HomeMy WebLinkAbout2025-01-21 Agenda and Supporting Documentation Town Council Evening Meeting1.Call to Order (6:00pm)
2.Public Participation (6:00pm)
2.1 Public Participation (10 min.)
3.Any action as a result of Executive Session (6:10pm)
4.Consent Agenda (6:10pm)
4.1 Resolution No. 5, Series of 2025, A Resolution Approving
an Intergovernmental Agreement between the Town of
Vail ("The Town") and US Department of Justice Bureau of
Alcohol, Tobacco, Firearms and Explosives (The "ATF")
Approve, approve with amendments, or deny Resolution No. 5,
Series of 2025.
Background: The Vail Police Department is requesting the
Town Council permit the Town Manager to enter into an
Intergovernmental Agreement with the ATF to receive a
bomb/accelerant trained canine.
4.2 Resolution No. 6, Series of 2025, A Resolution Approving
a Memorandum of Understanding for the Use of Genasys
Evac/Protect in Eagle County
Approve, approve with amendments, or deny Resolution No. 6,
Series of 2024.
Background: This Memorandum of Understanding ensures all
fire, EMS, and law enforcement agencies in Eagle County will
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Vail Town Council Chambers and virtually by Zoom.
Zoom meeting link: https://vail.zoom.us/webinar/register/WN_6UULGQbHStOodDdMprk4xQ
6:00 PM, January 21, 2025
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 attendees to express opinions or ask questions regarding
town services, policies or other matters of community concern that are not on the agenda. Please 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.
Public Participation
Town Council Memo ATF K9
Resolution NO. IGA ATF
ATF National Canine Division Program Application Package 004_1
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support the training and use of this software to plan, execute,
and communicate emergency evacuations in Eagle County.
4.3 Resolution No. 7, Series of 2025, A Resolution Approving
an Amended Operating Plan and Budget of the Vail Local
Marketing District, for its Fiscal Year January 1, 2025
through December 31, 2025
Approve, approve with amendments, or deny Resolution No. 7,
Series of 2025.
Background: This purpose of this resolution is for the Town
Council to approve, approve with amendments, or deny the
amended operating plan of the Vail Local Marketing District
(the “VLMD”), in accordance with C.R.S. §29-25-110.
4.4 Contract Award to Emergent Execs for Leadership
Development Program
Authorize the Town Manager to enter an agreement, in a form
approved by the Town Attorney, with Emergent Execs for a
Leadership Development Program, not to exceed $138,500.
Background: In Spring 2024, the Town Council established a
strategic goal to support access to leadership development
training for Vail's workforce.
4.5 Contract Award to Hallmark Inc for the Ford Park
Retractable Bollard Project
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Hallmark Inc. for the
Ford Park Retractable Bollard Project, in an amount, not to
exceed $300,000.00.
Background: The Town has budgeted to install two retractable
bollards at the entrance to East Betty Ford Way in Ford Park to
better control vehicles from entering Ford Park.
5.Public Hearings (6:10pm)
5.1 Ordinance No. 24, Series of 2024, Second Reading, An
Ordinance Amending Chapter 4-14 of the Vail Town Code
to Establish Regulatory Fees for Short-Term Rentals
(6:10pm)
90 min.
Approve, approve with amendments, or deny Ordinance No.
24, Series of 2024 upon second reading.
Presenter(s): Carlie Smith, Finance Director
Background: Earlier this year, Council requested an update on
short-term rentals and asked staff to review the Town's STR
Town Council Memo Genasys
Resolution_6_2025_GENASYS.pdf
MOU - Commitment to Use Genasys Evac - Final
2025 Resolution No #7 VLMD 1st Supplemental Budget
250121 VLMD 1st Supplemental Budget Memo
2025 VLMD First Supplemental Presentation
2025-01-21 Council Memo, Leadership Dev Agreement
Council Memo 1-7-25
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regulations. This is a proposed ordinance to establish impact
fees for short-term rentals.
5.2 Resolution No. 3, 2025, A Resolution of the Vail Town
Council Approving an Amendment to the Lionshead
Redevelopment Master Plan to Accommodate Future
Development on the Evergreen Lodge at Vail Development
Site (7:40pm)
20 min.
Approve, approve with amendments, or deny the amendment
to the Lionshead Redevelopment Master Plan.
Presenter(s): Jamie Leaman-Miller, Planner II
Background: An amendment to the Lionshead Redevelopment
Plan to amend Section 5.19. The amendment addresses the
Evergreen site and Lot 10.
6.Action Items (8:00pm)
6.1 Resolution No. 4, Series of 2025, A Resolution Approving
A Town of Vail Timber Ridge Village Employee Housing
Unit Deed Restricted Credit Program (8:00pm)
30 min.
Approve, approve with amendments, or deny Resolution No. 4,
series of 2025.
Presenter(s): Jason Dietz, Housing Director and George
Ruther, Ruther Associates LLC
Background: The purpose of this agenda item is to present an
EHU deed restriction credit program to the Vail Town Council
allowing home buyers at the new Timber Ridge Village to
purchase an EHU deed restriction credit upon purchase of the
homes.
7.Adjournment 8:30pm (estimate)
213137- STR Fee Technical Memo 5-12-22
250121 STR Fee Ordinance 24 2024
STR Fee-O011625
012125 STR 2nd reading powerpoint
Short Term Rental Public Comment
Staff Memorandum 01-21-25
Resolution No. 3, Series of 2025
PEC24-0047 Staff Memo 12-09-24
PEC_Results_12-9-24
Staff Presentation 01-21-25
Applicant Presentation - 01-21-25
Resolution 4 2025 Deed Restriction Credit Program
EHU Deed Restriction Credits at Timber Ridge Village Policy Recommendation 01-07-
2025
EHU Credit Slide 01212025 mj.pptx
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vail.gov. 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.
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Please call 970-479-2460 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
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AGENDA ITEM NO. 2.1
Item Cover Page
DATE:January 21, 2025
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Public Participation (6:00pm)
SUBJECT:Public Participation (10 min.)
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Public Participation
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From:Jessie Kutschke
To:Council Dist List
Subject:TOV Parking
Date:Tuesday, January 21, 2025 12:39:59 PM
Jessie Kuschke
998 W Beaver Creek Blvd D312
Avon, CO 81620
jessie@vailluxurygroup.com
9722819429
1.21.2025
Town of Vail Council
75 S Frontage Rd W
Vail, CO 81657
Dear Town of Vail Council,
As a local resident, active community member, and someone who works in the Village, I am
deeply frustrated by the increasingly burdensome parking policies that disproportionately
impact locals. I purchased a parking pass in good faith, carefully planned my visits, and
followed the rules, yet I have been repeatedly penalized with charges for parking sessions
under two hours. These charges undermine the purpose of the pass and disregard the
contributions of hardworking locals like myself.
The constant fine print changes and overly restrictive policies create unnecessary stress for
residents who are trying to engage in and support the community. Jane, who works for TOV
parking, has been extremely helpful, acknowledged that many locals share these frustrations.
This is a systemic issue that demands immediate attention.
I urge the Town of Vail to reimburse any of the charges for parking under two hours and to
implement free two-hour parking with a local pass every day—including weekends, holidays,
and peak days. As you know, work does not stop for these days! These steps are the least the
Town can do to support those of us who are actively contributing to the vibrancy and success
of this community.
It’s time for Vail to prioritize its locals, not penalize them. I expect meaningful action on this
matter and look forward to your response.
Sincerely,
Jessie Kutschke
Operations Manager | Malia Cox Nobrega
(972) 281-9429
jessie@vailluxurygroup.com
WE WILL NEVER ASK YOU TO WIRE MONEY OR PROVIDE WIRING
INSTRUCTIONS
Beware of phishing emails requesting a bank wire. Please call your lender, title company or closing attorney to
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confirm any wiring instructions over the phone.
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AGENDA ITEM NO. 4.1
Item Cover Page
DATE:January 21, 2025
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Contract Award
AGENDA SECTION:Consent Agenda (6:10pm)
SUBJECT:Resolution No. 5, Series of 2025, A Resolution Approving an
Intergovernmental Agreement between the Town of Vail ("The
Town") and US Department of Justice Bureau of Alcohol,
Tobacco, Firearms and Explosives (The "ATF")
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 5, Series
of 2025.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Town Council Memo ATF K9
Resolution NO. IGA ATF
ATF National Canine Division Program Application Package 004_1
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January 8, 2025
To:Vail Town Council
Through:Russ Forrest
Town Manager
Ryan Kenney
Chief of Police
From:Justin Liffick
Deputy Chief of Police
Subject:Intergovernmental Agreement between the Town of Vail and Bureau of
Alcohol, Firearms and Tobacco (ATF) for Bomb/Accelerant Detection Canine
The Vail Police Department is requesting that Town Council permit the Town Manager to enter
into an intergovernmental agreement with the ATF to receive a bomb/accelerant trained canine.
The agreement would provide a specialized trained canine to detect bomb and accelerants and
join a National Response Team (regionally deployed). The attached IGA agreement outlines the
parameters for the individual handler, Vail Police Department, as the Agency, and the ATF.
There is no cost to receive or train the canine and handler. The canine and handler will be
provided the canine and training by the ATF. Vail Police and the Town are responsible for
converting a police vehicle to accommodate a canine, approximately $3,500.00, the care and
maintenance of the canine.
If Council agrees to the IGA, Vail PD will select a canine handler and submit the required
paperwork through the Special Agent in Charge of the ATF Denver Field Office. If approved,
the paperwork package will be submitted to ATF Headquarters in Washington D.C. for final
approval. VPD will be place in a queue and receive acceptance. Unfortunately, there is not a
specific timeframe for approval.
Currently, the only trained bomb/accelerant detection canines are in Jefferson County Sheriff’s
Office or Colorado Bureau of Investigation in Denver. The distance and unavailability become a
significant burden on law enforcement. Acquiring such an asset would be beneficial to the Town
of Vail for the numerous special events that occur in our town, further providing the safety and
security to our community.
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RESOLUTION NO. 5
Series of 2025
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL (THE “TOWN”) AND U.S. DEPARTMENT OF JUSTICE BUREAU
OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (THE “ATF”)
WHEREAS, the Town and the ATF wish to enter into an agreement to allow for the
Town to utilize the services offered by the ATF National Canine Division, pursuant to the
terms set forth in the Intergovernmental Agreement, attached hereto as Exhibit A and
incorporated herein by this reference (the “IGA”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. The Town Council hereby approves the IGA in substantially the same
form attached hereto as Exhibit A, and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the IGA on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town of Vail
Town Council held this 21st day of January 2025.
_________________________
Travis Coggin, Mayor
ATTEST:
_____________________________
Stephanie Kauffman, Town Clerk
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U.S. Department of Justice
Bureau of Alcohol, Tobacco,
Firearms and Explosives
National Center for Explosive Training and Research
National Canine Division
www.atf.gov
Dear Perspective Agency,
Thank you for your interest in partnering with the ATF National Canine Division (NCD). In this
package you will find a “draft” Intergovernmental Agreement (IGA), Canine Program Application,
and procedural flow chart.
It’s important to note, that ATF’s Canine programs are in high demand, require extensive review,
and complete concurrence during the selection process. To initiate formal submission into the
program, the following process and chain of communications must be followed in the order below:
1)The handler/requesting agency must complete the attached application, review the IGA
requirements, and submit the application for consideration to their local ATF Field Office.
2)Once the local ATF Field Office Resident Agent in Charge and/or Group Supervisor has
concurred with the requestor’s application, they will submit the application to the Field Division
(FD) Special Agent in Charge (SAC) for final approval.
3)Once final approval is granted by the FD, the SAC will submit the requestors approved
application and any subsequent documents to the National Canine Division Chief and Academy
Branch Chief.
4)Upon receiving all required documentation and prior concurrences, NCD will confirm approvals
and place the application in que for potential class selection.
5)NCD will maintain a roster of applying agencies coinciding with their respective FD’s and submit
the roster to the applicable SAC. The SAC, along with their management team, will prioritize the
roster and identify the agency to grant a position in one of NCD’s programs.
6)If selected, NCD will schedule an interview to review contents of the IGA and execute the IGA
prior to the iteration start date.
It is imperative for consideration into one of ATF NCD’s programs, the order of concurrences and
submissions be completed as listed to prevent delays in the process.
Please direct all program inquiries, applications submissions or status requests to:
NCD-Canine-Applications@atf.gov.
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Complete Application and Review IGAStep 1
•Once completed, submit application for consideration to your local ATF
Field Office.
ConcurrenceStep 2
•Once your local field Office has approved the application submission, it
will be submitted to the local Field Division for final approval by the SAC.
Final SubmissionStep 3
•Once all concurrrences have been completed, the application will be
submitted to NCD via email at NCD-Canine-Applications@atf.gov.
•NCD leadership will verify concurrences and place candidates in the que
for potential class selection.
SelectionStep 4
•Once a course schedule has been established, NCD leadership will submit
potential candidate rosters to the applicable SACs.
•The SACs and their management team will prioritize the rosters and
identify the candidates being selected for one of NCD's programs.
Final InterviewStep 5
•NCD will then conduct a final interview with the selected candidates to
review the contents of the IGA.
•Once review and concurrence is completed NCD and the
candidate/agency will execute the IGA prior to the iteration start date.
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________________________________________________________________________________________
National Canine Division Application Form
Date
Field Division
Program
Agency Name
Address
City
State
Zip code
Point of Contact for this application
Title/Rank
First Name
Last Name
Phone Number
Email
Agency Statistics from the past four years
Enter statistics based on the applicable course selected above
ACCELERANT
Total Fire Investigations
Total Structure Fire Investigations
Percent determined Arson
EXPLOSIVES
Total Explosives Recoveries
Total Explosives Incidents
Amount ($) of Property Damage
Total Injuries Total ATF Cooperative Investigations
Total Deaths Total ATF NRT Investigations
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Agency Requirements and Concurrence
1.Providing the handler/canine team with a dedicated vehicle equipped with air conditioning,heating, and a built-in cage for the
canine?
2.Covering all veterinary and emergency care expenses for the canine during its working life,including required annual exams
and vaccinations?
3.Purchasing all food for the canine during its working life?
