HomeMy WebLinkAbout2024-06-04 Agenda and Supporting Documentation Town Council Evening Agenda1.Call to Order
2.Proclamations
2.1 Proclamation No. 05, Series of 2024, Recognizing the
Month of June 2024 as Lesbian, Gay, Bisexual,
Transgender, and Queer (LGBTQ+) "Pride Month"
5 min.
Read proclamation into record.
Presenter(s): Travis Coggin, Mayor
Background: The Town of Vail is committed to supporting
visibility, dignity, and equity for LGBTQIA+ people in our
diverse community.
3.Public Participation (10 min.)
3.1 Public Participation
4.Any action as a result of Executive Session
5.Appointments of Boards, Commissions and Authorities
5.1 Vail Local Housing District (VLHA) Appointment
Motion to appoint one member to service on the VLHA for a
five-year term ending on May 31, 2029.
Presenter(s): Travis Coggin, Mayor
6.Consent Agenda
6.1 May 7, 2024 TC Meeting Minutes
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
The Grand View, 395 S. Frontage Road W. Vail, CO 81657
and virtually by Zoom: https://vail.zoom.us/webinar/register/WN_2XpyZShkSsaFVVGANdoKAg
6:00 PM, June 4, 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.
Public 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.
Proclamation No. 05, 2024 Pride Month
Public Participation
2024-05-07 TC Meeting Minutes
1
6.2 May 21, 2024 TC Meeting Minutes
6.3 Resolution No. 26, Series of 2024, A Resolution Approving
an Amended Operating Plan and Budget of the Vail Local
Marketing District, for its Fiscal Year January 1, 2024
through December 31, 2024
Approve, approve with amendments, or deny Resolution No.
26, Series of 2024.
Background: Please see attached memo.
6.4 Resolution No. 27, Series of 2024, A Resolution
Supporting the Town of Vail Grant Application to the
Colorado Department of Local Affairs for a Local Planning
Capacity Grant
Approve, approve with amendments, or deny Resolution No.
27, Series of 2024.
Background: The Local Planning Capacity grant program
launched in November 1, 2023. The intent of the program is to
increase the capacity of local government planning
departments responsible for processing land use, permitting,
and zoning applications for housing projects.
6.5 Resolution No. 28, Series of 2024, A Resolution Approving
a Lease Agreement between the Town of Vail, and the
Colorado Department of Transportation ("CDOT")
Regarding Parking along the Non-travel Lanes of the
Interstate 70 Frontage Roads Located within the Limits of
the Town
Approve, approve with amendments, or deny Resolution No.
28, Series of 2024.
Background: CDOT currently leases to the Town certain
sections of the I-70 Frontage Road adjacent to the Gerald R.
Ford Park for the purposes of managed parking operations,
bus transit operations and occasional civic celebrations. The
Town and CDOT wish to renew said lease through April 15,
2029.
6.6 Contract Award to Orozco Concrete Inc. for the 2024 On-
Call Concrete Repair
Authorize the Town Manager to enter an agreement, in a form
approved by the Town Attorney, with Orozco Concrete Inc. to
complete the 2024 On-Call Concrete Repair contract, not to
exceed $125,000.00.
Background: This contract is to provide curb, gutter, and
concrete flatwork repair as directed by Town Staff as needed
2024-05-21 TC Meeting Minutes
Staff Memorandum for Resolution #26
Presentation for Resolution No. 26
Resolution No 26, Series of 2024
Resolution No. 27 Series of 2024, Local Planning Capacity Grant Program Application
Resolution No. 27 - Housing Grant
Resolution No. 28 Series 2024 CDOT Ford Park Parking 5 Year Lease
Gerald Ford Lease 2024-04-01
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throughout the Town of Vail
7.Action Items
7.1 Active Transportation Infrastructure Investment Program
(ATIIP) Grant
10 min.
Direct staff to apply for the ATIIP grant to plan and design the
separation of the Gore Valley Trail along Bighorn Road; and
authorize the Town Manager to sign the application.
Presenter(s): Tom Kassmel, Town Engineer
Background: The Active Transport Infrastructure Investment
Program (ATIIP) is a new FHWA competitive grant program
created by the Bipartisan Infrastructure Law to plan, design,
and construct projects to provide safe and connected active
transportation facilities in active transportation networks.
7.2 Dobson Arena Update 60 min.
Listen to presentation and provide feedback.
Presenter(s): Greg Hall, Director of Public Works and
Transporation
Background: Detailed discussion of preferred option for
renovation of Dobson Arena, based on results from the
afternoon joint meeting between Vail Town Council and Vail
Recreation District.
7.3 Ordinance No. 06, Series of 2024, First Reading, an
Ordinance Amending Title 12 and Title 14 of the Vail Town
Code to Rename the Current Housing -1 and Housing-2
Zone Districts and to Establish a New Community
Housing Zone District and Amending the Town's Zoning
Map Accordingly
20 min.
Approve, approve with amendments, or deny Ordinance No.
06, Series of 2024 upon first reading.
Presenter(s): Greg Roy, Planning Manager
Background: The amendment will change the names of the
housing districts from Housing to Community Housing and add
a third district with a maximum height limit between the two
existing height limits. This update is recommended by the Vail
Local Housing Authority and is intended to provide an
additional housing district with an intermediary height.
7.4 Ordinance No. 07, Series of 2024, First Reading, An 10 min.
Council Memo On-Call Concrete 2024-06-04
Council Memo ATIIP Grant 2024
Dobson Arena Council Memo 2024-06-04
Dobson Arena Council Memo and Presentation 2024-06-04
Staff Memorandum Ord. No. 6 of 2024
Attachment A. Community Housing Zone Districts Presentation
Attachment B. Ordinance No. 06 Series of 2024
Attachment C. PEC24-0014 Memo 5-13-24
Attachment D. PEC Results 5-13-24
Attachment E. Public Comment - Ordinance No. 6
3
Ordinance Amending Chapter 1 of Title 5 of the Vail Town
Code Regarding Private Property Drainage
Approve, approve with amendments, or deny Ordinance No.
07, Series of 2024, upon first reading.
Presenter(s): Tom Kassmel, Town Engineer
Background: The Town Code does not currently fully address
water runoff from public roads onto private property or vice
versa; nor the maintenance of private driveways within the
public way in a clear manner that is typical of most similar
communities. The proposed Code amendment will clarify
responsibilities of private property owners.
8.Adjournment 7:55pm (estimate)
Council Memo - Code Update Drainage
Drainage Code Amendment Ordinance No. 7. Series of 2024
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:June 4, 2024
TIME:5 min.
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Proclamation
AGENDA SECTION:Proclamations
SUBJECT:Proclamation No. 05, Series of 2024, Recognizing the Month of
June 2024 as Lesbian, Gay, Bisexual, Transgender, and Queer
(LGBTQ+) "Pride Month"
SUGGESTED ACTION:Read proclamation into record.
PRESENTER(S):Travis Coggin, Mayor
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Proclamation No. 05, 2024 Pride Month
5
Proclamation No. 05 Series of 2024
Recognizing the Month of June, 2024 as Lesbian, Gay, Bisexual,
Transgender, and Queer (LGBTQ) as “Pride Month”
WHEREAS,the Town of Vail is committed to supporting visibility, dignity, and equity for
LGBTQIA+ people in our diverse community;
WHEREAS,LGBTQIA+ individuals have had immeasurable impact on the cultural, civic and
economic successes of our country;
WHEREAS,Mountain Pride is an organization inspired and driven to serve the needs of our
LGBTQIA+ communities in partnership with many other nonprofit organizations, businesses
and government agencies in our community;
WHEREAS,celebrating Pride Month influences awareness and provides support and
advocacy for Vail and Eagle County’s LGBTQIA+ community and is an opportunity to take
action and engage in dialogue to strengthen alliances, build acceptance and advance equal
rights; and
WHEREAS,while society at large increasingly supports LGBTQIA+ equality, it is essential
to acknowledge that the need for education and awareness remains vital to end
discrimination and prejudice;
NOW, THEREFORE, the Mayor and Vail Town Council do hereby proclaim the month of
June, 2024 as Pride Month in support of the LGBTQIA+ community.
Dated this 4th day of June, 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:June 4, 2024
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Public Participation (10 min.)
SUBJECT:Public Participation
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Public Participation
7
From:Sharon Geankoplis
To:PublicInputTownCouncil
Subject:Fwd: Springfree event
Date:Thursday, May 30, 2024 9:55:36 AM
Date: May 30, 2024 at 8:27:21 AM MDT
To: Mvlaar@vailgov.com
Subject: Springfree event
Hello Mia,
It was so nice to walk around Vail & embrace the high quality of entertainment at
a family friendly event over the holiday weekend. The town provided a great
venue for locals & visiting guests looking to do something fun with their kids but
also enjoy it themselves.
I’d call it a win win!!
The minute you hit Gore Creek Dr. & International Bridge the energy was
contagious!!
The musicians & bands that performed were the perfect fit for the village venue &
atmosphere. The kids zone, bouncy houses & kids musical parade were a definite
highlight for everyone!
It was incredible to see the different age groups interacting. You could tell how
appreciative the parents were to have an event that truly encompassed “family”!
This festive should be on the schedule every Memorial Day to kick off summer
Vail.
Families WILL plan & travel annually to make great memories for many years to
come.
Thank you for a very fun weekend!!
Sharon Geankoplis
Sent from my iPhone
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AGENDA ITEM NO. 5.1
Item Cover Page
DATE:June 4, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:New Business
AGENDA SECTION:Appointments of Boards, Commissions and Authorities
SUBJECT:Vail Local Housing District (VLHA) Appointment
SUGGESTED ACTION:Motion to appoint one member to service on the VLHA for a five-year
term ending on May 31, 2029.
PRESENTER(S):Travis Coggin, Mayor
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
9
AGENDA ITEM NO. 6.1
Item Cover Page
DATE:June 4, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:May 7, 2024 TC Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
2024-05-07 TC Meeting Minutes
10
Town Council Meeting Minutes of May 7, 2024. Page 1
Vail Town Council Meeting Minutes
Tuesday, May 7, 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
Dave Chapin
Reid Phillips
Members present virtually: Samantha Biszantz
Members absent: Jonathan Staufer
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. Proclamations
Proclamations began at time stamp 0:00:19 on the High Five video.
2.1 Proclamation No. 04, Series of 2024, Wildfire Preparedness Month
Presenter(s): Paul Cada, Wildland Program Manager
Read proclamation into the record.
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
Citizen Participation began at time stamp 0:04:40 on the High Five video.
Benjamin Ray, from Spotsurfer, introduced himself to the council.
11
Town Council Meeting Minutes of May 7, 2024. Page 2
Keith Klesner, an Eagle County resident, introduced himself as a candidate running for reelection on
the Holy Cross Energy board.
Tim McMahon, an Eagle County resident, expressed concerns over a variety of topics that included
tax on feminine hygiene products, the Town of Vail aiding the Family Learning Center in Edwards,
and better communication to guests regarding the mountain closing. He also complimented the town
on their housing efforts, the recent success of a recent Speak Up Reach Out fundraiser, and
suggested holding those who do not comply with EHU deed restriction be held accountable.
4. Any Action as the Result of Executive Session
There was none.
5. Consent Agenda
Consent Agenda began at time stamp 0:11:14 on the High Five video.
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 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.
12
Town Council Meeting Minutes of May 7, 2024. Page 3
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 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.
Phillips made a motion to approve the Consent Agenda; Davis seconded motion passed (6-0).
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
Presenter(s): George Ruther, Housing Director
Approve, approve with amendments, or deny Resolution No. 17, Series of 2024.
Background: The Timber Ridge Village Redevelopment Committee has been tasked with
negotiating a development agreement for the redevelopment of Timber Ridge.
Davis made a motion to approve; Phillips seconded motion passed (6-0).
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
Presenter(s): Greg Roy, Planning Manager
Approve, approve with amendments, or deny Resolution 20, 2024.
Background: The cost to review PEC and DRB applications have increased and an update to
the fee schedule is being proposed.
13
Town Council Meeting Minutes of May 7, 2024. Page 4
Chapin made a motion to approve; Phillips seconded motion passed (6-0).
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
Presenter(s): Russell Forrest, Town Manager
Approve, approve with amendments, or deny Resolution 21, 2024.
The Strategic Plan identifies the strategic priorities and results of the Vail Town Council will
achieve in the next one to five years.
Davis made a motion to approve; Seibert seconded motion passed (6-0).
6.4 2024 Ford Park Managed Summer Parking
Presenter(s): Steph Kashiwa, Parking Operations Manager
Approve the 2024 Ford Park Summer Managed Parking Program.
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.
Chapin made a motion to approve; Davis seconded motion passed (6-0).
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)
Ordinance No. 4, Series of 2024, second reading began at time stamp 0:42:15 on the High Five
video.
Presenter(s): Greg Roy, Planning Manager
Approve, approve with amendments, or deny Ordinance No. 4, Series of 2024 upon second
reading.
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.
Chapin made a motion to approve Ordinance No. 2. Series of 2024 upon second reading; Davis
seconded motion passed (6-0).
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Town Council Meeting Minutes of May 7, 2024. Page 5
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
Ordinance No. 5, Series of 2024, second reading, began at time stamp 0:44:08 on the High Five
video.
Presenter(s): Deputy Chief, Justin Liffick, Vail Police Department
Approve, approve with amendments, or deny Ordinance No. 5, Series of 2024, upon second
reading.
Background: Staff is requesting Council adopt the 2020 Colorado Model Traffic Code with
suggested changes.
Davis made a motion to approve Ordinance No. 5, Series of 2024 upon second reading;
Biszantz seconded motion passed (6-0).
There being no further business to come before the council, Davis moved to adjourn the
meeting; Seibert seconded motion passed (6-0), meet adjourned at 6:52 p.m.
Respectfully Submitted,
Attest: __________________________________
Travis Coggin, Mayor
______________________________
Stephanie Kauffman, Town Clerk
15
AGENDA ITEM NO. 6.2
Item Cover Page
DATE:June 4, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:May 21, 2024 TC Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
2024-05-21 TC Meeting Minutes
16
Town Council Meeting Minutes of May 21, 2024. Page 1
Vail Town Council Meeting Minutes
Tuesday, May 21, 2024
6:00 P.M.
The Grand View
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. Recognitions
Recognitions began at time stamp 0:00:21 on the High Five video.
2.1 Colorado Grand Scholarship Award Winners
Presenter(s): Mayor Travis Coggin
Recognize Perla Chaves from Battle Mountain High School and Micah Robinson from Eagle
Valley High as the Colorado Grand Scholarship recipients for 2024.
Background: The Colorado Grand offers an annual scholarship program to students attending
local schools in Eagle County. Edward O'Brien, representing Colorado Grand, will recognize the
recipients and highlight the upcoming summer Colorado Grand Program, an event that has
been in Vail for over 30 years.
2.2 Town of Vail Scholarship Award
Presenter(s): Mayor Travis Coggin
17
Town Council Meeting Minutes of May 21, 2024. Page 2
Award Magdalina Goranova and Victoria Carty, both from Battle Mountain High School as as
the recipients for the Town of Vail Scholarship for 2024.
Background: The Town of Vail has offered a financial scholarship program for Vail Seniors who
have achieved academic excellence and leadership success and commitment to the Vail
community. The scholarship is to help fund students who are pursuing their next chapter in live
at either a college, university, or trade school.
3. Citizen Participation
Citizen Participation began at time stamp 00:05:22 on the High Five video.
Amy Oliveira, Executive Director of the TreeTop Child Advocacy Center, explained the center
supported child victims of abuse and their families in the Fifth Judicial District and relied on
funding from the federal Victims of Crime Act, which would be reduced in 2025.
Tim McMahon, an Eagle County resident, asked for clarification regarding if the Vail Town
Council was able to undo housing deed restrictions, the status of a project to update cameras in
the villages, the legal ramifications if he held a sign that listed repeat offenders of the town’s
EHU compliance requirements and suggested the town mandate rented e-bikes had a GPS
tracker that cut the bike’s motor when entering the town’s dismount zone.
Laurie O'Connell, owner of Perch and Elleston in Vail, expressed her desire to see the “off-
season” become the “on-season.”
Taylor Gardarian asked about a notice from the Town of Vail that could be provided to the U.S.
Forest Service indicating the town was not opposed to an assessment of the West Vail
Mountain and mentioned an energy production process which converted molecular hydrogen to
hydrinos.
4. Any action as a result of Executive Session
There was none.
5. Appointments of Boards, Commissions and Authorities
5.1 Vail Local Housing District (VLHA) Appointment
Presenter(s): Travis Coggin, Mayor
Motion to appoint one member to service on the VLHA for a five-year term ending on May 31,
2029.
During the afternoon meeting Staufer asked for four hands to postpone the VLHA appointment
to the June 4, Town Council meeting; four hands were raised, and the VLHA appointment will
be held on the June 4, 2024 Town Council evening meeting.
6. Consent Agenda
18
Town Council Meeting Minutes of May 21, 2024. Page 3
Consent Agenda began at time stamp 0:22:33 on the High Five video.
6.1 Resolution No. 23, Series of 2024, A Resolution Approving a Lease Agreement
between the Town of Vail, and the Colorado Department of Transportation ("CDOT")
Regarding Parking Along the Non-Travel Lanes of the Interstate 70 Frontage Roads
Located within the Limits of the Town
Approve, approve with amendments or deny Resolution No. 23, Series of 2024.
Background: The Town currently allows oversize vehicle parking, with permit fee, along a
section of the North Frontage Road west of the West Vail Roundabout. Per Federal regulations,
the Town is not allowed to generate income, after expenses, from the use interstate Right-of-
Way. The Town and CDOT wish to enter into a lease agreement through April 30, 2029 to
continue permitted parking.
6.2 Resolution No.24, Series of 2024, A Resolution Agreement between the Town of Vail,
and the Colorado Department of Transportation ("CDOT") Regarding Parking Along the
Non-Travel Lanes of the Interstate 70 Frontage Roads Located within the Limits of the
Town
Approve, approve with amendments or deny Resolution No. 24, Series of 2024.
Background: CDOT currently leases to the Town certain sections of the I-70 Frontage Road
within the Town of Vail for use as public parking and for general peak period public overflow
parking at times the Town's off-street parking facilities are anticipated to or have reached full
capacity. The Town and CDOT wish to renew said lease through April 30, 2029.
6.3 Resolution No. 25, Series of 2024, A Resolution of the Vail Town Council Approving
the First Amendment to Construction Contract with ViaOne Services, and Waiving the
80% Colorado Labor Requirement
Approve, approve with amendments, or deny Resolution No. 25, Series of 2024.
Background: Staff is requesting to waive the Keep Jobs in Colorado Act for the Fiber
Construction Project.
6.4 Contract Award to Wall Coating Systems Inc. for I-70 Pedestrian Bridge Rehabilitation
Project
Authorize the Town Manager to enter an agreement, in a form approved by the Town Attorney,
with Wall Coating Systems Inc. to complete the I-70 Pedestrian Bridge Rehabilitation project, in
the amount not to exceed $87,500.00.
Background: Work includes concrete spall repair, bridge handrail repair, bridge joint and
concrete sidewalk repair and the project is scheduled to be completed by August 30, 2024.
Davis made a motion to approve; Stuafer seconded motion passed (7-0).
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Town Council Meeting Minutes of May 21, 2024. Page 4
There being no further business to come before the council, Staufer moved to adjourn the
meeting; Chapin seconded motion passed (7-0), meet adjourned at 6:23 p.m.
