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of the
proposed Lot 4 currently located at Tract A, Middle Cree Subdivision, from the General Use
(GU) and Natural Area Preservation (NAP) Districts to the Housing (H) District. The rezoning is
proposed to accommodate development of workforce housing on Lot 4.
Phillips made a motion to approve; Davis seconded motion passed (7-0).
There being no further business to come before the council, Davis moved to adjourn the
meeting; Staufer seconded motion passed (7:0), meet adjourned at 7:31 p.m.
Respectfully Submitted,
Attest: __________________________________
Travis Coggin, Mayor
______________________________
Stephanie Kauffman, Town Clerk
36
AGENDA ITEM NO. 5.3
Item Cover Page
DATE:May 7, 2024
SUBMITTED BY:Greg Hall, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Resolution No. 22, Series of 2024, A Resolution Approving an
Underground Right-of-Way Easement with Holy Cross Energy
SUGGESTED ACTION:Approve, approve with amendments or deny Resolution No. 22,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution 22 Series 2024 - Holy Cross Easement
23-23304 Holy Cross Energy Underground Right-of-Way Easement Agreement
37
RESOLUTION NO. 22
Series of 2024
A RESOLUTION APPROVING AN UNDERGROUND RIGHT-OF-WAY EASEMENT
WITH HOLY CROSS ENERGY
WHEREAS, the Town wishes to grant Holy Cross Energy an underground right-
of-way easement pursuant to the terms set forth in Exhibit A, attached hereto and
incorporated herein by this reference (the "Easement").
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Easement in substantially
the same form as attached hereto as Exhibit A, and in a form approved by the Town
Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED,PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 7th day of May 2024.
Travis Coggin,Mayor
ATTEST:
Stephanie Kauffman, Town Clerk
38
HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
TOWN OF VAIL, a Colorado municipal corporation
(hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood
Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across
lands of Grantor, situate in the County of Eagle, State of Colorado, Sections 2, 3 and 8, Township 5 South, Range 80 West
of the 6th P.M., more fully described, referencing the Eagle County Assessor’s Parcel Numbers, as follows:
Parcel Number 2101-081-00-001, at Reception Number 908756;
Parcel Number 2101-022-00-002, G.L.O. Lot 1, Section 2, at Reception Number 642836;
Parcel Number 2101-034-03-002, Tract A, Vail Village Thirteenth Filing, according to the Final Plat thereof, at
Reception Numbers 121932, 259668, and 285802;
Parcel Number 2101-034-01-001, Tract B, Vail Village Thirteenth Filing, according to the Final Plat thereof, at
Reception Numbers 121932 and 259668;
Parcel Number 2101-033-01-015, Tract C, Vail Village Thirteenth Filing, according to the Final Plat thereof, at
Reception Numbers 121932 and 259668;
Parcel Number 2101-092-00-006, at Reception Number 293820;
All Reception Numbers being in the records of the Eagle County Clerk and Recorder’s Office, Eagle, Colorado.
And, to construct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain an underground electric
transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in
connection therewith, together with associated equipment required above ground, including without limitation any
communications facilities, fiber optic facilities, wireless transmitters, receivers, phone line carrier equipment and other
communication equipment of any kind, within the above mentioned lands, upon an easement described as follows:
An easement twenty (20) feet in width, the centerline for said easement being an underground power line as
constructed, the approximate location of which upon the above-described properties is shown on Exhibit A
attached hereto and made a part hereof by reference.
The rights herein granted specifically allow Grantee to install additional underground and/or pad-mounted facilities within
the easement described herein.
It shall be the Grantors responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed
hereunder on said real property are accessible by Grantee’s boom trucks and other necessary equipment and personnel at
all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or
other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and
transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and
switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be
even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and
accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and
switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten
(10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other
obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening
sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this
paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections
will be made at the sole cost and expense of Grantor.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right
to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the
implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above-described
use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that
landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized
and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by
exercise of its rights granted by this easement.
W/O#23-23304:52-66,69,85,86,87,88:VAIL-BIGHORN CIRCUIT CONV. 2/12/24 23-23304 JV Page 1 of 2 Revised 12/18/15
W/O#23-24472:52-87,88:VAIL - BOOTH FALLS 4-0 TO 500MCM REVAMP
39
Grantor agrees that all facilities installed by Grantee on the above-described lands, shall remain the property of Grantee,
and shall be removable at the option of Grantee.
Grantor covenants that they are the owner of the above-described lands and that the said lands are free and clear of
encumbrances and liens of whatsoever character, except those held by the following: All those of Record.
TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges
appertaining thereto, unto Grantee, its successors and assigns, forever.
IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of
, 20 .
The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represents that they have full
power and authority to sign, execute, and deliver this instrument.
TOWN OF VAIL, a Colorado municipal corporation
By:
Mayor
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20 , by as Mayor of TOWN OF VAIL, a Colorado municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
W/O#23:23304:52-66,69,85,86,87,88:VAIL-BIGHORN CIRCUIT CONV. 2/12/24 23-23304 JV Page 2 of 2 Revised 12/18/15
W/O#23-24472:52-87,88:VAIL - BOOTH FALLS 4-0 TO 500MCM REVAMP
40
41
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43
AGENDA ITEM NO. 5.4
Item Cover Page
DATE:May 7, 2024
SUBMITTED BY:Jeremy Gross, Economic Development
ITEM TYPE:Agreement
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award with Eagle Valley Events for Vail America Days
SUGGESTED ACTION:Authorize the Town Manager to enter into a funding agreement with
Eagle Valley Events Inc, in a form approved by the Town Attorney, for
the Vail America Days event, not to exceed $142,500.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo - Consent Agenda Vail America Days Contract 05-07-2024
44
To: Mayor and Town Council
From: Economic Development
Date: 5/7/2024
Subject: Funding Agreement for Vail America Days
Background
Laurie Asmussen of Eagle Valley Events Inc. produced the Vail America Days Parade
in 2023, and for many years in the early 2000’s. Eagle Valley Events has been engaged
again in 2024 to produce certain elements of the Vail America Days Parade.
Specifically, Eagle Valley Events will be responsible for soliciting and supporting floats
and community parade entries, parade entertainment and other parade participants,
promotion, and ordering of supplies and equipment. The Town will be taking
responsibility for the operation of the physical parade route.
Budget
$142,500 was included in the budget for the Vail America Days Parade and event in the
Town Produced Event budget category. This includes all parade costs associated with
float recruitment and communication, advertising and promotion, marching bands, and
post parade entertainment, staffing for safety and security, etc. Administrative and
staffing costs for the event are estimated at $35,000 with the remaining budget
consisting of reimbursable costs for direct expenses related to entertainment, staging
and other rentals, advertising and promotion, event supplies, etc.
Action Requested of Council
Direct the Town Manager to enter into an agreement on a form approved by the town
attorney with Eagle Valley Events Inc. for the production of the Vail America Days
Parade on July 4, 2024 in an amount not to exceed $142,500.
45
AGENDA ITEM NO. 5.5
Item Cover Page
DATE:May 7, 2024
SUBMITTED BY:Greg Hall, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to J.R. Harris & Company for the Structural
Assessment of the Vail Village and Lionshead Parking Structures
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with J.R. Harris & Company for
Parking Structure Repair Assessment, in an amount not to exceed
$97,000.00 plus direct expenses.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
JR_Harris_050724.pdf
46
TO:
FROM:
DATE:
Vail Town Council
Public Works and Transportation Department
May 7, 2024
SUBJECT: Structural Assessment of the Vail Village and Lionshead Parking Structures
I. SUMMARY
This is a contract award in the amount of $ 97,000 to J. R. Harris & Company for
Structural Assessment of the Vail Village and Lionshead Parking Structures.
II. BACKGROUND
The last structural assessment completed in both structures was in 2018. Since that
time staff has contracted for completion of many of the recommended structural repairs.
The recommended repairs have been completed. Staff is proposing to complete a new
structural assessment of the structures both to get a road map of future needed repairs
but also to determine what the service life of the structures will be if the recommended
repairs are completed as an ongoing capital maintenance program. The project is to be
paid out of the capital projects budget Parking Structure Capital Maintenance.
III. ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with J. R. Harris & Company,
in a form approved by the Town Attorney, in the amount of, and not to exceed
$97,000.00 plus direct expenses.
47
AGENDA ITEM NO. 5.6
Item Cover Page
DATE:May 7, 2024
SUBMITTED BY:Greg Hall, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to Pinnacle Electric for Installation of Electric
Charging Equipment at the Public Works Shop
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Pinnacle Electric, to install the
Bus Barn Electric Chargers, in an amount not to exceed $158.358.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Pinnacle Electric 05-07-2024
48
TO:Vail Town Council
FROM:Public Works and Transportation Department
DATE:May 7, 2024
SUBJECT: Contract Award for installation of Electric Bus Charging Equipment
I.SUMMARY
This is a Contract Award in the amount of $ 139,333.00 to Pinnacle Electric Limited for
installation of electric bus chargers at the Public Works Shop.
II. BACKGROUND
The Town of Vail has adopted an EV Readiness plan as well as greenhouse gas
emission reduction standards. The conversion of the Town of Vail transit fleet to battery
electric buses is following these plans and goals. The Town has contracted for the
replacement of 8 transit vehicles, which will begin to arrive later in 2024. As part of the
transition to an electric bus fleet is the requirement to install the necessary charging
equipment. The Town Council previously awarded the purchase of the electric charging
equipment. This contract is for the installation of the equipment. The town received
three quotes for the work. Pinnacle Electric is the responsible low bidder. The work is
partially funded through state and federal grants the town has received. The project is
budgeted in the Capital Projects Fund.
III. ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Pinnacle Electric Limited,
LLC, in a form approved by the Town Attorney, in the amount of, and not to exceed
$139,333.00.
49
AGENDA ITEM NO. 5.7
Item Cover Page
DATE:May 7, 2024
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to R&H Mechanical for the Vail Village Snowmelt
Manifold Replacement Project
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with R&H Mechanical for the Vail
Village Snowmelt Manifold Replacement Project, in an amount not to
exceed $140,000.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo 5-7-24
50
To:Town Council
From:Public Works Department
Date:May 7, 2024
Subject:Vail Village Snowmelt Manifold Replacement Contract Award Approval
I.SUMMARY
The Town of Vail has budgeted for snowmelt repairs in the Vail Village and has begun
work on replacement of the existing snowmelt isolation valves. In addition to this work,
town staff has publicly bid the replacement of the Vail Village snowmelt manifold
replacements.
We received two bids;
R&H Mechanical $115,600
PSI $332,200
Staff recommends awarding this work to R&H Mechanical. This project will replace 30
to 40 snowmelt manifolds, the above bids reflect the replacement of 40. Due to the type
of work, that includes additional work and unknowns, staff recommends to enter into a
total contract amount not to exceed $140,000 to account for draining and filling the
snowmelt system and some potential unknowns when working in and around the
snowmelt system. This work is within the existing Vail Village Snowmelt repair budget
and will expend a portion of the $1.5 Million budget, of which $500,000 has already
encumbered for the Isolation Valve replacements mentioned above. Leaving a
remaining budget of $860,000 for future phases this fall.
II.RECOMMENDATION
Direct the Town Manager to enter into a contract, as approved by the Town Attorney,
with R&H Mechanical in an amount Not to Exceed $140,000.
51
AGENDA ITEM NO. 6.1
Item Cover Page
DATE:May 7, 2024
TIME:15 min.
SUBMITTED BY:George Ruther, Housing
ITEM TYPE:Consent Agenda
AGENDA SECTION:Action Items
SUBJECT:Resolution No. 17, Series of 2024, A Resolution Approving an
Amended and Restated Development Agreement between the
Town of Vail and Triumph Timber Ridge, LLC Regarding the
Development of Timber Ridge Village
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 17,
Series of 2024.
PRESENTER(S):George Ruther, Housing Director
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No 17 Series of 2024 Timber Ridge Village Development Agreement 05-07-2024
Resolution 17 Series of 2024 - Amended Timber Ridge DA 05-07-2024
Amended Triumph DA-A 05-07-2024
DA Exhibit A Timber Ridge Subdivision, Lot 1
DA Exhibit B GMP Documents
DA Exhibit C Project Budget
Deed Restriction-Combined-A 05-07-2024
DA Exhibit E Schedule
DA Exhibit F Town of Vail Residences
Timber Ridge Village Apartments Redevelopment Resolution No. 17 Presentation 2024-05-07
52
75 South Frontage Road West Housing Department
Vail, Colorado 81657 970.479.2150
vailgov.com
MEMORANDUM
To: Vail Town Council
From: George Ruther, Housing Director
Russ Forrest, Town Manager
Date: May 7, 2024
Re:Resolution No. 17, Series of 2024 - Timber Ridge Village Amended and Restated
Development Agreement
I.Purpose
The Timber Ridge Village Redevelopment Committee has been tasked with negotiating a
development agreement for the redevelopment of Timber Ridge.
The purpose of this agenda item is to hold a public hearing on a request for approval of
Resolution No. 17, Series of 2024, a resolution of the Vail Town Council approving an Amended
and Restated Development Agreement between the Town of Vail and Triumph Timber Ridge,
LLC, authorizing the Town manager to execute the agreement on behalf of the Town. The
Amended and Restated Development Agreement intentionally replaces and supersedes the
Prior Agreement. Copies of the Resolution and the Development Agreement have been
attached for reference.
This agenda items advances the critical actions identified in the Vail Town Council Action Plan,
furthers the adopted housing goal of the Town of Vail, and aids Vail in realizing its vision to be
the premier international mountain resort community.
II.Project Description
The Town of Vail acquired the Timber Ridge Vail Apartments in 2003 to protect and preserve
deed-restricted homes for year-round and seasonal Vail residents living and working within the
Vail community. First built on 1981, the 42-year-old Timber Ridge Village Apartments are at
the end of their useful building life cycle. The Vail Town Council has prioritized the
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Town of Vail
redevelopment of the Timber Ridge Village Apartments as a critical action, consistent with a list
of redevelopment goals and objectives adopted by the Town Council on February 1, 2022.
Timber Ridge Village will be the result of a public/private partnership between the Town of Vail
and Triumph Timber Ridge, LLC, to deliver a significant increase in the supply of deed-restricted
home available to local residents within the Vail community. Timber Ridge Village includes the
new construction of 294 deed-restricted residential homes in 7 separate buildings with a total of
555 bedrooms. Outdoor roof top decks and indoor community rooms provide added amenities
for the new residents. This new development vastly improves upon the quality and livability of
the 98 deed-restricted homes and 196 bedrooms that exist today.
A total of 332 enclosed, surface, and on-street parking spaces will be provided along with
convenient access to public transportation and added mobility solutions that ensures the
transportation needs of the residents are met today and into the future.
The 7 new buildings will be comprised of a total of 58 studio, 74 one-, 79 two-, 67 three- and 16
four-bedroom homes. These homes will be available for purchase and rent, but all must be
occupied by individuals who work at least 30 hours per week in Eagle County and earn a
minimum of 75%of their annual income from said business. To date, the Vail business
community and employers have stepped forward to place reservations on 133 of the total 294
homes. Habitat for Humanity, in partnership with the Town of Vail and Eagle County have
reserved 10 three-bedroom homes for families. One home is being set aside as an on-site
property manager’s homes. An additional 43 of the total homes are to be owned by the Town of
Vail for rental opportunities within the community, with the remaining 87 homes being made
available for purchase by individual homeowners as their primary residence. Triumph Timber
Ridge, LLC, in collaboration with the Town of Vail Housing Department, will host a community
housing lottery to select the individual buyers of the 87 homes.
The development site includes the town-owned Timber Ridge Village Apartments and the
recently acquired portion of adjacent CDOT ROW.
III.Development Agreement
The Timber Ridge Redevelopment Committee was tasked with negotiating a development
agreement with Triumph Timber Ridge, LLC, based upon the input and direction received from
the Vail Town Council. The success of the negotiated agreement relies heavily upon the
financial participation of the Town of Vail and the Vail business and employer community. With
an estimated total development cost of approximately $174M, Timber Ridge Village will be the
largest capital investment made towards resident housing in Vail’s history. To achieve this
milestone, however, the recommended financial approach to fund the redevelopment requires
an approximate $40.5M of seed money and contributions from the Town of Vail and the ability to
sell approximately $191M worth of homes to Vail business owners and employers, to Habitat for
Humanity, and to individual home buyers. In the end, the Town’s total seed money, land value,
and contributions will be returned, but for $1.9M for a new public transit stop at Timber Ridge
Village. The new transit stop will be owned by the Town of Vail. Most importantly, not only does
this funding approach lessen the financial challenges of the redevelopment and create the
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Town of Vail
opportunity for the Town to redevelopment Timber Ridge, but this approach also ensures the
ability to reinvest the Town’s limited financial resources to deliver more housing solutions in the
future.
The following amounts summarize the estimated development costs and revenue associated
with the new development:
Total Estimated Gross Development Revenue: $191M
Estimated Closing Sales & Administration Cost: $1.18M
Total Net Sales Proceeds Revenue: $191M
Total Estimated Development Cost: $174M
o Triumph Contribution
Vertical Construction Financing – ($125M)
Total Estimated Net Sales Proceeds: $65.5M to be split 30% Triumph - 70% ToV
o Triumph Compensation - $16.4M
o ToV Total Contribution - $50.9M
Closing cost, Land value, CDOT land acquisition, Existing debt ($10.44M)
Horizontal Construction (ToV) – ($38.5M)
* See Exhibit C, Amended and Restated Development Agreement for more detail
The following terms summarize the development agreement recommended for approval in
Resolution No. 17, Series of 2024:
Development Agreement Terms:
o The Town of Vail shall contribute the land and provide the seed money to fund
the site grading/retaining development, below grade infrastructure, dry and wet
utilities costs, and the parking podiums, resulting in finished building pads
readied for vertical construction of the residential homes. Estimated costs for this
work is $38.5M.
o The Town of Vail shall subordinate the title to the land to the construction lender
for the duration of the construction period only. Upon sales, however, the
amended deed restrictions recorded on the titles to each of the condominium
units shall be in the first and prior position ahead of any deed of trust and not
subordinate to any financial mortgage lending.
o Triumph is a developer-at-risk, and as such all work, including, but not limited to,
design development, engineering, testing, entitlement, and horizontal and vertical
construction, shall be contracted directly through the developer with its general
contractor and any sub-consultants, and not with the Town of Vail.
o The Town of Vail reserves the right to review all agreements between Triumph
and its contractor.
o Triumph shall be responsible for all vertical development costs and guarantees to
deliver 294 deed-restricted homes, subject to an Approved Development Plan.
The approved plans shall be incorporated into the development agreement by
reference.
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Town of Vail
o Triumph shall provide a minimum two-year warranty on the Town-owned public
improvements and the public transit stop and a one-year warranty on all others,
effective upon the closing of each home. All warranties shall be fully assignable
and transferable and protect the Town from claims of construction defects.
o Triumph shall cause its general contractor to secure a payment and performance
bond with the Town of Vail a listed beneficiary.
o Triumph, with the administrative assistance of the Town of Vail Housing
Department, shall be responsible for the marketing and final sale of each of the
homes, including completing a community housing lottery process for the sale of
the homes to individuals.
o As the homes are completed and sold, and following the complete repayment of
the $125M in construction lending debt, the Town of Vail shall be repaid for its
total seed money contribution ($38M) and reimbursable costs ($11.5M) (i.e. land
value, existing debt, CDOT parcel). The Town is not being reimbursed for the
$1.9M cost of the public transit stop
o Net sales proceeds from the sale of each building shall be distributed between
the TOV and Triumph Development 70% - 30% until the Town is repaid its total
seed money and contributions.
o Triumph shall be entitled to a developer fee of $8.175M, plus an added $16.4M
of developer profit for development risk.
o Any project savings beyond the repayment of the Town’s seed money and
contribution and Triumph’s compensation shall be distributed to Triumph and the
Town of Vail subject to a 85% - 15% share.
o Financing:
Horizontal – Town of Vail funded/financed
43 homes (town-owned) Town of Vail financed w/CoP’s
Vertical – Triumph financed
o In the event of any unsold homes, the Town of Vail and Triumph Timber Ridge,
LLC shall accept the value of the homes as payment in lieu of net sales proceeds
to pay back the Town’s contribution and the Developer’s profit at a 70% - 30%
pro rata share. Once the full Developer profit is realized, the Town receives
100% of any unsold home value.
o Milestone Project Schedule:
Construction Start – June 24, 2024
First Occupancy – November 1, 2025
Phased Occupancy – Through June, 2026
See Exhibit E for Schedule details
o Triumph shall be subject to liquidated damages, to the benefit of the individual
home buyers, for failure to deliver certificates of occupancy according to the
closing and possession dates established in a purchase and sale agreement.
Triumph shall be subject to a $1,000 per unit penalty, plus an added $250 per
unit per day penalty for each additional day of delay beyond the first.
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Town of Vail
IV.Next Steps
The development of the new and reimagined Timber Ridge Village is planned to commence on
or about June 24, 2024. With a June 2024 construction start, the first homes will be ready for
occupancy by November, 2025.
As of the date of this public hearing on Resolution No. 17, Series of 2024, all of the homes at
the Timber Ridge Village Apartments have been vacated and secured. Asbestos abatement
followed by demolition of the existing buildings, however, shall not commence until such time as
the developer has successfully closed on the construction lending required to complete the
development. The developer cannot close on the construction lending until it has been
demonstrated that they have secured $90M - $95M in pre-sales contracts. The value of the 53
total homes to be purchased by the Town of Vail and Habitat for Humanity is to be included in
the pre-sales contract requirement. The developer and Town of Vail Housing Department are
prepared to go to market with the reservations currently held on behalf of the 165 business
owner’s homes immediately upon approval of Resolution No. 17, Series of 2024.
V.Recommendation
The Development Agreement achieves the development goals and objectives affirmed by the
Vail Town Council at the start of the Timber Ridge Redevelopment process. As proposed, the
redevelopment seizes the housing opportunity afforded by more than doubling the number of
deed-restricted homes on the site, prioritizes homes over parking, ensures a 100% deed-
restricted development, creates 100% electrification of the buildings, optimizes the use of the
site, minimizes the short term impact of redevelopment on the existing residents, ensures
financial sustainability through the innovative approach of partnering with the business
community, and cements Vail’s role as a leader in the delivery of homes for local community
residents. Further, the proposed agreement minimizes any financial subsidy required of the
Town of Vail to deliver 294 deed-restricted homes thereby increasing the Town’s ability to
deliver additional housing solutions for the Vail community, and ensures a construction start on
or about June 24, 2024.
The Timber Ridge Redevelopment Committee recommends the Vail Town Council
approves Resolution No. 17, Series of 2024, as presented. Upon doing so, the town staff
and the developer will continue taking the steps necessary to commence construction
pursuant to the terms and schedule outlined in the Amended and Restated Development
Agreement.
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Town of Vail
Redevelopment Goals and Objectives
The following redevelopment goals and objectives were adopted by the Vail Town Council
and will be used to guide future decision-making:
Seize the full opportunity - The redevelopment of the Timber Ridge Village Apartments
will serve an integral role in strengthening the supply of deed-restricted homes in Vail by
providing for a minimum of 200 dwelling units.
Deed-restricted homes are the highest priority - 100% of the new homes shall be
deed-restricted for resident occupancy with preference granted to employees working at
businesses in the Town of Vail.
Optimize this housing opportunity - Given the scarcity of developable land for deed-
restricted homes in Vail, the density, height, and scale of the redevelopment shall be
optimized within the parameters of the Town’s adopted land use regulations, building
and fire codes, and other applicable code provisions.
Minimize the impacts of the short-term loss of homes- Construction of the
redevelopment project shall not begin prior to the issuance of a certificate of occupancy
for the Residences at Main Vail to minimize the negative impacts of vacating the Timber
Ridge Village Apartments during construction.
A market study shall drive the program and design - Timber Ridge Village
Apartments shall be redeveloped to meet the current and future housing needs of year-
round and seasonal Vail residents based upon the findings and conclusions of an
updated housing needs and demand market study.
Environmental stewardship is a community value – Environmental sustainability best
practices shall be incorporated into the design, construction, and future operations of the
new buildings including 100% electrification, solar array installation, car share program,
beyond energy conservation code construction, water conservation measures, high
efficiency systems, durable materials, etc.
Cost is a key consideration - Financial sustainability and fiscal responsibility are key
considerations of the long-term affordability of the homes and operational/maintenance
needs of the property owner.
Time is of the essence - Understanding the critical housing needs of the Vail
community and Eagle River Valley as well as the importance of meeting the growing
demands, the redevelopment of the Timber Ridge Village Apartments shall be
completed within 24 months of its demolition.
Prioritize homes over cars - Due to its convenient location to the West Vail community
commercial area and ease of access to the primary employment centers in Vail via
public transit, emphasis shall be placed on optimizing the number of residential homes
rather than maximizing the number of vehicles parking spaces.
Lead by example – The process and outcome of the redevelopment of the Timber
Ridge Village Apartments shall exemplify leadership in delivering on housing and shall
align with Vail’s place amongst leaders in the mountain resort communities.
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Resolution 17, Series of 2024
RESOLUTION NO. 17
Series of 2024
A RESOLUTION APPROVING AN AMENDED AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE TOWN OF VAIL AND TRIUMPH TIMBER RIDGE, LLC
REGARDING THE DEVELOPMENT OF TIMBER RIDGE VILLAGE
WHEREAS, on June 16, 2023, the Town and Triumph executed a Development
Agreement for the redevelopment of the Timber Ridge Apartments (the "Prior
Agreement"); and
WHEREAS, the parties now wish to amend the Prior Agreement to elaborate on
the terms of the development process and the parameters of the development, as set
forth in the Amended and Restated Development Agreement, attached hereto as
Exhibit A and incorporated herein by this reference (the “Amended Agreement”).
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
Section 1.The Town Council hereby approves the Amended Agreement and
authorizes the Town Manager to execute the Amended Agreement on behalf of the
Town in substantially the same form as attached hereto as Exhibit A, and in a form
approved by the Town Attorney.
Section 2.This Resolution shall become effective immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 7th day of May, 2024.
Travis Coggin
Mayor, Town of Vail
ATTEST:
Stephanie Kauffman
Town Clerk
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AMENDED AND RESTATED DEVELOPMENT AGREEMENT
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (the
"Agreement") is made this ___ day of _____________, 2024 (the "Effective Date"), by
and between the Town of Vail, Colorado, a Colorado home rule municipality with an
address of 75 South Frontage Road, Vail, CO 81657 (the "Town"), and Triumph Timber
Ridge, LLC, a Delaware limited liability company with an address of 105 Edwards Village
Boulevard, C201, Edwards, CO 81632 ("Developer") (each a "Party" and collectively the
"Parties").
WHEREAS, the Town owns the real property described in Exhibit A, attached
hereto and incorporated herein by this reference (the "Property");
WHEREAS, the Town wishes to convey the Property to Developer for the
redevelopment of the Property for deed-restricted employee housing (the
"Development");
WHEREAS, the Parties wish to elaborate on the terms of the Development process
and parameters of the Development, with the mutual understanding that the Development
will be at Developer's sole risk, other than the express obligations of the Town set forth
in this Agreement; and
WHEREAS, on June 16, 2023, the Parties executed a Development Agreement
for the Development (the "Prior Agreement"), and this Agreement is intended to replace
and supersede the Prior Agreement in all respects.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is mutually acknowledged, the
Parties agree as follows:
1.General Terms of Development.
a.Design and Layout. The Development will consist of: 294 residential
dwelling units (each a "Unit") in 7 individual buildings, with a total of 555 bedrooms; a
minimum of 332 enclosed, surface and on-street parking spaces; and associated
landscaping, lighting, driveway and walkway improvements. The total number of Units will
be comprised of 58 studio Units, 74 one-bedroom Units, 79 two-bedroom Units, 67 three-
bedroom Units and 16 four-bedroom Units.
b.Plans. The Guaranteed Maximum Price ("GMP") plans for the Development
are attached hereto as Exhibit B and incorporated herein by this reference (the "Plans").