4.Purchasing the required maintenance training equipment for the canine team, including, but not limited to, metal cans,
disposable gloves, various distracter materials, training aids (ignitable liquids, etc.)?
5.Sending the handler/canine team to annual recertification training, covering all travel, per diem,rental car, and lodging
expenses?
6.Making the handler/canine team available to attend semi-annual in-service training, and covering all travel-related costs?
7.Making available the use of the handler/canine team for designated ATF investigations, including NRT callouts?
8.Making available the use of the handler/canine team for other designated federal, state, and local investigations?
9.Ensuring that the canine lives in the handler’s residence?
10.Ensuring that the canine’s health and physical fitness is maintained in accordance with ATFprotocols?
11.Ensuring that the ATF training protocols and methodologies are strictly followed to ensure thecanine proficiency is
maintained?
12.Committing the agency and handler/canine team to the Accelerant Detection Canine Program for five years?
13.Ensuring the designated handler is responsible for only the ATF-certified detection canine, and no other canine during his/her
5-year program commitment?
14.Allowing the canine in the handler’s office setting?
15.Be willing to have the handler/canine team work a minimum of 50 fire scenes each year? (ADCP)
16.Providing the handler with a non-contaminated explosives bunker and purchasing fresh explosives samples for training?
(EDCP)
17.Has your agency reviewed and agreed to the terms outlined in the sample Intergovernmental Agreement (IGA) with the ATF?
Agency agrees to all terms listed above
1.Maintain the canine inside your residence, and ensure that the canine will not be continuously crated in your
home?
2.Train/maintain the canine seven days a week, 365 days a year, following the ATF canine training protocols?
3.Provide the canine with a safe environment?
4.Protect the canine from physical injury, both on and off duty?
5.Handle only the ATF-certified detection canine during your 5-year program commitment?
Perspective handler agrees to all terms listed above
Signing Authority First Name
Signing Authority Last name
Prospective Handler First Name
Prospective Handler Last Name
Signing Authority Signature
Prospective Handler Signature
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Please return the application via email to: NCD-Canine-Applications@atf.gov
ATF Field Division Approvals: Resident Agent in Charge (RAC), Group Supervisor (GS), Special Agent in Charge (SAC)
RAC/GS First Name
RAC/GS Last name
RAC/GS Signature
SAC First Name
SAC Last Name
SAC Signature
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INTERGOVERNMENTAL AGREEMENT
BETWEEN THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
AND THE STATE OR LOCAL AGENCY (“AGENCY”)
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This Intergovernmental Agreement (IGA) between the U.S. Department of Justice, Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) and the State or Local Agency (“Agency”)
(collectively known as the “Parties”), establishes the terms and conditions for participation in
ATF’s Explosives/Accelerant Detection Canine Program (EDCP/ADCP). This IGA is a
partnership between both parties, and both parties make every effort to meet the terms and
conditions of this IGA in order to better serve the general public.
AUTHORITY
ATF enters into the agreement under the authority of 28 U.S.C. § 530C(a).
DEFINITIONS
Working life (or service life): A period of time determined by ATF to be the length of time an
explosives or accelerant detection canine can effectively serve as an ATF EDC/ADC canine.
This period of time may vary from canine to canine but will be at least five years from the date of
graduation from the explosives or accelerant detection program.
Initial Training: A course that provides training to an Agency’s designated handlers in explosives
or accelerant detection canine work.
ATF-initiated activations: Events that require the use of detection canines. Includes ATF
National Response Team (NRT) activations, special events, dignitary protection, and other similar
events.
Transferee: An individual, usually a handler, to whom ATF transfers ownership of a detection
canine.
RESPONSIBILITIES
ATF agrees to:
a. Train the Agency’s designated handler in the ATF food reward methodology.
b. Provide EDCP/ADCP training to the Agency’s designated handler. Upon
successful completion of the training, the handler and assigned explosives or
accelerant detection canine will receive ATF certification. ATF will provide
annual recertification. In-service training will be provided as time and funding
permit.
c. Provide a training facility for the EDCP/ADCP handler. The training will be
conducted at the ATF National Canine Division (NCD), 122 Cavalry Drive,
Front Royal, Virginia or other suitable facility as determined by ATF.
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d. Purchase a canine(s) for the Agency and pay the handler’s lodging expenses
incurred during the initial training. ATF will reimburse the Agency and/or the
handler for initial training meals at the current Federal Government per diem rate.
During initial training at the NCD, ATF will provide the Agency’s handler with
canine-related equipment determined by ATF to be necessary for the handler’s
training.
e. Provide technical oversight during course curriculum development, training,
recertification, and throughout the Agency’s participation in the EDCP/ADCP.
f. Provide the necessary EDCP/ADCP personnel (including an ATF forensic chemist)
to evaluate, test, and certify a canine for proficiency in detecting
explosives/accelerants. An ATF forensic chemist shall conduct all annual
recertifications. The ATF National Canine Division (NCD) shall conduct
practical evaluations during initial training and future recertifications.
g. Reimburse the Agency, in accordance with Federal travel regulations and ATF
orders and policy, for travel expenses incurred by the handler for ATF-initiated
activations. ATF WILL NOT PAY ANY HANDLER’S SALARY,
OVERTIME EXPENSES, OR OTHER EMPLOYMENT BENEFITS
INCURRED AS A RESULT OF ANY HANDLER’S PARTICIPATION IN
ATF-INITIATED ACTIVATIONS.
h. Provide written requests (as necessary) to the Agency for the handler to provide
support for ATF-initiated activations. Written requests may come in the form of
memoranda, facsimile, or emails. Text messages may be used if no other
communication is available.
Agency agrees to:
a. Ensure that a handler is available for ATF-initiated activations in consideration for
the ATF-provided training. This requirement shall be in effect for the working life
of the canine(s) assigned to the Agency. ATF has the discretion to grant exceptions
to this paragraph, as necessary. ATF will have the latitude to check on the handler
and assigned explosives and accelerant detection canine at any time to perform an
evaluation.
b. Pay for any handler’s salary, overtime expenses, or other employment benefits
incurred as a result of any handler’s participation in training at the NCD and
ATF-initiated activations.
c. Ensure that the handler is available for daily training, maintenance, and care,
including weekends and holidays, during the working life of the canine.
d. Ensure that the handler is made available to ATF for mandatory in-service
training and annual recertification seminar. The Agency will incur
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all travel expenses, lodging, meals, salary, overtime expenses, and employment
benefits costs for the handler for annual recertifications.
e. Provide ATF approved food, monthly preventative medication, and veterinary care
(after initial training), to include an annual physical, ATF and veterinary required
vaccinations and testing once every 12 months, and heartworm medication for the
working life of the canine. Provide adequate equipment and training aids to
include, at a minimum, one explosives storage bunker for explosives detection
canine teams and a Type 2 indoor or outdoor storage bunker.
f. Ensure that its handler only uses ATF’s food reward methodology (or any
subsequent ATF order or standard operating procedure formalizing the ATF food
reward methodology), for the working life of the dog.
g. Provide, at its expense, a climate-controlled vehicle fully dedicated to the handler
and suitable to the handler’s working environment. This vehicle must have air
conditioning, heat, an installed prefabricated cage, and a temperature monitoring
and alert system.
h. Ensure that the handler is not assigned to handle any other working canine (other
than a canine provided for the handler’s use by ATF) for the duration of handler’s
participation in ATF’s EDCP/ADCP.
i. Ensure that the handler houses the canine inside the handler’s residence. Handlers
must comply with all canine handling requirements communicated to the handler
by ATF during initial training, in-service training, and annual recertification. ATF
has the discretion to grant exceptions to its handling requirements, if necessary.
j. Ensure that handler has a contained and/or fenced area to secure working canine at
their residence. When not in secured outside area or inside the handler’s residence,
the canine will be secured on a leash with proper identification.
k. Comply with any ATF denial of any individual selected to attend EDCP/ADCP
training.
l. Ensure that the handler has access to a laboratory capable of conducting
comprehensive analysis of explosives/accelerants and an accredited bomb squad
and/or ATF certified explosives specialist for EDC handlers.
m. Provide ATF all canine monthly training logs and monthly reports related
to canine deployment and utilization and report to Bomb Arson Tracking System
(BATS) as required.
n. Ensure that the canine, which is the property of ATF, will not be used by the
Agency, the handler, or any other party for private use, personal financial gain, or
for any non-law enforcement purpose that does not directly benefit the Agency or
ATF while in service and throughout retirement.
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o. Abide by the requirements of ATF orders and standard operating procedures as
they affect Agency’s responsibilities under this IGA.
GENERAL GUIDELINES
a. Agency personnel participating in the EDCP/ADCP shall comply with the
following regulations and policies, both during the initial training at the NCD,
in-service training, annual recertifications, and ATF-initiated activations: the
Department of Justice Use of Force Policy Statement; the ATF Employee Ethics
and Responsibilities Policy (ATF Order 2130.2A); Title 5, Code of Federal
Regulations Parts 735 and 3801; the Justice Property Management
Regulations (DOJ Order 2400.3); and the ATF Investigative Policies, Procedures
and Techniques (ATF Order 3210.7D), which includes supervisory controls.
b. Agency personnel participating in the EDCP/ADCP must be certified as
peace officers within their jurisdiction in good standing and in compliance with the
physical requirements of the Agency. Agency personnel participating in the
EDCP/ADCP shall qualify with the firearms issued to them by the Agency and
comply with Agency’s proficiency standards. Agency personnel will be prohibited
from carrying firearms during the initial training at NCD, in-service training, and
annual recertifications unless required by ATF.
c. An Agency handler authorized to use ATF-owned or leased vehicles will be
provided with policies concerning the use and care of Government-owned vehicles.
ATF-owned or leased vehicles may only be used for official Federal Government
purposes. An Agency handler will be provided with the following policies with
which an Agency handler must comply: Property and Fleet Management Program
(ATF Order 1850.2F) and the Criminal Enforcement General Information
(ATF Order 3000.1E, specifically Chapter C, paragraph 42).
d. Agency handlers transporting explosives or hazardous materials shall be in
compliance with all Federal laws and regulations and ATF policies.
e. Agency personnel participating in the EDCP/ADCP must disclose any potential
impeachment information specified in ATF Order 9410.1A, Giglio Policy,
paragraph 6. Potential impeachment information may bar Agency personnel from
participating in the EDCP/ADCP.
FUNDING
ATF’s responsibilities under the IGA are subject to the availability of appropriated funds and
Federal law, regulation, and policy.
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PENALTIES AND DISPOSITION
ATF may remove any canine from the Agency, withdraw certification, require reimbursement for
the cost of the canine and all training expenses, or recommend rescission of deputization (if
applicable) of Agency’s handler upon the occurrence of any of the following events:
a. Handler or canine is not performing according to the standards and protocols of the
EDCP/ADCP.
b. Health and welfare of the canine is compromised.
c. Handler or Agency has failed to comply with any requirements under this IGA.
d. Any violation of terms or conditions of this IGA or with any current regulation or
policy referenced under this IGA.
The parties acknowledge that the canine is the property ATF and that only ATF may determine the
final disposition of any canine assigned pursuant to this IGA. Neither the Agency nor the handlers
may claim ownership of a canine without an official, written determination by ATF, which retains
ownership of all canines assigned pursuant to this IGA until ATF determines that ownership of a
canine may be transferred to an individual other than ATF (preferably a handler). Such a transfer
will be memorialized in an agreement executed between ATF, the Agency, and the handler (or the
individual to whom ownership of the canine is transferred). Upon transfer of ownership, the
transferee shall be solely responsible for the canine’s health and welfare. The transferee shall be
prohibited from using the canine for profit, law enforcement, or any purpose other than
companionship.
EFFECTIVE DATE, MODIFICATIONS, AND TERMINATION
This IGA is effective upon the date the last party signs below. The IGA will be renewed every five
years. Modifications must be made in writing. The parties agree that updates and policies
discussed in the IGA shall be automatically incorporated into this IGA.
This IGA may be terminated upon 60 days’ written notice to the other party. The responsibilities
of the parties shall run from the effective date of this IGA through the working life of all canines
provided to the Agency, unless the IGA is terminated at an earlier date.
Each signatory below represents that he/she has the authority to bind his/her Agency. Both parties
recognize that this IGA shall be binding upon the parties regardless of any changes in management
or in the authority of the signatories below to bind the respective parties.
27
6
__________________________________________ __________________
(“Agency”) Date
___________________________________________ __________________
(“Agency”) Date
__________________________________________ __________________
Chief, National Canine Division - ATF Date
28
AGENDA ITEM NO. 4.2
Item Cover Page
DATE:January 21, 2025
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Resolution
AGENDA SECTION:Consent Agenda (6:10pm)
SUBJECT:Resolution No. 6, Series of 2025, A Resolution Approving a
Memorandum of Understanding for the Use of Genasys
Evac/Protect in Eagle County
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 6, Series
of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Town Council Memo Genasys
Resolution_6_2025_GENASYS.pdf
MOU - Commitment to Use Genasys Evac - Final
29
January 9, 2025
To:Vail Town Council
Through:Russ Forrest
Town Manager
Ryan Kenney
Chief of Police
From:Marc Wentworth
Vail Public Safety Communications Center
Subject:Memorandum of Understanding between the Town of Vail and Eagle County
Emergency Response Agencies
The Vail Public Safety Communications Center is requesting that Town Council permit the
Town Manager to enter into a memorandum of understanding with all Eagle County Emergency
Response agencies to support the use of Genasys emergency evacuation and notification
software. The agreement ensures that all fire, EMS and law enforcement agencies in Eagle
County will support the training and use of this software to plan, execute, and communicate
emergency evacuations in Eagle County. The attached MOU outlines the responsibilities and
obligations of the Vail Police Department, Vail Fire and Emergency Services and Vail Public
Safety Communications. There is no cost to the town or it’s agencies in this agreement, the Eagle
County 911 Authority Board has fiscal responsibility for the software.
This software will allow VPSCC staff to enter active evacuations into the live map which can
then be messaged in real time to the citizens of Vail and Eagle County. The live maps shows
evacuation routes, evacuation centers, medical facilities and other important information in real
time over Eagle County’s ECEmergency.org website. Use of this software is beneficial for the
safety and security of our community when needed during emergency evacuations.