Respectfully Submitted,
Attest: __________________________________
Travis Coggin, Mayor
______________________________
Stephanie Kauffman, Town Clerk
20
AGENDA ITEM NO. 6.3
Item Cover Page
DATE:June 4, 2024
SUBMITTED BY:Carlie Smith, Finance
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Resolution No. 26, Series of 2024, A Resolution Approving an
Amended Operating Plan and Budget of the Vail Local Marketing
District, for its Fiscal Year January 1, 2024 through December 31,
2024
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 26,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Staff Memorandum for Resolution #26
Presentation for Resolution No. 26
Resolution No 26, Series of 2024
21
To: Vail Town Council
From: Vail Local Marketing District
Date: June 4, 2024
Subject: Vail Local Marketing District 2024 1st Supplemental Budget Request
I. BACKGROUND
The mission of the Vail Local Marketing District (VLMD) is to market and promote Vail to
attract overnight destination guests primarily during the non-ski season time frame,
creating economic vitality by increasing the visitor base, sales tax and lodging tax
revenues with a focus on mid-week and lower demand time periods. The overarching
goal of the VLMD is to drive responsible revenue growth in Vail by focusing on quality of
guest, length of stay and guest spend, while effectively communicating community
values.
II. BUDGET DETAIL
The Vail Local Marketing District’s 2024 Budget was approved by resolution in
November of 2024. Since that time, additional marketing efforts have been identified.
Expenditures are being proposed to increase by $862,363, or 15.0%, from the
original 2024 budget. The 2024 proposed amended budget will total $6,633,563, a
36.6% increase compared to prior year actuals.
The proposed amened budget will utilize $1.17M of reserves. Total reserves at the end
of 2024 are projected to be $2,290,232, or 42% of annual revenues, and above
Council’s directive of 25%.
There is approximately $941.5K of available reserves above and beyond the 25%
directive. The VLMDAC has identified several uses for the fund balance over the next 3-
5 year time frame. This will include funding of the new brand launch, DMO (Destination
Marketing Organization) implementation, year-round marketing, and resource
efficiencies.
III. SUPPLEMENTAL REQUEST
The Vail Local Marketing District Advisory Committee (VLMDAC) is recommending a
supplemental budget to expand and enhance marketing efforts for Vail in the non-winter
months. The statutory structure of the VLMD dictates the need for a yearly
supplemental due to conservative budgeting resulting in substantial fund balance
(reserves). The Lodging Tax receipts from the state lag by 60 days so with that, the
22
Town of Vail Page 2
2024 Operating Plan adoption in late September only includes revenue results through
July.
With the structure set as it is, the board and partners continually formulate Q1 or Q2
opportunities to improve marketing outcomes. All opportunities requested tie directly to
achieving stated goals.
Supplemental Categories:
- Content and Personalization Enhancements
- Building the Brand
- Optimize Visitation
A total of $196,400 is requested to support content and personalization enhancements.
This will include the following:
- Email Personalization Enhancement Tool for $35,000 that enables improved
personalization functionality, testing across all email readers, and enhanced
analytics.
- Personalized Content for Increased Email Segmentation for $28,980 that
customizes content for additional segmentation in e-newsletter strategy
- Website content creation for $50,940 for the following:
o Website Article Content Enhancement to create new EEAT
(Experience, Expertise, Authoritativeness, and Trustworthiness),
Wedding and Multi-Gen Content, Strategy and Insights
o Website Personalization Trial that will provide personalization to
website to increase engagement and time on site.
o Apple Guide Development to create 3 Apple Guides to compete with
other DMOs using the platform and provide information to those not
using Google search.
- Website Conversion Study for $5,900 which includes 50+ tourism websites for
baseline comparisons.
- Interactive Map Experiences and In-Resort Campaign / Map for $75,580 that
includes 20-30 unique experiences (ie: walking tours), awareness campaign
and printed map
A total of $96,150 is requested to support building the brand, focusing on the Brand
Positioning priority of the VLMD. This will include the following:
- Social Media Kick-Start for $14,200 that will fast track the new social handles,
@DiscoverVailColorado, with increased post boosting and campaigns.
- Brand Perception Study (In-Depth Interviews) for $22,950 to add-on to Brand
Perception Study with in-depth interviews of leisure travelers
23
Town of Vail Page 3
- Marketing Campaign Effectiveness and Economic Impact Study for $59,000 to
determine ROI of campaign with tax revenue, nights stayed and direct visitor
spending
A total of $569,813 to optimize visitation through paid media and research. This will
include the following:
- Build Upon Existing Paid Media Partners for $47,602 to increase existing plan
and expand awareness of 2024 campaign to key markets
- Pandora or Spotify Sponsored Playlist for $110,000 to break through the
clutter and sponsor a popular, pre-existing station
- Geo-targeted Booking Pop-up on DiscoverVail.com for $110,000 that will
bring exposure and track EGE bookings to build awareness and track EGE
travel to Vail lodging. This will geo-target users and show flights and cost from
EGE to ORD & HOU with custom booking windows.
- NBC Olympics advertising on Peacock / NBC Olympics for $251,500 to target
our active, affluent audience and build brand awareness.
- Increase Fall / Early Winter Marketing Efforts by $30,250 to increase existing
plan and expand shoulder season paid media to drive visitation.
- Near Media Attribution Study for $20,640 that will track media campaigns to
enhance measurement, effectiveness, impact, and identify opportunities
IV. BUDGET SHIFTS
The VLMDAC shifted $60,745 of media spend budget from digital channels to traditional
channels to better align with current media strategy. Within that amount, $4,205 is being
shifted from destination to front range.
V. ACTION REQUESTED OF VAIL LOCAL TOWN COUNCIL
The Vail Local Marketing District recommends that the Vail Town Council approve the
supplemental budget of $862,363.
24
2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL LOCAL MARKETING DISTRICT
2023
Preliminary
Actuals
Variance
Fav/(Unfav)2024 Budget Budget Shifts
1st
Supplemental
2024 Amended
Budget
Income
Lodging Tax 5,489,112 184,112 5,395,000 5,395,000
Interest Income 125,984 89,984 65,000 65,000
Total Income 5,615,096 274,096 5,460,000 - - 5,460,000
Expense
Destination 1,070,461 (80,461) 1,141,040 (4,205) 464,065 1,600,900
International 125,896 604 172,300 172,300
Front Range 229,148 125,852 250,000 4,205 35,355 289,560
Groups and Meetings 273,761 26,944 320,667 320,667
Public Relations Expenses 99,729 40,771 156,500 156,500
Content/Influencer Strategy 140,765 4,375 172,153 14,200 186,353
Photography / Video 317,084 244,591 390,200 390,200
Research 76,204 1,846 123,805 108,310 232,115
Web Site 360,655 24,615 374,090 80,940 455,030
Admin Miscellaneous 12,164 (4,164) 27,600 27,600
Email Marketing 155,758 43,602 338,000 63,980 401,980
Branding 664,589 99,421 749,500 30,000 779,500
Contingency - 250,000 250,000 250,000
Database Warehousing and Research 425,093 19,452 500,227 500,227
In-Market Marketing 42,434 17,566 100,735 15,580 116,315
Marketing Sponsorship 59,000 - 50,000 50,000
Professional Fees -
Legal and Accounting 32,000 - 32,000 32,000
Lodging Liaison 48,000 - 51,736 51,736
Advertising Agent Fees 212,517 (20,757) 221,160 49,933 271,093
Marketing Coordination-TOV 143,000 - 143,000 143,000
Marketing Coordination-VVP 45,275 - 53,986 53,986
Professional Fees - MYPR 109,084 9,916 152,500 152,500
Total Professional Fees 589,876 -10,841 654,382 - 49,933 704,315
Total Expense 4,642,618 804,172 5,771,200 - 862,363 6,633,563
Revenue over (Under) Expenditures 972,478 1,078,268 (311,200) - (862,363) (1,173,563)
Transfer to General Fund 1,410,000 - - - - -
Beginning Fund Balance 3,901,317 3,463,795 3,463,795
Ending Fund Balance 3,463,795 3,152,595 2,290,232
Fund Balance (25% required)63%58%42%
25
VLMD 2024 SUPPLEMENTAL REQUEST
JUNE 4, 2024
26
The VLMDAC is here today to recommend a supplemental budget to expand and enhance our
marketing efforts.
The statutory structure of the VLMD necessitates a yearly supplemental including:
-Conservative budgeting consistently results in a substantial fund balance (reserves)
-Lodging Tax receipts collected by the state lag by 60 days
-The 2024 Operating Plan adoption in late September only includes revenue through July
-Board and partners continually formulate Q1/Q2 opportunities to improve marketing
outcomes beginning with the adoption of the operating plan in September.
-All additional dollars requested tie directly to achieving stated goals.
Supplemental Request Categories:
-Content and Personalization Enhancements
-Building the Brand
-Optimize Visitation
Supplemental Request- $862,363
27
2024 CAMPAIGN UPDATE2024 SUPPLEMENTAL REQUEST
28
Consumer Confidence
29
Multi-Destination Occupancy Report
30
Summer Occupancy
31
2024 Objective & Priorities
Drive responsible year-round revenue growth in Vail by targeting overnight guests who stay longer and
spend more, while effectively communicating community and brand values. Areas of focus include
increasing mid-week and lower demand time period stays.
Business Objective
Target high net worth
guests, maximize
longer stays and
higher spend, gain
greater
understanding of
customer through
research while
educating on
community values.
Optimize
Visitation
Grow customer
database and use
data to better
understand guest to
enhance
engagement &
loyalty.
Build
Loyalty
Develop and deliver
upon a brand position
that reflects
community values,
differentiates Vail
in ways that build its
competitive edge, and
inspires all to care for
Vail.
Lead
Stewardship
Position Vail as the
Premier International
Mountain Resort
Community and work
with community
partners to define,
support and deliver
on the brand.
Brand
Positioning
V
L
S
B
32
* WiFi based on out of state visitors who log on to Vail Free WiFi, approx. 1.5% of total visitation
Guest profiler is a look back sample from 10 lodging properties
Web visits based on out of state visitation from top targeted states - NOT accurate comparison with new GA4.
Detailed Supplemental Goals
Goal 2022 Actual 2023 Actual 2024 Goal
Increase Destination
Visitation 6/1 - 9/30
2024
* WiFi: 34,397
Guest Profiler: 50.2%
Web Visits: 353,703
* WiFi: 34,220
Guest Profiler: 57.5%
Web Visits: 352,346
5% increase YOY
Build Loyalty: Repeat
visitation 6/1 - 9/30
3.7% of 2021 summer
WiFi visitors returned
in 2022 summer
5.6% of 2022 summer
WiFi visitors returned
in 2023 summer
6.4% of 2023 summer
WiFi visitors will return
in 2024 summer
Increase Occupancy
10/15 - 12/15 2024
36.6%37.4%39.3%
5% increase YOY
33
First Supplemental Request
Proposed Amended Budget: $6.63M
● Expenditures are proposed to increase by $862.3K, or 15% compared to the 2024
original budget
Impact to Fund Balance:
●Estimated fund balance at the end of 2024 is $941.5K; 42% of annual
revenues
●Proposed amended budget utilizes $1.17M of fund balance
Fund Balance plan use over a 3-5 year time frame to include:
● DMO Implementation
●Year-round Marketing
● 2025 Brand Launch
● Resource Efficiencies
●
34
CONTENT AND PERSONALIZATION ENHANCEMENTS
35
Why Personalized Content
We can’t not personalize a user’s web experience in 2024
say personalization is
very important
Per our email survey
33% of consumers expect
personalization when
engaging with a
website
71%
36
We Can Make Our Content Go Farther
Web Users
67% ⬆
Content is the the single common thread through the entire digital
ecosystem. We are constantly improving and we can grow faster.
DiscoverVail.com stats YOY:
Sessions/
Page Views
82% ⬆
On-site
Engagement
17% ⬆
37
Data-Driven Marketing Helps Optimize Visitation
-Website Personalization Trial
38
Data-Driven Marketing Helps Optimize Visitation
-Website Article Content Enhancement
-Website Conversion Study
39
Data-Driven Marketing Helps Optimize Visitation
-Email Personalization
Enhancement Tool
-Personalized Content for
Increased Email
Segmentation
40
Request
Email Personalization Enhancement Tool
Testing tool that enables improved personalization, testing across all email readers, and enhanced analytics.
$35,000
Personalized Content for Increased Email Segmentation
Customize content for additional segmentation in e-newsletter strategy
$28,980
Website Article Content Enhancement
New EEAT, Wedding and Multi-Gen Content, Strategy and Insights,
Website Personalization Trial
Provide personalization to website to increase engagement and time on site
Apple Guide Development
Create 3 Apple Guides to compete with other DMOs and provide information to those not using Google search.
$50,940
Website Conversion Study
Website conversion study including 50+ tourism websites for baseline comparisons
$5,900
Interactive Map Experiences and In-Resort Campaign / Map
20-30 unique experiences (ie: walking tours), awareness campaign and printed map
$75,580
TOTAL Content and Personalization Enhancements $196,400
Optimize Visitation Build Loyalty Lead Stewardship Brand Positioning
Content and Personalization Enhancements
✓✓✓
✓✓✓
✓✓✓✓
✓✓✓✓
✓✓✓
41
BUILDING THE BRAND
42
Building the Brand
The VLMDAC is committed to owning, promoting and managing the Vail destination as
a whole. The board identified the need for a DMO-specific brand to be created, one that
stands on its own, complements the Vail Mountain brand, and is clear to our visitors
showcasing the entire destination.
This new Vail brand, which is currently in development, will represent the destination
and the community. The new brand requires a robust and multi year launch and roll out,
along with measurement of brand perception, performance and potential.
A multitude of key performance indicators will be necessary to measure the
effectiveness of marketing campaigns.
43
Building the Brand
Request
Social Media Kick-Start
Fast tracking the new handles with increased post boosting and campaigns
$14,200
Brand Perception Study (In-Depth Interviews)
Add-on to Brand Perception Study with in-depth interviews of leisure travelers
$22,950
Marketing Campaign Effectiveness and Economic Impact Study
Determine ROI of campaign with tax revenue, nights stayed and direct visitor spending
$59,000
TOTAL Building the Brand $96,150
✓✓✓✓
Optimize Visitation Build Loyalty Lead Stewardship Brand Positioning
✓✓✓✓
✓✓✓✓
44
OPTIMIZE VISITATION
45
2024 BRAND CAMPAIGN
46
47
2024 CAMPAIGN
A MOMENT FOR SPONTANEITY
EMPTY NESTER & NON-FAMILY
LATIN X (IN SPANISH)
OUTDOOR ENTHUSIAST
WEBSITE UPDATES, PRINT & DIGITAL ADSVIDEO ASSETS SEGMENTED BY AUDIENCE
Social Media Edits (Vertical and Horizontal)
:06, :15, :30 second spots
FAMILY
DELIVERABLES
48
Supplemental request is to increase advertising spend by ~33% to shore-up
existing plan without sacrificing any efficiencies in performance to
continue to reach more of our guests that spend and stay the longest.
Optimize Visitation: Paid Media Tactics
April 1 - May 27, 2024
49
Optimize Visitation: Paid Media Tactics
Digital Only 50
Request
Build Upon Existing Partners
Increase existing plan to expand awareness of 2024 campaign to key markets
$47,602
Spotify Sponsored Playlist
Break through the clutter and sponsor a popular, pre-existing station
$110,000
Geo-targeted Booking Pop-up / EGE Awareness
Geo-target users and show flights and cost from EGE to ORD & HOU with custom booking windows.
$110,000
NBC Olympics
Advertise on Peacock / NBC Olympics and target our active, affluent audience.
$251,500
Increase Fall / Early Winter Marketing Efforts $30,250
Near Media Attribution
Track media campaigns to enhance measurement, effectiveness, impact, and identify opportunities.
$20,640
TOTAL Optimize Visitation $569,813
Optimize Visitation: Paid Media and Research
✓✓✓
Optimize Visitation Build Loyalty Lead Stewardship Brand Positioning
✓✓✓✓
✓✓
✓✓✓
✓✓✓
✓✓✓
51
Supplemental Request Summary
The three categories discussed totals a supplemental request of $862,363
-Content and Personalization Enhancements $ 196,400
-Building the Brand $ 96,150
-Optimize Visitation Options:$ 569,813
TOTAL $ 862,363
52
Action Requested
Vail Local Marketing District Advisory Council recommends the Vail Local
Marketing District approve the 2024 1st Supplemental Plan and budget request of
$862,363
53
THANK YOU
54
Resolution No. 26, Series of 2024
RESOLUTION NO. 26
SERIES OF 2024
A RESOLUTION APPROVING AN AMENDED OPERATING PLAN AND
BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL
YEAR JANUARY 1, 2024 THROUGH DECEMBER 31, 2024
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the “Charter”); and
WHEREAS, the members of the Town Council of the Town (the “Council”) have
been duly elected and qualified; and
WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of the
operating plan the Vail Local Marketing District (the “VLMD”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council approves the operating plan and budget of the VLMD
for marketing related expenditures beginning on the first day of January, 2024, and
ending on the 31st day of December, 2024.
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 4th day of June 2024.
___________________________________
Travis Coggin, Town Mayor
Attested:
_________________________
Stephanie Kauffman, Town Clerk
55
AGENDA ITEM NO. 6.4
Item Cover Page
DATE:June 4, 2024
SUBMITTED BY:George Ruther, Housing
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Resolution No. 27, Series of 2024, A Resolution Supporting the
Town of Vail Grant Application to the Colorado Department of
Local Affairs for a Local Planning Capacity Grant
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 27,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No. 27 Series of 2024, Local Planning Capacity Grant Program Application
Resolution No. 27 - Housing Grant
56
To:Vail Town Council
From:George Ruther, Housing Director
Vail Local Housing Authority
Date:June 4, 2024
Subject:Resolution No. 27, Series of 2024 – A resolution approving the submission of a
Department of Local Affairs Local Planning Capacity Grant Program Application.
I.Purpose
The purpose of this memorandum is to present Resolution No. 27, Series of 2024, a
resolution approving the submission of a Department of Local Affairs Local Planning
Capacity Grant Program application.
II.Local Planning Capacity Grant Program
The Local Planning Capacity grant program launched November 1, 2023. The intent of
the program is to increase the capacity of local government planning departments
responsible for processing land use, permitting, and zoning applications for housing
projects. The program supports local governments’ capacity to address affordable
housing, especially by expediting development review, permitting, and zoning of
affordable housing.
According to the program parameters, grant funds can be used to support new staff
wages, hiring consultants, implementing new systems and technologies, revising land
use development codes, regional collaborations, developing future commitments, or
other efforts that achieve fast track goals required by Proposition 123.
Delivering housing solutions is the objective of the program. With that in mind, fast
tracking of affordable housing development is the top priority but grant funds can also
support increasing planning department capacity, especially planning efforts that impact
the number of affordable housing units built towards local Prop 123 commitments. The
program requires a 20% local match. As the Town of Vail is requesting the maximum
award of $200,000, a local match of $40,000 is required if an award is granted. If
awarded, the Town staff will return to the Vail Town Council with a request for
supplemental budget appropriations to fund the local match requirement.
57
Town of Vail Page 2
III.Scope of Work of the Request
The Town of Vail seeks to deliver housing solutions for the urgent housing needs of low-
and moderate-income individuals and families in Eagle County, Colorado, to build stability
for a crucial segment of the vital Vail workforce, and bolster and support a vibrant year-
round local economy. The Town is requesting $200,000 from the Local Capacity Building
grant program in order to achieve three goals:
1) hire a land use planning consultant to propose and implement new processes
and codes to fast track affordable housing applications;
2) contract with a seasoned housing professional and project manager to facilitate
the entitlement process and subsequent development of two new affordable
housing developments (Timber Ridge Village and West Middle Creek), ensure
eligible residents are supported through their application process, and facilitate the
acquisition and initial planning processes for a new housing development on the
East Vail CDOT parcels.