The Parties anticipate that the Plans may be revised to finalize permitting and
construction documents, with approval of both Parties, without the necessity of an
amendment to this Agreement.
c.Development Costs. The total estimated cost for completion of the
Development is set forth in Exhibit C, attached hereto and incorporated herein by this
reference (the "Development Costs").
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2.Definitions. For purposes of this Agreement, the following terms shall have the
following meanings:
a.Building Permit: includes a building permit, asbestos abatement permit,
demolition permit or grading and foundation permit.
b.Legal Challenge: a legal proceeding filed by a third party unrelated to the
Parties challenging this Agreement or the zoning, platting or other development approval
of any portion of the North Parcel, an appeal of any zoning, platting or other development
approval, or a petition for referendum to repeal any ordinance approving a development
application.
c.Net Sales Proceeds: with respect to each Unit, the gross sale price of the
Unit less: (i) the amount required to be paid upon the sale with respect to any loans
payable by Developer related to the Development and (ii) customary costs of sale of the
Unit, including without limitation prepaid or prorated items, title company charges, closing
costs, and other appropriate fees and expenses.
3.Obligations of the Town.
a.Conveyance. At the closing of the Loan (defined below), the Town shall
convey the Property to Developer, by special warranty deed subject to statutory
exceptions. Developer shall provide the Town with at least 7 days' advance written notice
of the date of such closing.
b.Taxes. Unless the Development is otherwise exempted, the Town shall
refund 100% of all amounts paid by Developer for the Town's construction and building
materials use tax applicable to the Development, which refund shall be paid by the Town
to Developer within 7 days after Developer's payment.
c.Deed Restrictions. Currently, the entire Property is subject to an existing
deed restriction, dated July 17, 2003 and recorded with Eagle County at Reception No.
840811 (the "Existing Deed Restriction"). Upon completion of construction and prior to a
sale of any portion of the Property by Developer, the Town shall replace the Existing Deed
Restriction with new, separate deed restriction against the Property. The deed restriction
shall be in the form attached hereto as Exhibit D and incorporated herein by this
reference.
d.Contributions. Expressly subject to Section 14.h. hereof, the Town shall
fund the actual costs for site grading, below grade infrastructure, dry and wet utilities, the
parking podiums, and the transit stop, to result in finished building pads readied for vertical
construction of the residential homes on the Property, in an amount not to exceed
$40,523,046 (the "Financial Contribution"). The Town is also contributing the land and
related entitlements for the Development, which is valued at $10,446,722 (the "Land
Contribution"). The Financial Contribution plus the Land Contribution is the "Total
Contribution".
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e.Payment to Developer. On a monthly basis, on or before the 5th day of the
month, Developer shall submit a request for payment of a portion of the Financial
Contribution with supporting documentation, and the Town shall remit payment within 14
days after receipt of the payment request. The Town acknowledges that failure to timely
pay the Financial Contribution or any installment thereof may cause a default by
Developer under its construction contracts and may jeopardize the timely completion of
the Development. Therefore, time is of the essence in the payment of the Financial
Contribution. If any installment payment is not made by the Town when due, the Town
shall pay a late charge in the amount of 10% of the amount due, and interest shall
thereafter accrue on such delinquent payment at the rate of 1.5% per month (or portion
thereof) until paid.
4.Developer's General Obligations.
a.Development. Subject to the terms and conditions of this Agreement and
the obligations of the Town hereunder, Developer shall be solely responsible for ensuring
that the Development is constructed in compliance with this Agreement, the Plans and all
applicable law, including without limitation design, engineering, testing, entitlement, and
horizontal and vertical construction, at Developer's sole risk.
b.Applications, Drawings and Permits. Developer shall prepare all
applications, design drawings and plans for the Development, and shall be responsible
for obtaining all required Building Permits and other permits for the Development, at
Developer's own expense.
c.Professional Responsibility. Developer hereby warrants that it is qualified
to assume the responsibilities and render the services described herein and has all
requisite corporate authority and professional licenses in good standing, required by law.
The work performed by Developer shall be in accordance with generally accepted
professional practices and the level of competency presently maintained by other
practicing professional firms in the same or similar type of work in the applicable
community. The work and services to be performed by Developer hereunder shall be
done in compliance with applicable laws, ordinances, rules and regulations. The Town's
review, approval or acceptance of, or payment for any services shall not be construed to
operate as a waiver of any rights under this Agreement or of any cause of action arising
out of the performance of this Agreement.
d.Applicable Law. In connection with the Development, Developer shall
comply with all applicable law, including without limitation all current and future federal,
state and local statutes, regulations, ordinances and rules relating to: the emission,
discharge, release or threatened release of a Hazardous Material into the air, surface
water, groundwater or land; the manufacturing, processing, use, generation, treatment,
storage, disposal, transportation, handling, removal, remediation or investigation of a
Hazardous Material; and the protection of human health, safety or the indoor or outdoor
environmental, including (without limitation) the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the
Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource
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Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic
Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. §
1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act; the Occupational
Safety and Health Act; all applicable Colorado environmental laws; and all other federal,
state or local laws and regulations relating to, or imposing liability or standards of conduct
concerning any hazardous, toxic or dangerous waste, substance or material, now or at
any time hereafter in effect.
e.Books and Records. Developer shall maintain all books and records related
to the Development for public inspection. Upon request by the Town or its agent,
Developer shall provide evidence of all costs and expenses related to the Development.
f.Financing. The total construction loan for the Development is $124,642,180
(the "Loan"). Developer shall cause its lender to provide the Town with the right to cure
any default by Developer under the Loan.
g.Reimbursement. As provided below, Developer shall reimburse the Town
for the Total Contribution less the Transit Stop Costs (defined below), for a total
reimbursement amount of $49,061,491 (the "Reimbursement").
5.Construction.
a.Schedule. Developer shall commence construction of the Development
within 30 days after the closing of Developer's construction financing for the Development,
and thereafter manage the schedule of construction of the Development and complete
and deliver the Development to the Town in compliance with the schedule attached hereto
as Exhibit E and incorporated herein by this reference (the "Schedule").
b.General Contractor. The construction contract with the general contractor
has been approved by the Town. Developer is authorized to select a replacement general
contractor, if necessary, at Developer’s discretion, but only after consultation with the
Town. Any other material changes to the construction contract shall require the Town’s
prior written approval.
c.Warranty. Developer shall cause the general contractor to provide a one-
year warranty to the buyers of the Units, commencing on the date of closing of the sale
of each Unit. During the warranty period, Developer shall manage any work performed
by the general contractor or any subcontractor under the warranty.
6.Public Improvements.
a.Construction.
i.Developer shall cause to be constructed all required public improvements
associated with the Development and approved by the Town, as depicted on the
Plans (the "Public Improvements"). The Public Improvements are expected to
include sidewalks and stairs, a transit stop, street lights and fixtures, and
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landscaping within the public right-of-way, and South Frontage Road traffic lane
improvements, including drainage.
ii.The Town may make reasonable engineering observations. Observation,
acquiescence in or approval by any engineering inspector of the construction of
physical facilities at any particular time shall not constitute the approval by the
Town of any portion of such Improvements.
iii.Developer shall provide all necessary engineering designs, surveys, field
surveys and incidental services related to the construction of the Public
Improvements, including reproducible "as-built" drawings certified accurate by a
professional engineer registered in the State of Colorado.
iv.Developer shall be fully responsible for the prompt repair of any property
which may be damaged during construction of the Public Improvements, whether
such property is public or private. To the extent any construction traffic damages
any Town streets, Developer shall be responsible for repair of such damage or the
reconstruction of such streets, as the Town determines appropriate.
v.Developer shall not be considered the agent of the Town in the construction,
erection or operation of any Public Improvements.
b.Delivery and Acceptance.
i.Upon completion of any Public Improvements, Developer shall submit to the
Town written notice of completion. Within 14 days after the notice, the Town shall
either: issue written notice to Developer of completion and acceptance of the
Improvements; or issue written notice to Developer that the Town does not accept
all or any portion of the Improvements, accompanied by a detailed description of
the issues that must be remedied for the Town to accept the Improvements. The
Town's failure to issue either notice shall be deemed the Town's acceptance of the
Improvements.
ii.Upon completion of any remedial work, Developer shall again give notice
and the procedures described in this Section will be repeated with respect to such
items.
iii.Acceptance of Improvements is the binding acknowledgement of the Town
that the improvements accepted are complete and Developer has satisfied its
obligations under this Agreement with respect to the construction of same, subject
only to the warranty provisions of this Agreement.
c.Warranty. Developer warrants and guarantees that, for 2 years from the
date of acceptance, each Public Improvement: is not defective; will not fail; has been
constructed and installed in a workmanlike manner suitable for its intended uses; and has
been constructed in compliance with all applicable law and all applicable land use
approvals.
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d.Transit Stop. The transit stop shall be a separate common interest
ownership Unit (the "Transit Stop Unit"). Upon completion, provided that the Town is not
in default of this Agreement, Developer shall convey the Transit Stop Unit to the Town by
special warranty deed, at no cost. The total estimated cost for completion of the Transit
Stop Unit is set forth in Exhibit C, attached hereto and incorporated herein by this
reference (the "Transit Stop Costs").
7.Sale of Units.
a.Subdivision. Developer shall be responsible for the preparation and filing
of all required applications to subdivide the Property so as to enable the Units to be sold
in compliance with the Plans.
b.Common Interest Community. Developer shall be responsible, at
Developer's sole expense, for the drafting and recordation of all necessary documents to
create a common interest community on the Property. The details of the common interest
community and the final documents establishing such community are subject to the
Town's approval. The Transit Stop Unit shall not be subject to association dues, and the
common interest community association shall not be subject to capital maintenance
expenses and operational costs attributable to the Transit Stop Unit. Triumph shall be
engaged for professional management of the common interest community association
and operation of the Project (either through an independent third party or an affiliate or
agent of Triumph) on commercially reasonable terms.
c.Marketing and Contracts. Developer shall be responsible for all matters
related to the marketing for sale, contracting for sale, and all other matters related to the
sale of the Units and all costs related thereto. Developer shall use the form of each
purchase and sale agreement that has been approved by the Town.
d.Town Units. Developer shall sell to the Town the 43 Units identified on
Exhibit F attached hereto and incorporated herein by this reference, upon issuance of a
certificate of occupancy. Developer shall provide a one-year warranty on the Units
purchased by the Town, commencing from the date of closing. The provisions of this
Section will be reflected in the purchase and sale agreement between the Parties, which
purchase and sale agreement shall be fully assignable by the Town without Developer's
consent.
e.Other Units. The Town shall have the right, but not the obligation, to
purchase any other Units in the Development. For any Units that are not sold and retained
by Developer, Developer may lease such Units to qualified occupants subject to the Deed
Restriction.
8.Compensation.
a.Developer Fee. For planning, staffing, managing and completing the
Development in accordance with the Plans and this Agreement, the Developer shall earn
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a fee of $8,175,000 (the "Developer Fee"). The Developer Fee is budgeted in the
Development Costs and is not included in the Financial Contribution.
b.Sales Proceeds.
i.In addition to the Developer Fee, following repayment of the Loan,
Developer shall retain an amount equal to 30% of the Net Sales Proceeds from
the initial sale of each Unit and the remaining 70% shall be transferred to the Town
and applied as repayment of the Financial Contribution. This 70/30 split shall
continue until Developer has received $16,400,000 from Net Sales Proceeds.
ii.Once Developer has received $16,400,000 from Net Sales Proceeds,
Developer shall transfer 100% of Net Sales Proceeds to the Town, until the Town
has received the total Financial Contribution.
iii.Once the Town has received the total Financial Contribution, Developer
shall transfer 15% of Net Sales Proceeds to the Town, and shall retain 85% of Net
Sales Proceeds.
c.Transfer of Units. Upon the later of: (1) 90 days after the date of issuance
of a certificate of occupancy for the last completed building in the Development; or (2) the
full repayment of the Loan (the "Trigger Date"), if the Town has not received the full
amount of the Reimbursement, then Developer shall transfer Units to the Town as a credit
("Credit") for the remainder of the Reimbursement, subject to the following conditions:
i.The closing of the transfer of the Units to the Town shall occur no later than
30 days after the Trigger Date.
ii.The amount of the Credit shall be the total market value of the Units being
transferred, at the time of transfer.
ii.The Town shall have the option to select the Units it wishes to accept as
Credit, until the Town has received the total Financial Contribution. Once the Town
has received the total Financial Contribution, if Developer has not received
$16,400,000 from Net Sales Proceeds, Developer may retain Units to reach the
amount of $16,400,000, using the total market value of the Units being transferred,
at the time of transfer, as the basis. Once Developer has retained Units to reach
the amount of $16,400,000, if any amount of the Reimbursement remains due and
owing to the Town, the Town shall accept Units as the Credit until the total
Reimbursement has been paid.
9.Term. This Agreement shall commence on the Effective Date, and, unless
otherwise terminated as provided herein, shall terminate 2 years after the issuance of the
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final certificate of occupancy for the Development, provided that the warranty, insurance
and indemnification provisions of this Agreement shall survive its termination.
10.Insurance.
a.Policies. Developer agrees to procure and maintain, at its own cost
(included in the Contract Price), a policy or policies of insurance as described on Exhibit
G, attached hereto and incorporated herein by this reference, including commercial
general liability insurance as an Owner Controlled Insurance Policy (the "OCIP"), fire and
extended coverage insurance, which during construction shall be carried in Builder’s Risk
form, and pollution insurance.
b.Standards. Such insurance shall be in addition to any other insurance
requirements imposed by law. The coverages afforded under the policies shall not be
canceled, terminated or materially changed without at least 30 days prior written notice
to the Town. In the case of any claims-made policy, the necessary retroactive dates and
extended reporting periods shall be procured to maintain such continuous coverage. Any
insurance carried by the Town, its officers, its employees, or its contractors shall be
excess and not contributory insurance to that provided by Developer. Developer shall be
solely responsible for any deductible losses under any policy.
c.Certificates. Developer shall provide to the Town certificates of insurance
as evidence that the required policies are in full force and effect. The certificates shall
identify this Agreement.
11.Indemnification. Developer agrees to indemnify and hold harmless the Town and
its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from
and against all claims, liability, damages, losses, expenses and demands, including attorney
fees, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage,
construction defect, or any other loss of any kind whatsoever, which arise out of or are in
any manner connected with this Agreement if such injury, loss, or damage is caused in
whole or in part by, the act, omission, error, professional error, mistake, negligence, or
other fault of Developer, any subcontractor of Developer, or any officer, employee,
representative, or agent of Developer, or which arise out of a worker's compensation
claim of any employee of Developer or of any employee of any subcontractor of
Developer. Developer's liability under this Section shall be to the fullest extent of, but shall
not exceed, that amount represented by the degree or percentage of negligence or fault
attributable to Developer, any subcontractor of Developer, or any officer, employee,
representative, or agent of Developer or of any subcontractor of Developer.
12.Developer Default and Remedies.
a.Default. Each of the following is a Developer default of this Agreement:
i.If Developer fails to perform any of its obligations under this Agreement and
fails to remedy the same within 30 days after Developer is given a written notice
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specifying the same; provided that, if the nature of the violation is such that it
cannot reasonably be remedied within 30 days, and Developer provides evidence
to the Town that the violation cannot reasonably be remedied within 30 days, then
the violation shall be remedied as soon as reasonably practicable, but in any case,
within 90 days of the original notice of violation.
ii.If an involuntary petition is filed against Developer under a bankruptcy or
insolvency law or under the reorganization provisions of any law, or when a
receiver of Developer, or of all or substantially all of the property of Developer, is
appointed without acquiescence, and such petition or appointment is not
discharged or stayed within 90 days after the happening of such event.
iii.If Developer makes an assignment of its property for the benefit of creditors
or files a voluntary petition under a bankruptcy or insolvency law, or seeks relief
under any other law for the benefit of debtors.
b.Remedies. If a Developer default occurs, the Town may, in its sole
discretion and without waiving any other rights under this Agreement or available to the
Town, cause construction of all or part of the Development to be completed and recover
appropriate damages from Developer. If the Town proceeds to complete the
Development, Developer shall, at the Town's request, promptly deliver a copy of all of
Developer's plans and specifications related to construction of the Development. In
addition to the specific remedies set forth herein, the Town shall have all other remedies
available at law or equity, and the exercise of one remedy shall not preclude the exercise
of any other remedy, and further provided that the expiration of this Agreement shall in no
way limit the Town's legal or equitable remedies, or the period in which such remedies
may be asserted, for work negligently or defectively performed:
c.Liquidated Damages. Because time is of the essence and delayed
performance constitutes a compensable inconvenience to the Town and its residents, the
liquidated damages established in this Section shall be enforced. The liquidated
damages provided hereunder shall not limit the Town's right to pursue other remedies
against Developer, at law or in equity, arising out of any default of Developer other than
delay. Liquidated damages may be deducted from any payment due to Developer. If the
liquidated damages exceed the amount owed to Developer, Developer shall reimburse
the Town within 30 days of notice thereof. The following liquidated damages shall apply:
For each day beyond the deadline set forth in Section 5.a. that construction is not
commenced, Developer shall be assessed the amount of $5,000 per day.
13.Town Default and Remedies.
a.Default. The following is a Town default of this Agreement: If the Town fails
perform any of its obligations under this Agreement other than its obligation to pay the
expenses and fees of the Development and fails to remedy the same within 30 days after
the Town is given a written notice specifying the same; provided that, if the nature of the
violation is such that it cannot reasonably be remedied within 30 days, and the Town
provides evidence to Developer that the violation cannot reasonably be remedied within
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30 days, then the violation shall be remedied as soon as reasonably practicable, but in
any case, within 90 days of the original notice of violation.
b.Remedies. If a Town default occurs, Developer shall have all remedies
available at law or equity, and the exercise of one remedy shall not preclude the exercise
of any other remedy, provided that Developer shall not have the remedy of specific
performance against the Town. Without limiting the generality of the foregoing, in the
event a Town default occurs, Developer may terminate this Agreement upon notice given
to the Town, without waiving any of its rights or remedies hereunder.
c.Additional Remedy for Nonpayment. Subject to Section 14.h. hereof, if any
Town payment is delinquent by 25 days or more, then Developer shall have the right to
stop work on the Development and charge Town for any actual, reasonable costs incurred
by Developer and caused by the Town's nonpayment. Subject to Section 14.h. hereof,
any costs due from the Town under this Section 13.c are not limited by the amount of the
Town Contribution. In addition, any time periods for Developer’s performance under this
Agreement shall be extended cumulatively by one day for each day that work is stopped.
14.Miscellaneous.
a.Modification. This Agreement may only be modified by subsequent written
agreement of the Parties.
b.Integration. This Agreement and any attached exhibits constitute the entire
agreement between Developer and the Town, superseding all prior oral or written
communications, including the Prior Agreement.
c.Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, successors and assigns.
d.Severability. If any provision of this Agreement is determined to be void by
a court of competent jurisdiction, such determination shall not affect any other provision
hereof, and all of the other provisions shall remain in full force and effect.
e.Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be
brought in Eagle County, Colorado.
f.Assignment. Developer may assign this Agreement to an entity formed by
Developer specifically for purposes of fulfilling its obligations under this Agreement. Other
than such initial assignment, there shall be no transfer or assignment of any of the rights
or obligations of Developer under this Agreement without the prior written approval of the
Town.
g.Third Parties. There are no intended third-party beneficiaries to this
Agreement.
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h.Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligations of the Town under this Agreement are specifically
contingent upon annual appropriation of funds sufficient to perform such obligations. This
Agreement shall never constitute a debt or obligation of the Town within any statutory or
constitutional provision. All obligations of Developer under this Agreement are specifically
contingent upon the Town appropriating sufficient funds.
i.No Joint Venture. Notwithstanding any provision hereof, the Town shall
never be a joint venture in any private entity or activity which participates in this
Agreement, and the Town shall never be liable or responsible for any debt or obligation
of any participant in this Agreement.
j.Independent Contractor. Developer is an independent contractor.
Notwithstanding any other provision of this Agreement, all personnel assigned by
Developer to perform work under the terms of this Agreement shall be, and remain at all
times, employees or agents of Developer for all purposes. Developer shall make no
representation that it is a Town employee for any purposes.
k.Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre-paid, first class United States Mail
to the Party at the address set forth on the first page of this Agreement.
l.Recording. This Agreement shall be recorded with the Eagle County Clerk
and Recorder. The benefits and obligations of the Parties under this Agreement shall run
with the land, and shall be binding on, and enforceable by, any subsequent holder of an
interest in the Improvements or in the Property.
m.Force Majeure. No Party shall be in breach of this Agreement if such Party's
failure to perform any of the duties under this Agreement is due to Force Majeure, which
shall be defined as the inability to undertake or perform any of the duties under this
Agreement due to acts of God, floods, fires, sabotage, terrorist attacks, strikes, riots, war,
labor disputes, pandemics or the authority and orders of government.
n.Legal Challenge. If a Legal Challenge occurs, this Agreement will remain
in full force and effect through and until the 31st day following entry of a final, non-
appealable order resolving such Legal Challenge, unless earlier terminated or modified
by a written amendment signed by the Parties. If a Legal Challenge occurs, all deadlines
and time requirements in this Agreement shall be tolled until such time as a final, non-
appealable order resolving such Legal Challenge is entered. If a Legal Challenge
successfully voids, enjoins, or otherwise invalidates this Agreement or a portion thereof,
the Parties shall cooperate to cure the legal defect in a manner that most fully implements
the intent and purpose of this Agreement; provided, however, that if the Parties do not
enter into a written agreement to cure the defect, either Party may terminate this
Agreement.
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WHEREFORE, the Parties have executed this Agreement as of the Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Russell Forest, Town Manager
ATTEST:
_________________________________
Stephanie Kauffman, Town Clerk
TRIUMPH TIMBER RIDGE, LLC
_______________________________
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to, and acknowledged before me
this ______ day of __________________, 2024, by _________________________ as
the _______________________ of Triumph Timber Ridge LLC.
My commission expires:
(S E A L)________________________________
Notary Public
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EXHIBIT A
Legal Description of Property
LOT 1, TIMBER RIDGE SUBDIVISION ACCORDING TO THE AMENDED FINAL PLAT
RECORDED APRIL 9, 2024 UNDER RECEPTION NO. 202403760, COUNTY OF
EAGLE, STATE OF COLORADO.
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Timber Ridge Village 5/2/24 EXHIBIT B
Triumph Development West
Exhibit B : GMP documents
GMP package of drawings as provided to Shaw Construction / Blue Corner Construction / Advanced Volumetric Alliance
Drawings / specs prepared by the TRV design team:3/18/24
Pure Design Architects - Architecture
Alpine Engineering - Civil
IMEG Structural Engineers - structure
PKMR Engineering - MEP
Outside Design - landscaping
Drawings sets
Building A - Construction set
Building B - Design Development set
Building C - Design Development set
Building D - Design Development set
Building E - Design Development set
Building F - Design Development set
Building G - Design Development set
Shaw Construction GMP Budget 4/18/24
Blue Corner Construction GMP Budget 4/17/24
Advanced Volumetric Alliance GMP Budget 4/17/24
Schofield Excavation - Abatement / Demo GMP Budget 4/19/24
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EXHIBIT
C
Development Costs - Timber Ridge Village
Costs:
Total Town Financial Contribution $50,969,768
includes Land Value, Town
Contribution, and Transit
Stop Cost
Land Value $10,446,722
Land value, loan repayment,
CDOT parcel purchase
Town Contribution $40,523,046 Sitework and garage
Transit Stop Cost -$1,908,277 (ToV non-reimbursed cost)
Vertical Construction $124,642,180
Developer Obligation (does
not include the sales and
marketing cost)
Total Estimated Development Cost $173,703,671
Sales:
Gross Sales Proceeds $191,307,210
(includes $1,176,000 of sales
and marketing cost)
Sales and Marketing Cost $1,176,000
Proceeds less sales costs $190,131,210
Construction Loan
Repayment $124,642,180
Remainder: to be split $65,489,030
Split:Town of Vail Developer
$38,614,769 $16,400,000
$49,061,491
NOTE: Estimated Development Cost and Sales as of 5/02/24
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DEED RESTRICTION AGREEMENT
FOR THE OCCUPANCY AND TRANSFER OF TIMBER RIDGE VILLAGE
RESIDENTIAL DWELLING UNITS
THIS DEED RESTRICTION AGREEMENT (the "Agreement") is entered into this
_______ day of _______________, 20__ (the "Effective Date") by and between the Town
of Vail, Colorado, a Colorado home rule municipality with an address of 75 South
Frontage Road, Vail, CO 81657 (the "Town"), and Triumph Timber Ridge LLC, a
Delaware limited liability company with an address of 105 Edwards Village Boulevard,
C201, Edwards, CO 81632 ("Triumph") (each a "Party" and collectively the "Parties").
WHEREAS, Triumph owns the real property described as Unit ___, Timber Ridge
Village, Town of Vail, Colorado (the "Property"), and together with the Town, has
developed the Property as part of the Timber Ridge Village employee housing
development;
WHEREAS, Triumph is selling the Property to a third party; and
WHEREAS, prior to such sale, the Parties wish to permanently restrict the
occupancy, use and resale of the Property.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is mutually acknowledged, the
Parties agree as follows:
1.Property. The Property is hereby burdened with the covenants and restrictions
specified in this Agreement, in perpetuity.
2.Definitions. For purposes of this Agreement, the following terms shall have the
following meanings:
a.Guidelines means the current version of the Timber Ridge Village Employee
Housing Guidelines adopted by the Town. The version adopted as of the Effective Date
is attached hereto as Exhibit 1 and incorporated herein by this reference.
b.Owner means any person who acquires an ownership interest in the
Property.
c.Principal Place of Residence means the home or place in which one's
habitation is fixed and to which one has a present intention of returning after a departure
or absence therefrom. In determining what is a Principal Place of Residence, the Town
shall consider the criteria set forth in C.R.S. § 31-10-201(3), as amended.
d.Qualified Occupant means an individual who: works an average of 30 hours
or more per week at a business in Eagle County, Colorado that holds a valid and current
business license, or pays sales taxes, or is otherwise generally recognized as a legitimate
business; and earns at least 75% of their income from such business. For example, if an
individual worked 60 hours per week for one half of the year at such a business in Eagle
County, Colorado, and worked elsewhere for the other half of the year, such person would
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be a Qualified Occupant. A Qualified Occupant also includes an individual who: was a
Qualified Occupant when the individual purchased the Property, but then retired while
owning the Property; was 60 years of age or older at the time of retirement; for the 5 years
immediately prior to retirement, worked an average of 30 hours or more per week at a
business in Eagle County, Colorado that held a valid and current business license, or paid
sales taxes, or was otherwise generally recognized as a legitimate business; earned at
least 75% of their income from such business during such 5-year period; and does not
work for a business outside of Eagle County, Colorado.
e.Transfer means any sale, conveyance, assignment or transfer, voluntary or
involuntary, of any interest in the Property, including without limitation a fee simple
interest, a joint tenancy interest, a life estate, a leasehold interest and an interest
evidenced by any contract by which possession of the Property is transferred and an
Owner retains title; provided that the lease of a room or rooms within the Property to a
Qualified Occupant in accordance with this Agreement shall not constitute a Transfer.