30
RESOLUTION NO. 6
Series of 2025
A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING FOR THE USE
OF GENASYS EVAC/PROTECT IN EAGLE COUNTY
WHEREAS, Eagle County, Colorado, Eagle County Sheriff’s Office, Eagle County
911 Authority, Vail Police Department, Avon Police Department, Eagle Police Department,
Basalt Police Department, Vail Public Safety Communications Center, Vail Fire &
Emergency Services, Eagle River Fire Protection District, Greater Eagle Fire Protection
District, Gypsum Fire Protection District Roaring Fork Fire Rescue Authority, and Rock
Creek Volunteer Fire Department wish to enter into an Memorandum of Understanding,
as set forth in Exhibit A, attached hereto and incorporated herein by this reference (the
"MOU"), for use of Genasys Evac/Protect in Eagle County.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the MOU in substantially the
same form as attached hereto as Exhibit A, and in a form approved by the Town
Attorney, and authorizes the Town Manager to execute the MOU on behalf of the Town.
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 21st day of January 2025.
_________________________
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffman, Town Clerk
31
Agenda Item Details
Public Content
Administrative Content
Executive Content
Meeting Jan 01, 2050 - *****Signature Workflow*****
Category B. County Manager
Subject 82. Memorandum of Understanding for the Use of Genasys Evac/Protect in Eagle
County
Access Public
Type Action (Consent)
Preferred Date Dec 13, 2024
Absolute Date Dec 31, 2024
Fiscal Impact No
Budgeted No
Budget Source na
Recommended
Action
Approve/sign
Prepared By: Birch Barron
Department: Emergency Management
Executive Summary: Genasys Evac/Protect is a mapping platform for use during emergencies and
evacuations. This platform is funded by the Eagle County 911 Authority Board and will be used by all public
safety agencies and Eagle County as a public information and planning tool during large-scale emergencies.
This Memorandum of Understanding outlines the responsibilities and obligations of each of Eagle County's
public safety entities with regard to the use of the Genasys Evac/Protect platform. There is no fiscal
obligation associated with this Memorandum of Understanding.
Reviewing Attorney: Ben Morris
County Manager signature?: Yes
Many signatures are involved. Birch Barron will share primary signatories and contact information with Tracy
Stowell.
12/11/24, 2:41 PM BoardDocs® Plus
https://go.boarddocs.com/co/eagleco/Board.nsf/Private?open&login#1/232
MEMORANDUM OF UNDERSTANDING FOR THE USE OF
GENASYS EVAC / PROTECT IN EAGLE COUNTY
Between
Eagle County, Colorado,
Eagle County Sheriff’s Office,
Eagle County 911 Authority,
Vail Police Department,
Avon Police Department,
Eagle Police Department,
Basalt Police Department,
Vail Public Safety Communications Center,
Vail Fire & Emergency Services,
Eagle River Fire Protection District,
Greater Eagle Fire Protection District,
Gypsum Fire Protection District
Roaring Fork Fire Rescue Authority,
AND
Rock Creek Volunteer Fire Department
This Memorandum of Understanding (“MOU”) sets forth terms for use and sharing of
evacuation services purchased by the Eagle County 911 Authority Board, and is made by and
between Eagle County, Colorado, a body corporate and politic (“County”), Eagle County
Sheriff’s Office, an Office serving the County of Eagle, a body corporate and politic, Eagle
County 911 Authority, a separate legal entity created by intergovernmental agreement under
Title 29, C.R.S., Vail Police Department, a department of the Town of Vail, a Colorado home
rule municipal corporation, Avon Police Department, a department of the Town of Avon, a
Colorado home rule municipal corporation, Eagle Police Department, a department of the Town
of Eagle, a Colorado home rule municipal corporation, Basalt Police Department, a department
of the Town of Basalt, a Colorado home rule municipal corporation, the Vail Public Safety
Communications Center, a department of the town of Vail, a Colorado home rule municipal
corporation, Vail Fire & Emergency Services, a department of the Town of Vail, a Colorado
home rule municipal corporation, the Eagle River Fire Protection District, a Title 32, C.R.S. fire
protection district, the Greater Eagle Fire Protection District, a Title 32, C.R.S. fire protection
district, the Gypsum Fire Protection District, a Title 32, C.R.S. fire protection district, Roaring
Fork Fire Rescue Authority, a separate legal entity created by intergovernmental agreement
under Title 29, C.R.S., and the Bond/McCoy Volunteer Fire Department, Inc., a Colorado
nonprofit corporation d/b/a Rock Creek Volunteer Fire Department (hereinafter sometimes
collectively referred to as the “Parties” or generically and individually as a “Party”).
33
Background
During emergency evacuations, it is critical that information is effectively communicated from
Incident Command to the 911 Dispatch center and from 911 Dispatch to the public. Genasys
Evac / Protect is a platform designed to help response agencies plan and communicate critical
evacuation and incident information in real-time. Genasys Evac / Protect consists of a web-based
mapping and information-sharing platform for emergency personnel, printable mapbooks for
first responders, and a public-facing emergency map.
Purpose
This MOU sets forth the terms and understanding between partner agencies for the purposes of
sharing and cooperating in regard to evacuation services purchased by the Eagle County 911
Authority Board. Specifically, this MOU will establish a relationship between entities within
Eagle County's emergency response system and set forth the responsibilities and obligations of
the Parties with regard to the use of the Genasys Evac / Protect platform. It also ties the Parties
to the Genasys Software as a Service (SaaS) Agreement, as required by Genasys, Inc. as a
condition for use of its product. Parties to this MOU are listed above.
Responsibilities and Obligations of the Parties
● Eagle County 911 Authority Board
o Provide funding for and enter into contract with the Genasys Evac /Protect
platform as an essential component of Eagle County's evacuation and emergency
public notification system
● Law Enforcement and Firefighting agencies within Eagle County
o Use Genasys Evac / Protect as a planning tool to improve emergency evacuations
within each agency's jurisdiction
o Ensure that the zones and information in Genasys Evac / Protect are up-to-date
and reflect each jurisdiction's planning efforts
o Train appropriate staff on how to use Genasys Evac / Protect to support
evacuation planning and communication during emergencies
o During incidents: Use the Genasys Evac / Protect online map and printed map
books to help Incident Command communicate critical information to 911
Dispatch, including evacuation zones, road closures, evacuation center location,
and other key information
● 911 Dispatch/Public Safety Answering Point (Vail Public Safety Communications
Center)
o Train appropriate staff on how to use Genasys Evac / Protect for notification and
public communications during emergencies
34
o During incidents: Use Genasys Evac / Protect to update the status of evacuation
zones, road closures, evacuation center location, and other key information
● Eagle County Emergency Management
o Host the Genasys Evac / Protect map on Eagle County's public-facing emergency
website
o Coordinate with Law Enforcement, Fire, 911 Dispatch, and the 911 Authority
Board to ensure that Genasys Evac / Protect is meeting agency needs and is
effectively integrated into countywide evacuation processes
o Train appropriate staff on how to use Genasys Evac / Protect for public
communications during emergencies
o During incidents: As an incident grows in size, provide EOC support to assist 911
Dispatch in updating the status of evacuation zones, road closures, evacuation
center location, and other key information
Authorized System Users. Parties named in Exhibit A of the Genasys SaaS Service Agreement
executed 9/17/2024 by and between Genasys, Inc., and Eagle County, Colorado shall have access
to use and modify the non-public Genasys Evac software as outlined in said Agreement. As
required by the terms of that Agreement, those Parties hereby consent to the Genasys, Inc. SaaS
Services Agreement.
Mutual Hold Harmless and Release. The Parties agree to release and hold harmless one another,
their officers, employees, and insurers, from and against all liability, claims, and demands, on
account of injury, loss, or damage of whatsoever nature, including, without limitation, claims
arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or
any other loss of any kind whatsoever, which arises out of or is in any manner connected with this
MOU.
Term. The term of this MOU shall commence on the date first above written, and continue for a
period of one (1) year from that date. This MOU shall automatically renew thereafter on the
anniversary date hereof for additional one (1) year periods unless terminated by the Parties.
Withdrawal and Termination. Any Party hereto may elect to withdraw from this MOU at any
time in its sole discretion by sending a written notice to all other Parties in compliance with the
Notices provision herein. This MOU may be terminated at any time by mutual agreement of all
then-current Parties.
Assignment. This MOU shall not be assigned by any Party without written consent of all Parties.
Notices. Any notice required or permitted by this MOU shall be in writing and shall be deemed
to have been sufficiently given for all purposes if sent by regular mail, postage and fees prepaid,
addressed to all Parties at the principal business address for each. Such notice shall be deemed to
have been given when deposited in the United States mail.
35
Integration and Amendment. This MOU represents the entire agreement between the Parties
and there are no oral or collateral agreements or understandings. This MOU may be amended only
by an instrument in writing signed by all Parties.
Governing Law. This MOU shall be governed by the laws of the State of Colorado.
Binding Effect. This MOU shall inure to the benefit of, and be binding upon the Parties, their
respective legal representatives, successors, heirs, and assigns, provided however, that nothing in
this paragraph shall be construed to permit the assignment of this MOU without consent of all
the Parties hereto.
Counterparts. This MOU may be executed in counterparts as evidenced by manual or
electronic signatures from the governing body or authorized agent of each participating agency
or entity listed herein.
IN WITNESS WHEREOF, the Parties have executed this MOU on ________________.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its COUNTY MANAGER
By: ______________________________
Jeff Shroll, County Manager
EAGLE COUNTY 911 AUTHORITY
By: ________________________________
Name: _____________________________
Title: ______________________________
36
EAGLE COUNTY SHERIFF’S OFFICE
By: ________________________________
Name: _____________________________
Title: ______________________________
TOWN OF VAIL - VAIL FIRE AND
EMERGENCY SERVICES, VAIL POLICE
DEPARTMENT, VAIL PUBLIC SAFETY
COMMUNICATIONS CENTER
By: ________________________________
Name: _____________________________
Title: ______________________________
TOWN OF AVON POLICE DEPARTMENT
By: ________________________________
Name: _____________________________
Title: ______________________________
TOWN OF EAGLE POLICE DEPARTMENT
By: ________________________________
Name: _____________________________
Title: ______________________________
37
TOWN OF BASALT - BASALT POLICE
DEPARTMENT
By: ________________________________
Name: _____________________________
Title: ______________________________
EAGLE RIVER FIRE PROTECTION DISTRICT
By: ________________________________
Name: _____________________________
Title: ______________________________
GREATER EAGLE FIRE PROTECTION
DISTRICT
By: ________________________________
Name: _____________________________
Title: ______________________________
GYPSUM FIRE PROTECTION DISTRICT
By: ________________________________
Name: _____________________________
Title: ______________________________
38
ROARING FORK FIRE RESCUE AUTHORITY
By: ________________________________
Name: _____________________________
Title: ______________________________
ROCK CREEK VOLUNTEER FIRE
DEPARTMENT
By: ________________________________
Name: _____________________________
Title: ______________________________
39
AGENDA ITEM NO. 4.3
Item Cover Page
DATE:January 21, 2025
SUBMITTED BY:Carlie Smith, Finance
ITEM TYPE:Resolution
AGENDA SECTION:Consent Agenda (6:10pm)
SUBJECT:Resolution No. 7, Series of 2025, A Resolution Approving an
Amended Operating Plan and Budget of the Vail Local Marketing
District, for its Fiscal Year January 1, 2025 through December 31,
2025
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 7, Series
of 2025.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
2025 Resolution No #7 VLMD 1st Supplemental Budget
250121 VLMD 1st Supplemental Budget Memo
2025 VLMD First Supplemental Presentation
40
Resolution No. 7, Series of 2025
RESOLUTION NO. 7
Series of 2025
A RESOLUTION APPROVING AN AMENDED OPERATING PLAN AND
BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL
YEAR JANUARY 1, 2025 THROUGH DECEMBER 31, 2025
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,
2025, and ending on the 31st day of December, 2025.
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 21st day of January 2025.
________________________________
Travis Coggin, Mayor
ATTEST:
_________________________
Stephanie Kauffman, Town Clerk
41
To: Vail Town Council
From: Vail Local Marketing District
Date: January 21, 2025
Subject: Resolution 7: Vail Local Marketing District 2025 Amended Operating Plan and
Budget
I.BACKGROUND
The Vail Local Marketing District is responsible for marketing and promoting Vail to attract
overnight destination guests primarily during the non-winter timeframe, creating economic
vitality by attracting visitors who stay longer and spend more, thereby increasing sales tax and
lodging tax revenues. Performance against these goals is measured through data, including
occupancy, average daily rate, and lodging and sales tax revenues.
The Vail Local Marketing District Advisory Council (VLMDAC) is the appointed body that
provides strategic policy direction to staff and contracted vendors in pursuit of these goals. The
VLMDAC is also responsible for providing education and awareness of Vail’s stewardship
principles in order to protect our natural and built assets and celebrate the values of the Vail
community.
On September 17th, the Vail Local Marketing District Advisory Council (VLMDAC) presented the
Vail Local Marketing District (VLMD) with the 2025 marketing operating plan and budget. During
that meeting, the VLMD expressed concern for the sustainability of the $9.5M budget but did
vote to approve the 2025 operating plan and budget due to the timing constraints set by the
statute. During the September 17th meeting, the VLMDAC committed to returning to the VLMD
in January with a modified operating plan and budget based on the request to match
expenditures to budgeted revenues, and to address the outcomes of a strategic plan being
developed. Since then, the VLMDAC approved a three-year strategic plan. The strategic plan’s
action plan development will be taking place in Q1 of 2025.
II.SUMMARY
This memo provides the supplemental budget reduction request for the VLMD 2025 operating
plan. Informed by the priorities developed in the Discover Vail Strategic Plan, an amended
2025 operating plan and budget was created, reviewed and approved at a special meeting of
the VLMDAC held on January 13, 2025. The amended budget is detailed below and in the
attached presentation.
42
Town of Vail Page 2
III.DISCOVER VAIL STRATEGIC PLAN
The Discover Vail Strategic Plan (2025–2027) sets a comprehensive framework to guide the
Vail Local Marketing District Advisory Council's (VLMDAC) expanded scope to promote
tourism, foster economic development, and enhance visitor experiences.