3) hire a professional grant writer to identify new grant and low interest rate funding
sources to support local and regional affordable housing solutions.
Each of these efforts supports the Vail Home Partners’ commitment to delivering housing
solutions for the Vail community and achieving the Town’s adopted housing goal.
IV.RECOMMENDATION
The Vail Local Housing Authority and Town of Vail Housing Department recommend
that the Vail Town Council approves Resolution No. 27, Series of 2027, as read.
58
RESOLUTION NO. 27
Series of 2024
A RESOLUTION SUPPORTING THE TOWN OF VAIL GRANT APPLICATION
TO THE COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR A LOCAL
PLANNING CAPACITY GRANT
WHEREAS, the Local Planning Capacity Grant Program was launched on
or about November 1, 2023; and
WHEREAS, the intent of the program is to increase the capacity of local
government planning departments responsible for processing land use,
permitting, and zoning applications for housing projects. The program supports
local governments’ capacity to address affordable housing, especially by
expediting development review, permitting, and zoning of affordable housing.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO THAT:
Section 1.The Town Council hereby supports the Town of Vail grant
application to the Colorado Department of Local Affairs for a Local Planning
Capacity Grant and authorizes the Town Manager to execute the grant
application on behalf of the Town.
Section 2.This Resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 4th day of June,
2024.
_________________________
Travis Coggin
Mayor, Town of Vail
ATTEST:
_____________________________
Stephanie Kauffman,
Town Clerk
59
AGENDA ITEM NO. 6.5
Item Cover Page
DATE:June 4, 2024
SUBMITTED BY:Chad Salli, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Resolution No. 28, Series of 2024, A Resolution Approving a
Lease Agreement between the Town of Vail, and the Colorado
Department of Transportation ("CDOT") Regarding Parking along
the Non-travel Lanes of the Interstate 70 Frontage Roads Located
within the Limits of the Town
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 28,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No. 28 Series 2024 CDOT Ford Park Parking 5 Year Lease
Gerald Ford Lease 2024-04-01
60
RESOLUTION NO. 28
Series of 2024
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE
TOWN OF VAIL, AND THE COLORADO DEPARTMENT OF
TRANSPORTATION (“CDOT”) REGARDING PARKING ALONG THE NON-
TRAVEL LANES OF THE INTERSTATE 70 FRONTAGE ROADS LOCATED
WITHIN THE LIMITS OF THE TOWN
WHEREAS, the Town and CDOT wish to enter into a lease agreement
pursuant to the terms set forth in Exhibit A, attached hereto and incorporated
herein by this reference (the “Lease”), which includes a parking program utilizing
the Vail Frontage Roads.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO THAT:
Section 1.The Council hereby approves the Lease and authorizes the Town
Manager to execute the Lease 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 take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 4
th day of June 2024.
_________________________
Travis Coggin
Mayor, Town of Vail
ATTEST:
_____________________________
Stephanie Kauffman,
Town Clerk
61
Rev.10/2023
Page 1 of 7
PROPERTY MGMT.NO. __________________
NO: PROJECT: I 70-2(7) 183
LOCATION: I-70 South Frontage Road
Adjacent to Gerald R. Ford Park
in the Town of Vail
LEASE AGREEMENT
(Vacant Land)
THIS LEASE AGREEMENT made and entered into this 3rd day of April , 2024 by and between the
State of Colorado acting by and through the Colorado Department of Transportation, CDOT, hereinafter
referred to as "Lessor", and The Town of Vail thereinafter referred to as "Lessee".
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree
as follows:
1. PREMISES, Lessor hereby leases and demises unto Lessee the Premises, hereinafter referred
to as "Premises" located along the non-travel lanes of the Interstate 70 (I-70) South Frontage Road
adjacent to Gerald R. Ford Park located within the limits of the Town of Vail in Eagle County,
Colorado. The leased Premises is described in “Exhibit A” and depicted on “Exhibit B” attached hereto
and made a part hereof.
2. TERM The term of this lease shall begin on April 15, 2024 and end on April 15, 2034 , subject
to the cancellation and termination provisions herein.
3. RENT. Lessee shall pay the sum of $500.00 for the entirety of all 10 years. Payment shall be
made payable to the Colorado Department of Transportation at:
Colo. Dept. of Transportation
C/o Accounting Receipts & Deposits
2829 W. Howard Pl., 5th Floor
Denver, CO 80204
or at such place as Lessor from time to time designates by notice as provided herein.
In the event Lessor has not received the rental installment hereunder within thirty (30) days of execution
of the Agreement, a late charge of five percent (5%) of the total installment will be assessed to the
Lessee. In the event the entire rental fee plus any late fees are not paid to Lessor by Lessee within sixty
(60) days of execution of this agreement, Lessee shall vacate the Premises and Lessor shall be entitled
to retain all prior sums paid to Lessor by Lessee.
4. USE. It is understood and agreed that the Lessee intends to use the Premises for the purposes
of managed parking operations, bus transit operations, and occasional civic celebrations and for
no other uses. The Premises may not be used for any other purpose without the specific written prior
permission of the Lessor. Any other use of the Premises shall constitute material breach of this Lease
and may cause this lease to terminate immediately at the Lessor’s option.
5. TAXES, UTILITIES, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that
this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments,
insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements,
62
Rev.10/2023
Page 2 of 7
and all other direct costs, charges and expenses of any kind whatsoever respecting the Premises shall be
borne by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or
diminished directly or indirectly by any cost or charge. Lessee shall maintain the Premises in good repair
and in tenable condition free of trash and debris during the term of this lease. Lessor shall have the right
to enter the Premises at any time for the purpose of making necessary inspections.
6. HOLD HARMLESS. The Lessee shall save, indemnify and hold harmless the Lessor and FHWA
for any liability for damage or loss to persons or property resulting from Lessee's occupancy or use of the
Premises.
7. OWNERSHIP. The State of Colorado is the owner or the Premises. Lessor warrants and
represents himself to be the authorized agent of the State of Colorado for the purposes of granting this
Lease.
8. LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised
Premises without specific written permission of the Lessor and will not permit the use of said Premises to
anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor.
9. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of
this Lease, whether or not incorporated herein by reference, which provides for arbitration by any extra-
judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be
considered null and void. Nothing contained in any provision incorporated herein by reference which
purports to negate this or any other special provision in whole or in part shall be valid or enforceable or
available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered
null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent
that this agreement is capable of execution.
10. CANCELLATION. Both parties understand that at any time before the scheduled expiration of
the term of this Lease, Lessor has the right to cancel the lease without liability by giving the Lessee
30-day written notice of its intention to cancel the Lease. The notice shall be hand delivered, posted on
the Premises, or sent to the Lessee, at the address of the Lessee contained herein by Certified Mail,
return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor 30-day
written notice of their intent to do so.
11. COMPLETE AGREEMENT. This Lease, including all exhibits, supersedes any and all prior
written or oral agreements and there are no covenants, conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation,
renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in
a written contract executed and approved pursuant to the State Fiscal Rules.
12. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT. The captions and headings used in this
Lease are for identification only and shall be disregarded in any construction of the lease provisions. All
of the terms of this Lease shall inure to the benefit of and be binding upon the respective heirs,
successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be
determined to be invalid, illegal, or without force by a court of law or rendered so by legislative act then
the remaining provisions of this Lease shall remain in full force and effect.
13. NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee
has any personal or beneficial interest whatsoever in the service or property described herein.
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14. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or
thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the
State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which
shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with
18-8-301, et seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office),
C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their
knowledge, no state employee has any personal or beneficial interest whatsoever in the service or
property described herein.
15. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by
registered or certified mail, return receipt requested, to the party at the address as hereinafter provided,
and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage
attached thereto:
LESSOR: LESSEE:
Colo. Dept. of Transportation Town of Vail
Property Management Manager Attn: Town Manager
2829 W. Howard Pl., 4th Floor 75 South Frontage Road
Denver, Colorado 80204 Vail, Colorado 81657
Notice of change of address shall be treated as any other notice. The Lessee warrants that the address
listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of
any changes in that address within ten (10) days of such change.
16. HOLDING OVER. If the Lessor allows the Lessee to occupy or use the Premises after the
expiration or sooner termination of this Lease, the Lessee becomes a Holdover Tenant and shall be a
month-to-month Lessee subject to all the laws of the State of Colorado applicable to such tenancy. The
rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of
the date of expiration or sooner termination. Lessor and Lessee each hereby agree to give the other
party at least thirty (30) days written notice prior to termination of this holdover tenancy.
17. CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until it has been
approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee.
18. HAZARDOUS MATERIALS. The Lessee agrees to defend, indemnify and hold harmless the
Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages,
claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the
presence, disposal, release or clean-up of any contaminants, hazardous materials or pollutants on, over,
under, from or affecting the property subject to this Lease, which contaminants or hazardous materials
the Lessee or its employees, agents, contractors or officials has caused to be located, disposed, or
released on the property. The Lessee shall also be responsible for all damages, claims and liability to the
soil, water, vegetation, buildings or personal property located thereon as well as any personal injury or
property damage related to such contaminants or hazardous materials.
19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or
improvements of any kind shall be erected or moved upon the Premises by the Lessee without the
express written prior permission of the Lessor. Any such structure or improvement erected or moved
upon the Premises without the express written consent of the Lessor may be immediately removed by the
Lessor at the expense of the Lessee. Further, any structures, improvements or items of any kind
remaining on the Premises at the termination of the Lease will be considered abandoned by the Lessee
and may be immediately removed by Lessor at the Lessee’s expense.
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20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the
partners, heirs, executors, administrators, and successors of the respective parties hereto.
21. DEFAULT. If: (1) Lessee shall fail to pay any rent or other sum payable hereunder for a period of
10 days after the same is due; (2) Lessee shall fail to observe, keep or perform any of the other terms,
agreements or conditions contained herein or in regulations to be observed or performed by Lessee and
such default continues for a period of 30 days after notice by Lessor; (3) This Lease or any interest of
Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall
constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee
hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other
rights and remedies given hereunder or by law, do any of the following:
(a) Lessor shall have the right, so long as such default continues, to give notice of termination to
Lessee. On the date specified in such notice (which shall not be less than 3 days after the giving of such
notice) this Lease shall terminate.
(b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter,
re-enter the Premises and remove there from all persons and property and again repossess and enjoy
the Premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's
default or of such termination.
(c) The amount of damages which Lessor may recover in event of such termination shall include,
without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by
Lessee to Lessor hereunder, as of the time of termination, together with interest thereon as provided in
this Lease, (2) all legal expenses and other related costs incurred by Lessor following Lessee's default
including reasonable attorneys' fees incurred in collecting any amount owed hereunder (3) any damages
to the property beyond its present condition.
(d) Upon the Lessee's failure to remove its personal property from the Premises after the
expiration of the term of this Lease, Lessor may in its sole discretion, without notice to or demand upon
Lessee, remove, sell or dispose of any and all personal property located on the Premises. Lessee waives
all claims for damages that may be caused by Lessor's removal of property as herein provided.
22. INSURANCE. (Revised 2006 per State Controller Requirements)
(a) The Lessee shall obtain and maintain, at all times during the duration of this Lease,
insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for
them on the Premises to obtain like coverage. The following insurance requirements must be in effect
during the entire term of the Lease. Lessee shall, at it sole cost and expense, obtain insurance on its
inventory, equipment and all other personal property located on the Premises against loss resulting from
fire, theft or other casualty.
(b) Workers’ Compensation Insurance as required by State statute, and Employer’s Liability
Insurance covering all employees acting within the course and scope of their employment and work on
the activities authorized by this Lease in Paragraph 4.
(c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93
or equivalent, covering Premises operations, fire damage, independent Consultants, blanket contractual
liability, personal injury, and advertising liability with minimum limits as follows:
1. $1,000,000 each occurrence;
2. $2,000,000 general aggregate;
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3. $50,000 any one fire.
If any aggregate limit is reduced below, $1,000,000 because of claims made or paid, the Lessee,
or as applicable, its Contractor, shall immediately obtain additional insurance to restore the full
aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT
showing compliance with this provision.
(d) If any operations are anticipated that might in any way result in the creation of a pollution
exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of
$1,000,000 Each Claim and $1,000,000 Annual Aggregate. CDOT shall be named as an Additional
Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an
extended reporting period of at least two-years following finalization of the Lease.
(e) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy
shall become primary (drop down) in the event the primary Liability Policy limits are impaired or
exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary.
The following form Excess Liability shall include CDOT as an Additional Insured.
(f) CDOT shall be named as Additional Insured on the Commercial General Liability
Insurance policy. Coverage required by the Lease will be primary over any insurance or self-insurance
program carried by the State of Colorado.
(g) The Insurance shall include provisions preventing cancellation or non-renewal without at
least 30 days prior notice to CDOT by certified mail to the address contained in this document.
(h) The insurance policies related to the Lease shall include clauses stating that each carrier
will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions,
organizations, officers, agents, employees and volunteers.
(i) All policies evidencing the insurance coverage required hereunder shall be issued by
insurance companies satisfactory to CDOT.
(j) In order for this lease to be executed, the Lessee, or as applicable, their Contractor, shall
provide certificates showing insurance coverage required by this Lease to CDOT prior to the execution of
this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or
Contractor shall deliver to the Notice Address of CDOT certificates of insurance evidencing renewals
thereof. At any time during the term of this Lease, CDOT may request in writing, and the Lessee or
Contractor shall thereupon within 10 days supply to CDOT, evidence satisfactory to CDOT of compliance
with the provisions of this section. Insurance coverage must be in effect, or this lease is in default.
(k) Notwithstanding subsection (a.) of this section, if the Lessee is a “public entity” within the
meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et seq., as amended (“Act’), the
Lessee shall at all times during the term of this Lease maintain only such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by
CDOT, the Lessee shall show proof of such insurance satisfactory to CDOT. Public entity Lessees are
not required to name CDOT as an Additional Insured.
(l) If the Lessee engages a Contractor to act independently from the Lessee on the Premises,
that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on
their Commercial General Liability, and Umbrella or Excess Liability policies.
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23. ADDITIONAL PROVISIONS.
(a) Lessee shall not use the Premises nor allow any other party to use the Premises for any purpose
not specifically authorized by this Lease nor for any purpose prohibited by the State of Colorado
and/or the FHWA.
(b) Lessee shall ensure that Lessee’s use and occupancy of the Premises shall not interfere with
Lessor’s use of the adjoining State highway right-of-way or with the installation, operation,
maintenance and repair of any utilities, drainage or irrigation facilities located on, above, over,
under, through, across or adjacent to the Premises.
(c) Lessee shall not modify or alter the Premises without Lessor’s prior written approval. Prior to
requesting Lessor’s approval of any modifications or alterations to the Premises, Lessee shall
submit to Lessor a site plan and/or construction drawings depicting and describing all proposed
modifications and/or alterations. Any approval(s) given by Lessor shall be subject to and
contingent upon full and complete compliance by Lessee of any and all conditions and/or
stipulations required by Lessor. Lessee agrees that any approvals given by Lessor shall not
operate to transfer any liabilities or responsibilities to Lessor; all modifications and alterations to
the Premises shall be at Lessee’s sole and absolute risk. In all circumstances, Lessee’s work and
act of modifying or altering the Premises shall be performed with the highest standard of care to
ensure such work and act shall not cause damage to the Premises, to Lessor’s adjacent
highways, to any utility, to any irrigation facility, to any trees or to the property of any other party.
Lessee’s work and act of modifying or altering the Premises shall be subject to Lessee obtaining
all appropriate permits from any authority having jurisdiction to approve such work. Further,
Lessee shall and agrees to save, indemnify and hold Lessor harmless from any liability for
damage or loss to persons or property resulting from this Lease. In the event Lessee engages a
contractor to perform any work upon the Premises, such contractor shall be required to save,
indemnify and hold Lessor harmless for any liability for damage or loss to persons or property
resulting from activities from such work and shall name Lessor as an additional insured party on
its insurance policy. Proof of the contractor’s insurance must be provided to Lessor prior to any
work being conducted on the Premises.
(d) Lessor has entered this Agreement and has agreed to Lease the Premises to Lessee based upon
representations made by Lessee that Lessee’s intended use of the Premises is in the overall
public interest for social, environmental, and economic purposes.
(e) In the event Lessee satisfies each and every duty and obligation to be performed by Lessee
under this Lease Agreement, Lessor hereby grants to Lessee the option to extend the term of this
Lease for two (2) additional ten (10) year periods, each commencing when the prior term expires.
In order to exercise its option to extend this Lease as aforesaid, Lessee shall give Lessor no less
than ninety (90) days advance written notice of Lessee’s intent to extend the term of this Lease.
(f) This Lease shall not be deemed valid unless it has been approved by the FHWA
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IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the day and year
first above written.
LESSEE:
______________________________________
(Print Full Legal Name)
By ___________________________________
(Signature)
Title___________________________________
______________________________________
Federal Tax Identification Number
LESSOR:
ATTEST: COLORADO DEPARTMENT OF
TRANSPORTATION
_____________________________________
Hope Wright Date Keith Stefanik, P.E. Date
Chief Clerk – Property Management Chief Engineer
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AGENDA ITEM NO. 6.6
Item Cover Page
DATE:June 4, 2024
SUBMITTED BY:Chad Salli, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to Orozco Concrete Inc. for the 2024 On-Call
Concrete Repair
SUGGESTED ACTION:Authorize the Town Manager to enter an agreement, in a form
approved by the Town Attorney, with Orozco Concrete Inc. to
complete the 2024 On-Call Concrete Repair contract, not to exceed
$125,000.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo On-Call Concrete 2024-06-04
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To:Town Council
From:Public Works
Date:06/04/2024
Subject:2024 On-Call Concrete Repair Contract Award
I.ITEM/TOPIC
2024 On-Call Concrete Repair Contract Award
II.ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Orozco Concrete, Inc to
complete the 2024 On-Call Concrete Repair Contract.
III.BACKGROUND
Staff received 1 proposal for the 2024 On-Call Concrete Repair Contract from Orozco
Concrete, Inc. The project is budgeted with the Capital Street Maintenance budget.
This contract is to provide curb/gutter and concrete flatwork repair as directed by Town
Staff as needed throughout the Town of Vail.
IV.STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with Orozco Concrete, Inc to complete the 2024 On-Call Concrete Repair
Contract in the amount not to exceed $125,000.00.
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AGENDA ITEM NO. 7.1
Item Cover Page
DATE:June 4, 2024
TIME:10 min.
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Presentation/Discussion
AGENDA SECTION:Action Items
SUBJECT:Active Transportation Infrastructure Investment Program (ATIIP)
Grant
SUGGESTED ACTION:Direct staff to apply for the ATIIP grant to plan and design the
separation of the Gore Valley Trail along Bighorn Road; and authorize
the Town Manager to sign the application.
PRESENTER(S):Tom Kassmel, Town Engineer
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo ATIIP Grant 2024
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To:Vail Town Council
From:Public Works Department
Date:June 18, 2024
Subject:Active Transportation Infrastructure Investment Program Grant
I.SUMMARY
The Active Transportation Infrastructure Investment Program (ATIIP) is a new FHWA
competitive grant program created by the Bipartisan Infrastructure Law to plan, design,
and construct projects to provide safe and connected active transportation facilities in
active transportation networks or spines. Active transportation facilities include all
facilities accommodating pedestrians, bicyclists, and other alternative human powered
means of transportation.