3.Occupancy Restrictions.
a.The Property shall be continuously occupied by at least one Qualified
Occupant as their principal place of residence. For purposes of this Agreement, the
Property will be considered to be continuously occupied if the Property is not vacant for
more than 90 total days in any calendar year.
b.No business activity shall occur on or within the Property, other than as
permitted within the zone district applicable to the Property.
c.Occupancy of the Property shall comply with the Guidelines at all times.
4.Transfer.
a.An Owner shall first notify the Town that the Owner wishes to Transfer the
Property. The Town shall have the first option to purchase the Property, exercisable within
a period of 15 days after receipt of notice, and if the Town exercises its right and option,
the Town shall purchase the Property from the Owner for fair market value.
b.Should the Town determine not to purchase the Property, the Owner may
list the Property for sale.
c.At closing, the buyer shall execute, in a form satisfactory to the Town and
for recording with the Eagle County Clerk and Recorder, a document acknowledging this
Deed Restriction and expressly agreeing to be bound by it.
5.Consensual Lien; Right to Redeem. For the purpose of securing performance
under this Agreement and creating in favor of the Town a right to redeem in accordance
with Part 3 of Article 38 of Title 38, C.R.S., as amended, Triumph hereby grants to Town
a consensual lien on the Property. Such lien shall not have a lien amount.
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6.Breach.
a.It shall be a breach of this Agreement for an Owner or a Qualified Occupant
to violate any provision of this Agreement, or to default in payment or other obligations
due to be performed under a promissory note secured by a first deed of trust encumbering
the Property.
b.If the Town has reasonable cause to believe that an Owner is violating this
Agreement, the Town may inspect the Property between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, after providing the Owner with 24 hours written notice. This
Agreement shall constitute permission to enter the Property during such times upon such
notice.
c.If the Town discovers a violation of this Agreement, the Town shall notify
the Owner of the violation and allow 15 days to cure.
7.Remedies.
a.Any Transfer in violation of this Agreement shall be wholly null and void and
shall confer no title whatsoever upon the purported buyer. Each and every Transfer, for
all purposes, shall be deemed to include and incorporate by this reference the covenants
contained in this Agreement, even if the Transfer documents fail to reference this
Agreement.
b.The Town may pursue all available remedies for violations of this
Agreement, including without limitation specific performance or a mandatory injunction
requiring a Transfer of the Property, with the costs of such Transfer to be paid out of the
proceeds of the sale.
c.Upon request by the Town, each Owner authorizes the holder of any
mortgage or deed of trust against the Property to disclose to the Town if any payments
due are delinquent and the duration and amount of such delinquency.
d.In addition to the specific remedies set forth herein, the Town shall have all
other remedies available at law or equity, and the exercise of one remedy shall not
preclude the exercise of any other remedy.
8.Foreclosure.
a.The Owner shall notify the Town, in writing, of any notification received from
a lender of past due payments or defaults in payments or other obligations within 5 days
of receipt of such notification.
b.The Owner shall immediately notify the Town, in writing, of any notice of
foreclosure under the first deed of trust or any other subordinate security interest in the
Property, or when any payment on any indebtedness encumbering the Property is
required to avoid foreclosure of the first deed of trust or other subordinate security interest
in the Property.
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c.Within 60 days after receipt of any notice described herein, the Town may
(but shall not be obligated to) proceed to make any payment required to avoid foreclosure.
Upon making any such payment, the Town shall place a lien on the Property in the amount
paid to cure the default and avoid foreclosure, including all fees and costs resulting from
such foreclosure.
d.Notwithstanding any other provision of this Agreement, in the event of a
foreclosure, acceptance of a deed-in-lieu of foreclosure, or assignment, this Agreement
shall remain in full force and effect.
e.The Town shall have 30 days after issuance of the public trustee's deed or
the acceptance of a deed in lieu of foreclosure by the holder in which to purchase by
tendering to the holder, in cash or certified funds, an amount equal to the redemption
price which would have been required of the borrower or any person who might be liable
upon a deficiency on the last day of the statutory redemption period(s) and any additional
reasonable costs incurred by the holder related to the foreclosure.
9.Miscellaneous.
a.Modification. This Agreement may only be modified by subsequent written
agreement of the Parties; provided that, if the Town obtains title to the Property, the Town
may modify or terminate this Agreement at any time.
b.Integration. This Agreement and any attached exhibits constitute the entire
agreement between the Parties, superseding all prior oral or written communications.
c.Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the Parties and their respective heirs, successors and assigns.
d.Severability. If any provision of this Agreement is determined to be void by
a court of competent jurisdiction, such determination shall not affect any other provision
hereof, and all of the other provisions shall remain in full force and effect.
e.Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be
brought in Eagle County, Colorado.
f.Third Parties. There are no intended third-party beneficiaries to this
Agreement.
g.No Joint Venture. Notwithstanding any provision hereof, the Town shall
never be a joint venture in any private entity or activity which participates in this
Agreement, and the Town shall never be liable or responsible for any debt or obligation
of any participant in this Agreement.
h.Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre-paid, first class United States Mail
to the Party at the address set forth on the first page of this Agreement, or, if the Property
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has been transferred to a subsequent Owner, to the Owner's address on file with the
Eagle County Assessor.
i.Recording. This Agreement shall be recorded with the Eagle County Clerk
and Recorder. The benefits and obligations of Triumph under this Agreement shall run
with the land, and shall be binding on any subsequent holder of an interest in the Property.
j.Savings Clause. If any of the terms, covenants, conditions, restrictions,
uses, limitations, obligations or options created by this Agreement are held to be unlawful
or void for violation of: the rule against perpetuities or some analogous statutory
provision; the rule restricting restraints on alienation; or any other statutory or common
law rules imposing like or similar time limits, then such provision shall continue only for
the period of the lives of the current duly elected and seated members of the Vail Town
Council, their now living descendants, if any, and the survivor of them, plus 21 years.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Russell Forrest, Town Manager
ATTEST:
_____________________________
Stephanie Kauffman, Town Clerk
TRIUMPH
By: ________________________________
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of ___________________, 2024, by ________________as
_____________ of Triumph Timber Ridge LLC.
Witness my hand and official seal.______________________________
Notary Public
(S E A L)
My commission expires:
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EXHIBIT 1
TIMBER RIDGE VILLAGE EMPLOYEE HOUSING GUIDELINES
1.General. These Guidelines are intended to supplement the Deed Restriction
Agreement for the Occupancy and Transfer of the Timber Ridge Village Residential
Dwelling Units (the "Deed Restriction"). These Guidelines may be updated by Town staff
as necessary, and the current version of these Guidelines shall always control over any
prior version. In the event of any conflict between these Guidelines and the Deed
Restriction, the Deed Restriction shall control.
2.Occupancy.
a.Leasing. Each lease shall include a clear reference to the Deed Restriction
and a brief summary of the Deed Restriction, and shall by reference incorporate the terms
and conditions of this Deed Restriction. No lease shall be for a period of less than 30
days.
b.Occupants. Each adult individual occupying the Property shall be named
in a lease, and no other occupants are permitted. An individual shall be considered to be
occupying the Premises if the individual reasonably appears to be using the Property as
a place to live. Indications of occupancy shall include without limitation: coming and
going to the Property with the use of a key, providing any third-party with the address of
the Property as that person's residential address, receiving mail or deliveries at the
Property, keeping clothes or personal effects at the Property, commonly being present in
the Premises, or commonly parking a vehicle at or near the Property. An individual may
establish unauthorized occupancy of the Premises even if they own or lease other real
property.
c.Leave of Absence. The Town may grant a leave of absence to a Owner for
up to one year, upon clear and convincing written evidence that shows a reason for
leaving and a commitment to return to the Property. Such written evidence shall be
presented to the Town at least 30 days prior to leaving. The leave of absence may, in
the sole discretion of the Town, be extended for up to 2 years. During the leave, the
Property must be rented to one or more Qualified Occupants in accordance with the Deed
Restriction.
c.Disability. Should a Qualified Occupant become an individual with a
disability and, because of such disability, be unable to meet the requirements of the Deed
Restriction to remain a Qualified Occupant, the Qualified Occupant shall notify the Town,
in writing, of the nature of the disability. If the disability is permanent, the Qualified
Occupant shall remain a Qualified Occupant despite the disability. If the disability is
temporary and the Qualified Occupant becomes able to return to work, then to remain a
Qualified Occupant, the Qualified Occupant must return to work when the disability
ceases. Notwithstanding anything to the contrary in these Guidelines or the Deed
Restriction, the Town will make all reasonable accommodations necessary under the
Americans with Disabilities Act.
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7
5/3/2024
C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@240B1183\@BCL@240B1183.DOCX
3.Annual Verification.
a.Affidavit. No later than February 1
st of each year, each Owner shall submit
a sworn affidavit, on a form provided by the Town,verifying thatthe Property wasoccupied
in accordance with the Deed Restriction and these Guidelines for the prior calendar year.
b.Additional Documentation. The affidavit shall be accompanied by the
following supporting documentation:
i.Verification of each Qualified Occupant's current employment and
employment during the prior year (paystubs with employer's name, address and
contact information);
ii.Signed authorization allowing the Town to discuss employment details with
each Qualified Occupant's employer;
iii.Each Qualified Occupant's federal income tax return from the prior year,
together with an executed Internal Revenue Service Form 8821 or equivalent;
iv.Copies of all leases of the Property during the prior year; and
v.Any other documentation deemed necessary by the Town to aid in the
verification of compliance with the Deed Restriction.
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Timber Ridge Village 5/2/24 EXHIBIT E
Triumph Development West Begin Date End Date Notes
Design and Entitlement
Finalize GMP pricing 4/15/24 4/30/24 Triumph / TOV to finalize project budget
Confirm Business interest and unit type 4/22/24 4/30/24 Discussions with Businesses on timing / process / sequence
Approval of DA / Deed Restriction language with Town of Vail
Council 5/7/24 5/7/24
Approval of these documents allows the PSA agreements to be sent to
Business buyers.
Purchase Agreements / pricing options distributed to Businesses
with reservations. First to reserve, first to receive.5/15/24
All purchasing contracts / building - residence location / pricing
options sent to each business with reservation
Launch of the sales website for Timber Ridge Village 5/15/24 Launch of website with sales options (residence / parking)
Business Residence selections 6/12/24 Executed contracts and final non-refundable deposits due
Close construction loan 6/17/24 6/28/24
Approval of PSA packages by TOV, sent to Businesses, contracts
returned in excess of 90m per lender to set closing date.
Estimated Start Abatement / Demo phase 6/24/24 7/8/24
Mobilization of contractors for this first phase of work - this date is
critical for future milestones to be met.
Start of grading / site work
90 days
following start
of abatement /
demo Start of earthwork / utilities / excavation
Estimated closing week for Residences in Building A 11/17/25 12/31/25 Scheduled close dates for Building A
Estimated closing week for Residences in Building B 1/4/26 2/23/26 scheduled close dates for Building B
Estimated closing week for Residences in Buildings E / F 3/30/26 4/30/26 Scheduled close dates for Buildings E / F
Estimated closing week for Residences in Buildings C / D / G 6/22/26 8/15/26 Scheduled close dates for Building C / D / G
85
Timber Ridge Village 5/2/24 EXHIBIT F
Triumph Development West
Town of Vail Residences Number Description
residence purchase
price parking #parking type
parking purchase
price Notes
Residences locatoin
1281 N Frontage Road W, Vail CO 81657
Residence description
Building C C101 3 BD/ 2BA $887,910 114 Surface $10,000
Building D D101 2 BD / 2BA $632,647 180 Garage $25,000
D102 3 BD/ 2BA $887,910 181 Garage $25,000
D103 1 BD / 1BA $415,369 302 Lions Ridge Loop $5,000
D105 2 BD / 2BA $629,209 166 Surface $10,000
D107 1 BD / 1BA $415,369 301 Lions Ridge Loop $5,000
D201 2 BD / 2BA $646,400 167 Surface $10,000
D203 1 BD / 1BA $424,448 300 Lions Ridge Loop $5,000
D205 2 BD / 2BA $642,962 168 Surface $10,000
D207 1 BD / 1BA $424,448 299 Lions Ridge Loop $5,000
D301 2 BD / 2BA $663,592 182 Garage $25,000
D303 1 BD / 1BA $438,067 298 Lions Ridge Loop $5,000
D305 2 BD / 2BA $663,592 169 Surface $10,000
D307 1 BD / 1BA $438,067 297 Lions Ridge Loop $5,000
Building F F102 Studio $388,694 261 ADA - garage $25,000 Type A - Accessible residence
F103 Studio $359,247 313 Lions Ridge Loop $5,000
F104 1 BD / 1 BA $453,955 279 Surface $10,000 Type B - Adaptable residence
F105 1 BD / 1 BA $415,369 314 Lions Ridge Loop $5,000
F106 2 BD / 2 BA $687,660 275 Surface $10,000
F107 2 BD / 2 BA $629,209 276 Surface $10,000
F108 Studio $392,620 315 Lions Ridge Loop $5,000
F109 Studio $359,247 316 Lions Ridge Loop $5,000
F206 2 BD / 2 BA $694,537 277 Surface $10,000
F207 2 BD / 2 BA $639,524 278 Surface $10,000 Type B - Adaptable residence
F401 3 BD / 2 BA $887,910 233 Garage $25,000
F411 3 BD / 2 BA $887,910 234 Garage $25,000
F501 3 BD / 2 BA $901,229 235 Garage $25,000
Building G G101 2 BD / 2 BA $660,394 115 Garage $25,000
G103 1 BD / 1 BA $435,797 116 Garage $25,000
G105 1 BD / 1 BA $435,797 117 Garage $25,000
G107 2 BD / 2 BA $660,394 118 Garage $25,000
G201 2 BD / 2 BA $674,152 119 Garage $25,000
G203 1 BD / 1 BA $444,876 120 Garage $25,000
G205 1 BD / 1 BA $444,876 121 Garage $25,000
G207 2 BD / 2 BA $674,152 122 Garage $25,000
G301 2 BD / 2 BA $681,031 123 Garage $25,000
G303 1 BD / 1 BA $449,415 124 Garage $25,000
G305 1 BD / 1 BA $449,415 125 Garage $25,000
G307 2 BD / 2 BA $681,031 126 Garage $25,000
G401 2 BD / 2 BA $694,789 127 Garage $25,000
G403 1 BD / 1 BA $458,495 128 Garage $25,000 Type B - Adaptable residence
G405 1 BD / 1 BA $458,495 129 Garage $25,000
G407 2 BD / 2 BA $694,789 130 Garage $25,000
Purchase price $24,904,999 $725,000
Total purchase price $25,629,999 Residences and parking
86
Timber Ridge
Village
Redevelopment
Resolution No. 17, Series
of 2024
Development Agreement
Presentation
May 7, 2024
Timber Ridge
Village
Redevelopment
Resolution No. 17, Series
of 2024
Development Agreement
Presentation
May 7, 2024
PRESENTATION BY:
George Ruther, ToV Housing
Director
Mike Foster,
Triumph Timber Ridge, LLC
87
PURPOSE
Town of Vail | Timber Ridge Redevelopment | vail.gov
•Present Resolution No. 17,
Series of 2024, authorizing
the Town Manager to sign
a development agreement
with Triumph Timber
Ridge, LLC to develop the
new Timber Ridge Village
88
TOPICS FOR PRESENTATION & DECISION-MAKING
• Resolution No. 17, Series of 2024
• Project Description
• Development agreement terms
• program
• funding, financing and existing
debt
• timing and schedule
• Next steps
• construction loan closing
• pre-sales and marketing
•www.timberridgeredvelopment.
com
• Recommendation
Town of Vail | Timber Ridge Redevelopment | vail.gov
89
REDEVELOPMENT GOALS & OBJECTIVES
• Seize the full opportunity
• Deed-restricted homes are the highest priority
• Optimize this housing opportunity
• Minimize the impacts of the short-term loss of homes
• A market study shall drive the program and design
• Environmental stewardship is a community value
• Cost is a key consideration
• Time is of the essence
• Prioritize homes over cars
• Lead by example
Town of Vail | Timber Ridge Redevelopment | vail.gov
90
RESOLUTION NO. 17, SERIES OF 2024
Town of Vail | Timber Ridge Redevelopment | vail.gov
•Approve an amended and restated
development agreement
•Replaces and supersedes Resolution
No. 19 Series of 2023 (“Prior
Agreement”)
•The Resolution becomes effective
immediately upon passage
•Development agreement becomes
effective upon mutual execution
91
PROJECT DESCRIPTION
Town of Vail | Timber Ridge Redevelopment | vail.gov
•New and re-imagined residential
development targeted to provide
homes for local Vail residents
•100% Deed-restricted, for-sale
residential development.
•294 homes in seven new buildings
•555 bedrooms total (+359 bedrooms)
•332 enclosed, surface, and on-street
parking spaces
•38 guest parking spaces
•Indoor bicycle storage
•Private secured owner storage locker
•Outdoor roof top decks with indoor
community rooms
•100% electrification and energy star
rated appliances
•Professional on-site management
•New public transit stop
92
DEED RESTRICTION TERMS
Town of Vail | Timber Ridge Redevelopment | vail.gov
•Employed 30 hours per week on
annualized basis at a business located
within Eagle County.
•75% of annual income from Eagle
County business.
•Qualified Occupant requirement.
•Annual EHU compliance obligation.
•No annual maximum sales price
appreciation cap.
•Town of Vail 15-day first option to
purchase.
•Deed restriction acknowledgement
form at closing.
•No lease period less than 30 days
•All adult occupants named on the
lease.
•Retirement provision effective at age
60
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DEVELOPMENT AGREEMENT TERMS
Town of Vail | Timber Ridge Redevelopment | vail.gov
• The Town of Vail (“Town”) contributes $10.44M in land value and $38.5M in
“seed money” to fund the horizontal development to ready the site for vertical
development.
• The title to the land transfers to Triumph Timber Ridge, LLC (“Triumph”) upon
closing of the construction lender financing.
• Triumph is a developer-at-risk for the delivery of the 294 new homes.
• New homeowners receive a 12-month builder’s warranty effective upon closing.
• Financing is guaranteed by Triumph and funded by the construction lender with
a “seed money” and land value equity investment from the Town.
• The construction lender is the first to be repaid, the Town and Triumph are
second to be repaid for “seed money” and profit at 70%-30% split, and the
Town is then third to be paid for the land value.
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DEVELOPMENT AGREEMENT TERMS…cont
Town of Vail | Timber Ridge Redevelopment | vail.gov
• In the event of unsold homes, the value of the homes shall serve to repay the
Town’s investment.
• The Town shall purchase 43 homes as specified in Exhibit G
• Triumph shall be subject to liquidated damages, to the benefit of the individual
home buyers, for failure to deliver certificates of occupancy according to the
closing and possession dates established in a purchase and sale agreement.
• Milestone Project Schedule:
$90M - $95M in pre-sales required
Construction Start – June 24, 2024
First Occupancy – November 1, 2025
Phased Occupancy – Through June, 2026
See Exhibit E for Schedule details
95
SUMMARY OF REVENUE AND COST
Town of Vail | Timber Ridge Redevelopment | vail.gov
The following amounts summarize the estimated development costs and
revenue associated with the new development:
Total Estimated Gross Development Revenue: $191M
Estimated Closing Sales & Administration Cost: $1.18M
Total Net Sales Proceeds Revenue: $191M
Total Estimated Development Cost: $174M
o Triumph Contribution
Vertical Construction Financing – ($125M)
Total Estimated Net Sales Proceeds: $65.5M to be split 30% Triumph -
70% ToV
o Triumph Compensation - $16.4M
o ToV Total Contribution - $50.9M
Closing cost, Land value, CDOT land acquisition, Existing debt
($10.44M)
Horizontal Construction (ToV) – ($38.5M)
* See Exhibit C, Amended and Restated Development Agreement for more detail
96
WATERFALL OF REPAYMENT
Town of Vail | Timber Ridge Redevelopment | vail.gov
$191M Net Sales Proceeds
(NSP)
#2
Town and Triumph at 70%-
30% split NSP
($38.5M and $16.4M)#3
Town
100% NSP
($10.44M)#4
Triumph and Town at 85%-
15%split of any savings
($??)
#1
Construction Debt
100% NSP
( $126M)
Repayments
made in cash and
value of homes in
lieu
97
NEXT STEPS
Town of Vail | Timber Ridge Redevelopment | vail.gov
•Launch Timber Ridge Village webpage
www.timberridgeredevelopment.com
•Finalize the Purchase and Sales
Agreement marketing materials
•Contact business buyers to begin the
home purchase selection process with
contract execution
•Finalize construction loan
commitment and closing
•Verify market assumptions
•Commence redevelopment of Timber
Ridge Village
98
NEXT STEPS
Town of Vail | Timber Ridge Redevelopment | vail.gov
The development agreement
achieves the development goals and
objectives affirmed by the Vail Town
Council at the start of the Timber
Ridge Redevelopment process.
The Timber Ridge Redevelopment
Committee recommends the Vail
Town Council approves Resolution
No. 17, Series of 2024, as
presented.
99
AGENDA ITEM NO. 6.2
Item Cover Page
DATE:May 7, 2024
TIME:15 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Consent Agenda
AGENDA SECTION:Action Items
SUBJECT:Resolution No. 20, Series of 2024, A Resolution Adopting the
Town of Vail Design Review Board and Planning and
Environmental Commission Application Fee Schedule
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 20,
Series of 2024.
PRESENTER(S):Greg Roy, Planning Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo 5-7-24- Resolution No. 20, Series of 2024
Attachment A. Resolution No. 20 Series of 2024 - Planning Fees
100
To: Vail Town Council
From: Community Development
Date: May 7, 2024
Subject: Resolution No. 20, Series of 2024 - Planning Application Fees Update
I. SUMMARY
The Town charges application fees for the review of Planning applications. Planning
applications include all the applications that are associated with the Town’s Design
Review Board and Planning and Environmental Commission. The fees collected offset
the cost of staff’s time to review the applications. These fees were last updated in 2001.
Since that time, the Town of Vail’s costs to review these applications have increased,
and an update to the fees is recommended.
The purpose of this work session is to update Council on the recommended increases
and adopt a new fee schedule by Resolution.
II. FEE SCHEDULE - PLANNING
At the March work session with Council staff was directed to explore fee options that
shared the development review costs on a 50/50 basis with applicants, as well as the
option for a 100% recovery of the review costs. Further analysis was done on the cost
of staff time and was incorporated into the fee discussion.
The request at the first April meeting was to set Design Review Board (DRB) fees at a
rate of 75% of the cost to review these applications with a few exceptions for conceptual
applications and tree removals. For Planning and Environmental Commission
applications the fees were decided to be set to collect 100% of the estimated cost to
review the application. At the April 16th meeting, Town Council determined that DRB
applications should also come in at 100% of the cost to review.
101
It was also discussed that a new application type could be created to include items that
are simple and do not take a lot of staff time to review. Based on that feedback Staff
added a “Small Projects” application. What projects will qualify for that application will
be determined, with the goal that they will be ones that are simplistic, small in scope,
and take minimal time to review.
III. RECOMMENDATION
Staff recommends the Council approve Resolution No. 20, Series of 2024.
IV. ATTACHMENTS
Attachment A. Resolution No. 20, Series of 2024
102
Resolution 5, Series of 2006
RESOLUTION NO. 20
Series of 2024
A RESOLUTION ADOPTING THE TOWN OF VAIL DESIGN REVIEW BOARD AND
PLANNING AND EVIRONMENTAL COMMISSION APPLICATION FEE SCHEDULE
WHEREAS, the Town Council wishes to update the current fee schedule concerning the
processing applications submitted to the Community Development Department, including those
applications considered by the Town’s Design Review Board and Planning and Environmental
Commission; and
WHEREAS, pursuant to the Vail Town Code, the adopted fee schedule, attached hereto
as Exhibit A and incorporated herein by this reference (the “Fee Schedule”), is intended to
cover the cost of Town staff time, consultant fees and incidental expenses.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
Section 1. The Town Council hereby adopts the Fee Schedule, which shall be kept on file
for public inspection in the office of the Town Clerk and which may be amended from time to
time by resolution of the Town Council.
Section 2. This Resolution shall become effective on August 1, 2024.
INTRODUCED, READ, APPROVED AND ADOPTED This 7th day of May, 2024.
Travis Coggin
Mayor, Town of Vail
ATTEST:
Stephanie Kauffman
Town Clerk
103
Exhibit A
DRB Application Name Fee
Addition $1,225
Exterior Alteration $500 Multi-Family/Commercial
$325 Single-Family/Duplex
Changes to Approved Plans $180
Conceptual Review $0
New Construction $1,925
Separation Request $0
Sign Application $325 Plus $1.00 per square foot of
total sign area
Tree Removal $0
Wildlife Resistant Enclosure $50 Multi-Family/Commercial
$20 Single-Family/Duplex
Small Project* $30
PEC Application Name Fee
Conditional Use Permit $1,150
Development Plan $1,900 - establishment of a Plan
$650 - Amendment of a Plan
Exemption Plat $775
Flood Plain Modification $300
Exterior Alteration - Major $1,100
Exterior Alteration - Minor $1,100
Subdivision Review - Major $1,100 Plus $20 per platted lot
Subdivision Review - Minor $1,050
Change in District Boundary (Rezoning) $2,275
Special Development District $6,150 - New SDD
$3,725 - Major amendment to an SDD
$1,250 - Major Amendment to an SDD
w/o exterior modifications
$1,525 - Minor Amendment to an SDD
Variance $1,650 - All others
$450 - Recycling Exemption Request
$500 - Sign
Zoning Code Amendment/ Comprehensive Plan
Amendment
$2000**
Administrative Application Name Fee
104
Plat Amendment $100 - SFR/Dup/Condo/TH Correction
Home Occupation $0
Staff Determination $200
Town Council Fee
Appeal $1000**
Permission to Proceed $0
Employe Housing Deed Restricted Unit Exchange $0
105
AGENDA ITEM NO. 6.3
Item Cover Page
DATE:May 7, 2024
TIME:10 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Resolution No. 21, Series of 2024, A Resolution of the Vail Town
Council Approving the Adoption of the Town of Vail Strategic
Plan
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution 21, 2024.
PRESENTER(S):Russell Forrest, Town Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Strategic Plan Memo May 7
Resolution Strategic Plan 2024
Town of Vail Strategic Plan 2024 version A.docx
106
To:Vail Town Council
From:Russell Forrest, Town Manager
Date:May 7, 2024
Subject: 2024 Strategic Plan
_______________________________________________________________________________
1.PURPOSE AND INTRODUCTION
This Strategic Plan’s purpose is to create real and meaningful results to address the
important issues identified by our residents in community surveys, plans, and community
conversations. This Strategic Plan, once approved, will provide a framework to align both
human and financial resources to achieve critical results in addressing our community’s
most important issues.
On February 26 and 27, 2024, the Town Council worked together to update the town’s
mission, identify priority issues, and outline strategic results included in this plan. The
planning session started with a review of feedback received by 5 focus groups and a
summary of public input from community and guest surveys, feedback from a recent
branding study, and Vail’s Stewardship Roadmap.
On April 2, 2024 staff reviewed and received feedback from the Town Council on the draft
strategic plan including the mission statement, priority issues, and results identified on
February 26 and 27. Staff still needs final direction on Strategic Priority E. This can be
framed under the heading of “Governance”, but staff believes it would read better by
utilizing the title Environmental Sustainability and moving E.4 related to the Town providing
excellent customer service to Authentic Vail Experience since this is related to economic
development and the experience we provide to guests and residents.
Based on direction from the work session, staff would update the plan for approval in the
evening via Resolution 21 , Series of 2024. If more extensive changes are needed, we can
approve the plan on May 21st.