Purpose:
The plan outlines strategic initiatives to:
•Organize, promote, and manage public events.
•Support business recruitment, development, and retention.
•Coordinate tourism promotion activities.
•Enhance and facilitate visitor experiences.
Goals:
•Ethos: The foundation that guides core character, values, and strategic direction for
Vail.
•The Vail Experience: Influence, curate and deliver authentic and welcoming year-round
moments that create loyalty and nurtures a deep connection for Vail.
•Community Vitality: Foster an economically thriving and engaged “Vail for Everyone”.
Alignment to Town Council Strategic Plan:
The strategic plan aligns closely with the Town Council Strategic Plan objectives for community
vitality, workforce support, an authentic Vail experience, and environmental sustainability and
further detailed in the presentation attached.
Next Steps:
The strategic action plan development timeline, as outlined in the presentation, includes internal
and external action planning, action plan finalization, and integration with the 2026 operating
plan. The action plan will also identify priorities to be addressed in 2027 and 2028.
This plan emphasizes sustainable growth and a unified vision for Vail as a premier, year-round
destination.
IV.BUDGET DETAIL
Budgeted revenue for 2025 remains unchanged from the approved budget. Total
revenue is projected at $5,581,000 including $5.5M of lodging tax collections and $63.0K
of interest earnings. After several years of growth, during a period of inflation and increased
visitation, occupancy and average daily rates (ADRs) are normalizing. 2024 year-to-date
lodging tax collections through November are trending 0.4% above 2023 collections and are
forecasted to end the year 0.2% above 2023. 2025 budgeted lodging tax revenues of
$5,518,000 represent a 1.0% increase from 2023 actual collections, and a 0.3% increase
from the 2024 forecast. This projection is conservative and consistent with the town’s current
projected sales tax revenue for 2025.
Staff will continue to review 2025 projections throughout the year.
43
Town of Vail Page 3
The current 2025 approved budget includes operating expenditures (excluding event funding) of
$6,503,000. This supplemental budget proposes to reduce operating expenditures by
$922,000 to $5,581,000, which is equal to total projected revenue. This is a 16% decrease
from the 2024 amended budget, and a 14% decrease from the current approved budget.
Additional detail on the proposed expenditure reductions is included below:
•Total decrease, one-time expenses $922,000
o New Brand/Logo Launch:$490,000
o Fee Reductions (AI, Content, Web): $85,042
o International Trade Show Booth: $50,000
o YouTube Video Production:$170,000
o Database Subscriptions: $31,565
o Paid Media: $95,393
Budgeted expenditures also include a $3,000,000 placeholder for special event funding,
unchanged from the current 2025 approved budget. This includes $2,982,500 for events and
a $17,500 business license administrative fee paid to the General Fund (5% of business license
revenue). The town council through a resolution recently extended additional responsibilities to
the VLMDAC, which now provides strategic policy direction for the activities of the town’s
Tourism and Economic Development department. As a first step towards that transition, staff
have shifted event funding oversight to the Vail Local Market District. These expenditures are
directly offset by $3,000,000 in transfers from the Town of Vail General and Marketing funds.
Total proposed 2025 combined operating and event funding expenditures total
$8,581,000. The 2025 ending fund balance is projected to be $3,158,303, which is 57% of
revenues and is above Council’s directive of 25% of annual lodging tax revenues.
V.ACTION REQUESTED OF VAIL TOWN COUNCIL
The Vail Local Marketing District requests approval or approval with changes to the proposed
supplemental budget, decreasing expenditures by a total of $922,000 from $9,503,000 to
$8,581,000.
44
2025 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL LOCAL MARKETING DISTRICT
2024 Amended
Budget 2024 Forecast 2025 Budget
1st
Supplemental
Proposed 2025
Amended
Budget
Income
Lodging Tax 5,395,000 5,500,571 5,518,000 5,518,000
Interest Income 65,000 240,000 63,000 63,000
Total Income 5,460,000 5,740,571 5,581,000 - 5,581,000
Operating Expense
Destination 1,600,900 1,600,900 1,389,166 (85,172) 1,303,994
Reduce Destination Digital Marketing
(-$85.2K)
International 172,300 172,300 253,000 (50,000) 203,000 Decrease international trade shows (-$50.0K)
Front Range 289,560 289,560 418,485 418,485
Groups and Meetings 320,667 320,667 368,290 368,290
Public Relations Expenses 156,500 156,500 156,500 156,500
Content/Influencer Strategy 142,533 142,533 161,060 (29,160) 131,900
Reduce organic social media strategy and transition
(-$29.2K)
Photography / Video 390,200 370,200 390,200 (210,000) 180,200
Eliminate video strategy and management
associated with Brand Launch (-$170.0K); Reduce
Winter photo/video asset capture (-$40.0K)
Research 232,115 226,215 221,979 (59,000) 162,979
Eliminate future partner - destination analyst (-
$59.0K)
Website 455,030 425,030 462,566 (20,370) 442,196
Reduce web enhancements (-$10.0K) and website
content / optimization (-$10.4K)
Admin Miscellaneous 27,600 27,600 22,725 22,725
Email Marketing 383,700 383,700 387,850 387,850
Branding 779,500 548,500 506,000 (231,000) 275,000
Eliminate 2025 (-$131.0K) brand launch and 2026
campaign concept/production (-$100.0K)
Contingency 250,000 5,000 100,000 100,000
Database Warehousing and Research 500,227 450,227 523,424 (11,565) 511,859
Eliminate AI facilitation (-$20.0K); Increased cost of
Data Subscriptions ($8.4K)
In-Market Marketing 116,315 110,715 273,080 (200,000) 73,080 Eliminate in-resort brand launch (-$200.0K)
45
2025 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL LOCAL MARKETING DISTRICT
2024 Amended
Budget 2024 Forecast 2025 Budget
1st
Supplemental
Proposed 2025
Amended
Budget
Marketing Sponsorship 50,000 50,000 50,000 50,000
Professional Fees
Legal and Accounting 32,000 32,000 32,000 32,000
Advertising Agent Fees 244,681 244,681 267,354 (10,221) 257,133 Reduce Media Fees ($-10.2K)
Town of Vail Service Fees 231,512 231,512 258,512 (15,512) 243,000
True-up reimbursement for Digital Content Creator
to align with contract (-$15.5K)
Vail Valley Partnership Service Fees 105,722 105,722 108,309 108,309
Professional Fees - MYPR 152,500 152,500 152,500 152,500
Total Professional Fees 766,415 766,415 818,675 (25,733) 792,942
Total Operating Expense 6,633,563 6,046,063 6,503,000 (922,000) 5,581,000
Surplus (Deficit) from Operations (1,173,563) (305,492) (922,000) 922,000 -
Special Events
Business License Fees - - 350,000 350,000
Transfer from General Fund for Special Events - - 2,650,000 2,650,000
Placeholder for Special Event Funding - - (2,982,500) (2,982,500)
Business License Administration Fee - - (17,500) (17,500)
Net Increase/(Decrease) due to Special Events - - - - -
Revenue Under/(Over) Expeditures (1,173,563) (305,492) (922,000) 922,000 -
Beginning Fund Balance 3,463,795 3,463,795 2,510,628 3,158,303
Ending Fund Balance 2,290,232 3,158,303 1,588,628 3,158,303
Fund Balance (25% required)42%57%29%57%
46
DISCOVER VAIL STRATEGIC PLAN
& SUPPLEMENTAL BUDGET REQUEST
January 21, 2025
47
1.Discover Vail Strategic Plan and Alignment to Town Council Strategic Plan
2.Strategic Action Plan Development Timeline
3.Brand Platform Development
4.Vail Local Marketing District Budget Expectations
5.2025 Supplemental Budget Reduction Request
Agenda
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
BRAND PLATFORM DEVELOPMENT
63
Brand Platform: Final Brand Positioning
64
●Brand Platform was finalized November, 2024
●Focus Groups will be conducted Q1 2025 on logo options
●Board decision to hold on launching a new logo in 2025
●Will revisit launching a new brand logo as part of the 3-year Strategic Action Plan
Brand Platform Development
65
VLMD BUDGET EXPECTATIONS
66
Operating Budget
The annual operating budget is intended for marketing expenditures. The expenditures
are not to exceed annual revenues.
Contingency
Undedicated funds allocated in the annual operating budget to address unforeseen
costs or time-sensitive marketing opportunities. Supplemental not required.
Reserves/Fund Balance (above 25% of annual revenues)
VLMD reserves are intended to remain available to support unique, one-time marketing
expenditures, not to support normal operating costs.
Reserves/Fund Balance (below 25% of annual revenues)
VLMD reserves are intended to remain available to address significant events that could
negatively affect revenue (i.e. fire, recession). When utilized, these funds are to be used
for one-time marketing expenditure, not to support normal operating costs.
VLMD Budget Expectations
↑25%
↓ 25%
67
2025 SUPPLEMENTAL BUDGET REDUCTION REQUEST
68
2024 Preliminary Results
2024 Preliminary Results 2024 Budget 2024 Estimated
Actuals
Variance
Lodging Tax $5,395,000 $5,500,571 $105,571
Interest $65,000 $240,000 $175,000
Total Revenue $5,460,000 $5,740,571 $280,571
Expenditures ($6,653,563)($6,046,063)$607,500
Use of Fund Balance ($1,173,563)($305,492)$868,071
Ending Fund Balance $2,290,232
(42%)
$3,158,303
(47%)
VLMD was budgeted to use $1.17M of reserves in 2024 but instead is forecasted to use
$305.5K mainly due to expenditure savings, leaving a Fund Balance at $3.2M, 57%
69
2024 Preliminary Results
Expenditures Savings
Vail Brand Launch $ 201,000
Data Subscription $ 70,000
Vendor Expenses $ 91,500
Contingency $ 245,000
Estimated Total $ 607,500
70
2025 Proposed Amended Summary
2025 Revenue Projection (no change) $ 5,581,000
● Lodging Tax revenue is forecasted at $5,518,000
●Interest revenue is projected at $63,000
2025 Original Budgeted Expenditures $ 6,503,000
2025 Proposed Amended Budgeted Expenditures $ 5,581,000
71
2025 Proposed Amended Budget
Original Budget $ 6,503,000
Reduction of one time spends ($ 922,000)
New Brand/Logo Launch ($ 490,000)
Fee Reductions (AI, Content, Web) ($ 85,042)
International Trade Show Booth ($ 50,000)
YouTube Video Production ($ 170,000)
Database Subscriptions ($ 31,565)
Paid Media ($ 95,393)
Adjusted 2025 Budget $ 5,581,000
Use of Fund Balance $ 0 72
Future expenditures will align with
outcomes of the Strategic Action Plan
Use of Reserves:
2023: $ 437.5K
2024: $ 305.5K
2025 Budget: $ 922K
Amended 2025: $ 0
VLMD Revenue / Expenditures
73
Available Reserves
above 25%: $ 1,705,803
Vail Local Marketing District Reserves
57%
29%
57%
74
Action Requested of Vail Local Marketing District
Approve or approve with changes the 2025 supplemental budget request to
reduce the VLMD budget by $922,000 from $6,503,000 to $5,581,000.
75
76
AGENDA ITEM NO. 4.4
Item Cover Page
DATE:January 21, 2025
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Agreement
AGENDA SECTION:Consent Agenda (6:10pm)
SUBJECT:Contract Award to Emergent Execs for Leadership Development
Program
SUGGESTED ACTION:Authorize the Town Manager to enter an agreement, in a form
approved by the Town Attorney, with Emergent Execs for a
Leadership Development Program, not to exceed $138,500.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
2025-01-21 Council Memo, Leadership Dev Agreement
77
To: Town Council
From: Human Resources & Risk Management Department
Date: January 21, 2025
Subject: Contract Award for Leadership Development Program – Emergent Execs
I. INTRODUCTION
In spring 2024, the Town Council established a strategic goal to support access to leadership
development training for Vail’s workforce. In summer of 2024, the Town issued an RFP seeking
qualified firms to develop a comprehensive leadership development program that would initially be
delivered within the Town of Vail employee base with the potential to expand the program to the
greater community in later years.
II. PROGRAM SUMMARY AND RECOMMENDATIONS
After review of more than 30 responses to the request for proposals, town staff worked with
Emergent Execs to design a robust leadership academy program that provides leadership
development education for employees at all levels of the organization. This includes the
development of a competency model and customized learning curriculum to ensure that all training
is deeply rooted in and reflective of TOV’s values, goals, and objectives. This work also supports
broader organizational and cultural enhancement efforts and sets a foundation for ongoing talent
acquisition and management strategies.
Emergent Execs specializes in leadership training, executive coaching, and management training
solutions, serving a wide range of clients from Fortune 500 companies to large government
agencies. A group of Town of Vail leaders participated in a sample training and planning session
with Emergent Execs as part of the selection process. An initial program, “Pathways to Excellence:
Leading Self” will focus on self-awareness, emotional intelligence, and intentionality to cultivate
habits for long term success. Participants will leave this training with a personalized leadership
action plan that builds on their strengths and establishes a foundation for ongoing growth.
Participants may progress into advanced learning tracks under the program “Pathways to
Excellence: Advancing Your Leadership Journey”, featuring custom curriculum designed to
develop specific leadership competencies for three distinct cohorts based on roles: Individual
Contributor, Supervisors/Managers, and Senior Managers/Executives.
This agreement with Emergent Execs provides the initial framework, curriculum development, and
implementation of a comprehensive leadership development program set to kick off in early 2025.
The creation and delivery of the initial program and advanced learning tracks will result in a fully
developed program to support multiple cohorts and is available for future delivery by Emergent
Execs and/or Town of Vail. The 2025 budget includes $125,000 for the program plus additional
78
Town of Vail Page 2
funding from the Town Manager contingency of $13,500 will provide full funding for the program at
$138,500.
III. ACTION REQUESTED BY THE TOWN COUNCIL
Authorize the Town Manager to enter into an agreement with Emergent Execs, in a form approved
by the Town Attorney, for an amount not to exceed $138,500.