The Go Vail 2045 Mobility & Transportation Master Plan recommends many active
transportation facilities be considered for implementation over the next 20 years. One
facility staff believes will compete well within this grant program and will provide
significant benefits to Vail is the portion of the Gore Valley Trail that exist along Bighorn
Road in East Vail. The Master Plan recommends separating this portion of the trail from
the road to provide a safer environment for users.
The application is due June 17, 2024. If the Town is successful in receiving a grant
award for this project, the grant program requires a minimum 20% funding match. Initial
estimates are that the design for this type of project would be approximately $200,000,
thus requiring a minimum $40,000 match from the Town. If successful it is anticipated
that this match funding would not be necessary until 2026. Once designed, additional
grant program funding could be applied for to construct the project in the future, in
hopes that the project could be complete within the next 4 to 6 years.
II.RECOMMENDATION
Staff recommends that Town Council direct staff to apply for this grant to plan and
design the separation of the Gore Valley Trail along Bighorn Road; and authorize the
Town Manager to sign the application.
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AGENDA ITEM NO. 7.2
Item Cover Page
DATE:June 4, 2024
TIME:60 min.
SUBMITTED BY:Greg Hall, Public Works
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Dobson Arena Update
SUGGESTED ACTION:Listen to presentation and provide feedback.
PRESENTER(S):Greg Hall, Director of Public Works and Transporation
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Dobson Arena Council Memo 2024-06-04
Dobson Arena Council Memo and Presentation 2024-06-04
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TO:
FROM:
DATE:
SUBJECT:
Vail Recreation District/Vail Town Council Recreation Subcommittee
June 4, 2024
Dobson Arena Remodel Project Program Options and Preferred Program
I. SUMMARY
The purpose of this item is to:
•Provide the Town Council/VRD board with an update of the program Options and
corresponding construction cost estimates generated by the project team including
the CM/GC partner Hyder/McHugh Construction as directed by the Town Council.
•Provide Town Council/VRD Board with a review of the preferred program developed
and reviewed by the Vail Recreation District/Town Council Recreation
Subcommittee.
•Review the program options, the cost estimate, and direction in preparation of
evening session of the Vail Town Council regarding providing design program and
costs as the approved project scope
•Update the Town Council on next steps regarding the project.
II. BACKGROUND
On July 18, 2023 a joint meeting of the Vail Recreation District (VRD) and Vail Town
Council, project design elements, budget and funding were discussed. The project team
and staff returned to the Vail Town Council on August 4 to address concerns as well as
provide solutions to issue brought forward.
The August 4, 2023, the Vail Town Council directed staff regarding the program elements
components of the conceptual design of the Dobson Arena Project and set an overall
project budget of $55,391,124.
August 18, 2023 the Vail Town Council awarded a design contract to Populous Architects
for the Dobson Arena Remodel project. The first phase of the design scope was to develop
the conceptual design program into a schematic design package for the project.
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October 18, 2023, the Town of Vail issued a Request for Qualifications for CM/GC services
for the Dobson Arena Remodel Project
November 17, 2023, the Town shortlisted the RFQ responders to four General
Contractors.
•Mortenson
•Hyder- McHugh
•Saunders
•GE Johnson
The design team, owners’ representative team, and staff from the Vail Recreation District
and the Town took 3 months in progressing the design as part of the schematic design
process.
On November 21, the design team presented to the Vail Recreation District/Town of Vail
Recreation subcommittee(rec subcommittee) in detail, to review progress of the schematic
design package. The rec subcommittee, which includes two Town Council members, and
two Vail Recreation Board members agreed the project was delivering on what was
approved at the conceptual level.
On December 5, 2023, the team confirmed that the schematic design was in alignment
with the goals of the design objectives outlined at conceptual level and received approval
to issue a Request for Proposal to the four shortlisted General Contractors regarding
providing CM/GC services for the Dobson Arena Remodel Project as presented in the
Schematic Design update.
On December 11, 2023, the project team released the RFP which included an
extensive schematic design package vetted over three days by the town, VRD, the
design team and the owners’ representative to the three remaining General
Contractors.
On January 30, 2024, the general contractors submitted the detailed responses to
the RFP including comprehensive schedules, staffing matrices, general and indirect
costs breakdowns, General Contractor Fees and an initial GMP budget based on the
schematic design package.
An evaluation team then rated each RFP based on criteria reviewed as agreed on
by the team. The evaluation team contained members of the design team, VRD
staff, town staff, and the owners’ representative Cumming Group.
On February 20, 2024, the three contractors then participated in 2-hour interviews
with the evaluation team and were rated on the interview portion of the process.
On March 5, 2024, the team presented the results of the competitive process of hiring a
General Contractor, Hyder/McHugh. At that time, the project budget came in significantly
over budget; $76M versus an available budget of $55,391,000. The team presented
multiple program options to Council seeking feedback on the preferred direction forward.
Council asked that this team narrow down the options to three main options, one which
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repairs and refreshes Dobson as it is today, one that provides for enhanced program that
scales up to the available budget and a confirmation of the option as designed in the
Schematic Design documents which includes a replaced and raised roof structure.
III. DOBSON ARENA REMODEL PROJECT APPROVED SCHEMATIC DESIGN
PROGRAM COMPONENTS
The program goals Dobson were established as follows:
•New roof structure/fix the roof.
•New Mechanical, Electrical and Plumbing Systems
•Six New Locker Rooms and Two official Locker Rooms to address equity issues.
•Code required restroom fixture counts to meet the capacity of the arena.
•New south entry
•New west Main entry
•New second floor lounge/concession flex space
•New skate rental shop
•New south side seating
•Completion of the concourse around the whole ice service
•New Mezzanine level to include fixed and standing room only view space.
•New west Entry
•Plaza and streetscape improvements
•Loading Dock and Storage improvements
In the end the arena and the amenities will enhance the user experiences for those who
use the arena on a daily basis to the many spectators who attend the many games,
concerts and special events held at the arena.
IV. APPROVED DOBSON ARENA REMODEL PROJECT BUDGET AND FUNDING
We are presenting three options today based on the request from Council to provide
refined options. As a reminder, the project funding sources were established and carried
over from the last Council memo and are as follows:
Project Funding Sources:
Vail Reinvestment TIF funds $ 48.8 M
VRD funding the Ice System Hard and Soft Costs $ 3.0 M
Real Estate Tax Funds over the next 5 years allocated $ 0.8 M
Reserve Funds allocated for Temp Sheet Ice $ 1.0 M
Remaining from reserves, fundraising, and loans $ 1.8 M
Initial $52 M budget funding $ 55.4 M
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2023/2024 Capital Budget (Approved) $ 5.05 M
2025 Proposed Capital Budget $ 50.35 M
Total Project Budget $ 55.40 M
Program Options Analysis:
The Program Options Analysis is summarized below, and a detailed analysis is included
as part of this memo.
We started out with the many program elements and built out (6+) options that we whittled
down to five in our last presentation to the TOV. We refined initial options further to a final
four options that we presented to the rec subcommittee. This team reviewed and vetted
these options as a team resulting in our final three options included herein:
Option A is the base option to refresh the MEP and replace the ice system. This base
option includes a refresh of the existing locker rooms with new restroom fixtures and
includes refreshed finishes in the facility as it is currently configured. This is the minimum
option that the Town asked us to develop.
Option B was developed and prepared from two different perspectives. A bottom
approach up from option A and a top down from option C. This enabled the project team to
achieve better assurances of the various program element costs for the total budget. The
goal was to maximize the program while addressing the highest priority program options.
This team also developed an alternate reinforcing strategy to resolve the roof capacity
while enabling the roof to be preserved in its current iconic form. Our final
recommendation was then vetted by the VRD and TOV to achieve final approval for the
program as presented in this memo and presentation. Some of the elements of the
program have been reduced in scope to allow us to meet the targeted budget and this will
be previewed in the presentation to Council.
Option C is the full design option that we developed which included replacing the roof
structure creating a larger volume space with more amenities. This includes all our
program elements but requires a significant investment which exceeds our current target
budget.
The table below recaps the program elements and budget as developed by the Contractor
this team.
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Option A Option B Option C
Dobson Ice & MEP / Finish Refresh
Throughout
Alternate Analysis for Max Program
Enhancement While Reinforcing Roof
Full Renovation Incl. Replacing Roof
Structure
Replace MEP Y Y Y
Replace Ice Y Y Y
Refreshed Locker Rooms Y Y Y
Expanded Locker Rooms N Y Y
Add South Seating N Y Y
South Expansion N Y - reduced Y
Lounge/Concessions N Y - reduced Y
West Expansion N Y - reduced Y
Reinforcing the Roof N Y Y
Rigging Capacity N Y Y - roof replaced
Replace Roof Structure N N Y
New Layout per SD drawings N Y - Modified Y
Full SD Interior Finishes Refresh Only Y - reduced Y
Full SD Exterior Finishes Refresh Only Y - reduced Y
Low Voltage Scope Minimal Y - reduced Y
North Restrooms N Y - Alternate Price N
Site Enhancements N Y-reduced Y
Current Budget Update
Hard Cost $25,418,043 $42,467,540 $59,204,745
Soft Cost $8,074,749 $12,482,228 $14,209,139
Total $33,492,792 $54,949,768 $73,413,884
Targeted Budget $55,391,228 $55,391,228 $55,391,228
Variance -$21,898,436 -$441,460 $18,022,656
The overall construction duration for these options is as follows:
Construction Duration 14 months 18.5 months 22 months
It should be noted that Option C, at this point, would require a 2026 start. This would
require us to mitigate an additional 8% escalation due to a later start and later procurement
of materials.
Each one of these options is the result of an in-depth cost analysis where we reviewed key
scope items and determined if the scope could be included or excluded or if we could
revise the scope and include it at a lesser value. You will find the individual recaps of
these options in the attached program cost breakdown. Additional key highlights for each
option are as follows:
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Option A – Repair and Refresh
• Refreshed locker rooms
• Refresh of Finishes
• Full Replacement of MEP
• Essentially as it Exists Today regarding Program Space
• Reinforcing is Additional: $2.4M
• Reduced Mechanical Option: ($1.08M)
• Adds an ADA elevator
• Lowest Budget
• Shortest Schedule – Spring Start – 14.5-month Project
• Lose one season of Ice Use
Option B – Recommended Program within Targeted Budget of $55.4 M
• Reinforced Roof – Keeps the Dobson Look
• Refreshed locker rooms with Expansion
• Provides Full Equitable Solution for Locker Rooms
• Expanded South Lobby & New West Entry
• Sets the Stage for the Civic Center Master Plan
• Full Replacement of MEP
• Updated Envelope will Reduce Operating Costs
• Resolves ADA Access
• Lounge, Concessions and Bathrooms are Improved
• Exterior and Interior Refreshed
• Enhanced Flexibility for Events
• Restrooms designed for Max Hockey Event
• Alternate for North Bathrooms to be Priced
Option C – Full Remodel including New Raised Roof Structure
• All In Revamp of Dobson
• New Roof Structure with New Roof
• Larger South Expansion
• Refreshed Site Hardscapes
• Refreshed locker rooms w Expansion
• New West Entry
• Full Replacement of MEP
• Larger Lounge Concessions
• Provides Mezzanine level
• Full Complement of Restrooms for Max Event
• Option C cannot start until Spring of 2026
• This option would be at risk of additional Escalation due to a 2026 Start
With regards to these options, it is important to understand that they have all been vetted
and reviewed by the VRD and TOV. Our presentation will include an overview of the
options with visuals to understand the components noted above to a greater degree.
Option B was developed by assessing the program elements, adjusting them in scope and
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size based on priority, and coming to a consensus on the program that would provide the
maximum benefit up to the target budget of $42,909,000 for construction costs. As well,
all soft costs have been adjusted to accommodate the updated programs above.
Finally, in our last session with Council, we noted key concerns as follows:
1. Not enough facilities in Vail to conduct events
2. Maintain and enhance the Core Recreation uses in Dobson
3. Restore Dobson as a destination venue while maintaining the Rec use which is core
to the community
4. Equitable facilities is important
5. The original intent was to serve the community
6. Reinforcing and rigging need to be considered
7. Provide a la carte options that the team can consider to build up from the Repair
and Refresh Option
V. NEXT STEPS
The Dobson team, upon approval of one of the program options above, will move into the
Design Development phase of the project. The team will also prepare and submit
entitlement documents to Planning and Environmental Commission (PEC) and seek
approval of the design with the Design Review Board (DRB). This process will include
continuous budget updates to ensure that we are tracking to budget or below and we
expect to come back and present updated designs to the Council, prior to PEC and DRB
submittals for progress updates and approval as needed.
The team will update the design schedule based on the final selected program. This team
has conducted a preliminary review to confirm that a final Guaranteed Maximum Price
Amendment can be executed in the first quarter of 2025 and construction can start shortly
thereafter. The Design Development phase of the project is expected to run from now
(pending approval) until October of this year. At that time, we will seek approval of the
Design Development design and its associated budget and schedule. Based on our
budget and executed agreements with consultants, the Town can expect to expend $1.45
M in the design development phase over the next 5 months.
VI. ACTION REQUESTED
•We request approval of the project program and project budget to move in to
Design Development and begin the entitlement process.
VII. ATTACHMENTS
PowerPoint Presentation
Program Options Analysis dated 5/24/24
82
Dobson - Program Options based on Contractor Feedback
Preliminary Projections
5/24/2024
Option A Option B Option C
Dobson Ice & MEP / Finish Refresh
Throughout
Alternate Analysis for Max Program
Enhancement While Reinforcing Roof
Full Renovation Incl. Replacing Roof
Structure
Replace MEP Y Y Y
Replace Ice Y Y Y
Refreshed Locker Rooms Y Y Y
Expanded Locker Rooms N Y Y
Add South Seating N Y Y
South Expansion N Y - reduced Y
Lounge/Concessions N Y - reduced Y
West Expansion N Y - reduced Y
Reinforcing the Roof N Y Y
Rigging Capacity N Y Y - roof replaced
Replace Roof Structure N N Y
New Layout per SD drawings N Y - Modified Y
Full SD Interior Finishes Refresh Only Y - reduced Y
Full SD Exterior Finishes Refresh Only Y - reduced Y
Low Voltage Scope Minimal Y - reduced Y
North Restrooms N Y - Alternate Price N
Site Enhancements N Y-reduced Y
Current Budget Update
Hard Cost $25,418,043 $42,467,540 $59,204,745
Soft Cost $8,074,749 $12,482,228 $14,209,139
Total $33,492,792 $54,949,768 $73,413,884
Targeted Budget $55,391,228 $55,391,228 $55,391,228
Variance -$21,898,436 -$441,460 $18,022,656
Previously Reported
Hard Cost $26,400,000 $42,909,000 $56,000,000
Soft Cost $7,679,760 $12,482,228 $12,880,000
Total $34,079,760 $55,391,228 $68,880,000
Variance (Previous to Now)-$586,968 -$441,460 $4,533,884
Construction Duration 14 months 18.5 months 22 months
83
Dobson - Program Options based on Contractor Feedback
Preliminary Projections
5/24/2024
Repair and Refresh
OPTION A+
Replace Dobson Ice & MEP, Refresh all
Finishes
Hyder-McHugh Hard Cost for OPTION A 24,207,660$
Cost Escalation if a spring 2025 mobilization isn't realized TBD
Locker Rooms
Locker Room Refresh, New Mech Included
Locker Room Rebuild to SD Layouts #4 Premium , incl Demo not included
Add Locker Room NE Pop-out (Requires the above to be selected as well)not included
Replace MEP, INCL Yard Addition - OPTION A Included
Replace Ice Included
Addition of Underdrainage System @ 'Path Back' Value not included
South Work in Existing Square Footage
Add South Stadia Seating not included
Concourse Level Behind Stadia not included
Add Mezzanine (Opt A), incl Elev stop N/A
Demo Event Level Offices, Reprogram, Rebuild as New not included, refresh only
Add South Bathrooms T.I. Cost - Event Level #2 N/A
Reconfigure Ice Offices/Storage not included, refresh only
South Expansion not included
Elevator 2 stops, external, Per Populous Sketch Included
West Expansion
West Entry to Rendered 'Roof to Remain' Concept (Requires Roof Reinf.)Not included
West Event Restrooms Re-Build not included, refresh only
Reinforcing the Roof not currently included
Steel Plate Reinforcing Concept
Added Rigging Capacity not included
Replace Roofing
Roofing - New on Existing Decking, Ribs at Reinforced Beams not currently included
Site Work
Dock Area Pave/Storm/Fence/Walls not included
North Side Dry Well not included
Replace Hardscapes as designed in SD
East Entry Re-pave not included
Ramp Value w/ Snowmelt (Brick Sidewalk Separate)not included
Library Work (back of curb to bldg)not included
Landscape not included, except patch @ Elev & Yard
Seating Capacity (hockey)
Seats 729
SRO Confirmed
Total Hockey Seating Confirmed
Total Concert Seating 2841*
Toilet Fixtures only existing updated
Design Contingency 1,210,383$ STATED BUDGET VARIANCE
Cost of Construction 25,418,043$ 42,909,000$ (17,490,957)$
Soft Cost 8,074,749$
Total 33,492,792$ 55,391,549$ (21,898,757)$
Scope Adjustments to Option A
Delete Mech 'Yard' and Steel Reinforcement above Lockerrooms (533,426)$
Replace Existing Rink Air Handlers Like-for-Like (538,000)$
Combine; does not fix
current Arena
Temperature and
Humidity Control
84
Dobson - Program Options based on Contractor Feedback
Preliminary Projections
5/24/2024
Toggle Option B Variant
DEDUCTS TO SCOPE
Hyder-McHugh Hard Cost - Path Back Estimate 45,256,848$
Cost Escalation if a spring 2025 mobilization isn't realized TBD
Expanded Locker Rooms Included
Locker Room Rebuild to SD Concept #4, incl Demo 1,273,133$ FALSE Included
Locker Room NE Pop-out 802,326$ FALSE Included
Replace MEP, INCL Yard Addition; Keep Boilers/Keep Arena Lighting Included
Replace Ice 3,471,325$ FALSE Included
Included
Add South Stadia Seating 942,631$ FALSE Included
Concourse Level Behind Stadia 1,721,449$ FALSE Included
South Bathrooms T.I. Cost - Event Level #2 282,001$ FALSE Included
Reconfigure Ice Offices/Storage Included
South Expansion 5,508,647$ Included
Breakout Value of Event Concessions #3 97,102$ FALSE Included
Administration TI w/ Realigned Rooms 272,054$ TRUE (272,054)$
Administration 'Wedge' (Pink Area)233,160$ TRUE (233,160)$
Elevator 2 stops, internal 264,908$ FALSE Included
Breakout Value of Mens RR #5 150,918$ FALSE Included
Breakout Value of Womens RR #6 294,523$ FALSE Included
Breakout Value of Upper Concessions #7 147,753$ FALSE Included
Lounge/Pre-Function Included
West Expansion Y - reduced
West Entry to Rendered 'Roof to Remain' Concept 612,030$ FALSE Included
West Event Restrooms Layout T.I. Cost #1 462,508$ FALSE (200,000)$