2.ACTION REQUSTED OF COUNCIL
Council is requested to provide feedback on the draft strategic plan in the afternoon. If only
minor changes are provided, staff will update the plan to reflect those changes for the
evening meeting and consideration for approval of the Strategic Plan via Resolution 21,
Series of 2024.
107
Town of Vail Page 2
Attachment 1: Resolution 21, Series of 2024
Attachment 2: Town of Vail Strategic Plan
108
RESOLUTION NO. 21
SERIES 2024
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING THE TOWN OF
VAIL STRATEGIC PLAN
WHEREAS, the Vail Town Council constitutes the governing body of the Town and is
empowered to adopt laws, ordinances and resolutions consistent with the authority of the
Municipal Home Rule Charter and Colorado Revised Statutes;
WHEREAS, the Vail Town Council received significant public input on strategic
priorities from Town of Vail residents, students, business owners, and guests through the
public process that occurred with the 2023 Vail Stewardship Roadmap, 2022 Community
Survey, post-visit guest surveys and multiple other public outreach programs;
WHEREAS, the Vail Town Council and Staff worked to refine the strategic results and
strategies established from the 2018-2020 Council Action Plan;
WHEREAS, the Strategic Plan identifies the strategic priorities and results the Vail
Town Council will achieve in the next one to five years and will provide strategic direction for
decision-making including resource allocation during the development of the annual budget
and establishment of department and employee work plans;
WHEREAS, the Strategic Plan allows for continuity during changes in leadership,
provides a means to align Council strategic results with the Town budget and human
resources and causes decision-making to be proactive rather than reactive; and
WHEREAS, adoption of the Strategic Plan advances efforts to protect the health
safety, and welfare of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE VAIL TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.The Vail Town Council hereby adopts, by reference, the Town of Vail Strategic
Plan, dated May 7, 2024, which shall be kept on file in the office of the Town Clerk.
Section 2.This Resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED This 7th day of May, 2024.
___________________________
Travis Coggin
Mayor, Town of Vail
ATTEST:
Stephanie Kauffman
Town Clerk
109
1
110
2
Town of Vail
Five Year Strategic Plan
1. PURPOSE AND INTRODUCTION
This Strategic Plan’s purpose is to create real and meaningful results for our residents, businesses, and
guests to address the most important issues identifiedin community surveys, plansandcommunity
conversations. This Strategic Plan, once approved, will provide a framework to align both human and
financial resources to achieve critical results in addressing our community’s most important issues.
On Feb. 26 and 27, 2024, the Town Council met and created the mission, priority issues, and strategic
results included in this plan. The planning session started with a review of feedback received by five
focus groups, as well as feedback from community and guest surveys, a recent branding process, and
the Vail’s Stewardship Roadmap project.
2. MISSION AND VISION
The mission or purpose of the Town of Vail defines why we exist as a local government in serving our
residents, businesses, and guests. Our vision provides a direction and destination of where, as a
community, we want to move towards in the future. InFebruary2024,the TownCouncil articulatedthe
following mission:
The Mission of the Town of Vail is to provide exceptional public services, to people who live,
work, and play here so they can connect to the community and to nature, create memories, find
opportunities to thrive, and have the time of their lives.
The Town of Vail’s vision is:
To be the premier mountain resort community in the world.
3. FEEDBACK AND ISSUES
Staff compiled themes from the town’s most recent surveys, including the biennial Vail Community
Survey last fielded in the spring of 2022; surveys conducted in the summer of 2022 to help shape Vail’s
Stewardship Roadmap;and post-visit guest surveys from winter 2022/2023 and summer 2023.
“Housing” ranks as the topic of highest concern in all resident surveys, with overall “Affordability”
ranking highest with guests. “Parking” is the most frequent theme that crosses both resident and guest
surveys.
Surveys fielded to both Vail residents and down valley residents as part of Vail’s Stewardship Roadmap
process indicated “Housing” was by far the top concern for both groups, though the down valley
response was even more intense (9.42/10.0) than Vail residents' (8.60/10.0). Both identified “Parking
Pressures” as their second-most concerning issue, followed by “Crowding and Damage to Trails.” Vail
residents felt more strongly about Crowding and Damage to Trails, while Parking Pressures were more
111
3
concerning for down valley residents. Both rated their fifth-ranked concern --"Loss of a Sense of
Community" -- at nearly the identical level of intensity.
While overall affordability was of greatest concern, guest surveys indicate parking is a factor affecting
their likelihood to return to Vail and to recommend Vail to others. Guests cite both cost and availability
as concerns; however, parking still received a net positive score in both summer and winter surveys.
It should be noted that as part of the Vail Community Survey, the previous Town Council requested
input on a series of potential priorities they identified for evaluation. As in 2020, the single highest rated
priority in terms of average score was given to “Actions to protect and enhance Gore Creek,” followed
by “Actions to protect wildlife habitat.”
However, a follow-up question asked, “Which two actions from the previous question are most
important to you?” Respondents chose their top two priorities from the overall list. When asked in this
way, “Housing for resident occupied households” was at the top of the list, followed by “Actions to
protect wildlife habitat” and “Actions to protect and enhance Gore Creek.”
The Town also reviewed demographic and housing data. A key finding was that there are approximately
1,336 free market resident occupied homes out of a total of 7,206 dwelling units in Vail. This number
has been decreasing over time due to real estate and economic trends. Vail has plenty of housing stock
but it is rarely available to employees in the Town. The median sales price of a home is $2 million in Vail
and the median household income is $96,667. An affordable home based on national standards (30% of
your income going for a mortgage) for a household income of $96,667 would be about $400,000 to
$425,000.
Prior to the strategic planning session at the end of February 2024, the Town held 5 focus groups and
the facilitator for this process met with each Town Council member. In both the business and resident
focus groups care was taken to ensure a diversity of individuals, including new and long-standing
residents, new and established businesses, and young leaders that had both been raised in the valley
and those who are new and trying to figure out how to navigate life in Vail. All shared that making a life
in a mountain town is very challenging and a certain pioneering spirit and tenacity is required to make a
living in the valley. These focus groups included representation from:
A group of long time and new residents of the Town of Vail
Business leaders
Young adults and service employees
Town department directors
Town employees
A common theme came out of all five focus groups which involved ensuring we have a strong
community so that we continue to have outstanding customer service and support our resort economy.
The notes from these five focus groups can be found in the packet materials for Feb. 26, 2024. It should
be noted that the themes and priorities from the focus groups are consistent with feedback received
from survey data. However, the emphasis on community is an important message that was reinforced in
the focus groups. Based on the feedback the Town received, creating a strong community includes:
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4
Creating a continuum (rental to for-sale) of new community housing opportunities to not only
support new service employees but also managers who have families,
Preventing the loss of full time local occupied housing,
Accessibility of transit and parking is critical to our employees,
Creating a fun environment for younger and older generations,
Creating places for the community to connect (recreation center, Dobson/more Yeti games, library,
fun community events and entertainment),
Supporting and creating new childcare opportunities,
Support younger entrepreneurs in creating new businesses in Vail (West Vail could be an
opportunity for this),
Providing leadership andmanagement training to support the growth of the next generation of
leaders in our community.
The message of “community first” to support a strong tourism community was consistent across these
focus groups and provides a reason why creating housing is a critical goal; however, additional programs
and initiatives are needed to support the next generation of business and community leaders.
4. 2024STRATEGICPLAN
The following section includes the Mission, Priority Issues, and Results from the Feb. 26 and 27, 2024
planning session.
Mission: The mission describes our purpose and the fundamental services we provide to the community
and the desired impact of those services.
The mission of the Town of Vail is to provide exceptional public services to people who live, work
and play here so they can connect to the community and to nature, create memories, find
opportunities to thrive, and have the time of their lives.
Issues and Results: The following critical issues and results tie back to the feedback the Town received
from the community. The Town Council worked toward consensus in developing the following issues
and strategic results.
A.Strategic Priority – Create a strong community and create affordable housing opportunities: With
ever increasing housing costs causing a lack of opportunity for employees working in Vail to make a
home in Vail, or even within 30 to 40 miles of Vail, the sustainability of our economy and community
are threatened. This has resulted in a net loss of population for both the Town of Vail and Eagle
County as a whole. Although a pioneering spirit has always been required to call Vail home, without
a continuum of new housing and business opportunities in Vail the next generation of residents,
community leaders, and business owners may not be readily present in the future.
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5
Desired Results:
A.1 By 2027, the Town of Vail will have acquired 1,000 new (compared to 2017) deed restricted
homes bringing the total number of deed restrictions to 1,688.
A.2 By 2029, the Town of Vail will have expanded upon the continuum of housing through an
increase in the diversity of home types thereby ensuring Vail residents have access to a mix of
housing opportunities ranging from homes for seasonal employees to retirees including for-rent
apartments and for-sale condominiums, and homes suitable for families.
A.3 By 2033, double the supply of deed-restricted homes from 1,034 to 2,370 for our year-round
and seasonal Vail residents through a collaborative and regional approach while also increasing
in the Town of Vail the permanent population by 2% (currently estimated at 4,804) by 2029.
A.4: By 2027, Vail will increase commercial opportunities for local businesses that provide goods and
services by 10% as measured by commercial square footage. The total commercial square
footage in the Town of Vail is approximately 530,000 sq. ft.
B.Strategic Priority – Support our Workforce: Given the high cost of living in the Vail Valley, retaining
employees, and creating a succession of business and community leaders is threatened.
Maintaining a high level of customer service to support Vail’s vision requires creating a succession of
business leaders and retaining high performing and experienced employees in the community.
Desired Results:
B.1: By December 2025, working with our partners, Vail’s workforce will have access to leadership
training, mentorship, and entrepreneurial skills development, as evidenced by the number of
new businesses created.
B.2: By 2029, 95% of our workforce has access to information about healthcare coverage, mental
health resources, and other resources.
B.3: By 2029, working with our partners, expand the current employee mental health assistance
programs (EAP) for Vail workforce and provide timely access to care.
B.4: By 2029, parents/caregivers working in Vail needing childcare have access to affordable
childcare (7 to 10% of income) located where they need it, measured by a reduction in waitlist
numbers at Vail childcare facilities compared to the average waitlist in 2024 for both the
Childrens Garden of Leaning and Vail Childcare Center.
C.Strategic Priority - Provide an Authentic Vail Experience: Vail’s vision of being the premier
mountain resort community despite a trend towards homogeneity in the ski industry will be
achieved by creating programming and events authentic to Vail’s pioneering and entrepreneurial
spirit. We are a community that celebrates the sport of skiing and mountain town living.
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6
Desired Results:
C.1: By 2027, Vail will create and/or enhance 1 to 2 showstopper, unique events in the winter and
summer seasons which are consistent with the authentic Vail vibe. Examples: GoPro Mountain
Games, X Games, Burton US Open, Street Beat, Dew Tour, Loveland Derby, Ski Races, Bravo!
C.2: By 2029, Vail will create a seamless, vibrant, inclusive experience as people move from the
mountain into town and from town onto the mountain as measured in guest intercept surveys.
As our guests and residents’ transition, whether on skis, bikes or on foot, between the Town and
Vail Mountain they will be enticed and welcomed by programming that creates an energetic and
fun vibe ready to greet them at the base area.
C.3: By June 2025, modify town codes to support vibrancy (special events, live entertainment, night
life).
C.4: By 2027, 70% of individuals under 40 will state “Vail is a kickass place” as measured by the net
promotor score.
C.5: By 2025, The Town of Vail municipal government will provide excellent customer service
through clear definitions, measurements, and reporting.
D.Strategic Priority - Transportation: The increasing number of commuters traveling to and from Vail
for business and pleasure impacts public safety, generates an expensive need for parking, reduces
the guest experience by causing parking on the Frontage Roads, and contributes to carbon
emissions.
Desired Results:
D.1 By 2029, people who live, work, and recreate in Vail use the Eagle Valley Transportation
Authority and Town of Vail Bus Systems as their preferred method of transportation as evidenced by
a reduction in the percentage of vehicles parking in the Vail and Lionshead Parking structures that
originate from Eagle County from ~72% to ~50%.More specifically, reducing the percentage of
parked vehicles which start their day in Vail from 32% to 20%; and reducing the percentage of
parked vehicles which begin their day in Eagle County but outside of Vail from 40% to 30%.
E.Strategic Priority - Environmental Sustainability: Our sensitive alpine environment supports our
economy, and the Town must continue to be a responsible steward of our sensitive natural
resources and should continue to be a leader in environmental sustainability for mountain resort
communities across the world.
Desired Results:
E.1 By 2029, Gore Creek is no longer a 303(d) listed impaired waterway which would reduce near
term risk of losing the gold medal fishery status.
E.2: By 2027, Vail and its partners have a cohesive wildlife/environmental management plan that
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7
identifies Vail’s role in sustaining ecosystem biodiversity in its various habitats.
E.3: Reduce 2014 baseline carbon emissions by 25% by 2025, 50% by 2030, and 80% by 2050.
5. NEXT STEPS
Staff would propose approving this plan via resolution as a next step after the language for mission, priority
issues, and results are acceptable to the Town Council. Staff will create an action plan to implement the
strategic results in the month of June 2024 and add that action plan as an appendix to this strategy. Staff
will review this action plan with Council and then this strategic plan and its associated actions and strategies
would be utilized in future budgets to align time money, and resources in the future.
This strategic plan is focused on the next 2 to 5 years. However, it should also be noted that the action plan
from 2023 is actively being implemented. The Town is executing on the goal of 1,000 new deed restrictions
by 2027. The Civic Hub and particularly decisions on Dobson Ice Rink are significant projects to that will have
an impact on capacity and available resources assuming Council would like to continue implementation. The
Town has until 2030 to expend $50+ million in Tax Increment Financing funds. There are also the other 26
actions from 2022 that are being implemented currently. The 2024 Plan will provide new focus and
alignment from 2025 to 2029 (and beyond).
Moving forward, staff will provide updates in the Town Manager report on progress related to results. A
dashboard is envisioned that will be on the Town’s website and used in updates. It is recommended that
after a Council election (every two years) the Strategic Plan is reviewed and updated as necessary.
Finally, staff will create business plans for each Town Department to ensure that the Council strategic results
are effectively implemented, and the manager, department heads, and individual staff members are aligned
and accountable to achieve the results. The business plans for departments would also speak to the day-to-
day services that Departments provide to their customers. Feedback from departmental customers would
be solicited and issues and goals would be developed to ensure the highest level of customer service based
on available resources.
Attachment A: Action Plan (when completed)
116
AGENDA ITEM NO. 6.4
Item Cover Page
DATE:May 7, 2024
TIME:10 min.
SUBMITTED BY:Greg Hall, Public Works
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:2024 Ford Park Managed Summer Parking
SUGGESTED ACTION:Approve the 2024 Ford Park Summer Managed Parking Program.
PRESENTER(S):Greg Hall, Public Works and Transportation Director and Steph
Kashiwa, Parking Operations Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Ford Park Summer Managed Days 05072024
FPUG Calendar 2024
117
TO:Vail Town Council
FROM:Ford Park User Group
Greg Hall, Director of Public Works, and Transportation
Stephanie Kashiwa Parking Operations Manager
DATE:May 7, 2024
SUBJECT: Recommended Ford Park Summer 2024 Managed Parking Program
I.SUMMARY
The purpose of this item is to:
Provide Town Council the Parking recommendation for Ford Park Summer 2024
Managed Parking Program
Request Town Council approve the Ford Park Summer 2024 Managed Parking Program
II. BACKGROUND
The Ford Park User Group met on April 11, 2024, to review the summer 2023 season and make
recommendations for the Summer Ford Park 2024 Managed Parking Program. The Ford Park
User Groups, including representatives from Town of Vail, Vail Recreation District, Vail Valley
Foundation (GRFA), Betty Ford Alpine Gardens, Bravo! Vail, and Walking Mountain Science
Center. The proposed managed parking program calendar is attached.
III. CONSIDERATIONS SUMMER 2024
In reviewing the previous summer programs and identifying issues, the Ford Park User Group
discussed increase communications to event participants on parking and transportation options,
as well as the carpool incentive program that will be in effect.
IV. RECOMMENDED FORD PARK SUMMER 2024 MANAGED PARKING PROGRAM
The proposed managed parking calendar is attached.
Paid event parking rate of $15, paid at entrance.
o Continued parking attendant presence for information and guest service.
Free parking during paid parking events for those arriving with four or more in a vehicle
to the Ford Park and Vail Athletic Fields/Soccer lots.
V. ACTION REQUESTED OF COUNCIL
118
Town of Vail Page 2
Town Council approve, approve with modifications, the recommendations for the Ford Park
Summer 2024 Managed Parking Program.
119
Date Event Name Notes Managed/
Paid
Parking
Parking
Start
Parking
End
Wed - 5/1/24 Youth Soccer Practice
Thu - 5/2/24 Youth Soccer Practice
Fri - 5/3/24
Sat - 5/4/24 Youth Soccer Games
Sun - 5/5/24
Mon - 5/6/24
Tue - 5/7/24 Youth Soccer Practice
White Water Race Series
Wed - 5/8/24 Youth Soccer Practice
Thu - 5/9/24 Youth Soccer Practice
Fri - 5/10/24 Hard to Recycle Event HRE:
Ford Lot Reserved 7:00 AM -
5:00 PM
Sat - 5/11/24 Youth Soccer Games
Sun - 5/12/24
Mon - 5/13/24 Youth Soccer Practice
Tue - 5/14/24 Youth Soccer Practice
White Water Race Series
Wed - 5/15/24 Youth Soccer Practice
Thu - 5/16/24 Youth Soccer Practice
Fri - 5/17/24
Sat - 5/18/24 Youth Soccer Games
Sun - 5/19/24
Mon - 5/20/24 Youth Soccer Practice
Tue - 5/21/24 Youth Soccer Practice
White Water Race Series
Wed - 5/22/24 Youth Soccer Practice
120
Thu - 5/23/24 Butterfly Launch
BMHS Rehearsal
Youth Soccer Practice
BMHS:
Managed
BMHS:
11:30 AM
BMHS:
2:30 PM
Fri - 5/24/24 Summer Parking Ops begin
BMHS Graduation
BMHS:
Managed
BMHS:
3:00 PM
BMHS:
6:30 PM
Sat - 5/25/24
Sun - 5/26/24 Celebration of Life COL:
Managed
COL:
11:00 AM
COL:
2:00 PM
Mon - 5/27/24 Youth Soccer Practice
Tue - 5/28/24 VMS Graduation Rehearsal
Youth Soccer Practice
White Water Race Series
VMS:
Managed
VMS:
12:30
VMS:
2:00 PM
Wed - 5/29/24 Youth Soccer Practice
Thu - 5/30/24 Plant Sale - members only
VMS Graduation
Softball
GoPro:
VAF/Soccer lot reserved
VMS:
Managed
VMS:
1:00 PM
VMS:
5:30 PM
Fri - 5/31/24 Plant Sale
AEG - JRAD
GoPro:
VAF/Soccer lot reserved
AEG:
Paid
AEG:
3:30 PM
AEG:
6:30 PM
Sat - 6/1/24 Youth Soccer Games
Plant Sale
GoPro:
VAF/Soccer lot reserved
Sun - 6/2/24 Plant Sale GoPro:
VAF/Soccer lot reserved
Mon - 6/3/24 Flag Football Camp
Youth Soccer Practice
Softball
GoPro:
VAF/Soccer lot reserved
121
Tue - 6/4/24 Flag Football Camp
Youth Soccer Practice
White Water Race Series
Rugby Practice
Volunteer Party for GoPro
GoPro:
VAF/Soccer lot reserved
Wed - 6/5/24 Flag Football Camp
Youth Soccer Practice
Softball
GoPro:
VAF/Soccer lot reserved
Thu - 6/6/24 GoPro Mountain Games
Flag Football Camp
Softball
Rugby Practice
GMG Concert - Xavier Rudd
w/Mike Love
GoPro:
VAF/Soccer lot reserved
GMG:
Managed
GMG
concert:
Paid
GMG:
7:00 AM
GMG
concert:
4:30 PM
GMG:
4:30 PM
GMG
Concert:
7:30 PM
Fri - 6/7/24 GoPro Mountain Games
Flag Football Camp
GMG Concert - Daniel Donato
Lotus
GoPro:
VAF/Soccer lot reserved
GMG:
Managed
GMG
concert:
Paid
GMG:
7:00 AM
GMG
concert:
4:30 PM
GMG:
4:30 PM
GMG
Concert:
7:30 PM
Sat - 6/8/24 GoPro Mountain Games
GoPro Fishing & Frisbee
Rugby
GMG Concert - Dispatch, Andy
Thorn
GoPro:
VAF/Soccer lot reserved
GMG:
Managed
GMG
concert:
Paid
GMG:
7:00 AM
GMG
concert:
4:30 PM
GMG:
4:30 PM
GMG
Concert:
7:30 PM
122
Sun - 6/9/24 GoPro Mountain Games
GoPro Fishing & Frisbee
CO Children's Chorale load in
GoPro:
VAF/Soccer lot reserved
GMG:
Managed
GMG:
7:00 AM
GMG:
7:00 PM
Mon - 6/10/24 CO Children's Chorale
rehearsal
Baseball Camp
Softball
GoPro:
VAF/Soccer lot reserved
Tue - 6/11/24 CO Children's Chorale
rehearsal
Baseball Camp
Keystone Science School
Rugby Practice
GoPro:
VAF/Soccer lot reserved
Wed - 6/12/24 King of the Mountain Volleyball
load-in
Keystone Science School
CO Children's Chorale
Performance
Softball
GoPro:
VAF/Soccer lot reserved
CCC:
Managed
CCC:
4:00 PM
CCC:
8:00 PM
Thu - 6/13/24 King of the Mountain Volleyball
Softball
Rugby Practice
KOTMV:
Nest: 4 coned spots
Manages VAF lot
GoPro:
VAF/Soccer lot reserved - load
out complete
KOTMV:
Managed
KOTMV:
7:00 AM
KOTMV:
5:00 PM
Fri - 6/14/24 King of the Mountain Volleyball
Vail Craft Beer Classic
AEG concert - Umphreys
McGee
KOTMV:
Nest: 4 coned spots
Manages VAF lot
KOTMV:
Managed
AEG:
Paid
KOTMV:
7:00 AM
AEG:
3:30 PM
KOTMV:
3:30 PM
AEG:
7:00 PM
123
Sat - 6/15/24 King of the Mountain Volleyball
AEG event - Steve Martin &
Martin Short
KOTMV:
Nest: 4 coned spots
Manages VAF lot
KOTMV:
Managed
AEG:
Paid
KOTMV:
7:00 AM
AEG:
4:30 PM
KOTMV:
4:30 PM
AEG:
8:30 PM
Sun - 6/16/24 King of the Mountain Volleyball
Vail Farmers' Market
AEG concert - Black Pumas
KOTMV:
Nest: 4 coned spots
Manages VAF lot
KOTMV:
Managed
AEG:
Paid
KOTMV:
7:00 AM
AEG:
4:00 PM
KOTMV:
4:00 PM
AEG:
7:30 PM
Mon - 6/17/24 Bravo load in
Softball
Sand Volleyball & Cornhole
Tue - 6/18/24 Hot Summer Nights concert-
Dogs in a Pile
Rugby Practice
HSN:
Paid
HSN:
4:30 PM
HSN:
7:00 PM
Wed - 6/19/24 Bravo rehearsal
Workshop
Softball
Sand Volleyball & Cornhole
Thu - 6/20/24 Bravo - Chamber
Softball
Rugby Practice
Bravo:
Nest reserved @ 4:00 PM
Bravo:
Paid
Bravo:
3:30 PM
Bravo:
6:30 PM
Fri - 6/21/24 Vail Valley Volleyball Club
Camp
Bravo rehearsal
Wedding
VVVCC:
Managed
VVVCC:
7:00 AM
VVVCC:
5:00 PM
Sat - 6/22/24 Vail Valley Volleyball Club
Camp
Bravo - Chamber
Bravo:
Nest reserved @ 4:00 PM
VVVCC:
Managed
Bravo:
Paid
VVVCC:
7:00 AM
Bravo:
3:30 PM
VVVCC:
5:00 PM
Bravo:
6:30 PM
124
Sun - 6/23/24 Vail Valley Volleyball Club
Camp
Vail Farmers' Market
Bravo - Chamber
Bravo:
Nest reserved @ 4:00 PM
VVVCC:
Managed
Bravo:
Paid
VVVCC:
7:00 AM
Bravo:
3:30 PM
VVVCC:
5:00 PM
Bravo:
6:30 PM
Mon - 6/24/24 Softball
Sand Volleyball & Cornhole
Tue - 6/25/24 HotSummer Nights concert -
Town Mountain
Rugby Practice
HSN:
Paid
HSN:
4:30 PM
HSN:
7:00 PM
Wed - 6/26/24 Workshop
Bravo - DSO
Softball
Sand Volleyball & Cornhole
Bravo:
Nest reserved @ 4:00 PM
Bravo:
Paid
Bravo:
3:30 PM
Bravo:
6:30 PM
Thu - 6/27/24 Celebration of life - Slifer
Softball
Rugby Practice
COL:
Managed
COL:
2:00 PM
COL:
5:00 PM
Fri - 6/28/24 Vail Lacrosse Shootout load-in
Members Breakfast
Bravo - DSO
Bravo:
Nest reserved @ 4:00 PM
Bravo:
Paid
Bravo:
3:30 PM
Bravo:
6:30 PM
Sat - 6/29/24 Vail Lacrosse Shootout
Bravo - DSO open rehearsal
Bravo - DSO
VLS:
Nest 3/4 RESEVED until 5:00
PM
6 spots coned in VAF lot until
5:00 PM
Bravo:
Nest reserved @ 5:00 PM
VLS:
Managed
Bravo:
Paid
VLS:
7:00 AM
Bravo:
3:30 PM
VLS:
3:30 PM
Bravo:
6:30 PM
125
Sun - 6/30/24 Vail Lacrosse Shootout
Vail Farmers' Market
Bravo - DSO
VLS:
Nest 3/4 RESEVED until 5:00
PM
6 spots coned in VAF lot until
5:00 PM
Bravo:
Nest reserved @ 5:00 PM
VLS:
Managed
Bravo:
Paid
VLS:
7:00 AM
Bravo:
3:30 PM
VLS:
3:30 PM
Bravo:
6:30 PM
Mon - 7/1/24 Vail Lacrosse Shootout
Bravo - DSO
Key Note Speaker
Softball
Sand Volleyball & Cornhole
VLS:
Nest 3/4 RESEVED until 5:00
PM
6 spots coned in VAF lot until
5:00 PM
Bravo:
Nest reserved @ 5:00 PM
VLS:
Managed
Bravo:
Paid
VLS:
7:00 AM
Bravo:
3:30 PM
VLS:
3:30 PM
Bravo:
6:30 PM
Tue - 7/2/24 Vail Lacrosse Shootout
Hot Summer Nights concert -
Blitzen Trapper
Rugby Practice
VLS:
Nest 3/4 RESEVED until 5:00
PM
6 spots coned in VAF lot until
5:00 PM Rec District
VLS:
Managed
HSN:
Paid
VLS:
7:00 AM
HSN:
4:30 PM
VLS:
4:30 PM
HSN:
7:00 PM
Wed - 7/3/24 Vail Lacrosse Shootout
Softball
Sand Volleyball & Cornhole
AEG concert- Dark Star
Orchestra
VLS:
Nest 3/4 RESEVED until 5:00
PM
6 spots coned in VAF lot until
5:00 PM Rec District
VLS:
Managed
AEG:
Paid
VLS:
7:00 AM
AEG:
4:00 PM
VLS:
4:00 PM
AEG:
7:30 PM
126
Thu - 7/4/24 July 4th!