79
AGENDA ITEM NO. 4.5
Item Cover Page
DATE:January 21, 2025
SUBMITTED BY:Stephanie Bibbens, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:10pm)
SUBJECT:Contract Award to Hallmark Inc for the Ford Park Retractable
Bollard Project
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Hallmark Inc. for the Ford Park
Retractable Bollard Project, in an amount, not to exceed $300,000.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo 1-7-25
80
To:Town Council
From:Public Works Department
Date:January 7, 2025
Subject:Ford Park Retractable Bollard Contract Award
I.SUMMARY
The Town of Vail has $400k remaining in the Vail Pedestrian Safety budget to install
two retractable bollards at the entrance to East Betty Ford Way to restrict and control
vehicular access into Ford Park. The proposed bollards are retractable to allow
authorized vehicles to access as needed. The project also will function as a pilot test of
retractable bollards to better understand their operations and maintenance in Vail and
determine if they might be appropriate in other key high pedestrian areas.
Town staff advertised the project for public bid in November and received only one bid
from Hallmark Inc. in the amount of $410,000. Hallmark Inc. has experience in Vail and
Ford Park, and most recently completed the improvements to West Betty Ford Way.
Since the bid opening town staff, the design consultant, Hallmark and the retractable
bollard vender met to find savings in the project. After thoroughly vetting the project, the
team was able to reduce the project installation costs to not exceed $300,000; a portion
of which ($105,000) will be funded by the MMOF grant received in the fall of 2022.
The project is scheduled to start at the end of April and be completed by the end of
May, so that it does not interfere with any scheduled events at the Ford Park
Amphitheater. The bollards themselves have a 12-16 week lead time and will need to
be ordered in the next couple of weeks in order to meet that timeline.
II.RECOMMENDATION
Staff recommends awarding the contract to Hallmark, Inc in an amount not to exceed
$300,000 in a form approved by the Town Attorney.
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Town of Vail Page 2
Retractable Bollard Location
Ford Park
East Betty Ford way
82
AGENDA ITEM NO. 5.1
Item Cover Page
DATE:January 21, 2025
TIME:90 min.
SUBMITTED BY:Lauren Noll, Finance
ITEM TYPE:Ordinance
AGENDA SECTION:Public Hearings (6:10pm)
SUBJECT:Ordinance No. 24, Series of 2024, Second Reading, An Ordinance
Amending Chapter 4-14 of the Vail Town Code to Establish
Regulatory Fees for Short-Term Rentals (6:10pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 24,
Series of 2024 upon second reading.
PRESENTER(S):Carlie Smith, Finance Director
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
213137- STR Fee Technical Memo 5-12-22
250121 STR Fee Ordinance 24 2024
STR Fee-O011625
012125 STR 2nd reading powerpoint
Short Term Rental Public Comment
83
213137- STR Fee Technical Memo 5-12-22
M EMORANDUM
To: Kathleen Halloran, Finance Director, Town of Vail
From: Andrew Knudtsen and Rachel Shindman, Economic &
Planning Systems
Subject: Short Term Rental Fee Analysis; EPS #213137
Date: May 12, 2022
This technical memorandum summarizes the study supporting a
fee program to be applied to short term accommodation unit (short
term rental or “STR”) licensees in the Town of Vail. Economic &
Planning Systems (EPS) was retained by the Town of Vail to
determine a reasonable fee for this program. The analysis
demonstrates a reasonable relationship between guest spending
from STRs in the town and the demand for housing. The study
uses economic impact techniques to quantify the relationships
between guest spending when staying in STRs and the number of
jobs and employee-households supported in the local economy by
that spending.
Guests staying in STRs spend money in the local economy. This
spending is primarily in the retail, food and beverage, and recreation
industries, and in turn creates local jobs. These jobs generate
demand for households, which then seek housing units. Many of the
jobs created are at wage levels that do not pay enough for
employees to afford market rate housing in the town. The basis of
this fee is therefore the gap between what employees can afford and
the cost to purchase a home in the Town of Vail.
The calculation also accounts for the possibility that a home used as
an STR could be occupied by a local resident, and the fee is further
based on the difference between the impact of guest spending in the
local economy and the baseline impact of local resident spending.
Rationale
This regulatory fee is needed to support the local labor force and
Town housing programs that sustain the tourism economy in Vail.
Without an adequate supply of housing and housing support
programs, the Town risks losing some of its labor supply that is
essential to the businesses in which STR guests spend money
during their stay. This is important, as tourism is a primary
element of the Town’s economic base.
EXHIBIT A
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If businesses do not have an adequate labor force and if workers do not have adequate
housing, the guest experience and the Town’s economy are likely to degrade.
STR owners or hosts will pay an annual licensing fee under this program. The fee payers
receive benefits through investment by the Town in housing for the workforce needed to
sustain the visitor economy. STR owners and operators are likely to benefit from the
supply of labor and from investments the Town will make using the fee revenue on
housing for the local workforce. Having more housing options for the local workforce is
also likely to benefit the fee payers in better customer service through increased
employee retention and reduced employee turnover.
Methodology
This analysis uses a jobs-housing economic impact model to quantify the jobs and
households supported by guest spending in STRs. The analysis begins by quantifying the
jobs supported by spending. Next, several analytical steps are taken to translate the
supported jobs to employees and employee-households (where a household is a group of
people, related or unrelated, living in one occupied dwelling unit).
The IMPLAN model (Impact Analysis for Planning) was used to estimate the relationships
between spending and jobs supported. IMPLAN was developed by the Bureau of Land
Management, U.S. Forest Service, and the University of Minnesota and is widely used by
state and federal agencies, academic researchers, and local economic development
organizations to evaluate the economic impacts of proposed policies, new industries, and
land use changes.
The conversion of jobs (from IMPLAN) to employee households uses analytical techniques
commonly used in housing economics and affordable housing studies as discussed further
in the body of this memorandum.
Data Sources
Analysis inputs come from the following sources:
• Accommodation inventory: Town of Vail (number of units, number of bedrooms,
average number of bedrooms per unit)
• STR occupancy rates: Inntopia
• Guest spending: Vail Lodging Guest Survey, 2017-2019 (RRC Associates)
• Home prices: Multiple Listing Service (MLS)
• Wages by Occupation: Bureau of Labor Statistics (BLS)
• Median household income: U.S. Census (ACS 5-year estimates, Town of Vail)
• Jobs per employee: 2016 Vail Employer Survey Results (RRC Associates)
• Employees per household: U.S. Census (ACS 5-year estimates, Town of Vail)
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Guest Spending Analysis
• Guest spending – Guest spending was modeled on the average expenditure across
all accommodation types, with data inputs from the Vail Lodging Guest Survey
averaged over the 2017 to 2019 time period (RRC Associates). The survey data
provides per unit expenditures by type; based on this data, expenditures average
$898 per unit per day, including $428 on food and beverage, $300 on retail/shopping,
and $170 on entertainment and recreation.
• Jobs supported by industry – The spending associated with guests is applied to the
IMPLAN model as an “industry output” event for the three affected industries (NAICS
72 – Accommodation and Food Services, NAICS 44-45 – Retail Trade, and NAICS 71
– Arts, Entertainment, and Recreation). IMPLAN applies industry expenditure flows
through its input-output model and estimates the spending and jobs supported in the
20 major industries in the North American Industry Classification System (NAICS).
• Jobs to employees (multiple job holder adjustment) – An adjustment is made
to acknowledge that many employees have more than one job, such as two part time
jobs or a full time and a part time job. So as not to overestimate the number of
employees supported, the number of jobs is reduced using a factor of 1.20 jobs per
employee. This factor is specific to the Town of Vail, as reported in the 2016 Vail
Employer Survey Results report (RRC Associates).
• Employees by industry to occupations and wages – A NAICS industry contains a
wide range of job types and wage ranges. For example, a worker in the retail NAICS
sector could be an accountant (for the retailer) or retail showroom employee. The
range of wages and occupations supported is better represented by the 21 Standard
Occupational Classifications defined by the Bureau of Labor Statistics (BLS). The
National Industry by Occupation Matrix published by the BLS provides the estimated
distribution of occupations and wages for each NAICS category. The results from the
IMPLAN analysis are applied to the Industry by Occupation Matrix to estimate the
number of jobs by wage level supported.
• Household formation – A final adjustment is made to account for the fact that
many households have more than one earner. This adjustment has the effect of
raising the collective income of the employees within a household, thus increasing the
amount the employee-household can pay for housing and reducing the gap between
their ability to pay and the cost of housing. In the Town of Vail, there are an average
of 1.85 earners per household (US Census ACS 5-Year estimates). In this analysis,
the first earner earns the wage derived from the economic impact analysis and
allocation to occupations. The “second” 0.85 earner is assumed to earn 0.85
multiplied by average wage in the industry of the primary earner.
• Tabulation of households by income range – The last step involves counting the
number of households supported by income range, expressed as a percentage of Area
Median Income (AMI). Given the breadth of need addressed by housing programs and
policies in the Town of Vail, all households earning up to 200 percent of AMI are
included for this analysis. The AMI definitions are based on the Colorado Housing and
Finance Authority (CHFA) 2020 income limits for Eagle County.
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Local Resident Household Analysis
The last component of the analysis involves isolating the difference between guest
spending and local resident household spending. To do this, the same steps outlined
above are undertaken for a resident household earning the local median income of
$89,987 (as reported in the U.S. Census ACS 2019 data for Vail) to document the jobs
supported from household spending in the economy.
This household income is input to the IMPLAN model, which applies an expenditure profile
(including savings) specific to the household income range. The model then estimates the
spending and jobs supported in the 20 major NAICS industries. The same steps to
determine need by AMI range are completed, and this housing need is then subtracted
from that of guest spending, resulting in the needs associated with guest spending above
those of a local resident household.
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Analysis
Guest Spending
Guest spending was modeled on the average per-unit expenditure across all
accommodation types, with data inputs from the Vail Lodging Guest Survey averaged over
the 2017 to 2019 time period (RRC Associates). Within the IMPLAN model 1,000
accommodation units were modeled in order to establish an appropriate scale of analysis.
Per unit and per bedroom adjustments are made later in the model to calibrate the fee.
As shown in Table 1, with an average daily spending rate of $898 per unit per day,
1,000 units results in total annual spending of $327.9 million. Note that at this point in
the analysis 100 percent occupancy (365 days of spending) is used. The average annual
occupancy rate adjustment is applied later in the analysis.
Table 1. Guest Spending
Description Factors
Guest Spending -
All
Program
Units 1,000
Guest Spending (per unit per day)
Food & beverage $428
Retail/shopping $300
Entertainment/recreational activities $170
Total $898
Annual Guest Spending (per unit per year)
Food & beverage 365 days (100% occ.)$156,233
Retail/shopping 365 days (100% occ.)$109,539
Entertainment/recreational activities 365 days (100% occ.)$62,144
Total $327,916
Total Guest Spending
Food & beverage 1,000 units $156,233,398
Retail/shopping 1,000 units $109,538,597
Entertainment/recreational activities 1,000 units $62,143,716
Total $327,915,711
Source: RRC Associates; Economic & Planning Systems
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Jobs, Employees, and Households
As shown in Table 2, the spending associated with 1,000 accommodation units supports
3,208.15 jobs. The industries with the most jobs are those with direct spending impacts –
specifically accommodation and food services; arts, entertainment and recreation; and
retail.
Following total jobs, the next step is to translate jobs to employees. In today’s economy
it is common for people to hold more than one job. To step down from jobs to employees,
jobs are divided by a factor of 1.20 jobs per employee. As shown in Table 2, the
3,208.15 jobs supported by 1,000 accommodation units results in 2,673.46 employees
after the adjustment for multiple job holders.
Table 2. Jobs and Employees by Industry Supported from Guest Spending
Guest Spending
Description
Jobs by Industry
(IMPLAN Results)
Employees by
Category
Jobs to Employee Conversion Factor 1.20
Industrial Sectors
11 Ag, Forestry, Fish & Hunting 3.87 3.22
21 Mining 0.50 0.42
22 Utilities 2.62 2.18
23 Construction 13.92 11.60
31-33 Manufacturing 1.51 1.26
42 Wholesale Trade 15.52 12.93
44-45 Retail trade 453.41 377.84
48-49 Transportation & Warehousing 32.90 27.42
51 Information 11.71 9.76
52 Finance & insurance 43.32 36.10
53 Real estate & rental 117.30 97.75
54 Professional- scientific & tech svcs 85.72 71.44
55 Management of companies 20.92 17.44
56 Administrative & waste services 101.20 84.33
61 Educational svcs 14.11 11.76
62 Health & social services 58.41 48.67
71 Arts- entertainment & recreation 536.29 446.91
72 Accomodation & food services 1,637.30 1,364.41
81 Other services 50.88 42.40
91-99 Government & non NAICs 6.74 5.62
Total 3,208.15 2,673.46
Source: IMPLAN; Economic & Planning Systems
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Employee to Household Conversion
To translate employees to households and their related income levels, the analysis steps
are as follows:
• Employees by Occupation – The jobs by NAICS classification are converted to more
specific occupation categories to obtain a more detailed distribution of wage levels for
the new jobs, since using the average wage for an industry masks the upper and
lower wage levels. The BLS National Industry by Occupation Matrix provides the
estimated distribution of occupations for each NAICS category. The wages for each
occupation in Eagle County are estimated by indexing the national wages by
occupation and industry to the average wage in that industry for Eagle County.
• Employees to Households – The next adjustment for estimating housing demand is
to account for multiple earners per household. On average, there are 1.85 earners per
household in the Town of Vail. This adjustment reduces the 2,673.46 employees
supported from guest spending in 1,000 accommodation units to 1,445.11 employee-
households.
• Wages and Household Income – The next step in the employee and household
analysis is to estimate household incomes accounting for the wages from the primary
and secondary earners in the household. The primary earner – the jobs estimate from
the IMPLAN analysis – is assigned the average wage for their industry and occupation.
The second 0.85 earner (totaling 1.85 earners per household) is assumed to make
the average wage for the industry in which the primary earner is employed.
Households and Target Income Ranges
The last step in the guest
spending analysis is to tabulate
the employee-households at
income levels of 200 percent of
AMI or less. For guest spending
in 1,000 accommodation units,
there are 1,426.3 employee
households supported below 200
percent of AMI, as shown in
Table 3. Of the 1,445.1 total
employee-households
supported, 98.7 percent are at
incomes of 200 percent of AMI
or less. The balance of 1.3
percent are compensated
sufficiently to afford market rate
housing. These are the
employee households needed to
support the spending in the
economy from 1,000 STR units.