NW Lid- Keep Existing Mech Room Lid intact at Current Elevation TBD
East Entry storefront - Keep as-is Included
Reinforcing the Roof Incl Below
Steel Plate Reinforcing Concept 2,100,000$ 2,100,000$
Rigging Capacity
Additional Capacity placed into Roof Reinforcement ROM 120,000$
Replace Roofing
Roofing - New on New Nailbase TRUE Included
Reduction of South Addition (or other areas) Required
Reduced South Addition SF and Program -2,000 sf (2,000,000)$ TRUE (2,000,000)$
Monumental Stair Simplification (35,000)$ TRUE (35,000)$
Remove Admin TI, Space to Remain As-is see above
Remove Admin 'Wedge' Structure and TI see above
Add for North Addition Restrooms 1,076,000$ FALSE -$
Site Work Included
Valuation : Hardscapes as designed in Option C 1,833,306$
East Entry Re-pave, incl Snowmelt 106,465$ TRUE (106,465)$
Ramp Value w/ Snowmelt (Brick Sidewalk Separate)584,824$ TRUE (584,824)$
Library Work (back of curb to bldg)201,766$ TRUE (201,766)$
South Entry & Paver Ramp Sidewalk Reduction & Simplification 311,900$ TRUE (311,900)$
Dock Area Pave/Storm/Fence/Walls 160,500$ TRUE (160,500)$
Valuation : Softscapes, Furnishings, and Planting as designed (Mtg adjust)232,487$ (25,000)$
Valuation : NW San and Water Realignment, Storm Utilities, Elec Lighting (driven by Hardscapes above)691,089$ (391,089)$
North Side Dry Well 106,021$ FALSE -$
Removal of Underdrainage System @ 'Path Back' Value 487,550$ TRUE (487,550)$
Seating Capacity (hockey)
Seats
SRO
Total Hockey Seating
Total Concert Seating
Toilet Fixtures
Design Contingency STATED BUDGET Option C Variance
Cost of Construction 42,467,540$ 42,909,000$ (441,460)$
Soft Cost 12,482,228$
Total 54,949,768$ 55,391,228$ (441,460)$
85
Dobson - Program Options based on Contractor Feedback
Preliminary Projections
5/24/2024
SD w/ VE and Reconcile
Toggle CMGI Option C
Full Renovation Incl. Replacing Roof
Structure
Hyder-McHugh Hard Cost - Full SD Build 59,204,745$ 57,545,186.0$
Cost Escalation if a spring 2025 mobilization isn't realized TBD
Expanded Locker Rooms Included
Locker Room Rebuild to SD Concept #4, incl Demo 1,273,133$ Included
Locker Room NE Pop-out 802,326$ Included
Replace MEP, INCL Yard Addition Included
Replace Ice 3,471,325$ Included
Included
Add South Stadia Seating 942,631$ Included
Concourse Level Behind Stadia 1,721,449$ Included
Mezzanine, incl Elev stop 968,982$ Included
Under Concourse Included
Add South Bathrooms T.I. Cost - Event Level #2 282,001$ Included
Reconfigure Ice Offices/Storage Included
South Expansion 5,508,647$ Included
Breakout Value of Event Concessions #3 130,102$ Included
Administration TI w/ Realigned Rooms 272,054$ Included
Administration 'Wedge' (Pink Area)233,160$ Included
Elevator 3 stops, internal 264,908$ Included
Breakout Value of Monumental Stair 119,290$ Included
Breakout Value of Mens RR #5 185,918$ Included
Breakout Value of Womens RR #6 344,523$ Included
Breakout Value of Upper Concessions #7 191,753$ Included
Lounge/Pre-Function Included
West Expansion Included
West Entry to Rendered 'Roof to Remain' Concept 612,030$ Included
West Entry to SD Roofline Concept Premium 359,220$ Included
West Event Level Restrooms Full Build Cost #1 462,508$ Included
Replace Entire Roof Structure Included
Wood Elements Included at Roof (Cladding, wraps, applique)3,068,539$ FALSE -$
Rigging Capacity Included
Replace Roofing Included
Roofing - New on New Nailbase Included
Site Work Included
Dock Area Pave/Storm/Fence/Walls 144,170$ Included
North Side Dry Well 106,021$ Included
Replace Hardscapes as designed in SD Included
East Entry Re-pave 106,465$ Included
Ramp Value w/ Snowmelt (Brick Sidewalk Separate)584,824$ Included
Library Work (back of curb to bldg)201,766$ Included
Landscape (softscapes), all sides of the Building 230,912$ Included
Seating Capacity (hockey)
Seats 1096
SRO 400
Total Hockey Seating 1496
Total Concert Seating 2896
Toilet Fixtures 57
Design Contingency NIC, By Owner STATED BUDGET VARIANCE
Cost of Construction 59,204,745$ 42,909,000$ 16,295,745$
Soft Cost 14,209,139$
Total 73,413,884$ 55,391,549$ 18,022,335$
86
Dobson Arena Renovation – Program Update
| Vail Town Council June 4th, 2024
87
Dobson Arena Update – June 4, 2024
2
Agenda:
•Recap Results of Program Analysis and Costs
•Make recommendation to Town Council on Preferred Option
•Seek approval from Town Council to move to Design Development
Dobson Arena Update – June 4, 2024
88
2
P
•Contract Reconciliation with Top Ranked GC
•Finalization of reconciled project budget and scope for base program as the basis of the initial budget
•Refinement of program options and cost to build out three major project options
OUR ‘NEXT STEPS’ FROM THE LAST COUNCIL PRESENTATION:
Dobson Arena Update – June 4, 2024
89
2
Results of our Recent Work:
•The Team of Vail Rec District, TOV, Populous, HyderMcHugh and Cumming have vetted
Multiple Program Options
•We landed on three major options tailored to your request – started with 6 options
•Program has been revised and scope has been reduced to meet budget
•Our contingency is at the expected level relative to development of design
•The budget has been sliced, diced and picked apart
•We continue to develop alternates so that we may maximize program if costs improve
Dobson Arena Update – June 4, 2024
90
2
Dobson Arena Update – June 4, 2024
Let’s Recap the Major Options
Option A Option B Option C
Dobson Ice & MEP / Finish Refresh
Throughout
Alternate Analysis for Max Program
Enhancement While Reinforcing Roof
Full Renovation Incl. Replacing Roof
Structure
Replace MEP Y Y Y
Replace Ice Y Y Y
Refreshed Locker Rooms Y Y Y
Expanded Locker Rooms N Y Y
Add South Seating N Y Y
South Expansion N Y - reduced Y
Lounge/Concessions N Y - reduced Y
West Expansion N Y - reduced Y
Reinforcing the Roof N Y Y
Rigging Capacity N Y Y - roof replaced
Replace Roof Structure N N Y
New Layout per SD drawings N Y - Modified Y
Full SD Interior Finishes Refresh Only Y - reduced Y
Full SD Exterior Finishes Refresh Only Y - reduced Y
Low Voltage Scope Minimal Y - reduced Y
North Restrooms N Y - Alternate Price N
Site Enhancements N Y-reduced Y
91
2
Dobson Arena Update – June 4, 2024
Option A Option B Option C
Dobson Ice & MEP / Finish Refresh
Throughout
Alternate Analysis for Max Program
Enhancement While Reinforcing Roof
Full Renovation Incl. Replacing Roof
Structure
Current Budget Update
Hard Cost $25,418,043 $42,467,540 $59,204,745
Soft Cost $8,074,749 $12,482,228 $14,209,139
Total $33,492,792 $54,949,768 $73,413,884
Targeted Budget $55,391,228 $55,391,228 $55,391,228
Variance -$21,898,436 -$441,460 $18,022,656
The Budget for Each Major Option
How we compare to Budget.
Any savings that we have
identified on Option B are
being allocated to contingency
with a goal of adding restroom
fixtures and office space
92
2
Dobson Arena Update – June 4, 2024
Construction Duration 14 months 18.5 months 22 months
Option A Option B Option C
Dobson Ice & MEP / Finish Refresh
Throughout
Alternate Analysis for Max Program
Enhancement While Reinforcing Roof
Full Renovation Incl. Replacing Roof
Structure
The Schedule for Each Major Option
•Lose one ice season •Lose one ice season •Lose two ice seasons
•Spring of ‘26 start
•8% escalation is a
real risk
93
2
Dobson Arena Update – June 4, 2024
•Refreshed locker rooms
•Refresh of Finishes
•Full Replacement of MEP
•Essentially as it Exists Today regarding program space
•Reinforcing Roof is an Additional: $2.4M
•Reduced HVAC Mechanical Option: ($1.08M)
•Adds an ADA elevator
•Lowest Budget
•Shortest Schedule – Spring Start – 14.5 month project
•Lose one season of ice use
Option A – Repair and Refresh
Let’s Review the Options:
94
2
Dobson Arena Update – June 4, 2024
Add Image of existing facility as
is
95
2
Dobson Arena Update – June 4, 2024
•Reinforced Roof – Keeps the Dobson Look
•Refreshed locker rooms with Expansion
•Provides Full Equitable Solution for Locker Rooms
•Expanded South Lobby & New West Entry
•Sets the Stage for the Civic Center Master Plan
•Full Replacement of MEP
•Updated Envelope will Reduce Operating Costs
•Resolves ADA Access
•Lounge, Concessions and Bathrooms are Improved
•Exterior and Interior Refreshed
•Enhanced Flexibility for Events
•Restrooms designed for Max Hockey Event
•Alternate for North Bathrooms to be Priced
Option B – Recommended Program within Targeted Budget of $55.4M
96
2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
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2
Dobson Arena Update – June 4, 2024
•All In Revamp of Dobson
•New Roof Structure with New Roof
•Larger South Expansion
•Refreshed Site Hardscapes
•Refreshed locker rooms w Expansion
•New West Entry
•Full Replacement of MEP
•Larger Lounge Concessions
•Full Complement of Restrooms for Max
Event
•Provides Mezzanine level
•Option C cannot start until Spring of 2026
Option C – Full Remodel including New Raised Roof
Structure
GH0
112
2
Recommendations:
•Option C is not viable without substantial additional funds
•Option A resolves our ice and mechanical/electrical issues but falls short of the vision
•Option B restores and enhances Dobson as Vail’s key Recreation and Events venue for
the next 40 years
We are seeking permission to take the following next steps:
•Finalize the Program Option Choice with your Approval
•Move to Design Development Phase
•Start the PEC and DRB entitlement Process
•Meet Again with the Building and Fire to Confirm Progress
•Start the Preconstruction Process in Earnest and Conduct Additional Investigations to
Refine Design, Budget and Schedule
Dobson Arena Update – June 4, 2024
113
Aug. 25 – Sep.
27, 2023
Reconciliation with Top Ranked
Firm
Feb 7. – July 16,
2024
Design Development Phase
Start is on hold until program
is verified and approved by
TOV
Mar. 20, 2024
Tentative Contractor Start
June 4, 2024
Town Council Approval of
Program Option and move to
DD’s
July 2024
Town Council 50%
DD/Entitlement Authorization
to Seek PEC/DRB Approval
October 2024
Town Council Approval of DD
Price and Design; Permission to
move to CD’s
November 2024
to January 2025
Targeted Construction
Documents phase
March 2025
Town Council Approval of Final
GMP & Approval to Award
March 2025 to
Fall 2026
Target Construction Phase with
Early Demo Permit
Project Milestones
Dobson Arena Update – June 4, 2024
GH0
GH1
114
2
Thank You
- Questions -
Dobson Arena Update – June 4, 2024
115
AGENDA ITEM NO. 7.3
Item Cover Page
DATE:June 4, 2024
TIME:20 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 06, Series of 2024, First Reading, an Ordinance
Amending Title 12 and Title 14 of the Vail Town Code to Rename
the Current Housing -1 and Housing-2 Zone Districts and to
Establish a New Community Housing Zone District and
Amending the Town's Zoning Map Accordingly
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 06,
Series of 2024 upon first reading.
PRESENTER(S):Greg Roy, Planning Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Staff Memorandum Ord. No. 6 of 2024
Attachment A. Community Housing Zone Districts Presentation
Attachment B. Ordinance No. 06 Series of 2024
Attachment C. PEC24-0014 Memo 5-13-24
Attachment D. PEC Results 5-13-24
Attachment E. Public Comment - Ordinance No. 6
116
TO: Town Council
FROM: Community Development Department
DATE: June 4, 2024
SUBJECT: First reading of Ordinance No. 6, Series of 2024, an ordinance amending Title 12
and Title 14 of the Vail Town Code to rename the current Housing and Housing-2
Zone Districts and to establish a new Community Housing Zone District and
amending the Town’s Zoning Map accordingly.
Applicant: Town of Vail and Vail Local Housing Authority, represented by Dominic
Mauriello of Mauriello Planning Group
Planner: Greg Roy, Planning Manager
I. SUMMARY
The applicant, Town of Vail and the Vail Local Housing Authority, represented by Dominic
Mauriello of Mauriello Planning Group, is proposing to amend Title 12 and Title 14. This
update is recommended by the Vail Local Housing Authority and is intended to provide
an additional housing district with an intermediary height. The amendment will change the
names of the housing districts from Housing to Community Housing and add a third district
with a maximum height limit between the two existing height limits
On May 13, 2024, the Planning and Environmental Commission (PEC) voted 5-0 to
recommend approval of the proposed amendments (PEC24-0014).
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance No.
6, Series of 2024 on first reading.
III. DESCRIPTION OF REQUEST
The proposed Prescribed Regulation Amendment will amend Title 12 and Title 14 of the
Vail Town Code to rename the current Housing and Housing -2 Districts and to establish
a new Community Housing zone district. Please see the attached documents for review.
117
Town of Vail Page 2
A. Ordinance No. 6, Series of 2024
B. PEC24-0014 Staff Report 5-13-24
C. PEC Results 5-13-24
IV. BACKGROUND
The Housing (H) District was created with Ordinance No. 3, Series of 2001. It was later
amended that same year with Ordinance No. 19, Series of 2001, which included
grammatical corrections and references to other sections of Town Code. With Ordinance
No. 29, Series of 2005, additional grammatical corrections were made as well as changes
to permitted and accessory uses. Bicycle and Pedestrian paths were added to the
permitted uses and Child Daycare Facilities were added as an accessory use.
Resolution No. 30, Series of 2018 adopted the Vail Housing Policy Statements. These
policies encourage the development of housing in the Town of Vail. In accordance with
those statements, the Vail Local Housing Authority (VLHA), Town staff, and Mauriello
Planning Group have worked on a code amendment for the Housing (H) Zone District in
an effort to encourage more private development in the Town. This is proposed by
amending the district’s open standards that are set by the PEC and providing a set of
standards that would produce an orderly development in any lot zoned Housing.
The Planning and Environmental Commission reviewed a similar proposal in September,
where a recommendation of approval was forwarded to Town Council. Town Council
considered the code amendment in the form of Ordinance No. 23, Series of 2023 but a
motion to approve on first reading failed with a vote of 3-3. There was no follow-up motion
and the item did not move forward.
In December of 2023 the PEC forwarded a recommendation to adopt language that
included the addition of the Housing Two (H-2) District. That district is the same as the
Housing (H) District with the exception of the maximum height. While the H District has a
maximum height of 70 feet for a flat roof and 82.5 feet for a sloping roof, the H-2 district
has a maximum height of 35 feet for a flat roof and 43 feet for a sloping roof. The purpose
of the H-2 district was to allow the development of housing in areas where reduced
heights would be more appropriate.
The proposal that is the subject of this report is to add to this previous work and create
another district that has an in-between height limit with a 45 foot limit for flat roofs and 53
foot limit for sloped roofs. This allows for more options for potential properties that may
desire more height than the current H-2 district, but where the limits of the H-1 are too tall.
A second part of the proposal would change the start of the name of the Housing districts
to “Community Housing”. The names would also be amended so that the number “1”
district would be the shortest, progressing up to number “3” which would be the tallest.
“Housing” to “Community Housing-3” – 82.5’ limit (sloped)
New “Community Housing-2” – 53’ limit (sloped)
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Town of Vail Page 3
“Housing-2” to “Community Housing-1” – 43’ limit (sloped)
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 6, Series of 2024, on
first reading, staff recommends the Council pass the following motion:
“The Vail Town Council approves, on first reading, Ordinance No. 6, Series
of 2024, an ordinance amending Title 12 and Title 14 of the Vail Town Code
to rename the current Housing and Housing-2 Zone Districts and to
establish a new Community Housing Zone District and amending the
Town’s Zoning Map accordingly.”
Should the Vail Town Council choose to approve Ordinance No. 6 Series of 2024, staff
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. Proposed Ordinance No. 6, Series of 2024
B. PEC24-0014 Staff Report 5-13-24
C. PEC Results 5-13-24
119
COMMUNITY HOUSING
ZONE DISTRICTS
PART 2 OF REVISIONS TO CREATE EFFICIENCY, REDUCE
RISK AND COST WITHOUT COMPROMISING SAFETY AND
DESIGN QUALITY
Vail Town Council: June 4, 2024
120
Background
•On January 2, 2024, the Town Council adopted Ordinance
29, Series of 2023
•Amendments to the Housing Zone District
•New Housing Two Zone District
•H-2 generally the same as H, but with lower heights
•35 ft. for flat roof, 43 ft. for sloping
121
Background
•During the review of the amendments to H and the new H-2,
PEC and TC provided direction for other future amendments
•Idea of an intermediary H district with heights in between
the other H districts
•Idea of renaming the “Housing” districts to “Community
Housing” districts
•We are here to implement these ideas and other necessary
related clean up items
122
Planning & Environmental Commission
•Reviewed by the PEC on May 13, 2024
•PEC voted 5-0 to recommend approval of the proposed
amendments
123
Summary of Proposed Amendments
124
Change from Housing to Community Housing
•Amending “Housing” to “Community Housing”
•Simple idea but lots of edits to the Vail Town Code
•Worked to ensure that we caught previous references to H
zone district
•Verified that we picked up any new references to H-2
125
Adopted New Community Housing District
•Made most sense to have the CH zone districts in order of
lowest to tallest height
•Shifted the original H zone to CH-3
•Changed new H-2 zone to CH-1
•Created a new CH-2 zone to fall between
126
Heights in the CH Zone Districts
Ma
x
H
e
i
g
h
t
A
l
l
o
w
e
d
0
22.5
45
67.5
90
Zone District
CH-1 CH-2 CH-3
82.5
53
43
70
45
35
Flat Roof Sloping Roof
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Comparison of CH Zone Districts
Permitted
Uses
Commercial
Uses
Free-Market
DU Setbacks Site Coverage Landscape
Area Lot Area Height Density GRFA Parking
CH-
1
EHUs,
Public uses Not Allowed
Accessory use
<30% of
GRFA
Front: 20’
Side/Rear: 15’
55% up to 65%
with enclosed
parking
25%10,000 sf 35’ flat
43’ sloping NA NA
1.05 per unit
or Mobility
Plan
CH-
2
EHUs,
Public uses
Conditional
Use Permit
Accessory use
<30% of
GRFA
Front: 20’
Side/Rear: 15’
55% up to 65%
with enclosed
parking
25%10,000 sf 45’ flat
53’ sloping NA NA
1.05 per unit
or Mobility
Plan
CH-
3
EHUs,
Public uses
Conditional
Use Permit
Accessory use
<30% of
GRFA
Front: 20’
Side/Rear: 15’
55% up to 65%
with enclosed
parking
25%10,000 sf 70’ flat
82.5’ sloping NA NA
1.05 per unit
or Mobility
Plan
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Amendments for Slopes and Retaining Walls
•Section 12-21-10:
•Allowing development within all CH Zone Districts on properties
with slopes in excess of 40% (was previously approved for H/
H-2)
•Sections 14-6-7 and 14-10-9:
•Allowing for retaining wall heights up to 15 ft within all CH Zone
Districts (was previously approved for H/H-2)
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Amendments to Type VI EHUs
•Modified Chapter 12-13: Employee Housing:
•Updates to the table to reflect the development standards and
requirements for Type VI EHUs
•Other clarifications to reflect the new zone districts and current
practices
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Additional Amendments
•Section 12-4-1 to update the list of zone districts
•Section 12-15-2 to update GRFA allowance table
•Section 12-15-3 to add CH zone districts to how you calculate GRFA (only
necessary if proposing free-market units)
•Section 12-16-7.D.15 to delete special criteria for offices in the H zone district
•Chapter 14-8 to eliminate table summarizing development standards that is
repetitive of other code sections and causes confusion
•Updates Zoning Map so that the H zone district is renamed CH-3 zone district
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What the amendments don’t do:
•Modify or impact the current development rights of any property
within the Housing zone district
•Rezone any properties to CH-1 or CH-2
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What the amendments don’t do:
•Modify or impact the current development rights of any property
within the Housing zone district
•Rezone any properties to CH-1 or CH-2
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Staff’s recommended motion and findings:
•“The Vail Town Council approves, on first reading, Ordinance No. 6, Series of 2024, an
ordinance amending Title 12 and Title 14 of the Vail Town Code to rename the current
Housing and Housing-2 Zone Districts and to establish a new Community Housing Zone
District and amending the Town’s Zoning Map accordingly.”