Vail Lacrosse Shootout
Vail America Days Parade
Bravo - PO Patriotic Concert
Softball
Rugby Practice
Vail America Days Fireworks
VLS:
Nest 3/4 RESEVED until 5:00
PM
6 spots coned in VAF lot until
5:00 PM Rec District
VLS:
Managed
VLS:
7:00 AM
VLS:
7:00 PM
Fri - 7/5/24 Vail Lacrosse Shootout
Bravo - PO
VLS:
Nest 3/4 RESEVED until 5:00
PM
6 spots coned in VAF lot until
5:00 PM
Bravo:
Nest reserved @ 5:00 PM
VLS:
Managed
Bravo:
Paid
VLS:
7:00 AM
Bravo:
3:30 PM
VLS:
3:30 PM
Bravo:
6:30 PM
Sat - 7/6/24 Vail Lacrosse Shootout
Bravo - PO
VLS:
Nest 3/4 RESEVED until 5:00
PM
6 spots coned in VAF lot until
5:00 PM
Bravo:
Nest reserved @ 5:00 PM
VLS:
Managed
Bravo:
Paid
VLS:
7:00 AM
Bravo:
3:30 PM
VLS:
3:30 PM
Bravo:
6:30 PM
Sun - 7/7/24 Vail Lacrosse Shootout
Rooftop Rental
Vail Farmers' Market
VLS:
Nest 3/4 RESEVED until 5:00
PM
6 spots coned in VAF lot until
5:00 PM
VLS:
Managed
VLS:
7:00 AM
VLS:
5:00 PM
Mon - 7/8/24 Softball
Sand Volleyball & Cornhole
Tue - 7/9/24
Rugby Practice
127
Wed - 7/10/24 Bravo - PO
Workshop
Softball
Sand Volleyball & Cornhole
Bravo:
Nest reserved @ 4:00 PM
Bravo:
Paid
Bravo:
3:30 PM
Bravo:
6:30 PM
Thu - 7/11/24 Chefs in the Garden
Bravo - PO
Softball
Rugby Practice
Bravo:
Nest reserved @ 4:00 PM
Bravo:
Paid
Bravo:
3:30 PM
Bravo:
6:30 PM
Fri - 7/12/24 Bravo - PO Bravo:
Nest reserved @ 4:00 PM
Bravo:
Paid
Bravo:
3:30 PM
Bravo:
6:30 PM
Sat - 7/13/24 Rooftop Rental
Rugby Match
Rooftop Wedding
AEG concert- Portugal. The
Man
AEG:
Paid
AEG:
4:00 PM
AEG:
8:00 PM
Sun - 7/14/24 Vail Farmers' Market
AEG concert- Brothers
Osborne
AEG:
Paid
AEG:
4:30 PM
AEG:
8:30 PM
Mon - 7/15/24 Soccer Camp
Softball
Sand Volleyball & Cornhole
AEG concert - Ziggy Marley &
Lettuce
AEG:
Paid
AEG:
4:00 PM
AEG:
8:00 PM
Tue - 7/16/24 Soccer Camp
Hot Summer Nights concert -
The Springsteen Experience
Bravo load-in
Rugby Practice
HSN:
Paid
HSN:
4:30 PM
HSN:
7:00 PM
128
Wed - 7/17/24 Soccer Camp
Workshop
Bravo - NYP
Softball
Sand Volleyball & Cornhole
Bravo:
Nest reserved @ 4:00 PM
Bravo:
Paid
Bravo:
3:30 PM
Bravo:
6:30 PM
Thu - 7/18/24 Soccer Camp
Chefs in the Garden
Celebration of Life - Nature
Center
Softball
Rugby Practice
COL:
VAF reserved
Fri - 7/19/24 Soccer Camp
Nature Center 50th
Anniversary
Bravo - NYP
NC50:
VAF reserved
Bravo:
Nest reserved @ 4:00 PM
Bravo:
Paid
Bravo:
3:30 PM
Bravo:
6:30 PM
Sat - 7/20/24 Fred Ammer Soccer
Tournament
Bravo - NYP
FAST:
Contact: Joel R, Vail Rec
District
Bravo:
5:00 gates/preconcert talk
6:00 event
8:00 post show Q & A
Contact: Elli M, Bravo
Nest reserved @ 4:00 PM
FAST:
Managed
Bravo:
Paid
FAST:
7:00 AM
Bravo:
3:30 PM
FAST:
3:00 PM
Bravo:
6:30 PM
Sun - 7/21/24 Fred Ammer Soccer
Tournament
Vail Farmers' Market
Bravo - NYP
Bravo:
Nest reserved @ 4:00 PM
FAST:
Managed
Bravo:
Paid
FAST:
7:00 AM
Bravo:
3:30 PM
FAST:
3:00 PM
Bravo:
6:30 PM
129
Mon - 7/22/24 Rugby Match
Softball
Sand Volleyball & Cornhole
AEG concert - Nora Jones
AEG:
Paid
AEG:
4:00 PM
AEG:
8:00 PM
Tue - 7/23/24 Bravo - NYP
Rugby Practice
Bravo:
Nest reserved @ 4:00 PM
Bravo:
Paid
Bravo:
3:30 PM
Bravo:
6:30 PM
Wed - 7/24/24 Bravo - NYP
Garden Soirée
Softball
Sand Volleyball & Cornhole
Bravo:
Nest reserved @ 4:00 PM
Bravo:
Paid
Bravo:
3:30 PM
Bravo:
6:30 PM
Thu - 7/25/24 Chefs in the Garden
Softball
Rugby Practice
Fri - 7/26/24 Kick it 3v3
Vail Dance Festival
3v3:
Partial Nest reserved
VDF:
Nest Reserved @ 4:00 PM
3v3:
Managed
VDF:
Paid
3v3:
7:00 AM
VDF:
4:30 PM
3v3:
4:30 PM
VDF:
8:00 PM
Sat - 7/27/24 Kick it 3v3
Tiny Dancer Tea Party
Vail Dance Festival - Theatre of
Harlem
3v3:
Partial Nest reserved
VDF:
Nest Reserved @ 4:00 PM
3v3:
Managed
VDF:
Paid
3v3:
7:00 AM
VDF:
4:30 PM
3v3:
4:30 PM
VDF:
8:00 PM
Sun - 7/28/24 Kick it 3v3
Vail Farmers' Market
Vail Dance Festival - UpClose
with Damian Woetzel
3v3:
Partial Nest reserved
VDF:
Nest Reserved @ 4:00 PM
3v3:
Managed
VDF:
Paid
3v3:
7:00 AM
VDF:
4:30 PM
3v3:
4:30 PM
VDF:
6:30 PM
130
Mon - 7/29/24 Rugby Match
Soccer Camp
Softball
Sand Volleyball & Cornhole
Vail Dance Festival - Myths by
Legends
VDF:
Nest Reserved @ 4:00 PM
VDF:
Paid
VDF:
4:30 PM
VDF:
8:00 PM
Tue - 7/30/24 Soccer Camp
Rugby Practice
Vail Dance Festival - Dance for
$20.24
VDF:
Nest Reserved @ 4:00 PM
VDF:
Paid
VDF:
4:30 PM
VDF:
8:00 PM
Wed - 7/31/24 Soccer Camp
Workshop
Softball
Sand Volleyball & Cornhole
Thu - 8/1/24 Soccer Camp
Chefs in the Garden
Softball
Rugby Practice
Fri - 8/2/24 Soccer Camp
Vail Dance Festival -
International Evenings of
Dance I
VDF:
Nest Reserved @ 4:00 PM
VDF:
Paid
VDF:
4:30 PM
VDF:
8:00 PM
Sat - 8/3/24 Rugby Match
Vail Dance Festival -
International Evenings of
Dance II & III
VDF:
Nest Reserved @ 4:00 PM
VDF:
Paid
VDF:
3:30 PM
VDF:
8:30 PM
Sun - 8/4/24 Vail Farmers' Market
131
Mon - 8/5/24 Softball
Sand Volleyball & Cornhole
Vail Dance Festival - Now:
Premieres
VDF:
Nest Reserved @ 4:00 PM
VDF:
Paid
VDF:
4:30 PM
VDF:
8:00 PM
Tue - 8/6/24 Rugby Practice
Wed - 8/7/24 Workshop
Softball
Sand Volleyball & Cornhole
Thu - 8/8/24 Kids Adventure Games
Chefs in the Garden
Vail Wine Classic
Softball
VWC:
VAF lot reserved
Fri - 8/9/24 Kids Adventure Games
Vail Wine Classic
AEG concert - Slightly Stoopid
VWC:
VAF lot reserved
AEG:
Paid
AEG:
4:00 PM
AEG:
7:30 PM
Sat - 8/10/24 Kids Adventure Games
Vail Wine Classic
AEG concert - Paul Cauthen
VWC:
VAF lot reserved
AEG:
Paid
AEG:
4:00 PM
AEG:
8:00 PM
Sun - 8/11/24 Kids Adventure Games
Vail Farmers' Market
VWC:
VAF lot reserved
Mon - 8/12/24 Softball
Sand Volleyball & Cornhole
Tue - 8/13/24 Hot Summer Nights concert -
Allen Stone
Rugby Practice
HSN:
Paid
HSN:
4:30 PM
HSN:
7:00 PM
132
Wed - 8/14/24 Workshop
Softball
Sand Volleyball & Cornhole
Thu - 8/15/24 Chefs in the Garden
Softball
Rugby Practice
AEG concert - The Beach Boys
AEG:
Paid
AEG:
4:30 PM
AEG:
8:00 PM
Fri - 8/16/24 TransRockies
AEG concert - Walker Hayes
TR:
VAF lot reserved
AEG:
Paid
AEG:
4:00 PM
AEG:
7:30 PM
Sat - 8/17/24 TransRockies
AEG concert - OAR & Fitz and
the Tantrums
TR:
VAF lot reserved
VAF back open for concert
AEG:
Paid
AEG:
4:00 PM
AEG:
7:30 PM
Sun - 8/18/24 Vail Farmers' Market
AEG concert -
Yonder/Salmon/RRE
AEG:
Paid
AEG:
2:00 PM
AEG:
5:30 PM
Mon - 8/19/24 Softball
Sand Volleyball & Cornhole
Tue - 8/20/24 Rooftop Rental
Hot Summer Nights concert -
Karl Denson's Tiny Universe
Rugby Practice
HSN:
Paid
HSN:
4:30 PM
HSN:
7:00 PM
Wed - 8/21/24 Workshop
Softball
Sand Volleyball & Cornhole
133
Thu - 8/22/24 Volunteer Appreciation Party
Softball
Rugby Practice
AEG concert - Paul Cauthen?
Fri - 8/23/24 Sand Volleyball - Meer
Sat - 8/24/24 Sand Volleyball - Meer
Sun - 8/25/24 Sand Volleyball - Meer
Vail Farmers' Market
Mon - 8/26/24 Softball
Sand Volleyball & Cornhole
Tue - 8/27/24 Hot Summer Nights - Lindsay
Lou
Rugby Practice
HSN:
Paid
HSN:
4:30 PM
HSN:
7:00 PM
Wed - 8/28/24 Softball
Sand Volleyball & Cornhole
Thu - 8/29/24 Softball
Rugby Practice
Fri - 8/30/24 Rooftop Rental
Sat - 8/31/24
Sun - 9/1/24 Vail Farmers' Market
AEG concert - Robert Plant &
Alison Krauss
AEG:
Paid
AEG:
4:00 PM
AEG:
7:30 PM
Mon - 9/2/24 Softball
Tue - 9/3/24 Youth Soccer Fall Begins
Wed - 9/4/24 Softball
Thu - 9/5/24 Softball
Fri - 9/6/24
Sat - 9/7/24 Softball Tournament?
Sun - 9/8/24 Vail Farmers' Market
Mon - 9/9/24 Softball
134
Tue - 9/10/24 Hot Summer Nights concert -
Community Concert - JoJo
Hermann & Friends
HSN:
Managed
HSN:
4:30 PM
HSN:
7:00 PM
Wed - 9/11/24 Softball
Thu - 9/12/24 Softball
AEG event - Jim Gaffigan
AEG:
Paid
AEG:
5:00 PM
AEG:
8:30 PM
Fri - 9/13/24 Vail Concours (Vail Automotive
Classic)
AEG concert - Indigo Girls &
Amos Lee
AEG:
Paid
AEG:
4:30 PM
AEG:
8:00 PM
Sat - 9/14/24 Vail Concours (Vail Automotive
Classic)
Sun - 9/15/24 Vail Farmers' Market
Vail Concours (Vail Automotive
Classic)
Mon - 9/16/24
Tue - 9/17/24 AEG concert - Crowded House AEG:
Paid
AEG:
4:00 PM
AEG:
7:30 PM
Wed - 9/18/24
Thu - 9/19/24
Fri - 9/20/24
Sat - 9/21/24
Sun - 9/22/24 Vail Farmers' Market
AEG concert - Barenaked
Ladies
AEG:
Paid
AEG:
4:30 PM
AEG:
8:00 PM
Mon - 9/23/24
Tue - 9/24/24
Wed - 9/25/24
Thu - 9/26/24
Fri - 9/27/24
Sat - 9/28/24
Sun - 9/29/24 Last day of summer parking
ops
Vail Farmers' Market
Mon - 9/30/24
Tue - 10/1/24
Wed - 10/2/24
Thu - 10/3/24
Fri - 10/4/24
Sat - 10/5/24 Cindy Eskwith Soccer
Tournament
135
Sun - 10/6/24 Cindy Eskwith Soccer
Tournament
Vail Farmers' Market
Mon - 10/7/24
Tue - 10/8/24
Wed - 10/9/24
Thu - 10/10/24
Fri - 10/11/24
Sat - 10/12/24
Sun - 10/13/24 Vail Farmers' Market
136
AGENDA ITEM NO. 7.1
Item Cover Page
DATE:May 7, 2024
TIME:5 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Ordinance
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 04, Series of 2024, Second Reading, an Ordinance
Rezoning a Portion of Lot 4, Middle Creek Subdivision, a
Resubdivision of Tract A from General Use and Undesignated to
Housing (H)
SUGGESTED ACTION:Approve, approve with amendments or deny Ordinance No. 04,
Series of 2024 upon second reading.
PRESENTER(S):Greg Roy, Planning Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Ord #4 of 2024 Staff Memo
Attachment A. Ordinance No. 4, Series of 2024
Attachment B. PEC24-0008 Staff Report 3-25-24
Attachment C. PEC Results 3-25-24
Attachment D. Zone District Amendment Map
137
TO: Town Council
FROM: Community Development Department
DATE: May 7, 2024
SUBJECT: Second reading of Ordinance No. 4, Series of 2024, an ordinance rezoning a
portion of Lot 4, Middle Creek Subdivision, a Resubdivision of Tract A.
Applicant: Town of Vail and Corum Real Estate Group
Planner: Greg Roy
I. SUMMARY
The applicants, Town of Vail and Corum Real Estate Group, are requesting approval from
the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -
3-7, Amendment, Vail Town Code, to allow for the rezoning of the proposed Lot 4 currently
located at Tract A, Middle Creek Subdivision, from the General Use (GU) and Natural
Area Preservation (NAP) Districts to the Housing (H) District. (PEC24-0008). PEC voted
4-2 (Rediker and Pratt opposed), to recommend approval of the zone district boundary
amendment.
Town Council approved Ordinance No. 4, Series of 2024 upon first reading at the April
16, 2024 Town Council meeting.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance No.
4, Series of 2024 on second reading.
III. DESCRIPTION OF REQUEST
The applicants are requesting approval of a zone district boundary amendment, pursuant
to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of the proposed
Lot 4 currently located at Tract A, Middle Creek Subdivision, from the General Use (GU)
and Natural Area Preservation (NAP) Districts to the Housing (H) District . The rezoning
is proposed to accommodate development of workforce housing on Lot 4.
A. Ordinance No. 4, Series of 2024
138
Town of Vail Page 2
B. PEC24-0008 Staff Report 3-25-24
C. PEC Results 3-25-24
D. Zone District Amendment
IV. BACKGROUND
The subject property was annexed into the Town of Vail in 1968 with Ordinance No. 8,
Series of 1969. Ordinance No. 19, Series of 1995 zoned the portions of Tract A from
Agricultural Open Space to the General Use and Natural Area Preservation districts. This
rezoning was part of a larger rezoning that occurred after the passage of the 1994 Open
Lands Plan adoption.
In 2002, the property was subdivided to create Lots 1 and 2 to facilitate the development
of Middle Creek Housing and to create the site for the telecom tower. In 2020, a
subdivision application was approved by the PEC to create Lot 3 as the site for the
Residences at Main Vail project.
In 2022, the Town processed a minor subdivision application create a Lot 4 and Lot 5
over the existing Tract A. This was accompanied by a land use plan amendment to
change the land use from Open Space to Public/Semi -Public and High Density
Residential, and a zone district boundary amendment to change the zoning from Natural
Area Preservation to Housing and General Use. The land use amendment and zone
district boundary amendment were subsequently approved by Town Council. The Minor
Subdivision was approved by the PEC, but the plat was never recorded, thus the
approved lots were not created and that approval has since lapsed. The resulting
condition is that there are multiple land uses and zone districts on the Tract A parcel.
Since 2022, the possibilities for the site have continued to be studied and a preferred
option decided upon, which requires a different configuration for the subdivision and
accompanying land use and zoning amendment. The applicant was also able to work with
CDOT to acquire a portion of the right-of-way to include in the proposed Lot 4. As this
portion of the proposed Lot 4 is right-of-way, it has no underlying land use or zoning and
requires a designation when incorporated into a developable lot. The PEC r eviewed
conceptual ideas for the development at the January 8th joint work session of the PEC
and DRB. The project has been working through conceptual meetings with the DRB since
then.
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2024, on
second reading, the Planning and Environmental Commission recommends the
Council pass the following motion:
139
Town of Vail Page 3
“The Vail Town Council approves, on second reading, Ordinance No.4,
Series of 2024, an ordinance rezoning a portion of Lot 4, Middle Creek
Subdivision, a Resubdivision of Tract A from the General Use (GU) and
Natural Area Preservation (NAP) Districts to the Housing (H) District. ”
Should the Vail Town Council choose to approve Ordinance No. 4 Series of 2024, the
Planning and Environmental Commission recommends the Council make the following
findings: “The Vail Town Council finds:
1. That the amendment is consistent with the applicable elements of
the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and is compatible with the development
objectives of the town; and
2. That the amendment furthers the general and specific purposes of
the zoning regulations; and
3. That the amendment promotes the health, safety, morals, and
general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves
and enhances its natural environment and its established character
as a resort and residential community of the highest quality.”
Vl. ATTACHMENTS
A. Ordinance No. 4, Series of 2024
B. PEC24-0008 Staff Report 3-25-24
C. PEC Results 3-25-24
D. Zone District Amendment
140
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 .
141
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 ___ day of ____________,
2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
142
3
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this _____ day of ____, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
143
4
EXHIBIT A
Legal Description of Property
Lot 4 Middle Creek Subdivision, A Resubdivision of Tract A
144
To: Planning and Environmental Commission
From: Community Development Department
Date: March 25, 2024
Subject: A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code,
to allow for the rezoning of the proposed Lot 4 currently located at Tract A, Middle
Creek Subdivision, from the General Use (GU) and Natural Area Preservation
(NAP) Districts to the Housing (H) District. (PEC24-0008)
Applicants: Town of Vail and Corum Real Estate Group
Planner: Greg Roy
I. SUMMARY
The applicants, Town of Vail and Corum Real Estate Group, are requesting a
recommendation to the Vail Town Council for a zone district boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of the
proposed Lot 4 currently located at Tract A, Middle Creek Subdivision, from the General
Use (GU) and Natural Area Preservation (NAP) Districts to the Housing (H) District.
Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a recommendation
of approval, to the Vail Town Council, for a zone district boundary amendment, subject
to the findings noted in Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is requesting a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12 -3-7, Amendment, Vail Town Code, to allow
for the rezoning of the proposed Lot 4 currently located at Tract A, Middle Creek
Subdivision, from the General Use (GU) and Natural Area Preservation (NAP) Districts to
the Housing (H) District. The rezoning is proposed to accommodate the proposed
development of workforce housing on Lot 4.
The map below shows the existing Official Zoning Map and the result of the amendment
if approved by the Town Council.
145
Town of Vail Page 2
III. BACKGROUND
The subject property was annexed into the Town of Vail in 1968 with Ordinance No. 8,
Series of 1969. Ordinance No. 19, Series of 1995 zoned the portions of Tract A from
Agricultural Open Space to the General Use and Natural Area Preservation districts. This
rezoning was part of a larger rezoning that occurred after the passage of the 1994 Open
Lands Plan adoption.
In 2002, the property was subdivided to create Lots 1 and 2 to facilitate the development
of Middle Creek Housing and to create the site for the telecom tower. In 2020, a
subdivision application was approved by the PEC to create Lot 3 as the site for the
Residences at Main Vail project.
In 2022 the Town processed a minor subdivision application create a Lot 4 and Lot 5 over
the existing Tract A. This was accompanied by a land use plan amendment to change the
land use from Open Space to Public/Semi-Public and High Density Residential, and a
zone district boundary amendment to change the zoning from Natural Area Prese rvation
to Housing and General Use. The land use amendment and zone district boundary
146
Town of Vail Page 3
amendment were subsequently approved by Town Council. The Minor Subdivision was
approved by the PEC, but the plat was never recorded by Town Staff, thus the approved
lots were not created and that approval has since lapsed. The resulting condition is that
there are multiple land uses and zone districts on the Tract A parcel.
Since 2022, the possibilities for the site have continued to be studied and a preferred
option decided upon, which requires a different configuration for the subdivision and
accompanying land use and zoning amendment. The applicant was also able to work with
CDOT to acquire a portion of the right-of-way to include in the proposed Lot 4. As this
portion of the proposed Lot 4 is right-of-way, it has no underlying land use or zoning and
requires a designation when incorporated into a developable lot. The PEC reviewed
conceptual ideas for the development at the January 8th joint work session of the PEC
and DRB. The project has been working through conceptual meetings with the DRB since
then.
IV. APPLICABLE PLANNING DOCUMENTS
Vail Town Code
TITLE 12: ZONING REGULATIONS, VAIL TOWN CODE
12-3-7: AMENDMENT:
A. Prescription: The regulations prescribed in this title and the boundaries of the zone
districts shown on the official zoning map may be amended, or repealed by the town
council in accordance with the procedures prescribed in this chapter.
B. Initiation:
1. An amendment of the regulations of this title or a change in zone district
boundaries may be initiated by the town council on its own motion, by the
planning and environmental commission on its own motion, by petition of any
resident or property owner in the town, or by the administrator.
2. A petition for amendment of the regulations or a change in zone district
boundaries shall be filed on a form to be prescribed by the administrator. The
petition shall include a summary of the proposed revision of the regulations, or
a complete description of proposed changes in zone district boundaries and a
map indicating the existing and proposed zone district boundaries. If the
petition is for a change in zone district boundaries, the petition shall include a
list of the owners of all properties with in the boundaries of the area to be
rezoned or changed, and the property adjacent thereto. The owners' list shall
include the names of all owners, their mailing and street addresses, and the
legal description of the property owned by each. Accompanying the list shall be
stamped, addressed envelopes to each owner to be used for the mailing of the
147
Town of Vail Page 4
notice of hearing. The petition also shall include such additional information as
prescribed by the administrator.
C. Criteria And Findings:
1. Zone District Boundary Amendment:
a. Factors, Enumerated: Before acting on an application for a zone district
boundary amendment, the planning and environmental commission and
town council shall consider the following factors with respect to the
requested zone district boundary amendment:
(1) The extent to which the zone district amendment is consistent
with all the applicable elements of the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and is compatible
with the development objectives of the town; and
(2) The extent to which the zone district amendment is suitable with
the existing and potential land uses on the site and existing and
potential surrounding land uses as set out in the town's adopted
planning documents; and
(3) The extent to which the zone district amendment presents a
harmonious, convenient, workable relationship among land uses
consistent with municipal development objectives; and
(4) The extent to which the zone district amendment provides for the
growth of an orderly viable community and does not constitute spot
zoning as the amendment serves the best interests of the community
as a whole; and
(5) The extent to which the zone district amendment results in
adverse or beneficial impacts on the natural environment, including,
but not limited to, water quality, air quality, noise, vegetation, riparian
corridors, hillsides and other desirable natural features; and
(6) The extent to which the zone district amendment is consistent
with the purpose statement of the proposed zone district; and
(7) The extent to which the zone district amendment demonstrates
how conditions have changed since the zoning designation of the
subject property was adopted and is no longer appropriate; and
(8) Such other factors and criteria as the commission and/or council
deem applicable to the proposed rezoning.
148
Town of Vail Page 5
b. Necessary Findings: Before recommending and/or granting an approval
of an application for a zone district boundary amendment, the planning
and environmental commission and the town council shall make the
following findings with respect to the requested amendment:
(1) That the amendment is consistent with the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and
compatible with the development objectives of the town; and
(2) That the amendment is compatible with and suitable to adjacent
uses and appropriate for the surrounding areas; and
(3) That the amendment promotes the health, safety, morals, and
general welfare of the town and promotes the coordinated and
harmonious development of the town in a manner that conserves and
enhances its natural environment and its established character as a
resort and residential community of the highest quality.
12-6I: Housing (H) District
12-8C: Natural Area Preservation (NAP) District
12-9C: General Use (GU) District
Vail Land Use Plan (in part)
Chapter ll – Land Use Plan Goals/Policies
1. General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a balance
between
residential, commercial and recreational uses to serve both the visitor and the
permanent resident.
1.6. Development proposals on the hillsides should be evaluated on a case by case basis.
Limited development may be permitted for some low intensity uses in areas that are not
highly visible from the Valley floor. New projects should be carefully controlled and
developed with sensitivity to the environment.
1.7. New subdivisions should not be permitted in high geologic hazard areas.
1.10. Development of Town owned lands by the Town of Vail (other than parks and open
space) may be permitted where no high hazards exist, if such development is for public
use.
149
Town of Vail Page 6
1.12. Vail should accommodate most of the additional growth in existing developed areas
(infill
areas).
5. Residential
5.1. Additional residential growth should continue to occur primarily in existing, platted
areas and as appropriate in new areas where high hazards do not exist.
5.3. Affordable employee housing should be made available through private efforts,
assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions.
5.4. Residential growth should keep pace with the marketplace demands for a full range
of housing types.
5.5. The existing employee housing base should be preserved and upgraded. Additional
employee housing needs should be accommodated at varied sites throughout the
community.
6. Community Services
6.2. The Town of Vail should play a role in future development through balancing growth
with services.
Chapter Vlll – Implementation
2. Key Goals
B. Residential Uses
1. Additional residential growth should continue to occur primarily in existing, platted
areas.
2. New subdivisions should not be permitted in proven high geologic hazard areas.
3. Development proposals on the hillsides may be appropriate, in a limited number of
cases, for low density residential uses. These proposals would need to be evaluated on
a case-by-case basis, with development being carefully controlled as to sensitivity to the
environment and visibility from the Valley floor.
E. General Growth and Development
5. Development may also be appropriate on Town-owned lands by the Town of Vail (other
than park and open space) where:
a. No high geologic hazards exist; and
150
Town of Vail Page 7
b. Such development is for public use.
Land Use Plan Assumptions
A. New development would for the most part, occur within and adjacent to already
developed areas.
C. That substantial areas of open space would remain in the Town.
D. That constraint areas should be considered in the designation of areas for future
development.
F. That hillsides should also be assessed, taking constraints into consideration.
2018 Open Lands Plan (in part)
Executive Summary – Town-owned Lands and Use of Land
“This update process included the evaluation of all Town -owned lands to identify any
parcels that may be suitable for Town use. None of the Town’s vacant parcels are suitable
for the development of public uses or community-oriented facilities.”