Table 3. Households by AMI Supported by Guest Spending
Guest Spending - All
Total Households Generated per 1,000 Units 1,445.1
Households by Income Range
30% of Median 0.0
50% of Median 0.0
80% of Median 282.0
100% of Median 950.4
120% of Median 50.8
150% of Median 90.6
200% of Median 52.5
Total - Target Income Ranges 1,426.3
Percent of Households Generated 98.7%
Source: Economic & Planning Systems
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Employee-Household Housing Gap
To determine affordability needs, the gap for households earning up to 200 percent AMI
(by AMI category) is calculated based on the cost to purchase a home in the town,
estimated using the median cost for attached homes (e.g., condos). Housing costs were
based on sales during the four-year period from 2018 through 2021. This calculation
assumes an income for a 2.5-person household as a proxy for an average household size
and uses CHFA income levels for Eagle County as those are the income definitions used in
most housing qualification processes.
As shown in Table 4, affordable prices at these AMI levels range from $55,700 at 30
percent AMI to $726,800 at 200 percent AMI. With a median home cost of $1,250,000, the
gap per unit ranges from $1,194,300 at 30 percent AMI to $523,200 at 200 percent AMI.
Table 4. Affordable Price and Gap by Income Range
AMI
Description 30%60%80%100%120%150%200%
HH Income and Housing Expense
HH Income (2.5-person household)2.5 pp/hh $25,500 $51,000 $68,000 $85,000 $102,000 $127,500 $170,000
Affordable Monthly Housing Cost 30%$638 $1,275 $1,700 $2,125 $2,550 $3,188 $4,250
Supportable Monthly Payment
Less: Insurance $2,500/year -$208 -$208 -$208 -$208 -$208 -$208 -$208
Less: Property Taxes 7.15% ass't rate 50.751 mills -$20 -$60 -$80 -$100 -$120 -$160 -$210
Less: Miscellaneous (e.g. HOA Dues)$1,500/year -$125 -$125 -$125 -$125 -$125 -$125 -$125
Net Supportable Mortgage Payment (Monthly)$284 $882 $1,287 $1,692 $2,097 $2,694 $3,707
Valuation Assumptions
Loan Amount $52,900 $164,200 $239,700 $315,100 $390,600 $501,900 $690,500
Mortgage Interest Rate 5.0% int. 5.0% int. 5.0% int. 5.0% int. 5.0% int. 5.0% int. 5.0% int.
Loan Term 30-year term 30-year term 30-year term 30-year term 30-year term 30-year term 30-year term
Downpayment as % of Purchase Price 5.0% down pmt 5.0% down pmt 5.0% down pmt 5.0% down pmt 5.0% down pmt 5.0% down pmt 5.0% down pmt
Maximum Supportable Purchase Price $55,700 $172,800 $252,300 $331,700 $411,200 $528,300 $726,800
Cost per Unit $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000
Gap per Unit $1,194,300 $1,077,200 $997,700 $918,300 $838,800 $721,700 $523,200
Source: Economic & Planning Systems
Factor
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Local Resident Spending
To isolate the effect of guest spending on housing need, a similar methodology was
followed to determine the relationship between a local resident household and housing
need. This was then subtracted from the guest impact.
Local resident spending was modeled based on the median household income in Vail of
$80,987, as reported in the U.S. Census 2019 American Community Survey. As with
guest spending, 1,000 households were modeled and per household adjustment is made
to calculate the final fee. As shown in Table 5, a household income of $80,987 results in
a disposable income of $58,774 after accounting for payroll tax. Based on these figures,
the total disposable income for 1,000 households is $58.77 million.
Table 5. Local Resident Household Income
Description Factors Local Spending
Program
Units 1,000
HH Income (Vail median)ACS 2019 5-Yr Estimate $80,987
Minus Payroll Tax
Federal $12,697
FICA $5,021
Medicare $1,174
State $3,321
Total Deductions $22,213
Net Pay / Adjusted Household Income $58,774
Total Annual Household Income 100%$80,987,000
Total Annual Payroll Rax 27%-$22,213,000
Disposable Income 73%$58,774,000
Source: US Census; Economic & Planning Systems
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This income was input to IMPLAN, which then calculates the jobs supported by this
household spending. As shown in Table 6, 1,000 households earning the median income
support 312.72 jobs. Applying the multiple jobholder factor of 1.20 jobs per employee,
this spending results in 260.60 employees.
Table 6. Jobs and Employees by Industry Supported from Local Spending
Local Spending
Description
Jobs by Industry
(IMPLAN Results)
Employees by
Category
Jobs to Employee Conversion Factor 1.20
Industrial Sectors
11 Ag, Forestry, Fish & Hunting 1.01 0.84
21 Mining 0.10 0.09
22 Utilities 0.63 0.52
23 Construction 3.94 3.28
31-33 Manufacturing 0.47 0.39
42 Wholesale Trade 5.60 4.67
44-45 Retail trade 47.77 39.81
48-49 Transportation & Warehousing 9.53 7.94
51 Information 3.72 3.10
52 Finance & insurance 18.83 15.69
53 Real estate & rental 46.47 38.73
54 Professional- scientific & tech svcs 15.20 12.67
55 Management of companies 1.66 1.38
56 Administrative & waste services 21.54 17.95
61 Educational svcs 7.00 5.83
62 Health & social services 50.17 41.81
71 Arts- entertainment & recreation 11.74 9.79
72 Accomodation & food services 40.19 33.49
81 Other services 25.30 21.08
91-99 Government & non NAICs 1.86 1.55
Total 312.72 260.60
Source: IMPLAN; Economic & Planning Systems
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These employees were then categorized by occupation and wage and converted into
employee households following the same methodology for guest spending. As shown in
Table 7, local resident household spending supports a total of 140.90 employee-
households, 93.0 percent (131.0 households) of which fall at or below 200 percent of
AMI. Affordability needs of these households are determined using the same methodology
outlined for guest spending.
Table 7. Households by AMI Supported by Local Spending
Local Spending
Total Households Generated per 1,000 Units 140.9
Households by Income Range
30% of Median 0.0
50% of Median 0.0
80% of Median 18.0
100% of Median 60.1
120% of Median 13.8
150% of Median 28.6
200% of Median 10.5
Total - Target Income Ranges 131.0
Percent of Households Generated 93.0%
Source: Economic & Planning Systems
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Fee Calculation
This section outlines the calculation of the accommodation unit license fee. There are four
key components to the fee calculation:
• Households Supported – The number of households at or below 200 percent of AMI
supported by guest spending form the basis of the fee, as these represent employees
needed in the community who cannot otherwise afford housing.
• Occupancy Rate – The impacts of guest spending were determined assuming 100
percent occupancy (i.e., 365 days per year) for modeling purposes and needs to be
adjusted for annual occupancy rates. An occupancy rate of 40.0 percent is applied to
the housing demand, based on the occupancy data for properties in Zone 1 and Zone 2
from 2016 through 2019 as well as 2021 (2020 was excluded, as COVID impacts
made the data non-representative of local conditions).
• Affordability Gap – The affordability gap per household and AMI range described
earlier ranges from $523,200 at 200 percent of AMI to $1,194,300 at 30 percent of
AMI. The number of households in each AMI category (after accounting for the
occupancy rate) are multiplied by the gap per household to calculate the total
affordability gap. This gap is calculated for both guest spending and local spending.
Based on this calculation, the gap per accommodation unit is $515,216 and the gap
per local household/housing unit is $110,819.
• Adjustment for Local Households – To isolate the impact of guest spending above
the impact of a local household, the gap associated with local household spending
($110,819) is subtracted from the gap associated with guest spending ($515,216).
This results in a net gap per accommodation unit of $404,397.
This fee is then adjusted to reflect a per-bedroom figure (rather than per unit). EPS’s
analysis of the Town’s STR data indicates that STRs have an average of 2.28 bedrooms
per unit. This is then annualized over 30 years (divided by 30), which is a typical financing
period for a long-term housing investment. Based on this analysis, the maximum fee per
bedroom is $5,912, as shown in Table 8. This maximum fee amount is the annualized
cost of providing housing to the local workforce supported by guest spending.
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Table 8. Fee Calculation
Local Spending Guest Spending - All
Households Generated (per 1,000 units)A
30% of Median 0.0 0.0
50% of Median 0.0 0.0
80% of Median 18.0 282.0
100% of Median 60.1 950.4
120% of Median 13.8 50.8
150% of Median 28.6 90.6
200% of Median 10.5 52.5
Total per 100 Units 131.0 1,426.3
Per 1.0 Units 0.13 1.43
STR Occupancy Rate B 40.0%
Net Households Generated (per 1,000 units)C
30% of Median A x B 0.0 0.0
50% of Median 0.0 0.0
80% of Median 18.0 112.7
100% of Median 60.1 379.7
120% of Median 13.8 20.3
150% of Median 28.6 36.2
200% of Median 10.5 21.0
Total per 1,000 Units 131.0 569.8
Per 1.0 Units 0.13 0.57
Gap per Household by AMI Range D
30% of Median $1,194,300 $1,194,300
50% of Median $1,077,200 $1,077,200
80% of Median $997,700 $997,700
100% of Median $918,300 $918,300
120% of Median $838,800 $838,800
150% of Median $721,700 $721,700
200% of Median $523,200 $523,200
Total Gap E
30% of Median C x D $0 $0
50% of Median $0 $0
80% of Median $17,918,868 $112,400,795
100% of Median $55,196,836 $348,678,886
120% of Median $11,568,172 $17,037,798
150% of Median $20,634,526 $26,123,638
200% of Median $5,500,933 $10,975,135
Total $110,819,335 $515,216,252
Gap (Fee) per Unit F
E / 1000 -$110,819 -$515,216
Net STR Gap per Unit (minus local spend)-$404,397
Avg. Number of Bedrooms 2.28
Net STR Gap (Fee) per Bedroom -$177,367
Annualized Fee per Bedroom 30 years $5,912
Source: Economic & Planning Systems
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Final Fee
The fee outlined above represents the maximum reasonable fee to be charged under this
program. Communities will generally apply a mitigation rate to this fee to determine the
final fee to be charged.
As shown in Table 9, a mitigation rate of 15 percent would result in an annual per
bedroom fee of $890, a 50 percent mitigation rate would result in a $2,960 annual fee,
while a 65 percent mitigation rate would result in a fee of $3,840 per bedroom annually.
Table 9. Mitigation Rates
Over time, as development opportunities within communities have become limited, as
market pressures have increased, and as commute-sheds have grown, local officials have
increased mitigation rates, reflecting a greater pressure on the need for local affordable
housing. Mitigation rates in peer communities for similar programs (STR fees, residential
linkage fees, and commercial linkage fees) range from 15 percent to 65 percent, with
many programs falling in the middle of that range.
Description Fee Per Bedroom
Maximum Annual Fee $5,912
Mitigation Rate
15%$890
20%$1,180
25%$1,480
30%$1,770
35%$2,070
40%$2,360
45%$2,660
50%$2,960
55%$3,250
60%$3,550
65%$3,840
Source: Economic & Planning Systems
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Owner-Occupied Short Term Rentals
In the Town of Vail, owner-occupied properties are limited to 30 days or less of short
term rentals per year. A unit rented for a maximum of 30 days per year represents a
maximum occupancy rate of 8.2 percent, and thus justifies a separate fee calculation.
Additionally, since these units are occupied by local residents the impact of guest
spending occurs in addition to the impact of local spending. Thus, the impact of local
household spending is not netted out of the guest spending impact attributed to the STR.
As shown in Table 11, this results in a maximum annual fee per bedroom of $1,550.
As with the standard fee, a mitigation rate would be applied to determine the final fee to
be charged. Examples of the per-bedroom fee at a range of mitigation rate levels are
shown in Table 10. For example, a 15 percent rate would result in an annual per
bedroom fee of $230, a 50 percent mitigation rate would result in a $780 annual fee,
while a 65 percent mitigation rate would result in a fee of $1,010 per bedroom annually.
Table 10. Mitigation Rates – Owner Occupied Units
Description Fee Per Bedroom
Maximum Annual Fee $1,550
Mitigation Rate
15%$230
20%$310
25%$390
30%$470
35%$540
40%$620
45%$700
50%$780
55%$850
60%$930
65%$1,010
Source: Economic & Planning Systems
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Table 11. Fee Calculation – Owner Occupied Units
Guest Spending -
Owner-Occupied
Households Generated (per 1,000 units)A
30% of Median 0.0
50% of Median 0.0
80% of Median 282.0
100% of Median 950.4
120% of Median 50.8
150% of Median 90.6
200% of Median 52.5
Total per 100 Units 1,426.3
Per 1.0 Units 1.43
STR Occupancy Rate B 8.2%
Net Households Generated (per 1,000 units)C
30% of Median A x B 0.0
50% of Median 0.0
80% of Median 23.2
100% of Median 78.1
120% of Median 4.2
150% of Median 7.4
200% of Median 4.3
Total per 1,000 Units 117.2
Per 1.0 Units 0.12
Gap per Household by AMI Range D
30% of Median $1,194,300
50% of Median $1,077,200
80% of Median $997,700
100% of Median $918,300
120% of Median $838,800
150% of Median $721,700
200% of Median $523,200
Total Gap E
30% of Median C x D $0
50% of Median $0
80% of Median $23,123,770
100% of Median $71,732,325
120% of Median $3,505,119
150% of Median $5,374,313
200% of Median $2,257,871
Total $105,993,397
Gap (Fee) per Unit F
E / 1000 -$105,993
Avg. Number of Bedrooms 2.28
Net STR Gap (Fee) per Bedroom -$46,488
Annualized Fee per Bedroom 30 years $1,550
Source: Economic & Planning Systems 99
1
TO: Town Council
FROM: Finance Department
DATE: January 21, 2025
SUBJECT: Ordinance 24, Series of 2024 2nd Reading: Short-term Rental Regulatory Fee
I.BACKGROUND
Earlier this year, the Council requested an update on short-term rentals and asked staff to review
the town's STR (short-term rental) regulations. On November 5th, the Council received a STR
presentation, which included:
•Total number of current STR licensed properties by zone and property type in the town
•Various approaches to regulating STRs, including zoning regulations (such as caps),
ownership duration requirements, and increased fees
•A summary of the STR nexus study that was completed in 2022 supporting an STR
regulatory fee to fund housing initiatives
•Peer community STR regulations and dedicated housing revenues
•A request for Council to define their goals for the STR program in order to guide
recommendations for future change.