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.
With the following findings:
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ORDINANCE NO. 06
SERIES OF 2024
AN ORDINANCE AMENDING TITLE 12 AND TITLE 14 OF THE VAIL
TOWN CODE TO RENAME THE CURRENT HOUSING AND HOUSING-2
ZONE DISTRICTS AND TO ESTABLISH A NEW COMMUNITY HOUSING
ZONE DISTRICT AND AMENDING THE TOWN'S ZONING MAP
ACCORDINGLY
WHEREAS, the Town's economy is largely tourist based and the health of its
economy is premised on exemplary service for the Town's guests, and the Town's ability
to provide such service is dependent upon a strong, high quality and consistently
available work force;
WHEREAS, to achieve such a work force, the Town desires to promote community
housing options available to the workforce of the Town; and
WHEREAS, the Town desires to add a new community housing district and
rename the two current housing districts to further achieve this goal.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-4-1 of the Vail Town Code is hereby amended as follows:
§ 12-4-1. DESIGNATED.
The following zone districts are established:
(A)Hillside Residential (HR) District;
(B)Single-Family Residential (SFR) District;
(C)Two-Family Residential (R) District;
(D)Two-Family Primary/Secondary Residential (PS) District;
(E)Residential Cluster (RC) District;
(F)Low Density Multiple-Family (LDMF) District;
(G)Medium Density Multiple-Family (MDMF) District;
(H)High Density Multiple-Family (HDMF) District;
(I)West Vail Multi-Family (WVMF) Overlay District;
(I)Housing (H) District;
(J)Community Housing–1 (CH-1) District;
(K)Community Housing–2 (CH-2) District;
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(L) Community Housing–3 (CH-3) District;
(M) Vail Village Townhouse (VVT) District;
(K)(N) Public Accommodation (PA) District;
(L)(O) Commercial Core 1 (CC1) District;
(M)(P) Commercial Core 2 (CC2) District;
(N)(Q) Commercial Core 3 (CC3) District;
(O)(R) Commercial Service Center (CSC) District;
(P)(S) Arterial Business (ABD) District;
(Q)(T) Heavy Service (HS) District;
(R)(U) Lionshead Mixed Use 1 (LMU-1) District;
(S)(V) Lionshead Mixed Use 2 (LMU-2) District;
(T)(W) Public Accommodation-2 (PA-2) District;
(U)(X) Agricultural and Open Space (A) District;
(V)(Y) Outdoor Recreation (OR) District;
(W)(Z) Natural Area Preservation (NAP) District;
(X)(AA) Ski Base/Recreation (SBR) District;
(Y)(BB) Ski Base/Recreation 2 (SBR2) District;
(Z)(CC) Special Development (SDD) District;
(AA)(DD) Parking (P) District; and
(BB)(EE) General Use (GU) District.
Section 2. Article 6I of Title 12 of the Vail Town Code is hereby repealed in its
entirety.
Section 3. Article 6L of Title 12 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
ARTICLE 12-6L. COMMUNITY HOUSING-1 (CH-1) DISTRICT.
§ 12-6L-1. PURPOSE.
The Community Housing-1 (CH-1) District is intended to provide adequate
sites for employee housing which, because of the nature and characteristics
of employee housing, cannot be adequately regulated by the development
standards prescribed for other residential zone districts. This zone district
allows flexibility to provide for the critical need for housing to serve local
citizens and businesses, and to provide for the public welfare. The CH-1
District is intended to ensure that employee housing is appropriately located
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and designed to meet the needs of residents of the Town , to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses.
§ 12-6L-2. PERMITTED USES.
The following uses are permitted in the CH-1 District:
(A) Bicycle and pedestrian paths;
(B) Wireless communications facilities;
(C) Employee housing units;
(D) Passive outdoor recreation areas and open space;
(E) Public buildings, grounds and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and
appurtenant equipment.
§ 12-6L-3. CONDITIONAL USES.
The following conditional uses are permitted in the CH-1 District, subject to
issuance of a conditional use permit: public and private schools.
§ 12-6L-4. ACCESSORY USES.
The following accessory uses are permitted in the CH-1 District:
(A) Home occupations, subject to issuance of a home occupation;
(B) Childcare facilities;
(C) Private greenhouses, toolsheds, playhouses, attached garages or
carports, swimming pools or recreation facilities customarily incidental to
permitted residential uses;
(D) Dwelling units other than employee housing units, if:
(1) Such dwelling units are created solely for the purpose of
subsidizing employee housing on the property;
(2) Such dwelling units are not the primary use of the property;
(3) The GRFA for such dwelling units does not exceed thirty
percent (30%) of the total GRFA constructed on the property;
(4) Such dwelling units are only created in conjunction with
employee housing; and
(5) Such dwelling units are compatible with the proposed uses
and buildings on the site and are compatible with buildings and uses
on adjacent properties.
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(E) Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
§ 12-6L-5. SETBACKS.
The minimum front setback shall be twenty (20) feet, the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6L-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
enclosed, site coverage may be increased to sixty-five percent (65%).
§ 12-6L-7. LANDSCAPING AND SITE DEVELOPMENT.
At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6L-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6L-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed thirty-
five (35) feet. For a sloping roof, the height of buildings shall not exceed
forty-three (43) feet.
§ 12-6L-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6L-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6L-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit. Applications shall include: number and layout of
parking spaces being provided onsite; details of any offsite parking being
provided; details of bicycle parking provided onsite; and provisions for guest
parking and assigned parking spaces.
§ 12-6L-13. MOBILITY.
(A) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(B) Mobility Management Plan. The Mobility Management Plan shall
include:
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(1) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact spaces,
if proposed;
(2) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(3) A professionally produced parking study, unless a
determination is made by the Administrator that such study is
unnecessary due to the scale and character of the proposal;
(4) Existence of any bike or vehicle share/shuttle program;
(5) Covered/protected/secured bike parking/storage;
(6) Provisions for guest parking and management;
(7) Provisions for seasonal variations; and
(8) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(C) Review criteria. To be approved, a Mobility Management Plan shall:
(1) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(a) Hierarchy of bus routes (regional vs. local);
(b) Proximity to job centers; and
(c) Proximity to commercial areas.
(2) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs.
(D) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(1) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
(2) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(3) Personal vehicles shall not be parked in the public right-of-
way.
(4) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved site plan.
(5) At no time shall parking extend into required drive aisles.
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(6) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(7) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(E) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(1) Number of occupied units and number of residents per unit;
(2) Usage of mobility services;
(3) Results of surveys of residents concerning parking;
(4) Reports of any code enforcement/fire/parking complaints; and
(5) A parking utilization study during summer and winter.
(F) Amendments. Amendments to an approved Mobility Management
Plan shall be submitted to the Planning and Environmental Commission
Meeting for approval at a public hearing in accordance with § 12-3-6.
Section 4. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by
the addition of a new Article 12-6M to read as follows:
ARTICLE 6M. COMMUNITY HOUSING-2 (CH-2) DISTRICT.
§ 12-6M-1. PURPOSE.
The CH-2 District is intended to provide adequate sites for employee
housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
prescribed for other residential zone districts. The CH-2 District provides
flexibility to provide for the critical need for housing to serve local citizens
and businesses, and to provide for the public welfare. The CH-2 District is
intended to ensure that employee housing is appropriately located and
designed to meet the needs of Town residents, to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses. The CH-2 District is
intended to apply to properties located in areas developed with low- to
medium-density residential uses.
§ 12-6M-2. PERMITTED USES.
The following uses are permitted in the CH-2 District:
(A) Bicycle and pedestrian paths;
(B) Wireless communication facilities;
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(C) Employee housing units;
(D) Passive outdoor recreation areas, and open space;
(E) Public buildings, grounds, and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and appurtenant
equipment.
§ 12-6M-3. CONDITIONAL USES.
The following conditional uses are permitted in the CH-2 District, subject to
issuance of a conditional use permit:
(A) Public and private schools; and
(B) Commercial uses which are secondary and incidental to the use of
employee housing and specifically serving the needs of the residents of the
development, and developed in conjunction with employee housing, in
which case the following uses may be allowed subject to a conditional use
permit:
(1) Automated teller machines;
(2) Banks and financial institutions;
(3) Business offices and professional offices;
(4) Eating and drinking establishments;
(5) Funiculars and other similar conveyances;
(6) Health clubs;
(7) Personal services, including without limitation laundromats,
beauty and barber shops, tailor shops and similar services; and
(8) Retail stores and establishments.
§ 12-6M-4. ACCESSORY USES.
The following accessory uses are permitted in the CH-2 District:
(A) Home occupations, subject to issuance of a home occupation permit;
(B) Private greenhouses, toolsheds, playhouses, attached garages or
carports, swimming pools or recreation facilities customarily incidental to
permitted residential uses;
(C) Childcare facilities;
(D) Dwelling units other than employee housing units if such dwelling
units:
(1) Are created solely for the purpose of subsidizing employee
housing on the property;
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(2) Are not the primary use of the property;
(3) Do not exceed thirty percent (30%) of the total GRFA
constructed on the property; and
(4) Are compatible with the proposed uses and buildings on the
site and are compatible with buildings and uses on adjacent
properties.
(E) Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
§ 12-6M-5. SETBACKS.
The minimum front setback shall be twenty (20) feet , the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6M-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
underground or enclosed, site coverage may be increased to sixty -five
percent (65%).
§ 12-6M-7. LANDSCAPING AND SITE DEVELOPMENT.
At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6M-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6M-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed forty-
five (45) feet. For a sloping roof, the height of buildings shall not exceed
fifty-three (53) feet.
§ 12-6M-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6M-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6M-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit or employee housing unit, which represents all
parking, including visitor parking. Applications shall include the number and
layout of onsite parking spaces; details of any offsite parking being
provided; onsite bicycle parking; provisions for guest parking; and assigned
parking spaces.
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§ 12-6M-13. MOBILITY.
(A) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(B) Mobility Management Plan. The Mobility Management Plan shall
include:
(1) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact
spaces, if proposed;
(2) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(3) A professionally produced parking study, unless a
determination is made by the Administrator that such study is
unnecessary due to the scale and character of the proposal;
(4) Existence of any bike or vehicle share/shuttle program;
(5) Covered/protected/secured bike parking/storage;
(6) Provisions for guest parking and management;
(7) Provisions for seasonal variations; and
(8) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(C) Review criteria. To be approved, a Mobility Management Plan shall:
(1) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(a) Hierarchy of bus routes (regional vs. local);
(b) Proximity to job centers; and
(c) Proximity to commercial area.
(2) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs.
(D) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(1) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
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(2) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(3) Personal vehicles shall not be parked in the public right-of-
way.
(4) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved development plan.
(5) At no time shall parking extend into required drive aisles.
(6) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(7) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(E) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(1) Number of occupied units and number of residents per unit;
(2) Usage of mobility services;
(3) Results of survey of residents concerning parking;
(4) Reports of any code enforcement complaints; and
(5) A parking utilization study during summer and winter.
(F) Amendments. Amendments to an approved Mobility Management
Plan shall be submitted to the Planning and Environmental Commission
Meeting for approval at a public hearing in accordance with § 12-3-6.
§ 12-6M-14. LOCATION OF BUSINESS ACTIVITY.
(A) Limitation. All conditional uses shall be operated and conducted
entirely within a building, except for permitted loading areas and such
activities as specifically authorized to be unenclosed by a conditional use
permit, and the outdoor display of goods.
(B) Outdoor display areas. The area to be used for outdoor display shall
be located directly in front of the establishment displaying the goods and
entirely upon the establishment's own property. Sidewalks, building
entrances and exits, driveways and streets shall not be obstructed by
outdoor display.
Section 5. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by
the addition of a new Article 12-6N to read as follows:
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ARTICLE 6N. COMMUNITY HOUSING-3 (CH-3) DISTRICT.
§ 12-6N-1. PURPOSE.
The CH-3 District is intended to provide adequate sites for employee
housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
prescribed for other residential zone districts. The CH-3 District provides
flexibility to provide for the critical need for housing to serve local citizens
and businesses, and to provide for the public welfare. The CH-3 District is
intended to ensure that employee housing is appropriately located and
designed to meet the needs of Town residents, to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses. The CH-3 District is
intended to apply to properties located in high-density residential or mixed-
use areas.
§ 12-6N-2. PERMITTED USES.
The following uses are permitted in the CH-3 District:
(A) Bicycle and pedestrian paths;
(B) Wireless communication facilities;
(C) Employee housing units;
(D) Passive outdoor recreation areas, and open space;
(E) Public buildings, grounds and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and
appurtenant equipment.
§ 12-6N-3. CONDITIONAL USES.
The following conditional uses are permitted in the CH-3 District, subject to
issuance of a conditional use permit:
(A) Public and private schools; and
(B) Commercial uses which are secondary and incidental to the use of
employee housing and specifically serving the needs of the residents of the
development, and developed in conjunction with employee housing, in
which case the following uses may be allowed subject to a conditional use
permit:
(1) Automated teller machines;
(2) Banks and financial institutions;
(3) Business offices and professional offices;
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(4) Eating and drinking establishments;
(5) Funiculars and other similar conveyances;
(6) Health clubs;
(7) Personal services, including without limitation laundromats,
beauty and barber shops, tailor shops and similar services; and
(8) Retail stores and establishments.
§ 12-6N-4. ACCESSORY USES.
The following accessory uses are permitted in the CH-3 District:
(A) Home occupations, subject to issuance of a home occupation permit;
(B) Private greenhouses, toolsheds, playhouses, attached garages or
carports, swimming pools or recreation facilities customarily incidental to
permitted residential uses;
(C) Childcare facilities;
(D) Dwelling units other than employee housing units, if such dwelling
units:
(1) Are created solely for the purpose of subsidizing employee
housing on the property;
(2) Are not the primary use of the property;
(3) Do not exceed thirty percent (30%) of the total GRFA
constructed on the property; and
(4) Are compatible with the proposed uses and buildings on the
site and are compatible with buildings and uses on adjacent
properties; and
(E) Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
§ 12-6N-5. SETBACKS.
The minimum front setback shall be twenty (20) feet , the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6N-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
underground or enclosed, site coverage may be increased to sixty -five
percent (65%).
§ 12-6N-7. LANDSCAPING AND SITE DEVELOPMENT.
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At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6N-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6N-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed
seventy (70) feet. For a sloping roof, the height of buildings shall not exceed
eighty-two and a half (82.5) feet.
§ 12-6N-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6N-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6N-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit or employee housing unit, which represents all
parking, including visitor parking. Applications shall include number and
layout of onsite parking spaces; details of any offsite parking being
provided; onsite bicycle parking; provisions for guest parking; and assigned
parking spaces.
§ 12-6N-13. MOBILITY.
(A) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(B) Mobility Management Plan. The Mobility Management Plan shall
include:
(1) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact
spaces, if proposed;
(2) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(3) A professionally produced parking study, unless a
determination is made by the Administrator that such study is
unnecessary due to the scale and character of the proposal;
(4) Existence of any bike or vehicle share/shuttle program;
(5) Covered/protected/secured bike parking/storage;
(6) Provisions for guest parking and management;
(7) Provisions for seasonal variations; and
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(8) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(C) Review criteria. To be approved, a Mobility Management Plan shall:
(1) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(a) Hierarchy of bus routes (regional vs. local);
(b) Proximity to job centers; and
(c) Proximity to commercial area.
(2) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs.
(D) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(1) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
(2) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(3) Personal vehicles shall not be parked in the public right-of-
way.
(4) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved development plan.
(5) At no time shall parking extend into required drive aisles.
(6) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(7) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(E) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(1) Number of occupied units and number of residents per unit;
(2) Usage of mobility services;
(3) Results of survey of residents concerning parking;
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(4) Reports of any code enforcement complaints; and
(5) A parking utilization study during summer and winter.
(F) Amendments. Amendments to an approved Mobility Management
Plan shall be submitted to the Planning and Environmental Commission
Meeting for approval at a public hearing in accordance with § 12-3-6.
§ 12-6N-14. LOCATION OF BUSINESS ACTIVITY.
(A) Limitation. All conditional uses shall be operated and conducted
entirely within a building, except for permitted loading areas and such
activities as specifically authorized to be unenclosed by a conditional use
permit, and the outdoor display of goods.
(B) Outdoor display areas. The area to be used for outdoor display shall
be located directly in front of the establishment displaying the goods and
entirely upon the establishment's own property. Sidewalks, building
entrances and exits, driveways and streets shall not be obstructed by
outdoor display.
Section 6. Section 12-13-3(E) of the Vail Town Code is hereby repealed in its
entirety.
Section 7. The table in Section 12-13-4 of the Vail Town Code is hereby
amended as follows:
a. By the deletion of "As governed by the management plan" from the
"Ownership/Transference" column for Type VI;
b. By the deletion of "As determined by the PEC" and addition of "NA" from
the "Additional GRFA," "Additional Site Coverage/Reduced Landscape Area", "Garage
Credit/Storage Requirement," "Minimum/Maximum GRFA of an EHU," and "Density"
columns for Type VI;
c. By the deletion of "Per Chapter 10 of this Title as a dwelling unit or a parking
management plan Per Chapter 6, article I, "Housing (H) District," of this Title" and the
addition of "as permitted by the zone district" from the "Parking" column for Type VI
Employee Housing Units; and
d. By the deletion of "Housing" and "Housing district" from the "Zoning Districts
Permitted by Right" column under the rows for Type VI, Type VII-CL, Type VII-IZ, and the
addition of "Community Housing-1, Community Housing-2, Community Housing-3" in the
cells for the same.
Section 8. The table in Section 12-15-2 of the Vail Town Code is hereby
amended as follows:
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a. By the deletion the third column "GRFA Credits (Added to results of
Application of Percentage)";
b. By the deletion of the row entitled "H Housing"; and
c. By the addition of the following new rows, to be inserted as the last three
rows in the table:
Zone Districts GRFA Ratio
CH-1 No limitation
CH-2 No limitation
CH-3 No limitation
Section 9. Section 12-15-3 of the Vail Town Code is hereby amended as
follows:
§ 12-15-3 DEFINITION, CALCULATION AND EXCLUSIONS.
* * *
(B) Within the Residential Cluster (RC), Low Density Multiple -Family
(LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-
Family (HDMF), Housing (H) and Vail Village Townhouse (VVT) Districts,
Community Housing – 1 (CH-1), Community Housing – 2 (CH-2), and
Community Housing – 3 (CH-3).