Vail 2020 Strategic Action Plan (in part)
Land Use and Development
“Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the
workforce through policies, regulations and publicly initiated development”
V. SURROUNDING LAND USES
Existing Use Zone District
North: US Forest Land NA
South: Lionshead
Redevelopment
Master Plan
General Use (GU)/Lionshead Mixed Use 1
East: Open Space, High
Density Residential,
Public/semi-public
Natural Area Preservation (NAP), General Use
(GU)/Housing(H)
W est: Open Space, Medium
Density Residential
Natural Area Preservation (NAP), Housing
VI. SITE ANALYSIS
Address: 199 North Frontage Road West
Legal Description: Lot 4, Middle Creek Subdivision a Resubdivision of
Tract A (proposed PEC24-0010)
Existing Zoning: Natural Area Preservation (NAP) District, General
Use (GU)
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Town of Vail Page 8
Proposed Zoning: Housing (H) District
Land Use Plan Designation: Open Space, High Density Residential, and
Public/Semi-Public
Proposed Land Use Designation: High Density Residential (PEC24-0007)
Geological Hazards: Moderate Hazard Debris Zone, Medium Severity
Rockfall, Steep Slope
Development
Standard
Natural Area
Preservation
(NAP)
Housing (H)
Lot Size NA 10,000 SF Minimum
Minimum Setbacks NA 20’ Front
15’ Sides and Rear
Maximum Height NA
NA
82.5 Feet
Density NA No max
Site coverage
maximum
NA Max. 55% of site area
Minimum
Landscaping
NA Min. 25% of site area
VII. REVIEW CRITERIA
Per Section 12-3-7, Amendment, Vail Town Code, before acting on a zone district
boundary amendment application, the Planning and Environmental Commission
shall consider the following factors with respect to this proposal:
1. The extent to which the zone district amendment is consistent with all the
applicable elements of the adopted goals, objectives and policies outlined in the
Vail comprehensive plan and is compatible with the development objectives of
the town.
The proposed zone district amendment is supported by the Vail Comprehensive Plan.
One component of the comprehensive plan is the Land Use Plan . In the plan, some key
goals are to have additional growth within existing platted areas and areas without high
geologic hazards. The proposed amendment would be in a subdivided tract and outside
of any high-hazard areas.
The plan also notes that development on hillsides may be appropriate on a case -by-case
basis and that the development should be low-density as visibility from the valley floor is
a consideration. When the plan refers to development on a hillside the goal is to limit low
density residential at the ridgeline when viewing from the valley floor below. It was not
contemplating residential development at the base of the hillside near the valley floor.
Later the General Growth and Development section of the plan notes that the
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Town of Vail Page 9
development of Town-owned land may be appropriate if it isn’t in the high hazard zones
and the development is for a public purpose.
Considering those sections and goals, it appears to allow for hillside development of
public land as long as it serves a public purpose. As the purpose of the zone district
boundary amendment is to allow for housing, those requirements would be met.
Staff finds that the proposed zone district amendment meets this criterion.
2. The extent to which the zone district amendment is suitable with the existing
and potential land uses on the site and existing and potential surrounding land
uses as set out in the town's adopted planning documents.
With the previous applications for this area, the PEC and Town Council recognized that
Housing is a suitable designation for the area. Part of this area was also zoned the
General Use District, which has many possible uses including employee housing units.
The change from General Use to Housing reduces the possibilities of that portion of Lot
4 and provides greater surety of the resulting development.
Staff finds the proposed rezoning meets this review criterion.
3. The extent to which the zone district amendment presents a harmonious,
convenient, w orkable relationship among land uses consistent with municipal
development objectives.
The proposed zone district amendment to Housing (H) is consistent with the zoning on
some of the site as it was previously changed, as well as the property to the east and
west. There is a similar land use pattern in town along the north side of the interstate
where developable portions of sites adjacent to the road are designated for residential or
commercial use while areas of the hillside above are reserved for open space. This is in
line with the land use plan goal 1.6 to avoid development on hillsides:
1.6. Development proposals on the hillsides should be evaluated on a case by case
basis. Limited development may be permitted for some low intensity uses in areas
that are not highly visible from the Valley floor. New projects should be carefully
controlled and developed with sensitivity to the environment.
The addition of the area of right-of-way to the proposed lot 4 allows for the proposed
zoned area, and development on the site, to be situated lower on the hillside and directly
adjacent to the frontage road.
Similar sites in the immediate area have been zoned Housing recently such as Lot 3 of
Middle Creek and Solar Vail. The addition of another Housing zoned lot at this location
meets the development objectives of the town by creating area for additional workforce
housing as noted in the Land Use Plan goal below:
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Town of Vail Page 10
5.5. The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied sites
throughout the community.
As the goal notes, additional housing should be accommodated throughout the
community, and a continuation housing along this section of the frontage road is a logical
site to add area for Housing.
Staff finds the proposed rezoning meets this review criterion.
4. The extent to which the zone district amendment provides for the growth of an
orderly viable community and does not constitute spot zoning as the amendment
serves the best interests of the community as a whole.
The proposed zone district amendment provides the appropriate incentives for the orderly
redevelopment of the subject properties. The area along the frontage road has already
been developed with housing developments. Continuing those uses in this area will
provide an orderly development that is in the best interest of the larger community . The
proposed rezoning will connect the Housing zone district between Solar Vail and Middle
Creek.
The land use has previously been changed for a portion of the proposed lot 4 to
incorporate high density residential and public/semi-public uses. The concurrent
application (PEC24-0007) is proposed to amend the land use plan to support a high
density residential use on the entirety of the proposed Lot 4. If this application is
successful, a rezoning to the Housing district will be consistent with the Land Use Plan.
As noted in Section lV above, there are many goals and objectives in the comprehensive
plan to support additional sites for work force housing. Specifically, there is goal 1.1 out
of the Land Use Plan that stipulates that there should be a balance between residential,
commercial and recreational uses.
“1.1. Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor and the
permanent resident.”
The approval of this application would result in the loss of some area zoned Natural Area
Preservation (NAP). This would be acceptable as the Town works to meet the goal 1.1
above and find a balance between residential and recreational uses. While the site could
be utilized for outdoor recreation under the NAP, there are other areas that share the NAP
zoning. There are fewer areas in town that are suitable for development of high density
residential uses like Housing, and this amendment works towards balancing that mix of
uses.
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Town of Vail Page 11
Staff finds the proposed rezoning meets this review criterion.
5. The extent to which the zone district amendment results in adverse or beneficial
impacts on the natural environment, including, but not limited to, water quality, air
quality, noise, vegetation, riparian corridors, hillsides and other desirable natural
features.
The amendment does not have any significant impacts to the natural environment. It will
increase the development opportunities on the lower portion of the site . The applicant
wishes to utilize the environmental impact report (EIR) from the 2022 application for a
rezoning (attachment C). This was in the same area and would likely result in similar
findings. The EIR has a summary of findings that lists potential impacts from development
of the site (attachment D). From staff’s analysis there are many potential impacts that
could be mitigated with best management practices during construction, appropriate
spacing and setback from Middle Creek. There are potential impacts to migratory birds if
construction takes place during the summer, and the loss of potential habitat for some
animals. These impacts are unlikely to be able to be mitigated, but the report does note
the potential impacts as “minimal.”
The proposed zoning change to this existing development would not significantly
negatively affect riparian corridors, air quality, water quality, or other environmental
aspects.
Staff finds the proposed rezoning meets this review criterion.
6. The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district.
The proposed zone district amendment is consistent with the purpose statements for the
Housing district. The Housing statement reads “…the zone district is appropriately located
and designed to meet the needs of residents of Vail, to harmonize with surrounding uses,
and to ensure adequate light, air, open space and other amenities .” This amendment will
incorporate the district in an appropriate area in harmony with the adjacent sites and uses.
The addition of Housing to this area of Town will allow for a concentration of services ,
such as bus transportation, that may not be as readily available in another location.
Staff believes the proposed rezoning meets this review criterion.
7. The extent to which the zone district amendment demonstrates how conditions
have changed since the zoning designation of the subject property was adopted
and is no longer appropriate.
The property was zoned to its original designation in 1995 as a result of the newly adopted
1994 Open Lands Plan. At that time there was no Middle Creek Housing, and the site
was largely vacant except for the elementary school and Mountain Bell Tower. Since the
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Town of Vail Page 12
time that Middle Creek Housing was built, Solar Vail was rezoned and completed, and
Residences at Main Vail was completed. These developments have changed the area
from a largely untouched area north of the interstate to a developed area that is occupied
by large buildings. The conditions around the time of the previous zoning conformed to
the open space use for the area, but that use on the neighboring properties has changed,
recommending this property for a potential change as well.
The most recent designation on a portion of the subject property did change to Housing,
with the remaining portions being General Use (GU) or remaining in the original 1995
classification of Natural Area Preservation (NAP). This application to change the
proposed lot, including the piece of right-of-way to be incorporated, recognizes the need
for housing as critical to the community. When contemplated in 2022, the access to the
site was envisioned to utilize Middle Creek site’s access road and then bridge across
Middle Creek. This proposal was then revised and avoids development over and around
Middle Creek and ensures it is protected, as the majority of the EIR impacts were water
quality related.
The revised approach to the site avoids Middle Creek, but necessitates longer access
drives, and shifts the development closer to the frontage road to impact less of the hill.
The reconfiguration of the lot reduced the possibility for an on-site child learning facility
and now does not require the GU zoning designation to accommodate that use. As stated
previously, the proposed designation is similar to other areas of town, with the lowest
section of subdivisions being a developable zone district while the upper portion is
maintained as open space. This application seeks to mimic that configuration and
continue the Housing zone district in the furthest southern portion of the existing Tract A.
This will allow for access and development of this southern area.
Staff believes the proposed rezoning meets this review criterion.
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forwards a recommendation of approval, to the Vail Town Council, for a
zone district boundary amendment, pursuant to Section 12 -3-7, Amendment, Vail Town
Code, to allow for the rezoning of the proposed Lot 4 currently located at Tract A, Middle
Creek Subdivision, from the General Use (GU) and Natural Area Preservation (NAP)
Districts to the Housing (H) District and setting details in regard thereto. (PEC24-0008)
Staff’s recommendation is based upon the review of the criteria described in Section VII
of this memorandum and the evidence and testimony presented.
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Should the Planning and Environmental Commission choose to forward a
recommendation of approval, for this request, the Community Development
Department recommends the Commission pass the following motion:
“The Planning and Environmental Commission forwards a recommendation of
approval, to the Vail Town Council, for a zone district boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning
of the proposed Lot 4 currently located at Tract A, Middle Creek Subdivision, from
the General Use (GU) and Natural Area Preservation (NAP) Districts to the Housing
(H) District and setting details in regard thereto. (PEC24-0008)”
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, for this request, the Community Development
Department recommends the Commission makes the following findings:
“Based upon the review of the criteria outlined in Section VII this Staff memorandum
to the Planning and Environmental Commission dated March 25, 2024 and the
evidence and testimony presented, the Planning and Environmental Commission
finds:
1. That the amendment is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail comprehensive plan and is
compatible with the development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the zoning
regulations; and
3. That the amendment promotes the health, safety, morals, and general welfare
of the town and promotes the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality.
IX. ATTACHMENTS
A. Zone District Amendment Map
B. Applicant Narrative 3-25-2024
C. Terracon EIR 2-12-2022
D. Terracon EIR Summary 2-12-2022
E. Hazard Map
F. Slope Analysis
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Planning and Environmental Commission Minutes
Monday, March 25, 2024
1:00 PM
Vail Town Council Chambers
Present: Robert N Lipnick
William A Jensen
Scott P McBride
John Rediker
Henry Pratt
Robyn Smith
Absent: Brad Hagedorn
1.Virtual Link
Register to attend the Planning and Environmental Commission meeting. Once registered,
you will receive a confirmation email containing information about joining this webinar.
2.Call to Order
3. Worksession
3.1
A work session of the Planning and Environmental Commission to review a
Major Exterior Alteration, pursuant to Section 12-7B-7 Exterior Alterations or
Modifications, Vail Town Code for a new mixed-use building located at 17 Vail
Road, Vail Village Filing No. 2, Lot G. (PEC24-0011)
Work session Memo 3-25-24.pdf
PEC Worksession.pdf
Attachment A. Vicinity Map Firstbank.pdf
The applicants are represented by Jim Telling and Lou Bieker. They introduce the proposed
project. They give a presentation about the existing context and zoning standards. They walk
through the proposed site plan, parking, units on site, landscaping, and floor plans.
PEC expresses concerns that there is enough customer parking.
Applicants walk through the contemplated materials and architecture.
Rediker asks for public comment.
Matthew Wyatt represents the Vail Religious Foundation. CC1 does not allow for surface parking. He
talks about the terms of the parking easement agreement. They have concerns about the public
access and parking.
Michelle Taylor is with the Villa Cortina board. There is a concern about how close the new building is
to the property line. There wouldn’t be a problem if the large trees were to remain. The underground
garage to the property line will endanger the old trees in that area. She talks about the surface parking
on the north of the site, and access in the area.
Rediker asks for commissioner comments.
McBride has concerns about congestion, egress and ingress, shading, and public access to bank.
Jensen has concerns about the parking setup and management. The current maturity of the
landscape provides a lot of value for the community.
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Smith thanks applicants for efforts to conform with zoning regulations. If the trees will have to go, it’s
better to acknowledge it up front. The standards are applied consistently and appropriately regardless
of ownership. From a public perspective, ideally there isn’t a surface lot on the corner of that street.
Lipnick says the idea is great, reiterates concern about five surface parking spaces. Concerned about
access to residences, working out concerns with neighbors. What does the Town think about the
four spaces they own?
Pratt discloses his company’s name is on old First Bank drawings, he never worked on it. He has long
history of working with applicants, no financial interest in this, it’s his last meeting. Biggest issues are
with parking and loading; going from 11-12 surface spaces to 5-6. The snow storage is designed to
meet the letter of the law, will have practical difficulties. Deliveries in this little lot will inhibit parking,
CC1 requires you to take care of loading and delivery on site.
Rediker says he would like a better understanding of the roof plan and roof heights, and how the
design guide fits in it. Also raises no net loss landscaping, loading and delivery, neighbor concerns. If
issues can be worked out with neighbors in advance it is good outcome for everybody. Also concerns
with parking and congestion. He talks about the standards of CC1 with regard to setbacks and fire
resistant landscaping.
3.2
A work session of the Planning and Environmental Commission to review the
West Vail Master Plan – Chapter 2: West Vail Center for the future prescribed
regulations amendment application
Presenter: Matt Gennett, Community Development Director
Memo WVMP Phase 2 PEC 032524.pdf
West Vail Presentation.pdf
Community Development Director Gennett offers to table the item.
Robert N Lipnick made a motion to Table to the April 15, 2024 meeting; Scott P McBride seconded the
motion Passed (5-0).
4.Main Agenda
4.1 A request for the review of a variance from Section 12-6H -6 Setbacks, Vail Town
Code in accordance with the provisions of Section 12- 17, Variances, Vail Town
Code, to allow for the alteration of the front entry stair and roof within the front
setback, located at 114 Willow Road, Vail Village Filing 1 Block 6 Lot 7, Riva Ridge
Chalets South and setting forth details in regard thereto. (PEC23-0030)
Planner: Heather Knight
Applicant Name: Riva Ridge Chalets South, represented by Pierce Austin Architects
PEC23-0030_StaffMemo.pdf
Attachment A - PAA Project Narrative.pdf
Attachment B - PEC23-0030 Architectural.pdf
Attachment C - Vicinity Map.pdf
Planner Knight gives a presentation on the request. She talks about the context, zoning, and site plan.
Public Works does not have any concerns with the proposal.
Rediker says the building is encroaching on the setbacks, were the setbacks changed at some point?
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William Pierce and Jordan Kalasnik with Pierce Austin Architects are representing the applicant.
The zoning and setbacks were retroactively applied to the building as it predated the current
zoning.
Smith asks if the neighborhood has had similar variances for setbacks. Knight confirms.
The applicants give a presentation.
Jensen asks about landscaping. Kalasnik says a tree would be removed that doesn’t meet fire
code, along with concrete planter boxes, and new planter boxes will be installed.
Smith asks if the deck above the entryway is changing. Kalasnik says no. The encroachment is
approximately 2.5 feet, they’re looking at this as an architectural feature and to improve the
safety of the stairs by protecting them.
Rediker asks for public comment. There is none.
Rediker looked at criteria, setbacks applied retroactively creates a lot of difficulties. Agrees with
staff analysis that criteria are met.
Robert N Lipnick made a motion to Approve with the findings on page 11 of the staff report; Scott
P McBride seconded the motion Passed (6 - 0).
4.2 A request for review of a Minor Subdivision, pursuant to Section 13-4, Minor
Subdivisions, Vail Town Code, to create Lot 4, Middle Creek Subdivision,
located at Tract A, Middle Creek Subdivision. (PEC24-0010)
Planner: Greg Roy
Applicant Name: Town of Vail and Corum Real Estate Group
PEC24-0010 Staff memorandum.pdf
Attachment A. Final Plat dated 2-22-2024.pdf
Attachment B. Applicant Narrative 3-25-24.pdf
Attachment D. Terracon EIR Summary 2-12-2022.pdf
Attachment C. Terracon EIR 2-12-2022.pdf
Attachment E. Hazards Map.pdf
Attachment F. Slope Analysis.pdf
Attachment G. Vicinity Map Minor Subdivision.pdf
Planner Roy introduces the request. He walks through the history and proposed plat.
Rediker asks if there are utilities in the easement. Roy says he will have to check with ERWSD for
more details. They are looking to extend their lines on the north side of the frontage road related to
this project.
Roy continues with presentation. He walks through criteria and proposed conditions, proposing
to change the timing on some conditions.
Rediker asks for more information about the Open Lands plan.
Roy says it was done in 2018, this was not among those because it was looking at all of Tract A,
but it also didn’t have lot 4 separated out at that time. Open Lands Plan may have had a different
position if that lot was created at that time.
Pratt asks if there is a copy of the previous plat. Roy says he can indicate the areas in the presentation.
The applicant team is represented by George Ruther, Eric Komppa, Jesse Adkins, and Mason
Talkington.
Ruther gives an introduction and talks about the history. At the direction of Council, Community
Development did a feasibility study of developing housing on that site and a determination that a portion
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of Tract A was a developable lot. The 30-foot easement with ERWSD does not have anything in it today,
and is being vacated on this plat. Future improvements would be in the right of way. They are proposing
to change timing of the conditions from the recordation of plat to the building permit.
Rediker asks for public comment. There is none.
Lipnick reviewed criteria and is in support.
Jensen supports this, but it is stressful with the outstanding issues and impending closing. Roy clarifies
the ERWSD concerns.
Rediker asks about the current zoning.
Pratt says in 2022 he did not agree with this and still doesn’t. It does not meet criteria #7. The Open
Lands plan does not identify this as developable land. It does not meet criteria 8 and the preservation
of hillsides. What was approved in 2022 was supposed to be focused on the eastern part of this. Not
in favor of this.
Smith agrees with Lipnick. This meets the criteria as it relates to the minor subdivision.
McBride appreciates staff’s findings in the memo. There is a difference now between what was
addressed in the 2018 Open Lands plan. He echoes Jensen’s comments that this feels rushed, it’s
not ideal to be put in that situation.
Rediker confirms none of this goes forward unless there is a title report.
Scott P McBride made a motion to Approve with the findings and conditions on page 16 of the
staff report and amending conditions 2, 3, and 4, replacing “prior to recording of the plat” with
“prior to applying for a building permit” and amending condition 1, replacing “prior to the
issuance of” with “prior to applying for”; Robert N Lipnick seconded the motion Passed (5 - 1).
Voting For: William A Jensen, Robert N Lipnick, Robyn Smith, John Rediker, Scott P McBride Voting Against: Henry Pratt
4.3
A request for a recommendation to the Vail Town Council for a review of a Vail Land
Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land
Use Plan, to change the designation of the proposed Lot 4, currently located at Tract A,
Middle Creek Subdivision, from Open Space and Public/Semi-Public to High Density
Residential. (PEC24-0007)
Planner: Greg Roy Applicant Name: Town of Vail and Corum Real Estate Group PEC24-0007 Staff Memorandum.pdf Attachment A. Proposed Land Use Amendment.pdf
Attachment C. Terracon EIR 2-12-2022.pdf
Attachment B. Applicant Narrative 3-25-24.pdf
Attachment D. Terracon EIR Summary 2-12-2022.pdf
Attachment E. Hazards Map.pdf
Attachment F. Slope Analysis.pdf Items 4.3 and 4.4 are heard concurrently.
Planner Roy gives an introduction.
Rediker asks if an update is needed for the Environmental Impact Report (EIR). Roy says an update
may be appropriate, but the significant findings would not be expected to change. Jensen says if this was a non-governmental developer, how would this go. Could an updated EIR be a
condition. Roy says that could be appropriate.
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Rediker thinks an update is appropriate, wants to understand that the impacts will not become
more acute. Pratt says the proposal includes a 60-foot cut on the west end, which could have impacts as well.
Smith says it was a little bit unusual when that EIR was requested at the time. If it was a
private developer, we would have waited until there was a development to evaluate. Roy says that’s correct; it was a general evaluation.
Smith wants to make sure we’re asking for the information we need and asking for it at the right time.
Is there a way for the administrator to ask for an update of the environmental impacts that are of
concern and driven by the development plan.
Jensen suggests recommending to council that the EIR be revisited with this new information.
Rediker says he has a difficult time seeing the criteria being met, without assurances on the EIR.
Ruther says regarding the land use criteria, it doesn’t need to be something in error for the planning
commissions to approve this. We don’t believe it’s in error, just that conditions have changed. There
are demonstrated results of the need for housing from the last 50 years, identify sites for future
housing that may have been overlooked in the past. He talks about the history of the site. We know
now more today about these sites, than when the application came through. The EIR can be
updated, but that original also looked at the surrounding areas above and to the west of lots four and
five. He talks about the soils report.
McBride says we’re increasing Lot 4, what’s the best answer to say this is justified to take away
open space. Ruther says that was one of the considerations Council had when Community Development was
directed to identify sites for housing in the community. There is the consideration that not all open
space was created equally, and the Town has since amended its development regulations. The Town
knows more today about that specific space than when it was put into the NAP zone district.
McBride says given the original and proposed size of lot 4, what is the difference in employee
housing that is available? Ruther says the original approval were in the range of 150-175 dwelling units, with the added land
area the design was increased to 260-270 dwelling units. Jensen says another town had two types of open space, and housing development were permitted
within one designation. Something to think about. Roy talks about the difference between designated open space and NAP zoning.
Smith is on the open lands board. The Town has looked at the designations over time, many
parcels have changed zoning and land use. This parcel has not been identified as highly
environmentally sensitive.
Rediker asks about the application in 2022. Ruther clarifies. The General Use (GU) designation was
put in place so that it could accommodate customary or incidental uses if that was deemed desirable. Roy and Smith discuss uses in GU and Housing district.
Rediker asks about the regulatory buffers around Middle Creek. Roy states that in terms of the lot and stream setbacks, the more restrictive measure applies.
Rediker’s wants to make sure there are no more negative impacts to the watershed.
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Roy says the EIR looked at water quality issues and included best management practices for
mitigation. It appears the access road will be on that side of the lot, snow storage will be another
consideration in that area.
Smith asks how these concerns can be incorporated.
Roy says it can be included in the recommendation to council.
Jensen says the reality is we’re only making a recommendation here. He likes the language of
when a building permit is issued, so it knows what we’re dealing with. Ruther says they have been sensitive not mixing the development application with the land use
applications. But for context, the nearest building to is roughly 200 feet from the two year flood line.
There is also an environmental sustainability group on the development team. If you recommend the
EIR be updated, suggest that it is prior to applying for building permits.
Lipnick asks how long would the EIR update take?
Ruther says he’s hopeful it could be done in 6-8 weeks, but he doesn’t know the schedule for sure.
We are supportive of an updated EIR, let’s get it at the appropriate time. Rediker asks if there is anything further to share regarding the slope analysis.
Ruther says in order to address this housing problem, we’re all forced to deal with the more
challenging and constraining sites, valley wide. Rediker asks for public comment. There is none.
Pratt disagrees that these are developable sites that we need to build housing. The process to get
here is death by one thousand cuts. The proposal has changed, the Town has removed 40% slope
restrictions, removed the PEC from review, and changed retaining wall heights. We’re looking at a
building with 60-foot-high retaining walls, and a hillside that has been identified as open space. As we
go through housing projects, we need to deal with quality-of-life issues. We’re rushing headlong into
this, especially given that the future is changing so fast. Agrees we need housing, but this isn’t the
place and the process has been railroaded.
Lipnick says the critical issue in this valley is housing. The lots above the North Frontage Road
have been identified as opportunities, he supports this project. There are things that need to be
updated but supports housing in this town. Others have suggested housing down valley, but it
brings into play commuting and parking issues. Having housing in the town is critical.
Smith finds that the criteria has been met for the land use and zone district boundary amendment.
She hears what Pratt says, but every time we’ve had the opportunity to infill housing in residential
neighborhoods the argument has always been just not here, not now. And now 40 years later, we
have reached a crisis point. We know it is large, high-density housing. It meets the criteria, there is a
valid opportunity to get another look at the EIR, that is a separate consideration.
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Rediker believes the criteria is met in 4.3. He is struggling with 4.4, which has different set of criteria.
He has concerns with criteria 5. The PEC has a desire to update the EIR and design to have minimal
impacts on west middle creek. Concerned about changing zoning without assurances the proper
protections will be in place in terms of protecting the natural environment.
Robyn Smith made a motion to Recommend for approval with the findings on page 9 of the staff
report; Robert N Lipnick seconded the motion Passed (5 - 1).
Voting For: William A Jensen, Robert N Lipnick, Robyn Smith, John Rediker, Scott P McBride
Voting Against: Henry Pratt
4.4 A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12- 3-7, Amendment, Vail Town
Code, to allow for the rezoning of the proposed Lot 4 currently located at Tract
A, Middle Creek Subdivision, from the General Use (GU) and Natural Area
Preservation (NAP) Districts to the Housing (H) District. (PEC24-0008)
Planner: Greg Roy Applicant Name: Town of Vail and Corum Real Estate Group Attachment A. Zone District Amendment Map.pdf Attachment B. Applicant Narrative 3-25-24.pdf
Attachment C. Terracon EIR 2-12-2022.pdf
Attachment D. Terracon EIR Summary 2-12-2022.pdf
Attachment E. Hazards Map.pdf
Attachment F. Slope Analysis.pdf
PEC24-0008 Staff Memo.pdf
Robyn Smith made a motion to Recommend for approval with the findings on page 13 of the staff
report; Robert N Lipnick seconded the motion Passed (4 - 2).
Voting For: William A Jensen, Robert N Lipnick, Robyn Smith, Scott P McBride
Voting Against: Henry Pratt, John Rediker
4.5
A request for review of a variance from Section 14-6-7, Retaining Walls, Vail Town
Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for
retaining walls in excess of fifteen feet (15’) in height located on the proposed Lot 4,
currently located at Tract A, Middle Creek Subdivision (PEC24-0009)
Planner: Greg Roy Applicant Name: Town of Vail and Corum Real Estate Group PEC24-0009 Staff Memo.pdf Attachment A. Variance Vicinity Map.pdf
Attachment B. Applicant Narrative 3-25-24.pdf
Attachment C. Project Plans.pdf
Attachment D. Slope Analysis.pdf
Roy introduces the request. He reviews the site plan, sections, and criteria.
Smith asks if this is the first applicant subject to the 15-foot regulations? Roy confirms. Smith asks
procedural questions.