During that meeting, the Council supported an increase in STR fees as a way to financially support
community housing projects and programs rather than manage them with zoning, limits, or
ownership time requirements. A study conducted by RRC Associates and Economic Planning
Systems (EPS) supported a regulatory fee.
II. STR ORDINANCE AMENDMENTS
Ordinance 24 Series of 2024 amends the town’s code to establish an annual regulatory fee of
$1,200 per bedroom for short-term rental licenses. This fee, based on the 2022 nexus study, would
apply uniformly to all short-term rentals and would be allocated to support community housing
projects and programs. A $1,200 per bedroom regulatory fee is anticipated to generate an
estimated $7.2M annually from approximately 2,616 short-term rental properties located within
Town of Vail boundaries. This regulatory fee differs from the Town’s current fee ($50 for 24/7 on-
site managed and$250 for offsite managed) which is based only on administrative costs. The
existing administrative fee, designed to cover ongoing program expenses such as staffing,
software, and other operational costs, will remain unchanged. This fee will be increased annually by
the lesser of 3% or the Denver- Aurora- Lakewood Consumer Price Index and will go into effect on
June 30th, 2025, with June 30th becoming the new license renewal date, previously February 28th.
The ordinance also includes a primary residence exemption, which exempts primary residences
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from the fee for those who rent for fewer than 30 cumulative days. This exemption allows primary
residents to rent their homes during specific times of the year while still addressing cases where
primary residents STR a lock-off unit or bedroom for longer periods. Primary residents would still
be required to pay the current administrative fee. Additionally, staff has proposed an exemption for
developments currently within the town’s development process and have received final approvals
from the PEC and design review board. These developments will be exempt from the new fee for
up to one year after receiving their certificate of occupancy.
Ordinance 24 also includes a $115 fee for STRs that schedule their life safety inspection and then
fail to appear at the inspection.
III.STR STUDY SUPPORTING FEE
During 2021 and 2022, the Town contracted with RRC Associates and Economic Planning
Systems (EPS) to perform a comprehensive study of the Vail short-term rental market with the goal
of determining the impact of STRs on the local housing market. The study looked at the STRs by
business license zone, zone district, neighborhood, and property characteristics (bedroom count,
property type), and property usage. The study results suggested that the increased number of
STRs Vail has experienced in recent years has had a modest impact on the overall local owner and
renter-occupied housing inventories. The study also indicated that Vail has one of the highest
proportions of vacant housing units in the State, which could possibly help explain the reason for
only a modest increase in STRs.
To coincide with the comprehensive study, EPS conducted a nexus study that demonstrated
how STRs drive an increased demand for additional employees to support the spending
generated by the STR bed base and, therefore, increase the housing needed for those
employees to live. Specifically, the study found that for every 1,000 accommodation units, visitor
spending generates a demand for 3,208 jobs across all industries in the town. This translates to a
need for 2,673 employees in 1,445 households. Of 1,445 households, 1,426 households are
compensated below the income required to afford market-rate housing, which the study identifies
as 200% of AMI. To make up that gap, the analysis supported a maximum STR fee per bedroom of
$5,912. The gap calculation applied a 40% occupancy rate and went on to exclude housing and
employee needs based on local spending. An important point to emphasize is that the study did not
find that the STRs are causing the affordability gap. The affordability gap is assumed to result from
a resort town environment with lower worker wages combined with a scarcity of housing in a
desirable housing market.
The study indicates that STRs offering hotel or resort-type amenities, as well as those
located in residential neighborhoods, both have similar demands on employee housing.
Therefore, it advocates for a uniform fee applicable to all types and locations of STRs. The
Town’s legal counsel has also advised implementing a fee would need to be uniform fee across all
STR properties in both Zone 1 and Zone 2, including condo-hotels with 24/7 onsite management
and fractional units. Having a non-uniform fee could lead to potential litigation.
EPS has conducted an initial analysis to update the study and has confirmed that the previously
identified gap has increased. The town will engage EPS and RRC to update the study formally. The
study completed in 2022 is attached.
IV.ACTION REQUESTED OF COUNCIL
Approve, approve with amendments to deny Ordinance 24, Series of 2024?
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ORDINANCE NO. 24
SERIES 2024
AN ORDINANCE AMENDING CHAPTER 4-14 OF THE VAIL TOWN
CODE TO ESTABLISH REGULATORY FEES FOR SHORT-TERM
RENTALS
WHEREAS, the Town commissioned a study, conducted by Economic and
Planning Systems Inc., to evaluate whether short-term rentals ("STRs") create an impact
on the Town's demand for housing (the "Study");
WHEREAS, the Study concluded that STRs play a significant role in creating a
demand for housing;
WHEREAS, the Study used economic impact techniques to quantify the
relationships between guest spending when staying in STRs and the number of jobs and
employee-households supported in the local economy by that spending;
WHEREAS, the Study found that many of the jobs created by STRs are at wage
levels that do not pay enough for employees to afford market rate housing in the Town;
WHEREAS, the Town Council wishes to impose a regulatory fee on STRs, in
accordance with the Study, to fill the gap between what employees can afford and the
costs of housing in the Town; and
WHEREAS, consistent with Colorado Union of Taxpayers Foundation v. City of
Aspen, 418 P.3d 506 (Colo. 2018), the fee imposed by the Town under this Section is
collected from the STR licensees for the primary purpose of defraying the costs of housing
for the local workforce essential to the tourism economy that benefits the STR licensees.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 4-14-1 of the Vail Town Code is hereby repealed in its
entirety and replaced as follows:
§ 4-14-1 PURPOSE AND APPLICABILITY.
(A) The purpose of this Chapter is to:
(1) Establish a comprehensive licensing program to safeguard
the public health, safety, and welfare by regulating the use, occupancy,
location, and maintenance of STRs in the Town.
(2) Protect the public health, safety, and welfare by establishing
a STR regulatory fee that will reduce the impacts caused by STRs on
workforce housing in the Town.
(3) Benefit STR licensees by supporting housing policies and
programs for the local workforce that support the Town's economy.
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(4) Address secondary impacts caused by the STR industry by
protecting the character of the local community.
(5) Ensure that the amount of the STR regulatory fee bears a
reasonable relationship to the impacts created by STRs as demonstrated in
a study for the same.
(B) This Chapter shall apply to all STRs in the Town. This Chapter shall
not supersede or affect any private conditions, covenants, or restrictions
applicable to STRs.
Section 2. Section 4-14-3 of the Vail Town Code is hereby amended as follows:
§ 4-14-3 LICENSE REQUIRED.
* * *
(C) Expiration; Renewal. Each STR license shall expire on February 28
June 30 of each calendar year, or when title of the STR transfers to a new
owner, whichever occurs first; each change in ownership of a STR shall
require a new license.
(D) Timing. An initial license application shall be filed at least thirty (30)
days prior to any advertising of an STR. A renewal application shall be filed
by January 31 June 1 of the year in which the license expires.
* * *
Section 3. Section 4-14-9 of the Vail Town Code is hereby renumbered as
Section 4-14-10.
Section 4. Chapter 14 of Title 4 of the Vail Town Code is amended by the
addition of the following new Section 4-14-9:
§ 4-14-9 ANNUAL SHORT-TERM RENTAL REGULATORY FEE.
(A) Fee:
(1) For each new or renewal STR license issued on or after June
30, 2025, the STR license shall be subject to an annual regulatory fee of
one thousand two hundred dollars ($1,200.00) per bedroom (the "STR
Regulatory Fee"). Commencing on June 30, 2026, the STR Regulatory
Fee shall automatically increase by an amount equal to the then-current
Denver- Aurora-Lakewood Consumer Price Index or three percent (3%),
whichever is less.
(2) For an STR that is the applicant's principal place of residence
and rented for less than thirty (30) days total in a license term, no STR
Regulatory Fee shall be due. To exercise this exemption, the applicant
shall submit a signed affidavit, under penalty of perjury, on a form
provided by the Town.
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(3) A residential dwelling unit in a development that has received
final approvals from the Planning and Environmental Commission and
Design Review Board, as applicable, on or before December 31, 2025, shall
be exempt from the STR Regulatory Fee for a period of one year from the
date of issuance of the final certificate of occupancy for such residential
dwelling unit.
(4) No STR license shall be issued until the applicable STR
Regulatory Fee has been received by the Town.
(B) Bedroom Calculation:
(1) The number of bedrooms shall be the number of bedrooms
for the STR as listed in the records of the Eagle County Assessor.
(2) Studios shall be counted as one (1) bedroom.
(C) Regulatory Fee Fund: All STR Regulatory Fee funds collected by the Town
shall be separately accounted and be used to defray the costs of:
(1) Promoting workforce housing in the Town; and
(2) Administering and enforcing this Chapter.
Section 5. Section 4-14-5(B) of the Vail Town Code is amended by the addition
of a new subsection 4, to read as follows:
§ 4-14-5 HEALTH AND SAFETY STANDARDS.
* * *
(B) Inspections:
* * *
(4) For each STR inspection that was requested and the licensee
failed to appear for or allow the inspection when scheduled, there shall be
a fee of one hundred fifteen dollars ($115), which shall be paid to the Town
prior to rescheduling such inspection.
Section 6. 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 7. 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 8. 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
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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 9. 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 17th day of December, 2024 and
a public hearing for second reading of this Ordinance set for the 21st day of January,
2025, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Travis Coggin, Mayor
ATTEST:
Stephanie Kaufmann, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2025.
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffman, Town Clerk
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Short Term Rental Ordinance
January 21st, 2025
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Town Council | Finance |
Council STR Goals
What is Council’s Goal?
Council’s goal is to have short-term rentals contribute financially to
the community's employee housing gap with fees to generate funds
for community housing. This is supported by a nexus study
completed in 2022.
During the 1st reading, Council supported an annual fee of $1,200 per
bedroom
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Town Council | Finance |
STR Ordinance Changes
•New Renewal Date: June 30th
•$1,200 per Bedroom Regulatory Fee
•Effective June 30th, 2025
•Bedroom count based on assessor’s website
•Annual increase: lessor of Denver CPI or 3%
•Fee will go to the Town’s Housing Fund to be spent on community
housing projects and programs
•Exemptions:
•30‐day exemption for primary residents
•1 year exemption from Certificate of Occupancy for developments
with final PEC and Design Approval
•“No‐show” Inspection Fee: $115
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8
Town Council | Finance |
2022 STR Economic Nexus Study- EPS
1,132 Employees1,358 Jobs 612 Employee Households
Spending from guests at 1,000 accommodation
units (Adjusted for 40% Occupancy)
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Town Council | Finance |
2022 STR Economic Nexus Study- EPS
$404.4K or $5,912/
per bedroom
570 out of 612
Household Income
is below 200% AMI
Market Rate Housing in
Vail (200% AMI)
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Draft 2025 Housing Needs Assessment
Note: 2018 HNA showed a
need of 5900 units by 2025,
Progress was made but it
didn’t keep up / catch up with
demand.
Under construction and entitled units
have not been netted out yet.
Housing Projects
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Town Council | Finance |
Housing Projects
An increase in STR fees would go towards community housing
projects, programs and initiatives.
•Purchase of new Timber Ridge Units: $25M
•West Middle Creek‐268 rental units: $161M
•Development of East Vail CDOT Parcel
•Vail InDeed program enhancements
•Partner with other communities and organizations towards
down valley projects such as Eagle ‐Vail parcel development
•Add environmental efficiencies to current and future housing
projects (20% price increase)
•More subsidies of current and future housing projects to be
closer to 100% AMI affordability
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Town Council | Finance | 5/7/2024
COUNCIL DIRECTION
Does the Council have any additional
feedback or changes prior to adopting
Ordinance 24, Series of 2024?
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AGENDA ITEM NO. 5.2
Item Cover Page
DATE:January 21, 2025
TIME:20 min.
SUBMITTED BY:Jamie Leaman-Miller, Community Development
ITEM TYPE:Action Items
AGENDA SECTION:Public Hearings (6:10pm)
SUBJECT:Resolution No. 3, 2025, A Resolution of the Vail Town Council
Approving an Amendment to the Lionshead Redevelopment
Master Plan to Accommodate Future Development on the
Evergreen Lodge at Vail Development Site (7:40pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny the amendment to the
Lionshead Redevelopment Master Plan.
PRESENTER(S):Jamie Leaman-Miller, Planner II
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Staff Memorandum 01-21-25
Resolution No. 3, Series of 2025
PEC24-0047 Staff Memo 12-09-24
PEC_Results_12-9-24
Staff Presentation 01-21-25
Applicant Presentation - 01-21-25
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TO:
FROM:
DATE:
Vail Town Council
Community Development Department
January 21, 2025
SUBJECT: Resolution No. 3, Series of 2025, Amendment to the Lionshead Redevelopment
Master Plan
I.PURPOSE
The purpose of is item is to request Council approve, approve with modifications, or
deny Resolution No. 3, Series of 2025, for an amendment to the Lionshead
Redevelopment Master Plan (PEC24-0047)
II.BACKGROUND/SUMMARY
The Lionshead Redevelopment Master plan was adopted in December of 1998. In
December of 2005, Resolution No. 23, Series of 2005 was approved by the Vail Town
Council amending the LRMP to include detailed plan recommendations for the
Evergreen Lodge site and amend the boundaries of the Lionshead Study Area.
Additionally, Ordinance No. 30, Series of 2005, was adopted establishing Lionshead
Mixed Use 1 District zoning for the Evergreen Lodge parcel. The section was amended
again in 2015 to update the recommendations for the Evergreen site in conjunction with
the land exchange with Vail Health. The plan’s recommendations for the Evergreen site
include the elimination of surface parking and improved pedestrian circulation along the
South Frontage Road and connection to West Meadow Drive.