* * *
(C) Within all other districts except the Hillside Residential (HR), Single-
Family Residential (SFR), Two-Family Residential (R), Two-Family
Primary/Secondary (PS), Residential Cluster (RC), Low Density Multiple-
Family (LDMF), Medium Density Multiple-Family (MDMF), High Density
Multiple-Family (HDMF), Housing (H) and Vail Village Townhouse (VVT)
Districts.
Section 10. Section 12-16-7(B)(15) of the Vail Town Code is repealed in its
entirety.
Section 11. Section 12-21-10(D) of the Vail Town Code is hereby amended as
follows:
§ 12-21-10 DEVELOPMENT RESTRICTED.
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* * *
(D) No structure shall be constructed on a slope of forty percent (40%)
or greater except in the following zone districts: Housing (H), Single-Family
Residential (SFR); Two-Family Residential (R); or Two-Family
Primary/Secondary Residential (PS); or West Vail Multi-Family Overlay
Districts; Community Housing – 1 (CH-1); Community Housing – 2 (CH-
2); or Community Housing – 3 (CH-3).
Section 12. Section 14-6-7(A)(1) of the Vail Town Code is hereby amended as
follows:
§ 14-6-7 RETAINING WALLS.
(A) General.
(1) All retaining walls are reviewed by the Design Review Board
or the Administrator to determine compatibility to the existing
topography of and the materials in use. Retaining walls shall not
exceed an exposed face height of six (6) feet, except in the H or H-2
CH-1, CH-2, or CH-3 Districts, where retaining walls shall not exceed
an exposed face height of fifteen (15) feet. Within a front setback,
retaining walls shall not exceed an exposed face height of three feet,
unless related to access to or development of a structure on
excessive slopes (in excess of thirty percent (30%)). Retaining walls
associated with a street located within a public right-of-way or access
to an underground covered parking structure are exempt from these
height limits but shall be approved by the Design Review Board and
shall meet the standards prescribed in § 14-10-3.
* * *
Section 13. Chapter 8 of Title 14 of the Vail Town Code is hereby repealed in its
entirety.
Section 14. Section 14-10-9(E) of the Vail Town Code is hereby amended as
follows:
§ 14-10-9 FENCES, HEDGES, WALLS AND SCREENING.
* * *
(E) Height limitations. Fences, hedges, walls and landscaping screens
shall not exceed three (3) feet in height within any required front setback
area and shall not exceed six (6) feet in height in any other portion of the
site, except in the Community Housing-1 (CH-1), Community Housing-
2 (CH-2), and Community Housing–3 (CH-3) Districts where retaining
walls shall not exceed an exposed face height of fifteen (15) feet.
Higher fences, hedges, walls or landscaping screens may be authorized by
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the Administrator when necessary to screen public utility equipment. No
barbed wire or electrically charged fence shall be erected or maintained.
Section 15. The Town's zoning map shall be updated to rename the current
Housing (H) and Housing-2 (H-2) zone districts to Community Housing-3 (CH-3) and
Community Housing-1 (CH-1) respectively.
Section 16. 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 17. 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 18. 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 t he 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 19. 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 ___ day of ______________,
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 Buildin g, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2024.
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_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
153
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 13, 2024
SUBJECT: A request for the review of a Prescribed Regulation Amendment pursuant to
Section 12-3-7 Amendment, Vail Town Code, to amend Title 12 and Title 14 of
the Vail Town Code to rename the current Housing-1 and Housing-2 Districts and
to establish a new Community Housing zone district (PEC24-0014)
Applicant: Town of Vail and Vail Local Housing Authority, represented by
Dominic Mauriello of Mauriello Planning Group
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail and Vail Local Housing Authority, represented by Dominic
Mauriello of Mauriello Planning Group, is proposing to amend Title 12 and Title 14. This
update is recommended by the Vail Local Housing Authority and is intended to provide an
additional housing district with an intermediary height . The amendment will change the
names of the housing districts from Housing to Community Housing and add a third
district with a maximum height limit between the two existing height limits.
II. DESCRIPTION OF REQUEST
The applicant, Town of Vail and Vail Local Housing Authority, represented by Dominic
Mauriello of Mauriello Planning Group, is requesting that the Planning and Environmental
Commission forward a recommendation of approval, with condition, to the Vail Town
Council for amendments to Title 12 and Title 14 of the Vail Town Code to rename the
current Housing-1 and Housing-2 Districts and to establish a new Community Housing
zone district.
III. BACKGROUND
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The Housing (H) District was created with Ordinance No. 3, Series of 2001. It was later
amended that same year with Ordinance No. 19, Series of 2001, which included
grammatical corrections and references to other sections of Town Code. With Ordinance
No. 29, Series of 2005, additional grammatical corrections were made as well as changes
to permitted and accessory uses. Bicycle and Pedestrian paths were added to the
permitted uses and Child Daycare Facilities were added as an accessory use.
Resolution No. 30, Series of 2018 adopted the Vail Housing Policy Statements. These
policies encourage the development of housing in the Town of Vail . In accordance with
those statements, the Vail Local Housing Authority (VLHA), Town staff, and Mauriello
Planning Group have worked on a code amendment for the Housing (H) Zone District in
an effort to encourage more private development in the Town. This is proposed by
amending the district’s open standards that are set by the PEC and providing a set of
standards that would produce an orderly development in any lot zoned Housing.
The Planning and Environmental Commission reviewed a similar proposal in September,
where a recommendation of approval was forwarded to Town Council. Town Council
considered the code amendment in the form of Ordinance No. 23, Series of 2023 but a
motion to approve on first reading failed with a vote of 3-3. There was no follow-up motion
and the item did not move forward.
In December of 2023 the PEC forwarded a recommendation to adopt language that
included the addition of the Housing Two (H-2) District. That district is the same as the
Housing (H) District with the exception of the maximum height. While the H District has a
maximum height of 70 feet for a flat roof and 82.5 feet for a sloping roof, the H-2 district
has a maximum height of 35 feet for a flat roof and 43 feet for a sloping roof. The purpose
of the H-2 district was to allow the development of housing in areas where reduced
heights would be more appropriate.
The proposal that is the subject of this report is to add to this previous work and create
another district that has an in-between height limit with a 45 foot limit for flat roofs and 53
foot limit for sloped roofs. This allows for more options for potential properties that may
desire more height than the current H-2 district, but where the limits of the H-1 are too tall.
A second part of the proposal would change the start of the name of the Housing districts
to “Community Housing”. The names would also be amended so that the number “1”
district would be the shortest, progressing up to number “3” which would be the tallest.
“Housing” to “Community Housing-3” – 82.5’ limit (sloped)
New “Community Housing-2” – 53’ limit (sloped)
“Housing-2” to “Community Housing-1” – 43’ limit (sloped)
IV. PROPOSED TEXT AMENDMENT LANGUAGE
Please see Attachment A for the proposed language for Section 12-6I, 12-6L, 14-6-7, and
14-10-9 Vail Town Code. Below are the changes to the Housing (H) District. These are
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included in the staff report to show the changes from the current code language to the
proposed. The bold lettering represents the added proposed language and the red
strikethrough represents removed language.
Proposed language:
§ 12-4-1. DESIGNATED.
The following zone districts are established:
(A) Hillside Residential (HR) District;
(B) Single-Family Residential (SFR) District;
(C) Two-Family Residential (R) District;
(D) Two-Family Primary/Secondary Residential (PS) District;
(E) Residential Cluster (RC) District;
(F) Low Density Multiple-Family (LDMF) District;
(G) Medium Density Multiple-Family (MDMF) District;
(H) High Density Multiple-Family (HDMF) District;
(I) West Vail Multi-Family (WVMF) Overlay District;
(I) Housing (H) District;
(J) Community Housing–1 (CH-1) District;
(K) Community Housing–2 (CH-2) District;
(L) Community Housing–3 (CH-3) District;
(M) Vail Village Townhouse (VVT) District;
(K)(N) Public Accommodation (PA) District;
(L)(O) Commercial Core 1 (CC1) District;
(M)(P) Commercial Core 2 (CC2) District;
(N)(Q) Commercial Core 3 (CC3) District;
(O)(R) Commercial Service Center (CSC) District;
(P)(S) Arterial Business (ABD) District;
(Q)(T) Heavy Service (HS) District;
(R)(U) Lionshead Mixed Use 1 (LMU-1) District;
(S)(V) Lionshead Mixed Use 2 (LMU-2) District;
(T)(W) Public Accommodation-2 (PA-2) District;
(U)(X) Agricultural and Open Space (A) District;
(V)(Y) Outdoor Recreation (OR) District;
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(W)(Z) Natural Area Preservation (NAP) District;
(X)(AA) Ski Base/Recreation (SBR) District;
(Y)(BB) Ski Base/Recreation 2 (SBR2) District;
(Z)(CC) Special Development (SDD) District;
(AA)(DD) Parking (P) District; and
(BB)(EE) General Use (GU) District.
Article 6IL: Community Housing-3 (H-3) District
Article 6LJ: Community Housing-1 Two (H-2-1) District
ARTICLE 6M. COMMUNITY HOUSING-2 (CH-2) DISTRICT.
§ 12-6M-1. PURPOSE.
The CH-2 District is intended to provide adequate sites for employee housing which,
because of the nature and characteristics of employee housing, cannot be
adequately regulated by the development standards prescribed for other residential
zone districts. The CH-2 District provides flexibility to provide for the critical need
for housing to serve local citizens and businesses, and to provide for the public
welfare. The CH-2 District is intended to ensure that employee housing is
appropriately located and designed to meet the needs of Town residents, to
harmonize with surrounding uses, and to ensure adequate light, air, open spaces
and other amenities appropriate to the allowed types of uses. The CH -2 District is
intended to apply to properties located in areas developed with low- to medium-
density residential uses.
§ 12-6M-2. PERMITTED USES.
The following uses are permitted in the CH-2 District:
(A) Bicycle and pedestrian paths;
(B) Wireless communication facilities;
(C) Employee housing units;
(D) Passive outdoor recreation areas, and open space;
(E) Public buildings, grounds, and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and appurtenant
equipment.
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§ 12-6M-3. CONDITIONAL USES.
The following conditional uses are permitted in the CH-2 District, subject to issuance
of a conditional use permit:
(A) Public and private schools; and
(B) Commercial uses which are secondary and incidental to the use of
employee housing and specifically serving the needs of the residents of the
development, and developed in conjunction with employee housing, in which case
the following uses may be allowed subject to a conditional use permit:
(1) Automated teller machines;
(2) Banks and financial institutions;
(3) Business offices and professional offices;
(4) Eating and drinking establishments;
(5) Funiculars and other similar conveyances;
(6) Health clubs;
(7) Personal services, including without limitation laundromats, beauty and
barber shops, tailor shops and similar services; and
(8) Retail stores and establishments.
§ 12-6M-4. ACCESSORY USES.
The following accessory uses are permitted in the CH-2 District:
(A) Home occupations, subject to issuance of a home occupation permit;
(B) Private greenhouses, toolsheds, playhouses, attached garages or carports,
swimming pools or recreation facilities customarily incidental to permitted residential
uses;
(C) Childcare facilities;
(D) Dwelling units other than employee housing units if such dwelling units:
(1) Are created solely for the purpose of subsidizing employee housing on the
property;
(2) Are not the primary use of the property;
(3) Do not exceed thirty percent (30%) of the total GRFA constructed on the
property; and
(4) Are compatible with the proposed uses and buildings on the site and are
compatible with buildings and uses on adjacent properties.
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(E) Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof.
§ 12-6M-5. SETBACKS.
The minimum front setback shall be twenty (20) feet, the minimum side setback shall
be fifteen (15) feet, and the minimum rear setback shall be fifteen (15) feet.
§ 12-6M-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area. If at
least seventy-five percent (75%) of the required parking spaces are underground or
enclosed, site coverage may be increased to sixty-five percent (65%).
§ 12-6M-7. LANDSCAPING AND SITE DEVELOPMENT.
At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6M-8. LOT AREA.
The minimum lot area shall be ten thousand (10 ,000) square feet.
§ 12-6M-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed forty-five (45)
feet. For a sloping roof, the height of buildings shall not exceed fifty-three (53) feet.
§ 12-6M-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6M-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6M-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking spaces
per dwelling unit or employee housing unit, which represents all parking, including
visitor parking. Applications shall include the number and layout of onsite parking
spaces; details of any offsite parking being provided; onsite bicycle parking;
provisions for guest parking; and assigned parking spaces.
§ 12-6M-13. MOBILITY.
(A) General. Developments providing less than the prescribed number of
parking spaces shall require a Mobility Management Plan approved by the Planning
and Environmental Commission.
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(B) Mobility Management Plan. The Mobility Management Plan shall include:
(1) Layout of proposed covered and uncovered parking including applicable
dimensions, provisions for stacked parking and compact spaces, if proposed;
(2) Information on how proposed parking spaces will be allocated to units and
if this allocation is on the form of a deed restriction;
(3) A professionally produced parking study, unless a determination is made by
the Administrator that such study is unnecessary due to the scale and character of
the proposal;
(4) Existence of any bike or vehicle share/shuttle program;
(5) Covered/protected/secured bike parking/storage;
(6) Provisions for guest parking and management;
(7) Provisions for seasonal variations; and
(8) Provisions for off-site vehicle storage, which may be located at any distance
from the site.
(C) Review criteria. To be approved, a Mobility Management Plan shall:
(1) Provide adequate off-street parking for the quantity of proposed beds in
relation to the proximity of the development to core services and public transit, based
on:
(a) Hierarchy of bus routes (regional vs. local);
(b) Proximity to job centers; and
(c) Proximity to commercial area.
(2) Provide adequate off-street parking in consideration of other provided
mobility options including vehicle share/shuttle programs.
(D) Performance standards. After implementation of a Mobility Management
Plan, the following performance standards shall be maintained:
(1) Personal vehicles shall not be parked in areas designated for fire service or
in a dedicated emergency access easement.
(2) Personal vehicles shall not be parked on adjacent properties unless
permission has been obtained in writing and provided to and approved by the Town.
(3) Personal vehicles shall not be parked in the public right-of-way.
(4) Personal vehicles shall not be parked in areas other than designated
spaces as shown on the approved development plan.
(5) At no time shall parking extend into required drive aisles.
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(6) Goods, trailers, campers, or unlicensed vehicles shall not be stored in
designated parking areas.
(7) Bike parking shall be maintained at all times in a clean, safe and functional
condition.
(E) Reporting. For the first two (2) years following the implementation of a
Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the anniversary of
the first-issued certificate of occupancy for the development, including the following
information:
(1) Number of occupied units and number of residents per unit;
(2) Usage of mobility services;
(3) Results of survey of residents concerning parking;
(4) Reports of any code enforcement complaints; and
(5) A parking utilization study during summer and winter.
(F) Amendments. Amendments to an approved Mobility Management Plan
shall be submitted to the Planning and Environmental Commission Meeting for
approval at a public hearing in accordance with § 12-3-6.
§ 12-6M-14. LOCATION OF BUSINESS ACTIVITY.
(A) Limitation. All conditional uses shall be operated and conducted entirely
within a building, except for permitted loading areas and such activities as
specifically authorized to be unenclosed by a conditional use permit , and the outdoor
display of goods.
(B) Outdoor display areas. The area to be used for outdoor display shall be
located directly in front of the establishment displaying the goods and entirely upon
the establishment's own property. Sidewalks, building entrances and exits,
driveways and streets shall not be obstructed by outdoor display.
V. ROLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a text
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amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town Code, and
forwarding a recommendation to the Town Council.
Design Review Board:
The Design Review Board (DRB) has no review authority over a text amendment to the
Vail Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or denial
of a text amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town
Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
an evaluation of the application regarding the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
VI. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code and Vail Land Use Plan
are relevant to the review of this proposal:
Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
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2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other
dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen
congestion in the streets.
4. To promote adequate and appropriately located off -street parking and loading facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural
features.
10. To assure adequate open space, recreation opportunities, and other amenities and
facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
VAIL TOWN COUNCIL ACTION PLAN 2018-2020
Our Mission - Grow a vibrant, diverse economy and community and preserve our
surrounding natural environment, providing our citizens and guests with exceptional
services and an abundance of premier recreational, cultural and educational
opportunities.
Community - Engage our community in honoring social, recreational, cultural, and
educational values that will guide sustainable strategies throughout our neighborhoods
as the foundation of our town’s continued success. Ensure that our citizens are afforded
the opportunity to live and thrive in our community.
• Housing as necessary infrastructure to our community
Economy - Preserve our vibrant and diverse economy that keeps Vail at the forefront of
our resort competitors.
• Update long range strategic plans to enhance competitiveness of the Town of Vail
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Experience - Deliver on the promise, “Vail. Like nothing on earth” that also supports
“preserving our natural environment”.
• Excellent municipal services
• Convenient, efficient, and safe parking and transportation venues
Sustainability - Balance our economic, environmental, and social needs to deliver a
sustainable community.
• Strategic implementation of environmental programs
• Excellent stewardship by monitoring and maintaining our natural environment
• Climate action to achieve reduction of greenhouse gas emissions
• Reduce the environmental impact of transportation
• Explore and encourage sustainable building practices
VAIL HOUSING 2027
Goal: The Town of Vail will acquire 1,000 additional resident housing unit deed
restrictions by the year 2027.
These new deed restrictions will be acquired for both existing homes as well as for
homes that are newly constructed by both the Town of Vail and private sector
developers.
Vision: An Eye on the Future - We envision Vail as a diverse, resilient, inclusive,
vibrant and sustainable mountain resort community where year-round residents are
afforded the opportunity to live and thrive. We take a holistic approach to maintaining
community, with continuous improvement to our social, environmental, and economic
well being. We create housing solutions by recognizing and capitalizing on our unique
position as North America’s premier international mountain resort community in order
to provide the highest quality of service to our guests, attract citizens of excellence and
foster their ability to live, work, and play in Vail throughout their lives.
Our strategic solutions and actions result in the retention of existing homes, creation of
new and diverse housing infrastructure, and collaboration with community partners. For
Vail, no problem is insurmountable. With a consistent, community-driven purpose and
an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for
the 21st century. The Town is well positioned financially to undertake this significant
challenge.
Mission: Maintaining and Sustaining Community - We create, provide, and retain high
quality, affordable, and diverse housing opportunities for Vail residents to support a
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sustainable year round economy and build a vibrant, inclusive and resilient community.
We do this through acquiring deed restrictions on homes so that our residents have a
place to live in Vail
Policy Statement: Resident Housing as Infrastructure - We acknowledge that the
acquisition of deed restrictions on homes for Vail residents is critical to maintaining
community. Therefore, we ensure an adequate supply and availability of homes for
residents and recognize housing as infrastructure in the Town of Vail; a community
support system not unlike roads, bridges, water and sewer systems, fire, police, and
other services of the municipal government.
VAIL 2020 STRATEGIC ACTION PLAN
Land Use and Development
Goal #1 Actions/Strategies: Make amendments to the Vail Town Code to reflect
planning document updates, including the Sign Regulations, Zoning Regulations and
Development Standards Handbook.
Goal #3: Ensure fairness and consistency in the development review process.
Actions/Strategies
• Provide transparency of the review process by improving communications.
• Embrace policies and practices that ensure honest governmental interaction.
• Define ways in which to improve communication with the public.
• Review and improve policies regarding notification of design review applications.
• Provide adequate training for members of the town’s boards, commissions and
committees regarding goals and purposes for regulation.
• Develop a streamlined design review process and include in regulation updates.
Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the
workforce through policies, regulations and publicly initiated development.
Actions/Strategies
• Update housing regulations to include more zone districts that are required to provide
employee housing.
• Redevelop Timber Ridge to increase number of employee beds.