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8
Ruther addresses criteria 2, we don’t believe there is special privilege. In the absence of a variance
approval, the applicant is denied the chance granted for housing in other areas. In no instances are the
walls any taller than necessary to achieve development objectives. Timber Ridge, Lionsridge, Solar Vail,
and West Middle Creek face the same challenges. When it’s time to address the housing needs, only
the most physical challenging sites are left.
Adkins, Komppa, and Mason Talkington give a presentation discussing site considerations, like
technical considerations, maintaining setbacks to property lines, fire access, and site constraints.
The proposal could meet the 15-foot requirements, but they are requesting relief for the modular
approach to improve the qualitative aspect, and break down the scale of the walls. The monolithic
approach meets the criteria height criteria, but the DRB was not pleased aesthetically.
PEC and applicants discuss the heights and details of the modular approach.
They discuss the considerations of the bus stop and associated walls. Discussion of terraced areas
and how that plays into variance request.
Pratt asks how the wall will be perceived from the frontage road. Adkins says the modulation will
help mitigate the visual impact. Rediker asks about why there is an elevator. It is for ADA considerations.
Pratt asks if the Town was interested in running the bus up the drive with that many beds.
Ruther says they were interested, there were challenges with accessibility. If the town could get
the busses up there, we would prefer to have them on site. Smith says the user experience for the rider should also be considered.
Ruther says the Town is also considering an employee express route which would improve on
the experience. Smith asks about the mobility plan and if it will come back to PEC. Roy says it will depend on the
parking accommodations and count if it will require a mobility plan.
Smith asks about solar. The applicants are exploring that possibility in a couple of areas.
Jensen absolutely thinks the aesthetic approach is a better result. They have made a
convincing argument for the modulation. Rediker asks for public comment.
Steve Lindstrom is with the VLHA. There has been a big design evolution, he is encouraged by the
evolution, when you see it in action that’s what makes it worthwhile. This is making the best out of one
of these tough sites that is left.
Douglas Smith is in West Vail. He is in favor of anything we can do to strengthen and support the
bus system. Pratt is opposed to the project, but he does applaud this approach.
Lipnick says there will be greater access to the residents, and the requested design of the walls is better.
Smith says the intent of the Housing code change, was to free the PEC from variance requests regarding
wall height. The variance process isn’t well set up to be subjective and discretionary. Agrees this is
probably a better design but we should stick with the criteria or change it. It fails to meet the criteria.
Rediker references criteria 2. He respects staff analysis, but the request is achieving compatibility
with the objectives of Title 12. References 12-1, these purposes are being satisfied with these slight
165
9
deviations in certain areas.
William A Jensen made a motion to Approve with the conditions and findings on page 9 and 10 of
the staff report; Robert N Lipnick seconded the motion Passed (4 - 1) (McBride absent).
Voting For: William A Jensen, Robert N Lipnick, Henry Pratt, John Rediker
Voting Against: Robyn Smith
5. Approval of Minutes
5.1 PEC Results 3-11-24 PEC_Results_3-11-24.pdf
Robert N Lipnick made a motion to Approve ; Robyn Smith seconded the motion Passed (5 - 0)
(McBride absent).
6. Information Update
Roy and Rediker thanks Pratt for his years of service on Town boards.
7. Adjournment
Henry Pratt made a motion to Adjourn ; Robert N Lipnick seconded the motion Passed (5 - 0)
(McBride absent).
Planning and Environmental Commission Meeting Minutes of March 25, 2024 166
Tract A
CDOT Acquisition Parcel- Not Designated -
Proposed parcel carvedfrom Tract A
Lot 4
N FRONTAGE RD W
I 70 Westbound
I 70 Eastbound
S FRONTAGE RD W I 70 ON-RAMP (176 WESTBOUND)
I
Subject Property
0 100 200 30050Feet
Z o n e D i s t r i c t A m e n d m e n t P r o p o s a lZone D i s t r i c t A m e n d m e n t P r o p o s a lMiddle C r e e k S u b d i v i s i o n , L o t 4Middle C r e e k S u b d i v i s i o n , L o t 4
1 9 9 N o r t h F r o n t a g e R o a d W e s t199 N o r t h F r o n t a g e R o a d W e s t
Lot 4
Tract AProposed parcel carvedfrom Tract A
N FRONTAGE RD W
I 70 Westbound
I 70 Eastbound
S FRONTAGE RD W I 70 ON-RAMP (176 WESTBOUND)
This map was crea te d b y th e Town of Va il GIS Tea m. Use of this map should be for g ene ral purposes on ly. Th e To wn of Va il does n ot wa rrant th e a ccu ra cy of the informatio n containe d herein.(whe re shown, parcel lin e w ork is ap pro ximate)
Last Modified: March 14, 2024
Proposed
Existing
Housing (H )Natural Area Preservation (NAP)General Use (GU)
167
AGENDA ITEM NO. 7.2
Item Cover Page
DATE:May 7, 2024
TIME:20 min.
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Ordinance
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 05, Series of 2024, Second Reading, 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
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 05,
Series of 2024, upon second reading.
PRESENTER(S):Deputy Chief Justin Liffick, Vail Police Department
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
MTC to Council
Ordinance No. 05 - Model Traffic Code
State Fine Schedule
B. Allen Letter (MTC)
168
May 2, 2024
To:Town Council
Through:Russell Forrest
Town Manager
From:Ryan Kenney
Chief of Police
Subject:2020 Model Traffic Code
The purpose of this memorandum is to address the factors involved in implementing a fine
schedule. In April of this year, Council approved the first reading of ordinance number 5, series
of 2024, with the instructions to provide additional information on the fine schedule. Staff would
like to clarify what is happening today when a citation is written and what will change if the MTC
is adopted.
Currently, there are two sperate fine schedules available to Vail officers, state and municipal.
When issuing a citation, Vail police officers have the option of writing a citation using state statutes
or Vail municipal codes. If an officer chooses a state statute, the citation is processed through the
county using the state fine schedule. The current state fine schedule accompanies this
memorandum.
Most of the state fines have a surcharge attached to the fine. An example is careless driving. The
fine is $150 with a $17 surcharge for a total cost of $167. The state applies a surcharge to collect
funding for certain programs such as DUI education and police training. When a fine is paid on a
state violation, the county processes the fine and distributes the money to the appropriate agency.
If an officer issues a citation using a municipal violation, that citation is processed through the
Town of Vail and currently uses the fine schedule established by the municipal judge. The Town
of Vail does not apply surcharges to our fines, and we are not required to. An example is careless
driving. The fine is $80 with no surcharge included. When a fine is paid, the Town processes the
payment, and no surcharge is collected. The collection and dissemination of surcharges is
manpower intensive and complicated. Currently, staff is not recommending the addition of
surcharges.
If the MTC is adopted, the way state and municipal violations are processed will not change. State
violations will continue to have a surcharge applied and processed through the county and
municipal violations will not have a surcharge. The adoption of the MTC does not limit our ability
to modify fines, it simply gives us a standardized platform.
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Town of Vail Page 2
Staff has created a fine schedule based on the state schedule. The new fine schedule mirrors the
state schedule without applying surcharges. An example is careless driving. The state fine is $150
plus a $17 surcharge for a total cost of $167. The new municipal fine for careless driving would
be $167 with no surcharge, keeping the total cost identical. I have confirmed with the Town
Attorney that the Town does not need to apply a surcharge to fines.
Having a fine schedule that mirrors the state schedule is beneficial for several reasons. Consistency
with the fine schedule makes it easier for officers to retain fine amounts, simplifies our internal
citation software, keeps fines consistent with state guidelines and allows us to keep our judicial
and executive branches of government separate. Council approves a fine schedule, and the
municipal judge applies that fine with their legal discretion.
The adoption of the MTC with a modified Part 17 will allow us to continue issuing citations under
state statute while having a matching municipal option. Staff is recommending the adoption of the
MTC with a modified Part 17 (the addition of the attached fine schedule). This will allow us to be
consistent with the State’s recommendations while still having the flexibility to change fines if
Council decides a change is needed.
We are requesting Council adopt the 2020 Colorado Model Traffic Code with the documented
modifications.
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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 Bibbens, 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 Bibbens, Town Clerk
174
Code Description Requires Court Fine Surcharge Total Muni
42-4-1402(2)(a)CARELESS DRIVING NO 150 17 167 167
42-4-1402(2)(c)CARELESS DRIVING CAUSING DEATH YES
33-15-112 CARELESS DRIVING ON STATE LAND NO 100 16 116 116
42-4-1402(2)(b)CARELESS DRIVING RESULTING IN INJURY YES
42-4-1402 CARELESS DRIVING:FAILED TO YIELD RIGHT-OF-WAY TO STATIONARY VEHICLE (EMERGENCY,CARRIER,PUC)NO 150 17 167 167
42-4-1402 CARELESS DRIVING:FAILED TO YIELD RIGHT-OF-WAY TO STATIONARY VEHICLE WHERE TIRES BEING EQUIPPED W/CHAINS NO 150 17 167 167
42-4-1402 CARELESS DRIVING:FAILED TO YIELD RIGHT-OF-WAY TO STATIONARY/SLOW MOVING VEHICLE (MAINTENACE/REPAIR/CONSTRUCTION)NO 150 17 167 167
42-4-705(2) CARELESS DRIVING-PASS EMERGENCY VEHICLE NO 150 17 167 167
42-4-807 CARELESSLY HITTING PEDESTRIAN NO 70 11 81 81
42-3-114 DISPLAYED EXPIRED LICENSE PLATES (1-29 DAYS)NO 35 8 43 43
42-3-114 DISPLAYED EXPIRED LICENSE PLATES (30-59 DAYS)NO 50 12 62 62
42-3-114 DISPLAYED EXPIRED LICENSE PLATES (60 AND OVER DAYS)NO 75 18 93 93
42-2-101(4)DRIVER'S LICENSE-DRIVING OUTSIDE CLASS NO 35 11 46 46
42-2-101(1)DRIVERS LICENSE-DRIVING W/OUT NO 35 11 46 46
42-2-101(1)DRIVERS LICENSE-DRIVING W/OUT 2ND OFFENSE NO 35 11 46 46
42-2-132.5(10)(a) DRIVERS LICENSE-EVADE INTERLOCK YES
42-2-101(2)DRIVERS LICENSE-EXPIRED I YEAR/LESS NO 15 7 22 22
42-2-119 DRIVERS LICENSE-FAIL CHANGE NAME/ADDRES NO 15 7 22 22
42-2-129 DRIVERS LICENSE-FAIL/SURREND-ALCOHOL YES
42-2-137 DRIVERS LICENSE-FALSE AFFIDAVIT YES
42-2-136(1)(b)DRIVER'S LICENSE-FRAUDULENTLY OBTAIN YES
42-2-106 DRIVERS LICENSE-INSTRUCTION PERMIT VIOL NO 70 11 81 81
42-2-404(2)DRIVER'S LICENSE-MULTIPLE LICENSES YES
42-2-404(1)DRIVERS LICENSE-NO COMMERCIAL LIC YES
42-2-101(5)DRIVERS LICENSE-NOT IN POSSESSION NO 15 7 22 22
42-2-101(3)DRIVERS LICENSE-NOT ON PERSON NO 15 7 22 22
42-2-139 DRIVERS LICENSE-PERMIT UNAUTH MINOR/DR NO 35 11 46 46
42-2-140 DRIVERS LICENSE-PERMIT UNAUTH PERSON/DR NO 35 11 46 46
42-2-136(5)DRIVER'S LICENSE-PERMIT UNLAWFUL USE NO 35 11 46 46
42-2-136(1)DRIVER'S LICENSE-POSSESS ALTERED NO 35 11 46 46
42-2-136(2)DRIVER'S LICENSE-POSSESS FALSE NO 35 11 46 46
42-2-115 DRIVER'S LICENSE-REFUSE TO DISPLAY NO 35 11 46 46
42-2-136(4)DRIVER'S LICENSE-REFUSE/SURREN ON DEMAND YES
42-2-141 DRIVERS LICENSE-RENT TO UNLICENSED NO 35 11 46 46
42-2-136(5.5)DRIVER'S LICENSE-UNLAWFUL COPYING YES
42-2-136(3)DRIVER'S LICENSE-USE ANOTHER PERSON'S NO 35 11 46 46
42-2-134 DRIVERS LICENSE-USE FOREIGN/SUSPENSION NO 35 11 46 46
42-2-404(3)DRIVER'S LICENSE-VIOLATE COMMERCIAL REG YES
42-2-116(4)DRIVERS LICENSE-VIOLATE RESTRICTION NO 30 7 37 37
42-2-206(1)(a)DRIVING AFTER REVOCATION PROHIBITED (HTO YES
42-4-1103(1)DRIVING TOO SLOWLY NO 50 27 77 77
42-7-422 DRIVING UNDER FRA SUSPENSION NO 100 16 116 116
42-2-138(1)(b)DRIVING UNDER RESTRAINT-2D OFF NO 100 100 100
42-2-138(1)(d)DRIVING UNDER RESTRAINT-ALCOHOL-RELATED NO 100 16 116 116
42-2-206(1)(b)DRIVING W/REVOKED LICENSE-AGG YES
42-4-1408 DRIVING WHERE PROHIBITED BY PARK DIST NO 15 5 20 20
42-2-138(1)(d)DRIVING/RESTRAINT-ALCOHOL-RELATED-2D OFF YES
42-2-101(1)DROVE VEHICLE W/OUT DL-RESIDENT OVER 30 DAYS NO 35 11 46 46
42-4-237(2)DROVE VEHICLE WHEN FRONT SEAT PASSENGER NOT SECURED BY SAFETY BELT NO 65 7 72 72
42-4-237(2)DROVE VEHICLE WHEN SAFETY BELT NOT IN USE NO 65 7 72 72
42-2-132.5(11)(b) DROVE W/INTERLOCK YES
19-3(a)Drove Without Headlights, 2 pts NO 40 40 40
State Offenses in Brazos as of March 2024
175
42-4-903(2)FAIL TO SIGNAL FOR REQUIRED DISTANCE NO 70 11 81 81
42-4-903(3)FAIL TO SIGNAL STOP/SUDDEN SLOWING NO 70 11 81 81
42-4-704 FAIL TO YIELD RIGHT OF WAY/ENTER ROADWAY NO 70 11 81 81
42-4-701 FAIL TO YIELD RIGHT OF WAY/INTERSECTION NO 70 11 81 81
42-4-702 FAIL TO YIELD RIGHT OF WAY/LEFT TURN NO 70 11 81 81
42-4-802(1)FAIL TO YIELD RIGHT OF WAY/PEDESTRIAN NO 30 7 37 37
42-4-703(3)FAIL TO YIELD RIGHT OF WAY/STOP SIGN NO 70 11 81 81
42-4-713 FAIL TO YIELD RIGHT OF WAY/TRANSIT BUS NO 70 11 81 81
42-4-712(1),(2)FAIL TO YIELD RIGHT OF WAY/WORK AREA NO 70 11 81 81
42-4-703(4)FAIL TO YIELD RIGHT OF WAY/YIELD SIGN NO 70 11 81 81
42-4-1001(1)(b)FAIL YIELD ONCOMING TRAFFIC NO 70 11 81 81
42-4-1206 FAILED TO (LOCK IGNITION OF/REMOVE KEY FROM) PARKED VEHICLE NO 15 7 22 22
19-7 Failed to comply with inspection NO 40 40 40
22-13 Failed to Comply with Notice on Parked Vehicle YES
42-4-106(5)(a)(I) FAILED TO COMPLY WITH TIRE/CHAIN RESTRICTIONS NO 100 33 133 133
42-4-106(5)(a)(II) FAILED TO COMPLY WITH TIRE/CHAIN RESTRICTIONS RESULTING IN ROAD CLOSURE ONE OR MORE DIRECTIONS NO 500 157 657 N/A
20-15 Failed to Dim Lights, 2 pts NO 40 40 40
20-14 Failed to display emblems for slow vehicle NO 50 50 50
33-14.5-112(1)(b) FAILED TO DISPLAY OFF-HWY VEH NO 100 16 116 116
42-4-1007(1)(a)FAILED TO DRIVE IN SINGLE LANE-WEAVING NO 100 11 111 111
42-4-510 Failed to Have Escort Vehicle When Required By Oversize/Overweight Permit NO 250 93.5 343.5 N/A
17-11(b)Failed to obey posted no right turn, left turn or u-turn NO 80 80 80
22-10 Failed to Obey Summons, 0 pts YES
17-11(a)Failed to obey traffic control devices NO 80 80 80
42-4-510 Failed to Reduce Speed When Required by Oversize/Overweight Weight Permit NO 250 93.5 343.5 N/A
2-Sep Failed to use highway entrance or exit NO 60 60 60
42-4-705(1) FAILED TO YIELD RIGHT-OF-WAY TO EMERGENCY VEHICLE NO 70 17 87 87
42-4-715 FAILED TO YIELD RIGHT-OF-WAY TO LARGE VEHICLE IN ROUNDABOUT NO 70 12 82 82
16-11 Failed to yield to blind NO 80 80 80
42-4-1606(1)FAILING TO REPORT ACCIDENT-CALL POLICE YES
18-12-113 FAILURE REPORT LOST/STOLEN FIREARM NO 100 16 116 116
42-4-1409(3)FAILURE TO DISPLAY PROOF OF INSURANCE YES
42-4-1003(1)(c)FAILURE TO GIVE WAY WHEN OVERTAKEN NO 100 11 111 111
18-9-119(2)FAILURE TO LEAVE PREMISES YES
18-9-119(2),(3)FAILURE TO LEAVE PREMISES-HOLD HOSTAGE YES
17-21 Failure to obey bicycle and motorized bicycle prohibited signs NO 60 60 60
2-2(a)Failure to Obey Stop Sign, 4 pts NO 80 80 80
17-14 Failure to operate bicycle at a reasonable and prudent speed under existing conditions NO 60 60 60
610 FAILURE TO PAY AT PARKING STRUCTURE NO 50 50 50
17-12(a)Failure to ride astride permanent and regular bicycle seat NO 60 60 60
17-13(a)Failure to ride on right side of road NO 60 60 60
12-13-3(4)Failure to Submit Sworn Affidavit-General Requirements YES
17-13(c)Failure to use adjacent bicycle path NO 50 50 50
1-1(a)Failure to yield at uncontrolled intersection NO 60 60 60
17-18(b)Failure to yield right of way to pedestrian on sidewalk/failure to give NO 60 60 60
17-15 Failure to yield to pedestrians and traffic when emerging from an alley NO 60 60 60
1-1(b)Failure to yield to vehicle on right NO 60 60 60
42-4-1403 FOLLOWING FIRE APPARATUS NO 30 7 37 37
20-8 Following fire apparatus NO 60 60 60
42-4-1008(1)FOLLOWING TOO CLOSE NO 100 11 111 111
42-4-1008(2)FOLLOWING TOO CLOSELY-DRAWING VEHIC NO 100 11 111 111
42-4-609 HAND SIGNAL IMPROPER NO 15 7 22 22
42-20-111 HAZARDOUS MAT VIOL-AID/ABET/CONSPIRE YES
42-20-113(3)HAZARDOUS MATERIAL SPILL-FAIL GIVE NOTIC YES
42-20-204(2)HAZARDOUS MATERIAL-NO PERMIT IN CAB NO 25 25 25
176
42-20-305 HAZARDOUS MATERIAL-ROUTE DEVIATION NO 250 1 251 N/A
42-20-201;42-20-204(1)HAZARDOUS MATERIAL-TRANSP W/OUT PERMIT NO 250 1 251 N/A
42-20-109(2)HAZARDOUS MATERIAL-VIOL TRANSPORT REG NO 250 67 317 317
42-20-204(3)HAZARDOUS MATERIAL-VIOLATE PERMIT TERM YES
42-20-109(1)HAZARDOUS MATERIAL-VIOLATION GENERAL REG YES
42-20-201;42-20-204(1)HAZARDOUS MAT-INTENT TRANSP W/OUT PERMIT YES
42-4-205 HEAD LAMP EQUIPMENT-IMPROPER NO 15 7 22 22
42-4-219 HEADLAMPS-EXCESS NUMBER NO 15 7 22 22
42-4-217(1)(a)HEADLAMPS-FAILURE TO DIM-APPROACHING ONCOMING VEH NO 15 7 22 22
42-4-217(1)(b)HEADLAMPS-FAILURE TO DIM-FOLLOWING ANOTHER VEH NO 15 7 22 22
42-4-204 HEADLAMPS-FAILURE TO DISPLAY NO 15 7 22 22
42-4-217(1)HEADLAMPS-IMPROPER DISTRIBUTION NO 15 7 22 22
17-19(a)Headlight and reflector required NO 40 40 40
42-4-224(1)HORN-INOPERATIVE NO 15 7 22 22
606 IMPEDING TRAFFIC NO 50 50 50
20-6 Improper Backing NO 40 40 40
42-4-1007(1)(b)IMPROPER DRIVING IN CENTER LANE NO 100 11 111 111
42-4-220 IMPROPER LIGHTING ON VEHICLE/TRAILER NO 15 7 22 22
42-4-711 IMPROPER MOUNTAIN DRIVING NO 100 11 111 111
42-4-1412(11)IMPROPER PARKING OF BICYCLE NO 15 7 22 22
42-4-1005(2)(c)IMPROPER PASS-BRIDGE/TUNNEL NO 100 11 111 111
42-4-1005(2)(a)IMPROPER PASS-HILL/CURVE NO 100 11 111 111
42-4-1005(2)(b)IMPROPER PASS-INTERSECT/RR CROSS NO 100 11 111 111
42-4-1005(3)IMPROPER PASS-SIGN/MARKERS NO 100 11 111 111
42-4-805(7)IMPROPERLY PICKING UP PEDESTRIAN NO 15 7 22 22
20-1(e)Interfering with Driver, 2 pts NO 60 60 60
16-7(d)Intoxicated in roadway, 0 pts YES
42-4-604(1)(e)LANE USE-DRIVING WHERE PROHIBITED BY RED NO 100 11 111 111
42-4-1601(2)(c)LEAVING SCENE/ACCIDENT INVOLVING DEATH YES
42-4-1601(2)(a)LEAVING SCENE/ACCIDENT INVOLVING INJURY YES
42-4-1601(2)(b)LEAVING SCENE/ACCIDENT INVOLVING SBI YES
42-4-1601(1),(2)(b)LEAVING SCENE/ACCIDENT INVOLVING SBI YES
42-4-1602 LEAVING SCENE/ACCIDENT-DAMAGE ONLY YES
42-4-1605 LEAVING SCENE/ACCIDENT-HIGHWAY FIXTURE YES
42-4-1604 LEAVING SCENE/ACCIDENT-UNATTENDED VEH YES
42-4-1406(5)(b)(II)LEFT/THREW HUMAN WASTE CONTAINER ON HWY YES
42-3-202(2)(b)LICENSE PLATE NOT AUTOMATICALLY READABLE NO 100 33 133 133
42-3-202(1)(b)LICENSE PLATE TABS-UNLAWFUL DISPLAY NO 15 7 22 22
42-3-203(3)(a)LICENSE PLATES-EXPIRED TEMP PERMIT NO 15 7 22 22
42-3-202(2)(a)LICENSE PLATES-NOT CLEARLY VISIBLE NO 15 7 22 22
42-3-202(1)(a)LICENSE PLATES-UNLAWFUL DISPLAY NO 15 7 22 22
19-2(a)Lights, brakes & other NO 40 40 40
20-10 Littering Streets or Highway, 0 pts NO 150 150 150
18-4-511 LITTERING-FIRST OFFENSE NO 100 16 116 116
42-3-235(4)LIVERY PLATE-IMPROPER DISPLAY NO 75 25 100 100
42-4-1106 MINIMUM SPEED LEFT LANE I70 NO 100 37 137 137
42-4-116(2)MINOR DRIVER-DRIVE BETWEEN MIDNIGHT/5AM YES
42-4-116(1)(b)MINOR DRIVER-MORE THAN ONE PASS UNDER 21 YES
42-4-116(1)(a)MINOR DRIVER-PASSENGER UNDER 21 YES
42-2-105 MINOR OPERATING COMMERCIAL VEH NO 70 11 81 81
42-2-105 MINOR OPERATING SCHOOL VEHICLE NO 70 11 81 81
33-14-109 MINOR OPERATING SNOWMOBILE NO 100 9 109 109
42-2-105 MINOR TRANSPORTING EXPLOSIVES NO 70 11 81 81
42-4-1208(3)(a)Misuse of Designated Disabled Parking Space (First Offense)NO 150 33 183 183
17-12(b)More riders than bicycle designed and eqipped to carry NO 60 60 60
177
42-6-140 MOTOR VEH-FAIL REGIST BECOMING RESIDENT YES
40-10.1-401; 40-10.1-114MOTOR VEHICLE CARRIER-TOW WITHOUT A PERMIT YES
40-10.1-114 MOTOR VEHICLE CARRIER-VIOLATE RULE/REG YES
42-3-308(3)(b)MOTOR VEHICLE TAX-FAILURE TO PAY NO 15 5 20 20
42-14-106 MOTOR VEHICLE-COVERED VEHICLE IDLING NO 150 21 171 171
42-4-1503 MOTORCYCLE IMPROPER LANE USAGE NO 35 7 42 42
42-4-1502 MOTORCYCLE RIDING IMPROPER NO 35 7 42 42
42-4-1502(4.5)MOTORCYCLE/SCOOTER-HELMET VIOLATION NO 100 36 136 136
