Loading...
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 2 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. 4 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 6 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 8 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). 14 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). 19 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. 63 Rev.10/2023 Page 3 of 7 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. 64 Rev.10/2023 Page 4 of 7 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; 65 Rev.10/2023 Page 5 of 7 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. 66 Rev.10/2023 Page 6 of 7 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 67 Rev.10/2023 Page 7 of 7 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 68 69 70 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 71 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. 72 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 73 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. 74 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 75 1 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. 76 2 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 77 3 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 78 4 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. 79 5 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: 80 6 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 81 7 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 97 2 Dobson Arena Update – June 4, 2024 98 2 Dobson Arena Update – June 4, 2024 99 2 Dobson Arena Update – June 4, 2024 100 2 Dobson Arena Update – June 4, 2024 101 2 Dobson Arena Update – June 4, 2024 102 2 Dobson Arena Update – June 4, 2024 103 2 Dobson Arena Update – June 4, 2024 104 2 Dobson Arena Update – June 4, 2024 105 2 Dobson Arena Update – June 4, 2024 106 2 Dobson Arena Update – June 4, 2024 107 2 Dobson Arena Update – June 4, 2024 108 2 Dobson Arena Update – June 4, 2024 109 2 Dobson Arena Update – June 4, 2024 110 2 Dobson Arena Update – June 4, 2024 111 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) 118 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 127 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 128 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) 129 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 130 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 131 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-2 132 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-2 133 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: 134 1 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX 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; 135 2 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (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 136 3 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX 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. 137 4 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (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: 138 5 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (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. 139 6 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (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; 140 7 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (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; 141 8 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (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. 142 9 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX § 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. 143 10 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (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: 144 11 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX 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; 145 12 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (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. 146 13 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX 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 147 14 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (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; 148 15 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX (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: 149 16 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX 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. 150 17 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX * * * (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 151 18 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX 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. 152 19 5/28/2024 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/24/ORDINANCE NO. 6, SERIES OF 2024 (COMMUNITY HOUSING)/COMMUNITY HOUSING DISTRICTS-O050724.DOCX _____________________________ 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 154 Town of Vail Page 2 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 155 Town of Vail Page 3 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; 156 Town of Vail Page 4 (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. 157 Town of Vail Page 5 § 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. 158 Town of Vail Page 6 (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. 159 Town of Vail Page 7 (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. 160 Town of Vail Page 8 (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 161 Town of Vail Page 9 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. 162 Town of Vail Page 10 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 163 Town of Vail Page 11 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 164 Town of Vail Page 12 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 165 Town of Vail Page 13 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 166 Town of Vail Page 14 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 14 167 Town of Vail Page 15 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 168 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 1 169 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 3 171 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 4 172 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 5 173 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. 178 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 179 2 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. 180 3 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 181