• Use employee housing fund for buy-downs and other programs that will increase the
number of employees living within the town.
• Address the zoning regulations to provide more incentives for developers to build
employee housing units.
Town Council Priorities
#4: Review and analyze Title 12 Zoning, the Official Zoning Map, Title 14 Development
Standards, and other pertinent land use policy language including the Town of Vail
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Comprehensive Plan. Bring forward recommendations for amendments to help foster
the creation of affordable housing and improved efficiency of the development review
process.
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The proposed name change from “Housing” to “Community Housing” is supported by the
general purpose of the zoning regulations as it notes the purpose is to conserve and
enhance “its established character as a resort and residential community of high quality.”
Providing this intermediate height district will further the potential for more properties to
rezone to provide community housing in an area where the current district’s heights may
not be appropriate. This furthers the specific goal: “To encourage a harmonious,
convenient, workable relationship among land uses, consistent with municipal
development objectives;”
Staff finds that this criterion is met.
2. The extent to which the text amendment would better implement and better
achieve 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
The name change to add “community” furthers the points made in the Vail Housing 2027
Strategic Plan that deed restricted housing is key to maintaining that year-round
community.
This proposal is in line with the goal of the Strategic 2020 plan to “Update housing
regulations to include more zone districts that are required to provide employee housing .”
By creating another district, the possibilities are increased for community housing
properties where applications can proceed directly to the Design Review Board . As
mentioned with the previous application, amending zoning standards in this manner
provides developers more incentives to develop employee housing units, which is another
stated goal in the Strategic 2020 plan.
Staff finds that this criterion is met.
3. The text amendment demonstrates how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable; and
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This application is a follow-up to the previously approved text amendment that set
standards for the housing district, including height. During those meetings it was
discussed that there may need to be a third district added with an in-between height limit.
The existing regulations, while applicable and appropriate, would be better served by
having this third option for the community housing districts.
Staff finds that this criterion is met.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
This text amendment is proposed to be similar to other low to high density multiple-family
residential zone districts where standards are set to be followed and reviewed at the
Design Review Board level. The community housing districts will now have a similar low,
medium, and high height limit for districts in a way that is harmonious with the other
multiple-family residential districts in town.
As noted in the previous criteria, the name change that puts “community” in the title is in
line with the development objectives of the town. Many of the goals in the strategic plan,
2020 plan, and the West Vail Master Plan state the importance of the community and the
need to keep year-round residents in town.
Staff finds that this criterion is met.
5. Such other factors and criteria the Planning and Environmental Commission
and/or council deem applicable to the proposed text amendments
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval, with the
condition, for the prescribed regulation amendment to the Vail Town Council. This
recommendation is based upon the review of the criteria outlined in Section VII of this
memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of approval,
with condition, to the Vail Town Council for a Prescribed Regulation Amendment
pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend Title 12 and Title 14
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of the Vail Town Code to rename the current Housing -1 and Housing-2 Districts and to
establish a new Community Housing zone district (PEC24-0014)”
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission following condition:
1. That the applicant shall amend the Zone District Map to include the changes to
the names of the existing districts and adds the new district.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
“Based upon a review of Section VII of the May 13, 2024, staff memorandum to the
Planning and Environmental Commission, 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 outlined in Section 12-1-2, Purpose, Vail Town Code; 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."
VIII. ATTACHMENTS
A. Draft Ordinance
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Planning and Environmental Commission Minutes
Monday, May 13, 2024
1:00 PM
Vail Town Council Chambers
Present: David N Tucker
Robert N Lipnick
Scott P McBride
Brad Hagedorn
Robyn Smith
Absent: William A Jensen
John Rediker
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
the West Vail Master Plan – Chapter 2: West Vail Center for the future
prescribed regulations amendment application.
Planner: Greg Roy
Work session Memo - WV Comm 5-13-24.pdf
Timestamp: 1:00
Planner Roy gives an introduction. He talks about the initial considerations for the new zoning. He
gives a presentation touching on key features from the West Vail Master Plan, contemplated housing
types, and the west vail plaza.
Hagedorn mentions childcare is an important consideration, there is a shortage in the valley.
Roy and PEC discuss design considerations and parking.
Smith talks about parking management and vertical or rooftop gardens.
PEC discusses appropriate management and regulations for deed restrictions in the study area.
Discussion on lower densities on north of site along Chamonix and how those transition to the south.
Roy and PEC talk about potential subdivisions in the area and the minimum lot size.
Smith brings up the idea of deed-restricted commercial spaces for consideration. Discussion of
some examples in peer communities.
Smith brings up marijuana businesses as a use. Smith wants to make sure lighting is appropriate.
Planning and Environmental Commission Meeting Minutes of May 13, 2024
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McBride agrees on lighting. Discusses parking and how it compares to existing.
Hagedorn asks for public comment. There is none.
Hagedorn asks about the process moving forward, Roy gives a rundown of the anticipated
schedule. Hagedorn says to be mindful of how much commercial is needed there, it is a balancing
act. There is quite a bit of vacant commercial existing.
How do we guide the private development here? Roy says uses will be important.
Smith mentions that the Town-owned property can help be the catalyst in the area. She says phasing
is also important.
3.2
A work session of the Planning and Environmental Commission to review possible
code amendments to the landscaping requirements to reduce water use.
Presenter: Greg Roy
Planner: Greg Roy
Applicant Name: Town of Vail
Work session Memo - Landscaping 5-13-24 (Final).pdf
Timestamp: 46:24
Planner Roy gives a presentation. He runs through the potential action items.
PEC discusses buy-back programs. Smith says the first step should be language to the
design guidelines that the use of potable water should be judicious.
Gregg Barrie talks about these programs and contemplated plans around town. Hagedorn and
Barrie discuss landscaping practices in Town.
Smith says we can start with lighter measures and in the future we can always do more if it’s worthwhile.
Hagedorn says there could be a maximum square footage for irrigated land for residential zoned district.
Smith talks about cap and trade.
Smith would also support the explicit ban of water features, to have regulatory consistency with the
water district.
Hagedorn asks for public comment. There is none.
McBride supports limiting turf grass, banning water features, and required upgrades in irrigation
efficiency. Lipnick supports limiting turf grass, getting away from water features, upgrading irrigation,
and the proper spacing of trees. Smith supports adding water conversation language to 14 -10-8,
banning water features, limiting turf grass, if irrigated area exceeds a certain amount you need a
landscape architect. Let’s start reasonable and can increase if necessary. Tucker supports limiting turf
grass, and banning water features. Hagedorn supports limiting turf grass, ban on water features, and
a maximum square footage for irrigated area.
Planning and Environmental Commission Meeting Minutes of May 13, 2024
2 170
4. Main Agenda
4.1
A request for recommendation to the Vail Town Council, for a prescribed regulation
amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12
and Title 14 to rename the current Housing-1 and Housing-2 zone districts and
establish a new Community Housing zone district. (PEC24-0014)
Planner: Greg Roy
Applicant Name: Town of Vail and Vail Local Housing Authority, represented by Dominic Mauriello
of Mauriello Planning Group PEC24-0014 Memo 5-13-24.pdf
Attachment A. Draft Ordinance.pdf
Timestamp: 1:23:00
Planner Roy gives an introduction to the application. The applicant is represented by Allison Kent
with Mauriello Planning Group and Steve Lindstrom with the VLHA.
Kent gives a presentation. She walks through the changes made with this application.
Smith asks about EHUs in the zone district. Kent talks about the different types of EHUs, specific
to different zone districts.
Roy and Kent talk about fulfilling linkage or inclusionary requirements.
Lindstrom adds that we are doing this from the inside out. It sounds more complex than it is, the goal
is to simplify as much as we can. There are also old deed-restrictions to consider, this is a move to
simplify and standardize.
Lipnick clarifies that the three Community Housing districts will have the same standards – Kent says
it’s the same except height and allowance for conditional use for commercial.
McBride asks about the history. Roy says that was the original vote for putting standards on Housing,
the second iteration went through.
Lindstrom adds that a lot of the initial discussion was about heights.
Hagedorn asks for public comment. There is none.
Lipnick says the review criteria is met. This gives set standards to developers, he is in support.
Smith agrees the findings have been met. There was a substantial conversation on this in
September, this extra district was recommended at that time, this is following up on the action item
that was agreed to then.
Robert N Lipnick made a motion to Recommend for approval with the condition and findings on page
15 of the staff memo; Robyn Smith seconded the motion Passed (5 - 0).
4.2
A request for recommendation to the Vail Town Council, pursuant to Section 12-3-
7, Amendment, Vail Town Code, for the adoption of the Vail Mobility and
Transportation Master Plan. (PEC24-0013)
Planning and Environmental Commission Meeting Minutes of May 13, 2024
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Planner: Heather Knight
Applicant Name: Town of Vail, represented by Tom Kassmel
PEC24-0013 Staff Memo 051324.pdf
Attachment A. PEC Memo 5-13-24.pdf
Attachment B. Vail TMP Report_Draft_042524 - TOV PEC Edits.pdf
Attachment C. PEC MP Comments.pdf
Attachment D. Public Comment - EngageVail Summary.pdf
Attachment E. PEC Presentation 4-8-24.pdf
Timestamp: 1:41:00
Tom Kassmel, Town Engineer, gives a presentation.
Hagedorn mentions there are also comments from commissioners that are not present today.
Kassmel walks through some of the comments on the document itself.
Smith says there is a lot of language that talks about safety, how is that improved when there is
no incident history in that area – distinction between safety and comfort both being important.
Lipnick says the vision emphasizes pededestrians and bikers but why not cars? Kassmel says it
is mentioned in later paragraphs, there are traffic specific goals.
Kassmel talks about the updates to the traffic section.
Smith says that while the county population grew, it doesn’t fully capture the change and the type of
parking and traffic we have. We really need to emphasize the need for traffic counters and data
informed decision making.
Kassmel talks about the updates to the traffic calming and speed limits section. Instead of
recommending a change to speed limits, we have it as an option to consider for traffic calming. The
goal is to get the vast majority of drivers to go less than 20 mph on residential streets. Discussion on
evolution of this chapter, speed limit change is a consideration and tool not a recommendation.
Lipnick asks if Council is the body that sets the speed limit, Kassmel confirms.
Kassmel talks about the section on measurable goals. Smith likes this section, our climate action
goals could be added to this section. McBride appreciates the goals, thinks the parking one is overly
ambitious when it comes to the winter season.
Lipnick adds that the transit authority is providing inexpensive or free transportation to Vail, and
those goals are probably reasonable with that in mind.
Kassmel says if we achieve the transit goal, that alone will free up a lot of those parking spaces.
Tucker agrees on being aggressive with the goal, given the transit considerations.
Kassmel talks about overflow days in past years.
Smith talks about equity considerations for speed bumps, bus riders also have to deal with this.
Kassmel says the plan may not get into the specifics of this, it is more general.
Kassmel talks about the updates to the transit section. Smith suggests capping the number to
incentivize shuttles to consolidate.
Kassmel talks about the updates to the multi-modal section.
Smith and Kassmel discuss curb considerations.
Planning and Environmental Commission Meeting Minutes of May 13, 2024
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Smith says adding flashing beacons at all intersections at roundabouts may be excessive,
also concerned about light pollution. Kassmel says the plan also identifies several locations
where overpasses could make sense.
Hagedorn understands the concern, but data shows that it is an effective way to reduce pedestrian
conflicts. He asks if they make those that are cutoff that can help reduce light pollution?
Kassmel says he doesn’t know of any at the moment but it’s not a bad idea.
Discussion of the Main Vail North roundabout. Smith recommends pedestrian access to trailhead in
that area.
Lipnick says he grew up in DC, where rapid-flashing beacons make a difference.
Kassmel talks about the updates to the parking section. Discussion of oversized vehicle parking.
Hagedorn says enforcement is important on that stretch of the frontage road where there is
parking, it can intrude into the travel lane.
Kassmel talks about the updates to the I-70 section. Smith and Kassmel talk about entry lanes
from roundabouts to highway.
Hagedorn asks for public comment. There is none.
Robyn Smith made a motion to Table to the June 10th, 2024 PEC meeting; Scott P McBride
seconded the motion Passed (5 - 0).
5. Approval of Minutes
5.1 PEC Results 4-22-24
PEC Results 4-22-24.pdf
Robyn Smith made a motion to Approve ; Robert N Lipnick seconded the motion Passed (5 - 0).
6. Information Update
6.1 Future Meeting Location
Roy talks about the change in meeting location for the summer. The meetings will temporarily be
moved to the Grandview room due to HVAC work at the municipal building.
7. Adjournment
Robyn Smith made a motion to Adjourn ; Scott P McBride seconded the motion Passed (5 - 0).
Planning and Environmental Commission Meeting Minutes of May 13, 2024
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From:JOHN & DIANA DONOVAN
To:Council Dist List
Subject:Rezoning
Date:Tuesday, June 4, 2024 9:23:31 AM
Zoning is meant to be a promise to land owners and planned within the biggest circle ie: in this case the entire
Town of Vail. Great work, study and public meetings went into Vail’s zoning. Now councils are flippantly rezoning
in the name of housing to then flippantly change the regs and guidelines (such as they are) to reduce regs for
“housing”. The negative impacts of this are already apparent and reduce the quality of Vail as a whole. This is
going to backfire like crazy!
Sent from my iPhone
174
From:JOHN & DIANA DONOVAN
To:Council Dist List
Subject:Rezoning
Date:Tuesday, June 4, 2024 9:42:35 AM
Zoning is a serious issue and constitutes a promise to owners in Vail. Vail’s zoning was done with great study,
forethought and public input. Lately councils have flippantly rezoned parcels in the name of “housing” and to get
around most regulations in Vail. This is absolutely a huge mistake and will be a negative impact on Vail that will be
impossible to rectify. It is pushed by people who care only about housing unit numbers and not the town as a whole
or even neighborhood impacts. The biggest weakness of this council is looking at issues within a single project
bubble and not considering impacts next door much less the neighborhood or town as a whole.
The Housing Authority or housing boards never look at anything but unit count. And Council just accepts it usually
with few to no concerns. That needs to change.
Time to slow things down and get informed on the bigger picture. Projects have to be done correctly for Vail.
Sent from my iPhone
175
AGENDA ITEM NO. 7.4
Item Cover Page
DATE:June 4, 2024
TIME:10 min.
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Ordinance
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 07, Series of 2024, First Reading, An Ordinance
Amending Chapter 1 of Title 5 of the Vail Town Code Regarding
Private Property Drainage
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 07,
Series of 2024, upon first reading.
PRESENTER(S):Tom Kassmel, Town Engineer
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo - Code Update Drainage
Drainage Code Amendment Ordinance No. 7. Series of 2024
176
To:Vail Town Council
From:Public Works Department
Date:June 18, 2024
Subject:Ordinance No. 7 Series 2024 - Private Property Drainage
I.SUMMARY
The Town Code does not currently fully address water runoff from public roads onto
private property or vice versa; nor the maintenance of private driveways within the
public way in a clear manner that is typical of most similar communities. The following
Code amendment will clarify responsibilities of private property owners.
II.CODE AMENDMENTS
Staff recommends adding the following code language to Title 5 Public Health and
Safety.
§ 5-1-11 PRIVATE PROPERTY DRAINAGE.
(A) General.
It is the responsibility of the owner of any real property to protect their
property and any improvements on said property from any and all drainage that
may flow from any public property, public roads, right of way, and easements.
Improvements necessary to protect the property shall be approved by the
Town, except for temporary measures that are utilized in the event of an
emergency.
(B)Maintenance.
Owners of any real property, including buildings and vacant land, that gain
access from public property, public roads, right of way or easements are
required to repair and maintain, at their sole cost and expense, any drainage
feature, improvement, or facility that maintains positive drainage flow away from
177
buildings or property improvements, and/or allows for access onto said real
private property. This shall include drainage ditches, swales, berms, concrete
curbs and curb cuts, concrete pans and gutters, culverts, driveways and any
other features that are required for parking and/or access onto and for said
property.
(C)Abatement for non-compliance.
If the property owner is found to be in default or non-compliance of this
requirement, the Town may notice the owner of such default by certified mail,
requiring the default to be remedied within sixty (60) days, given that the sixty
days occur within the reasonable construction window of May through October.
(D)Lien.
If any person fails or refuses to pay any charge imposed under this section, the
Town may maintain and/or repair the issue, and the cost of such repair and/or
maintenance shall be assessed upon and made a lien upon the land so
benefited. The Town Manager may, in addition to taking other collection
remedies, certify due and unpaid charges to the Eagle County Treasurer for
collection.
§ 5-1-112 CONSTRUCTION WORK LIGHTING.
§ 5-1-123 CREATION OF NUISANCE PROHIBITED.
§ 5-1-134 INVESTIGATION; ABATEMENT NOTICE.
§ 5-1-145 ABATEMENT PROCEDURE.
§ 5-1-156 CIVIL REMEDY NOT PRECLUDED.
§ 5-1-167 VIOLATION; PENALTY.
III.RECOMMENDATION
Approve, approve with amendments, or deny Ordinance No. 07, Series of 2024,
upon first reading.
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1
ORDINANCE NO. 7
SERIES 2024
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 5 OF THE VAIL
TOWN CODE REGARDING PRIVATE PROPERTY DRAINAGE
WHEREAS, the Town Code does not address water runoff from public roads on
to private property nor runoff from private property on to public property; and
WHEREAS, the Town Code does not address the maintenance of driveways and
private drainage facilities within public property; and
WHEREAS, the Town desires to modify the Town Code to address these issues
to be in alignment with many other Colorado communities.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.Section 5-1 of the Vail Town Code is hereby amended as follows:
5-1-11 PRIVATE PROPERTY DRAINAGE.
(A) General.
It is the responsibility of the owner of any real property to protect their property
and any improvements on said property from any and all drainage that may flow
from any public property, public roads, right of way, and easements.
Improvements necessary to protect the property shall be approved by the Town,
except for temporary measures that are utilized in the event of an emergency.
(B)Maintenance.
Owners of any real property, including buildings and vacant land, that gain
access from public property, public roads, right of way or easements are required
to repair and maintain, at their sole cost and expense, any drainage feature,
improvement, or facility that maintains positive drainage flow away from buildings
or property improvements, and/or allows for access onto said real private
property. This shall include drainage ditches, swales, berms, concrete curbs and
curb cuts, concrete pans and gutters, culverts, driveways and any other features
that are required for parking and/or access onto and for said property.
(C)Abatement for non-compliance.
If the property owner is found to be in default or non-compliance of this
requirement, the Town may notice the owner of such default by certified mail,
requiring the default to be remedied within sixty (60) days, given that the sixty
days occur within the reasonable construction window of May through October.
(D)Lien.
If any person fails or refuses to pay any charge imposed under this section, the
Town may maintain and/or repair the issue, and the cost of such repair and/or
maintenance shall be assessed upon and made a lien upon the land so benefited.
The Town Manager may, in addition to taking other collection remedies, certify due
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and unpaid charges to the Eagle County Treasurer for collection.
§ 5-1-112 CONSTRUCTION WORK LIGHTING.
§ 5-1-123 CREATION OF NUISANCE PROHIBITED.
§ 5-1-134 INVESTIGATION; ABATEMENT NOTICE.
§ 5-1-145 ABATEMENT PROCEDURE.
§ 5-1-156 CIVIL REMEDY NOT PRECLUDED.
§ 5-1-167 VIOLATION; PENALTY.
***
Section 2.If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3.The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of June, 2024 and a
public hearing for second reading of this Ordinance set for the 2nd day of
July, 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffmann, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 2nd day of July, 2024.
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffmann, Town Clerk
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