42-4-232(3)MOTORCYCLE-NO FOOTREST FOR PASSENGER NO 15 7 22 22
17-18(c)Motorized bicycle prohibited on sidewalks NO 60 60 60
42-4-225(1.5)MUFFLER (NO/INADEQUATE) ON VEHICLE EQUIPPED WITH JAKE BRAKE NO 500 186 686 N/A
42-4-225(1)MUFFLER-LOUD NO 15 7 22 22
17-19(b)No audible signal device NO 15 15 15
42-4-209 NO FLAG ON PROJECTING LOAD NO 15 7 22 22
42-4-1409(4)(b)NO INSURANCE-2D YES
42-4-1409(2)NO INSURANCE-DRIVER YES
42-4-1409(1)NO INSURANCE-OWNER YES
20-13(a)No Protective Eye Covering on Motorcycle, 3 pts NO 60 60 60
18-9-107(1)(b)OBSTRUCT HIGHWAY/PASSAGE-DISOBEY ORDER YES
42-4-201(2)OBSTRUCTED VIEW - PASSENGER ENDANGER NO 35 11 46 46
42-4-201(4)OBSTRUCTED VIEW - WINDSHIELD NO 35 11 46 46
42-4-201(6)OBSTRUCTED VIEW-RIDER ATTACHED TO VEH NO 35 11 46 46
20-1(d)Obstructed Windshield, 2 pts NO 40 40 40
43-5-301 OBSTRUCTING HIGHWAY NO 100 16 116 116
18-9-107(1)(a)OBSTRUCTING HIGHWAY/PASSAGEWAY YES
42-4-1704 OFFENSE BY PERSON CONTROLLING VEH NO 15 7 22 22
33-14.5-113 OFF-HIGHWAY VEHICLE ACCIDENT-FAIL NOTIFY NO 100 16 116 116
25-12-110 Off-Highway Vehicle Exceeding Sound Emissions NO 100 16 116 116
33-14.5-108 OFF-HIGHWAY VEHICLE OPERATED ON STREET NO 50 9 59 59
33-14.5-108.5(1) OFF-HIGHWAY VEHICLE-CROSSING PROHIBITED NO 100 9 109 109
33-14.5-102(2)(a) OFF-HIGHWAY VEHICLE-DEALER REGIS VIOLATI NO 100 9 109 109
33-14.5-104(6)OFF-HIGHWAY VEHICLE-FAIL PRODUCE REGISTR NO 100 16 116 116
33-14.5-109(1)(b) OFF-HIGHWAY VEHICLE-NO BRAKES/MUFFLER NO 100 16 116 116
33-14.5-109(1)(a) OFF-HIGHWAY VEHICLE-NO LIGHTS NO 100 16 116 116
33-14.5-104(5)OFF-HIGHWAY VEHICLE-NUMBER NOT DISPLAYED NO 100 16 116 116
33-14.5-102(1)(a) OFF-HIGHWAY VEHICLE-UNREGISTERED NO 100 9 109 109
20-5 Opened door in path of traffic NO 50 50 50
42-4-1207 OPENING DOOR INTO TRAFFIC NO 15 7 22 22
19-1 Operated Unsafe Vehicle, 2 pts NO 40 40 40
43-5-303 OVERFLOWING HIGHWAY NO 100 16 116 116
42-4-1903(1)OVERTAKING A SCHOOL BUS YES
42-4-1903(1),(6)(b)OVERTAKING A SCHOOL BUS-2D OFFENSE YES
42-4-1205 PARALLEL PARKING IMPROPERLY NO 15 7 22 22
643 PARKED IN VIOLATION OF POSTED SIGN $100-$300 NO 100 100 100
639 PARKED IN A FIRE LANE NO 50 50 50
634 PARKED IN AN LOADING/UNLOADING ZONE NO 50 50 50
628 PARKED IN VIOLATION OF POSTED SIGN NO 50 50 50
614 PARKED ON SIDEWALK NO 50 20 20
42-4-210 PARKED VEHICLE LAMP VIOLATION NO 15 7 22 22
42-4-1206 PARKED VEHICLE ON GRADE WITHOUT TURNING WHEELS TO SIDE OF CURB NO 15 7 22 22
42-4-1206 PARKED VEHICLE WITHOUT SETTING BRAKES NO 15 7 22 22
42-4-1201 PARKED VEHICLE-IMPROPERLY STARTING NO 30 7 22 22
618 PARKED WITHIN 15' OF FIRE HYDRANT NO 50 50 50
42-4-231 PARKING LIGHTS ONLY WHEN HEADLAMPS REQUI NO 15 7 22 22
42-4-1202 PARKING ON ROADWAY NO 30 7 37 37
178
42-4-1204 PARKING WHERE PROHIBITED NO 15 7 22 22
42-4-1005(1)PASS ON LEFT-INSUFF CLEARANCE NO 100 11 111 111
42-4-1003(1)(b)PASSING BICYCLE ON LEFT IMPROPERLY NO 100 11 111 111
42-4-1013 PASSING LANE - IMPROPER USAGE NO 100 1 101 101
42-4-1003(1)(a)PASSING ON LEFT IMPROPERLY NO 100 11 111 111
42-4-1004 PASSING ON RIGHT IMPROPERLY NO 100 11 111 111
42-4-1007(1)(b)PASSING ON RIGHT SHOULDER NO 100 11 111 111
42-4-1002 PASSING ONCOMING VEHICLES IMPROPERLY NO 100 11 111 111
42-4-805(8)PED FAILURE TO YIELD TO EMERGENCY VEH NO 15 7 22 22
42-4-801 PEDESTRIAN DISOBEY TRAFFIC CONT DEV NO 15 7 22 22
42-4-802(5)PEDESTRIAN DISOBEY WALK SIGNAL NO 30 7 22 22
42-4-802(3)PEDESTRIAN ENTER TRAFFIC NO 15 7 22 22
16-7(b)Pedestrian failed to walk facing traffic NO 40 40 40
42-4-805(3)PEDESTRIAN ON HIGHWAY UNDER INFLUENCE NO 15 7 22 22
42-4-805(6)PEDESTRIAN SOLICIT RIDE IMPROPERLY NO 15 7 22 22
16-2(c)Pedestrian walked into path of moving vehicle NO 60 60 60
16-7(a)Pedestrian walked on roadway NO 60 60 60
42-4-604 PEDESTRIAN-DISREGARD TRAFFIC SIGNAL NO 100 11 111 111
42-4-805(1)PEDESTRIAN-IMPROPER WALK HIGHWAY NO 15 7 22 22
42-4-805(2)PEDESTRIAN-SOLICIT RIDE IN ROADWAY NO 15 7 22 22
42-4-510(1.7),(12)(d)PERMIT FOR EXCESS SIZE/WEIGHT VIOLATION YES
42-4-510(12)(a)PERMIT FOR EXCESS SIZE/WEIGHT VIOLATION NO 35 11 46 46
42-4-1412(15)(a) PERSON UNDER 16 YEARS OF AGE OPERATED CLASS 3 ELECTRICAL ASSISTED BICYCLE WHERE PROHIBITED NO 15 7 22 22
42-4-1401 RECKLESS DRIVING YES
42-4-1401(1)RECKLESS DRIVING- BICYCLE/ELECTRIC BIKE YES
42-4-1401(1)RECKLESS DRIVING COMMERCIAL VEHICLE YES
42-4-1401(1),(2) RECKLESS DRIVING-2D OFFENSE YES
18-3-208 RECKLESS ENDANGERMENT YES
18-3-208;18-1.3-501(1.7)RECKLESS ENDANGERMENT-MENTAL HEALTH PRO YES
42-4-604(1)(c)(I) RED LIGHT-FAIL TO STOP NO 100 11 111 111
42-4-605(1)(a)RED LIGHT-FAIL TO STOP FOR FLASHING NO 70 11 81 81
42-4-604(1)(c)(I)(A)RED LIGHT-UNLAWFUL RIGHT TURN NO 100 11 111 111
42-4-604(1)(c)(III) RED LIGHT-VIOLATE RED ARROW NO 100 11 111 111
42-4-230(1)REFLECTIVE TRIANGLES-FAIL TO HAVE NO 15 7 22 22
42-4-230(2)REFLECTIVE TRIANGLES-FAIL TO USE NO 15 7 22 22
42-4-206(4),(5)REFLECTORS-FAIL TO HAVE AS REQUIRED NO 15 7 22 22
42-4-206(6)REFLECTORS-IMPROPER HEIGHT NO 15 7 22 22
42-3-304 REGISTRATION AND TAXATION VIOLATION NO 50 17 67 67
42-3-311 REGISTRATION/TAX VIOL-LOW-POWER SCOOTER NO 15 7 22 22
42-3-103(4)REGISTRATION-FAIL TO OBTAIN COLORADO YES
42-3-121(1)(d)REGISTRATION-FAIL TO SURRENDER YES
42-3-113(7)REGISTRATION-FAILURE TO CHANGE ADDRESS NO 15 7 22 22
42-3-105(1)(d)REGISTRATION-FALSE PROOF OF INSURANCE YES
42-3-107(17)(e)(I) REGISTRATION-FALSE STATEM IN CLASS F APP YES
42-3-121(1)(e)REGISTRATION-FALSE STATEMENT IN APP YES
42-3-121(1)(b)REGISTRATION-FICTITIOUS PLATE YES
42-3-121(1)(c)REGISTRATION-MISUSE OF PLATES NO 35 11 46 46
42-3-113(6)REGISTRATION-NOT IN VEHICLE NO 15 7 22 22
42-3-122 REGISTRATION-PERJURY ON APPLICATION YES
42-3-121(1)(a)REGISTRATION-UNREGISTERED VEHICLE NO 75 25 100 100
42-3-121(1)(f)REGISTRATION-USE NON-COMM VEH/TRANSPORT NO 75 25 100 100
42-4-1105(8)REMOVING IMMOBILIZATION DEVICE YES
42-4-1701(4)(a)(X)(A)RESERVED PARKING PLACARD-FRAUD/DEVICE NO 150 33 183 N/A
42-4-1701(4)(a)(X)(A)RESERVED PARKING PLACARD-FRAUD/MAKE NO 150 33 183 N/A
42-4-1701(4)(a)(X)(A)RESERVED PARKING PLACARD-FRAUD/USE NO 150 33 183 N/A
179
42-4-1701(4)(a)(VIII)(A)RESERVED PARKING-BLOCKING ACCESS NO 150 33 183 N/A
42-4-1701(4)(a)(VIII)(B)RESERVED PARKING-BLOCKING ACCESS-2D NO 150 33 183 N/A
42-4-1701(4)(a)(VIII)(C)RESERVED PARKING-BLOCKING ACCESS-3D+NO 150 33 183 N/A
42-4-1701(4)(a)(VIII)(B)RESERVED PARKING-IMPROP PARK IN ZONE-2D NO 150 33 183 N/A
42-4-1701(4)(a)(VIII)(C)RESERVED PARKING-IMPROP PARK IN ZONE-3D+NO 150 33 183 N/A
42-4-1701(4)(a)(VIII)(A)RESERVED PARKING-IMPROPER PARK IN ZONE NO 150 33 183 N/A
42-4-1701(4)(a)(VIII)(A)RESERVED PARKING-IMPRPR REMUN EXEMPT NO 150 33 183 N/A
42-4-1701(4)(a)(VIII)(B)RESERVED PARKING-IMPRPR REMUN EXEMPT-2D NO 150 33 183 N/A
42-4-1701(4)(a)(VIII)(C)RESERVED PARKING-IMPRPR REMUN EXEMPT-3D NO 150 33 183 N/A
42-4-1701(4)(a)(X)(B)RESERVED PRKING PLACRD-FRAUD/DEV/PROFIT NO 150 33 183 N/A
42-4-1701(4)(a)(X)(B)RESERVED PRKNG PLACRD-FRAUD/MAKE/PROFIT NO 150 33 183 N/A
42-4-1701(4)(a)(X)(B)RESERVED PRKNG PLACRD-FRAUD/USE/PROFIT NO 150 33 183 N/A
17-18(a)Riding bicycles on sidewalks where prohibited by signs NO 60 60 60
20-4 Riding in trailer NO 50 50 50
42-4-1405 RIDING IN TRAILER NO 15 7 22 22
17-13(b)Riding more than two abreast on roadway not for exclusive use of bicycles NO 80 80 80
21-5(a)Riding Snowmobiles on Street on Highway, 0 pts NO 100 100 100
42-4-1412(10)(b) RODE BICYCLE ON SIDEWALK/ROADWAY/PATHWAY WHEN PROHIBITED BY SIGN/DEVICE NO 15 7 22 22
42-4-1412(14)RODE ELECTRICAL ASSISTED BICYCLE WHERE PROHIBITED NO 15 7 22 22
20-2(a)Rode vehicle where not designed for passengers NO 60 60 60
42-4-228(1)RUBBER TIRE TOO THIN NO 15 7 22 22
42-4-229(4)SAFETY GLASS NOT INSTALLED NO 15 7 22 22
42-4-806 SAFETY ZONE-DRIVING THROUGH NO 70 11 81 81
42-4-214 SERVICE VEHICLES EQUIPMENT VIOLAT NO 15 7 22 22
42-4-710(3)SIDEWALK-DRIVING ON NO 70 11 81 81
42-4-215 SIGNAL LAMP VIOLATION NO 15 7 22 22
42-4-608(2)SIGNALING VIOLATION NO 15 7 22 22
42-4-903(4)SIGNALING W/OUT TURNING NO 70 11 81 81
42-4-218 SINGLE BEAM HEADLIGHT VIOLATION NO 15 7 22 22
42-4-1103(4)SLOW TRAFFIC FAIL TO PULL OVER NO 50 27 77 77
42-4-1105(1),(3) SPEED CONTEST-AIDING OR FACILITATING YES
42-4-1105(2)SPEED EXHIBITION YES
42-4-1105(2),(3) SPEED EXHIBITION-AIDING OR FACILITATING YES
42-4-1101(8)(g)SPEEDING 10+ OVER 40 MPH ON SCOOTER NO 100 37 137 137
42-4-1101(8)(b)SPEEDING 10-19 OVER 75 MPH LIMIT NO 135 37 172 172
42-4-1101(1)SPEEDING 10-19 OVER LIMIT NO 135 37 172 172
42-4-1101(1)SPEEDING 10-19 OVER LIMIT-CONSTRUCTION/SCHOOL ZONE NO 270 53 323 323
42-4-1101(8)(g)SPEEDING 1-4 OVER 40 MPH ON SCOOTER NO 50 27 77 77
42-4-1101(8)(b)SPEEDING 1-4 OVER 75 MPH LIMIT NO 30 27 57 57
42-4-1101(1)SPEEDING 1-4 OVER LIMIT NO 30 27 57 57
42-4-1101(1)SPEEDING 1-4 OVER LIMIT-CONSTRUCTION/SCHOOL ZONE NO 60 33 93 93
42-4-1101(8)(b)SPEEDING 20-24 OVER 75 MPH LIMIT NO 200 53 253 253
42-4-1101(1)SPEEDING 20-24 OVER LIMIT NO 200 53 253 253
42-4-1101(1)SPEEDING 20-24 OVER LIMIT-CONSTRUCTION ZONE NO 540 85 625 625
42-4-1101(1)SPEEDING 20-24 OVER LIMIT-SCHOOL ZONE NO 400 85 485 485
42-4-1101(8)(b),(12)SPEEDING 25-39 OVER 75 MPH YES
42-4-1101(1),(12) SPEEDING 25-39 OVER LIMIT YES
42-4-1101(1),(12) SPEEDING 25-39 OVER LIMIT-CONSTRUCTION/SCHOOL ZONE YES
42-4-1101(1),(12) Speeding 40/more Over Limit YES
42-4-1101(1),(12) Speeding 40/more Over Limit-Const/School Zone YES
42-4-1101(8)(b),(12)SPEEDING 40+ OVER 75 MPH YES
42-4-1101(8)(g)SPEEDING 5-9 OVER 40 MPH ON SCOOTER NO 75 31 106 106
42-4-1101(8)(b)SPEEDING 5-9 OVER 75 MPH LIMIT NO 70 31 106 106
42-4-1101(1)SPEEDING 5-9 OVER LIMIT NO 70 31 106 106
42-4-1101(1)SPEEDING 5-9 OVER LIMIT-CONSTRUCTION/SCHOOL ZONE NO 140 41 181 181
180
42-4-1104 SPEEDING ON ELEVATED STRUCTURE NO 30 27 57 57
42-4-1101(3)SPEEDING TOO FAST FOR CONDITIONS NO 100 26 126 126
42-4-1407(1),(3)(a)SPILLING LOAD ON HIGHWAY-NOT CAR/PICKUP NO 35 11 46 46
42-4-1407(1),(3)(b)SPILLING LOAD/HIGHWAY-CAR/PICKUP-NO INJ NO 100 31 131 131
42-4-1407(1),(3)(c)SPILLING LOAD/HIGHWAY-CAR/PICKUP-W/ INJ YES
42-4-1407.5 SPLASH GUARDS REQUIRED NO 35 11 46 46
42-4-208(1)STOP LAMPS-DEFECTIVE NO 15 7 22 22
42-4-208(2)STOP LAMPS-VEHICLE NOT EQUIPPED NO 15 7 22 22
42-4-703(3)STOP SIGN-FAIL TO STOP NO 70 11 81 81
42-4-206(1)TAIL LAMP VIOLATION NO 15 7 22 22
42-4-206(2)TAIL LAMP-IMPROPER HEIGHT NO 15 7 22 22
42-2-132.5(11)(a) TAMPER W/INTERLOCK YES
42-5-103(1)(d),(2)(b)TAMPER W/MV-ADD SUBSTANCE-1000-20000 YES
42-5-103(1)(d),(2)(a)TAMPER W/MV-ADD SUBSTANCE-UNDER $1000 YES
42-5-103(1)(c),(2)(b)TAMPER W/MV-SCRATCH/DAMAGE-1000-20000 YES
42-5-103(1)(c),(2)(a)TAMPER W/MV-SCRATCH/DAMAGE-UNDER $1000 YES
42-4-228(3)TIRES-IMPROPER STUDS NO 15 7 22 22
42-4-228(6)TIRES-OFFROAD ON HIGHWAY NO 15 7 22 22
42-4-228(5)TIRES-UNSAFE NO 15 7 22 22
42-6-136 TITLE-FAIL TO SURRENDER YES
42-4-208(3)TURN SIGNALS-VEHICLE NOT EQUIPPED NO 15 7 22 22
42-4-901 TURNING IMPROPERLY NO 70 11 81 81
42-4-903 TURNING W/OUT SIGNALING NO 70 11 81 81
42-4-608(1)TURNING WITHOUT SIGNALING NO 70 7 77 77
18-4-409.5 UNAUTHORIZED USE OF MOTOR VEHICLE YES
42-3-103(1)UNREGISTERED VEHICLE NO 50 17 67 67
42-3-103(1)(c)UNREGISTERED VEHICLE - SECOND AND SUBSEQUENT YES
42-4-1211(1)(a)UNSAFE BACKING NO 30 7 37 37
42-4-202(1)UNSAFE OR DEFECTIVE VEHICLE NO 35 11 46 46
42-4-902(2)U-TURN UNSAFELY NO 70 11 81 81
42-4-902(1)U-TURN UNSAFELY-CURVE OR CREST NO 70 11 81 81
42-4-902(3)U-TURN UNSAFELY-DISOBEY U-TURN SIGN NO 70 11 81 81
42-4-206(3)VEHICLE HAD (NO/DEFECTIVE) LICENSE PLATE LAMPS NO 15 7 22 22
33-15-110(1)(a)VEHICLE/VESSEL IN UNDESIGNATED AREA NO 100 16 116 116
33-15-110(1)(b)VEHICLE/VESSEL SPEEDING NO 100 16 116 116
33-15-110(1)(c)VEHICLE/VESSEL-BLOCK TRAFFIC/ABANDONED NO 100 16 116 116
33-15-110(1)(d)VEHICLE/VESSEL-OPERATE W/OUT PERMIT YES
18-3-205(1)(b)(I) VEHICULAR ASSAULT-DUI YES
18-3-205(1)(b)(I.5)VEHICULAR ASSAULT-DWAI YES
18-3-205(1)(a)VEHICULAR ASSAULT-RECKLESS YES
18-9-116.5 VEHICULAR ELUDING YES
18-9-116.5 VEHICULAR ELUDING-W/INJURY YES
18-3-106(1)(b)(I.5)VEHICULAR HOMICIDE-DWAI YES
42-4-201(3)VIDEO DISPLAY IN FRONT SEAT NO 35 11 46 46
42-4-227(3)(b)WINDOWS-INSTALL EXCESSIVE TINTING NO 50 17 57 57
19-4(c)Windshield Wipers not Operative, 0 pts NO 40 40 40
19-4(b)Windshield Wipers required NO 40 40 40
42-4-1006(1)WRONG WAY ON 1-WAY STREET NO 70 11 81 81
42-4-1006(2)WRONG WAY-TRAFFIC CIRCLE NO 70 11 81 81
42-4-605(1)(b)YELLOW LIGHT-FAIL TO OBEY FLASHING NO 70 11 81 81
181
TO: Vail Town Council
FROM: Vail Municipal Court
DATE: May 1, 2024
SUBJECT: Model Traffic Code
I have submitted a proposed Penalty Assessment schedule for the 2020 Model Traffic Code
based upon the inclusion of Part 17. I support the adoption of the 2020 Model Traffic Code with one
recommendation.
I would recommend that Part 17 of the Code not be included in the ordinance. The 41 pages
of Part 17 deal with procedures in the state courts that are not applicable to municipal courts. As a
home rule city the TOV is not required to adopt the measures not dealing with the town. Part 17 sets
out several surcharges for state programs. It doesn’t seem logical to collect surcharges for funds
that are sent to the state where the Town has no control over those funds. I would suggest that the
Council not adopt Part 17.
I would further suggest that the Council re- adopt ordinance 7-1-6 that authorizes the
municipal judge to set the fines in collaboration with the Council. That has been the case since
1979. You will note that the proposed fines I have sent you were set in the MTC and are a bit low.
That is done by the state to accommodate the additional surcharges from Part 17. The fines should
be raised if the surcharges are eliminated.
I look forward to working with the Council on this matter.
Buck Allen
182
Model Code Penalty Assessment Schedule
MTC/Violation Penalty Assessment/Points
Right of Way
701 (1) Failure to Yield at uncontrolled intersection $80 (3pt)
701 (2) Failure to Yield to vehicle at right $80 (3pt)
702 Failure to Yield when making a left turn $80 (3pt)
704 Failure to Yield R.O.W upon entering roadway from private drive $80 (3pt)
Stop/Yield Signs
703 (3) Failed to obey stop sign $100 (4pt)
703 (4) Failed to obey yield sign $100 (4pt)
Special Stops
710 (1) Failed to Yield before exiting across sidewalk $80 (3pt)
710 (2) Failed to Yield to traffic or pedestrian $100 (4pt)
709 Failed to Stop before obstructing intersection $70 (3pt)
1903 (1) Failed to Stop for school bus with flashing lights Summons (6pt)
802 Failed to Yield R.O.W to pedestrian at marked crosswalk $50 (3pt)
Speed Regulations
1101 Speeding 1-4 MPH over posted limit $50 (0pt)
1101 Speeding 5-9 MPH over posted limit $80 (1pt)
1101 Speeding 10-14 MPH over posted limit $150 (4pt)
1101 Speeding 15-19 MPH over posted limit $150 (4pt)
1101 Speeding 20-30 MPH over posted limit $200 (6pt)
1101 Speeding 31-39 MPH over posted limit $200 (6pt)
1101 Speeding 40+ MPH over posted limit Summons (12pt)
1101 Special Hazards (too fast for conditions) $100 (3pt)
1103 Minimum Speed Regulation $100 (3pt)
1105 Speed Contest/display/exhibition Summons (12pt)
183
MTC/Violation Penalty Assessment/Points
Reckless, Careless Driving (Other Offenses)
1401 (1) Reckless Driving Summons (8pt)
1402 (1) Careless Driving (Accident) Summons (4pt)
1402 (2) Careless Driving $150 (4pt)
Turning, Starting, & Signaling
1201 Unsafe move from parked position $40 (3pt)
903 (1) Failed to signal before turn $70 (2pt)
903 (3) Failed to signal for stop $70 (2pt)
901 (1)(a) Improper right turn $70 (3pt)
901 (1)(b) Improper left turn $70 (3pt)
901 (1)(c) Failed to turn from turn only lane or as required by traffic control device $70 (3pt)
608 (2) Vehicle not equipped with signal lights when required $50 (2pt)
902 (1) Made U-Turn on curve or grade with insufficient visibility $90 (3pt)
902 (2) Made U-Turn divided highway when prohibited $70 (3pt)
902 (2) Made unsafe U-Turn at intersection $70 (3pt)
902 (3) Made U-Turn where prohibited by sign $90 (3pt)
Insurance Violations
1409 (1) Owner operated uninsured motor vehicle Summons (4pt)
1409 (2) Driver operated uninsured Summons (4pt)
1409 (3) Failed to present proof of insurance upon request Summons (4pt)
Driving, Overtaking, & Passing
1001 (1) Drove on wrong side of road $70 (4pt)
1002 Meeting/passing oncoming vehicle, failure to yield to one $100 (4pt)
1003 (a) Passed on left in unsafe manner, failure to maintain safe distance while passing $100 (4pt)
1004 Passed on right when not permitted or safe $100 (4pt)
1005 (1) Passed on left when left not clear to traffic $100 (4pt)
1008 (1) Following too closely $100 (4pt)
184
MTC/Violation Penalty Assessment/Points
Driving, Passing
1006 (1) Wrong way on a one-way street $90 (3pt)
1007 (1) Made unsafe lane change (weaving) $100 (3pt)
1010 (1) Drove on wrong side of divided highway $70 (4pt)
1010 Drove across divided highway $100 (3pt)
1010 (2)(a) Failed to use highway entrance or exit $80 (3pt)
Parking
1202-1207 All parking violations (Commercial Core) N/A
(Non-Commercial Core) N/A
10.16.010 Handicapped Parking N/A
Size, Weight, Load & Damage
501 Size and weight restrictions $75 (0pt)
502 Width of vehicle restrictions $75 (0pt)
503 Projecting loads on vehicle $25 (0pt)
504 Height, Length of Vehicle $75 (0pt)
1407 Spilling loads on street or highway Summons (0pt)
506 (3) Trailer and towed vehicle (white 12” flag) $25 (0pt)
507 Wheel and axle load Summons (0pt)
508 Gross weight of vehicle loads Summons (0pt)
512 Damage to highway/offense/liability for damage Summons (0pt)
Equipment
202 (1) Operated unsafe vehicle $50 (2pt)
205-226 Lights, brakes & other equipment $50 (2pt)
204 (1) Drove without headlights on $50 (2pt)
227 Obstructed windows (including tint) $50 (0pt)
227 (2) Windshield wipers required $50 (0pt)
1903 (2)(c) School bus driver failed to use flashing lights Summons (2pt)
234 Fail to display/misuse of emblem-slow moving vehicles $50 (0pt)
185
MTC/Violation Penalty assessment/Points
Miscellaneous Violations
201 Too many occupants in front seat/obstruction of drivers view $50 (0pt)
201 (1) Allowing passengers to ride in dangerous manner $50 (0pt)
201 (4) Obstructed driver’s vision $50 (0pt)
201 (5) Passengers interfering with driver $50 (0pt)
201 (6) Rode in or on vehicle where not designed for passenger $35 (0pt)
201(6) Boarding or alighting from moving vehicle $35 (0pt)
1207 Opened door in path of traffic $50 (0pt)
1211 (1) Improper Backing $50 (2pt)
1009 Coasting vehicle while out of gear $70 (3pt)
1403 Following fire apparatus $30 (3pt)
1404 Driving over fire hose $50 (0pt)
1406 Littering streets or highways $35 (0pt)
1008 Cut into funeral procession $100 (0pt)
232 (1) No Protective eye covering while operating/riding on motorcycle $15 (0pt)
232 (2) Carrying passenger on motorcycle without footrest $15 (0pt)
1103 (1) Impeding traffic (specify vehicle speed/posted speed) $50 (3pt)
217 Failed to dim headlights $15 (2pt)
603 Failed to obey traffic control devices $100 (4pt)
505 Flashing signals $75 (4pt)
612 Inoperative/Malfunction signals $70 (4pt)
1411 Used earphones while driving $50 (0pt)
107 Disobeyed police officer or firearm Summons (0pt)
705 Failed to yield to emergency vehicle $70 (3pt)
224 Failed to yield the right of way to snowplow while operating $50 (3pt)
224 Snow-plow driver failed to exercise due care $15 (0pt)
712 Vehicle operation in street or highway work area $70 (0pt)
1413 Eluding or attempting to elude a police officer Summons (12pt)
1716 Failure to obey summons Summons
186
MTC/Violation Penalty Assessment/Points
236 Child restraint required $65 (0pt)
237 Drove vehicle when front seat passenger not secured by seatbelt $65 (0pt)
Driver Licenses
10.32.010 Driving without valid license $150 (3pt)
10.32.020 Resident more than 30 days $50 (3pt)
10.32.030 License expired one year or less $50 (0pt)
10.32.040 Proper class driver license required Summons (0pt)
10.32.050 Valid license on person required $50 (0pt)
10.32.060 Motorized bicycles $50 (0pt)
10.32.070 Special restrictions $50 (3pt)
10.32.080 Refusal to give license on demand Summons
10.32.090 License restrictions $70 (3pt)
10.32.100 Notification of change of name or address $50 (0pt)
10.32.011 Altered or fictitious license Summons (R.A.)
10.32.012 Permitting unlicensed person to drive $50 (0pt)
Vehicle Registration
10.28.010 Registration required Summons
10.28.020 Registration card in vehicle $75 (0pt)
10.28.030 No number plate attached Summons
10.28.040 Expired number plates/temporary permit Summons
187