Section 5.19 contains the detailed plan recommendations for the Evergreen site. The
proposed amendment would amend two sub-sections to the Evergreen
recommendations. The first change would add new language in Section 5.19.7, creating
a build-to line along the south property line of the Evergreen site, where it integrates
with the proposed park. This build-to line would supersede the 10’ setback currently in
place. While the existing zoning of Lionshead Mixed Use -1 (LMU-1) has setbacks of
10’, the LRMP identifies a 30’ front setback along the south frontage road to
accommodate a large utility easement. Section 8.3.4.1 of the LRMP details the use of
build-to lines in the plan, their use being to better define the existing public spaces, and
to create new ones.
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The second change is a new Section 5.19.10 addressing the relationship between the
Evergreen site and Lot 10, reflecting the opportunity for a partnership to create a park
on the site. The proposed language and figure for these sections is detailed in the
attached resolution.
The PEC reviewed the item on December 9th, 2024 and forwarded a recommendation of
approval to the Town Council with a 4-2 vote (Rediker, McBride opposed). The minutes
for that meeting are attached.
III.RECOMMENDATION
On December 9th, 2024, the Planning and Environmental Commission forwarded a
recommendation of approval to the Vail Town Council.
Should Council approve the resolution, Staff recommends the following motion:
I move to approve Resolution No. 3, Series of 2025, A resolution of the Vail Town
Council adopting an amendment to the Lionshead Redevelopment Master Plan.
IV.ATTACHMENTS
A.Resolution No. 3, Series of 2025
B.Staff Memo to PEC - Dec. 9th, 2024
C.PEC Minutes – Dec. 9th, 2024
D.Staff’s Presentation – Jan. 21, 2025
E.Applicant’s Presentation – Jan. 21, 2025
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RESOLUTION NO. 3
SERIES 2025
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN
AMENDMENT TO THE LIONSHEAD REDEVELOPMENT MASTER PLAN
TO ACCOMMODATE FUTURE DEVELOPMENT ON THE EVERGREEN
LODGE AT VAIL DEVELOPMENT SITE
WHEREAS, on December 15, 1998, the Town Council adopted the Lionshead
Redevelopment Master Plan (the "Master Plan") by Resolution No. 14, Series 1998;
WHEREAS, on November 8th, 2024, pursuant to Section 2.8 of the Master
Plan, HCT Member LLC ("Applicant") filed an application to amend the Master Plan
(the "Application")
WHEREAS, on December 9, 2024, the Planning and Environmental Commission
(the "PEC") held a properly-noticed public hearing on the Application, and recommended
that the Town Council approve the Application; and
WHEREAS, on January 21, 2025, the Town Council held a properly-noticed
public hearing on the Application.
NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
Section 1. The Town Council hereby approves the update to the Master Plan
as set forth in Exhibit A, attached hereto and incorporated herein by this reference.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 21st DAY
OF JANUARY, 2025.
______________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kaufmann, Town Clerk
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EXHIBIT A
Master Plan Amendment
1. Section 5.19.7 of the Master Plan is amended as follows:
5.19.7 Setbacks.
Special consideration should be given to the setback of buildings from the South
Frontage Road. Pursuant to the Lionshead Mixed Use-1 zone district setback
standards, a minimum 10' setback is required. Given the relationship of the
development site to the South Frontage Road, the need for adequate area for
vehicular traffic circulation, the importance of a landscape area to visually screen
the massing of the building, and the existence of a 30-foot wide utility easement
along the southerly edge of the South Frontage Road, the minimum required front
setback for the Evergreen Lodge development site shall be 30'. This increased
setback requirement shall supersede the 10' setback requirement prescribed in
Section 12-7H-10, Setbacks, Vail Town Code.
Based upon the coordinated efforts between the Evergreen Lodge and the Vail
Valley Medical Center, opportunities exist for a covered parking deck and
pedestrian access landscape plaza to be developed between the properties with
the goal of screening surface parking and enhancing the visual quality of the area.
If appropriately designed, a reduced or zero setback in these areas may be
proposed for review during the development review process. Additionally, below
grade improvements, including but not limited to, parking and vehicular circulation
improvements may be developed within the required setbacks, if found to be
consistent with the Town’s development objectives.
Because Lot 10 is to be developed through a coordinated effort with the Evergreen
Lodge and the Town, Figure 4 (below) identifies a new build-to line between the
Evergreen Lodge and Lot 10. This build-to line supersedes the 10' setback of the
zone district.
2. The Master Plan is amended by the addition of a new Section 5.19.10, to read as
follows:
5.19.10 Relationship to Lot 10 Park.
With the land exchange that was completed between Vail Health (formerly the Vail
Valley Medical Center) and the Evergreen Lodge, Lot 10, which is owned by the
Town, becomes an important interface with the future redevelopment of the
Evergreen Lodge. Lot 10 is currently developed as a parking lot used by the Vail
Library, West Meadow Drive connecting to the Vail Civic Center and to Lionshead
Village, and landscape improvements located on the south side of West Meadow
Drive. Pursuant to the Civic Center Plan, the area north of West Meadow Drive of
Lot 10 will be developed as a small park. The Town has granted an access
easement from West Meadow Drive to the Evergreen Lodge property to allow
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pedestrian access and create some integration of the Evergreen Lodge to the
pedestrian experience on West Meadow Drive.
The Evergreen Lodge will fund, design, construct, and maintain the park
improvements on the north side of Lot 10 as part of the Evergreen Lodge
redevelopment. Recognizing this seamless integration of the two properties, there
is no need for the typical 10' building setback - instead, a build-to line is identified
on Figure 4 below. Lot 10 will also accommodate underground utilities below Lot
10 so as not to interfere with the development of a park. Figure 4 shows a
conceptual integration of the improvements, subject to change through the Town's
standard approval process.
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TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: December 9, 2024
SUBJECT: A request for recommendation to the Vail Town Council, pursuant to Section 3-2-
6A, Function, Vail Town Code, to amend Section 5.19 of the Lionshead
Redevelopment Master Plan and setting forth details in regard thereto. (PEC24-
0047)
Applicant: HCT Member LLC, represented by Mauriello Planning Group
Planner: Jamie Leaman-Miller
I. INTRODUCTION/OVERVIEW
The applicant, HCT Member LLC, represented by Mauriello Planning Group, is
requesting a recommendation to the Vail Town Council, pursuant to Section 3-2-6A,
Function, Vail Town Code, to amend Section 5.19 of the Lionshead Redevelopment
Master Plan.
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval to the Vail Town
Council, to amend Section 5.19 of the Lionshead Redevelopment Master Plan.
Lot 10 is a Town-owned parcel located on West Meadow Drive between Vail Health and
Dobson Ice Arena. The parcel is .46 acres and the northern portion is currently
developed as a surface parking lot utilized by the Vail Library staff and patrons requiring
accessible parking. The site is bisected by the West Meadow Drive bus route and the
southern portion includes a green space adjacent to the Gore Valley Trail.
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Location of Lot 10 Pictured
The Evergreen Lodge property is located to the north of Lot 10. In February of 2022, the
property initiated development plans for a major redevelopment of the Evergreen
Lodge, which included applications to the PEC for a major exterior alteration, conditional
use permit, and variance. These applications were approved by the PEC in November
of 2022. The redevelopment plans include vehicular access from the South Frontage
Road and public pedestrian corridor between the frontage road and West Meadow
Drive. The Evergreen holds a pedestrian access easement across Lot 10 to West
Meadow Drive.
Rendering of Evergreen Lodge Redevelopment Application
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The Lionshead Redevelopment Master plan was adopted in December of 1998.
In December of 2005, Resolution No. 23, Series of 2005 was approved by the Vail
Town Council amending the LRMP to include detailed plan recommendations for the
Evergreen Lodge site and amend the boundaries of the Lionshead Study Area.
Additionally, Ordinance No. 30, Series of 2005, was adopted establishing Lionshead
Mixed Use 1 District zoning for the Evergreen Lodge parcel. The section was amended
again in 2015 to update the recommendations for the Evergreen site in conjunction with
the land exchange with Vail Health. The plan’s recommendations for the Evergreen site
include the elimination of surface parking and improved pedestrian circulation along the
South Frontage Road and connection to West Meadow Drive.
Section 5.19 contains the detailed plan recommendations for the Evergreen site. The
proposed amendment would amend two sub-sections to the Evergreen
recommendations. The first change would add new language and diagram in Section
5.19.7, creating a build-to line along the south property line of the Evergreen site, rather
than the 10’ setback currently in place. While the existing zoning of Lionshead Mixed
Use -1 (LMU-1) has setbacks of 10’, the LRMP identifies a 30’ front setback along the
south frontage road to accommodate a large utility easement. Section 8.3.4.1 of the
LRMP details the use of build-to lines in the plan, their use being to better define the
existing public spaces, and to create new ones.
The second change is a new Section 5.19.10 addressing the relationship between the
Evergreen site and Lot 10, reflecting the opportunity for a partnership to create a park
on the site. The proposed language is detailed in the following section.
II. PROPOSED AMENDMENTS
The revised sections of the LRMP are provided below. The new text proposed to be
added is in bold.
5.19.7 Setbacks
Special consideration should be given to the setback of buildings from the South
Frontage Road. Pursuant to the Lionshead Mixed Use -1 zone district setback
standards, a minimum 10-foot (10’) setback is required. Given the relationship of the
development site to the South Frontage Road, the need for adequate area for vehicular
traffic circulation, the importance of a landscape area to visually screen the massing of
the building, and the existence of a 30-foot wide utility easement along the southerly
edge of the South Frontage Road, the minimum required front setback for the
Evergreen Lodge development site shall be thirty feet (30’). This increased setback
requirement shall supersede the 10-foot setback requirement prescribed in Section 12-
7H-10, Setbacks, Vail Town Code.
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Based upon the coordinated efforts between the Evergreen Lodge and the Vail Valley
Medical Center, opportunities exist for a covered parking deck and pedestrian access
landscape plaza to be developed between the properties with the goal of screening
surface parking and enhancing the visual quality of the area. If appropriately designed,
a reduced or zero set back in these areas may be proposed for review during the
development review process. Additionally, below grade improvements, including but
not limited to, parking and vehicular circulation improvements may be developed
within the required setbacks, if found to be consistent with the Town’s development
objectives.
Because Lot 10 is to be developed through a coordinated effort with the
Evergreen Lodge and the Town of Vail, a build-to line has been identified between
the Evergreen Lodge and Lot 10. As stated in the Town Code, this build-to line
supersedes the 10 ft setback of the zone district. Figure 4 identifies the new build-
to line between the properties.
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Town of Vail Page 5
5.19.10 Relationship to Lot 10 Park
With the land exchange that was completed between Vail Health (formerly the Vail
Valley Medical Center) and the Evergreen Lodge, Lot 10, which is owned by the
Town, becomes an important interface with the future redevelopment of the
Evergreen Lodge. Lot 10 is currently developed as a parking lot used by the Vail
Library; West Meadow Drive connecting to the Vail Civic Center and to Lionshead
Village; and landscape improvements located on the south side of West Meadow
Drive. The Civic Center Plan indicates that the area north of West Meadow Drive
of Lot 10 should be developed as a small park area. The Town has previously
granted an access easement from West Meadow Drive to the Evergreen Lodge
property to allow pedestrian access and create some integration of the Evergreen
Lodge to the pedestrian experience on West Meadow Drive.
The opportunity exists to more fully integrate the planning, design, and function
of the Lot 10 park with the redevelopment of the Evergreen Lodge so that the two
properties are seamless in design and function. One way to accomplish this
seamless approach is to have the Evergreen Lodge fund, design, construct, and
maintain the park improvements on this north side of Lot 10 as part of the
Evergreen Lodge redevelopment. This can be accomplished by having the two
parties enter into a legal arrangement (license, easement, or lease of some sort)
to allow this to occur.
Recognizing this seamless integration of the two properties, there is no need for
the typical 10’ building setback. Instead, a build-to line has been identified on
Figure 4. Lot 10 would also be available to accommodate underground utilities
below Lot 10 in such a way as they do not interfere with the development of a
park. Additionally, Figure 4 shows a conceptual integration of the improvements,
subject to change through the approval process with the Town of Vail.
III. APPLICABLE PLANNING DOCUMENTS
Title 12 Zoning Regulations
Article 12- 7H Lionshead Mixed Use 1 ( LMU- 1) District ( in part)
12-7H-1 PURPOSE.
(A) The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of
multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge dwelling
units, restaurants, offices, skier services, and commercial establishments in a clustered,
unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead
Redevelopment Master Plan, is intended to ensure adequate light, air, open space and
other amenities appropriate to the permitted types of buildings and uses and to
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Town of Vail Page 6
maintain the desirable qualities of the zone district by establishing appropriate site
development standards. This zone district is meant to encourage and provide incentives
for redevelopment in accordance with the Lionshead Redevelopment Master Plan.
(B) This zone district was specifically developed to provide incentives for properties
to redevelop. The ultimate goal of these incentives is to create an economically vibrant
lodging, housing and commercial core area. The incentives in this zone district include
increases in allowable gross residential floor area, building height and density over the
previously established zoning in the Lionshead Redevelopment Master Plan study area.
The primary goal of the incentives is to create economic conditions favorable to
inducing private redevelopment consistent with the Lionshead Redevelopment Master
Plan. Additionally, the incentives are created to help finance public off site
improvements adjacent to redevelopment projects. With any
development/redevelopment proposal taking advantage of the incentives created
herein, the following amenities will be evaluated: streetscape improvements;
pedestrian/bicycle access; public plaza redevelopment; public art; roadway
improvements; and similar improvements.
LIONSHEAD REDEVELOPMENT MASTER PLAN
2.3 Policy Objectives
The Town Council adopted six policy objectives on November 4, 1996 to outline the
important issues to be addressed in the master plan and to provide a policy framework
for the master planning process.
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a
warmer, more vibrant environment for guests and residents. Lionshead
needs an appealing and coherent identity, a sense of place, a personality,
a purpose, and an improved aesthetic character.
2.3.2 Vitality and Amenities
We must seize the opportunity to enhance guest experience and
community interaction through expanded and additional activities and
amenities such as performing arts venues, conference facilities, ice rinks,
streetscape, parks and other recreational improvements.
2.3.4 Stronger Economic Base Through Increased Live Beds
In order to enhance the vitality and viability of Vail, renewal and
redevelopment in Lionshead must promote improved occupancy rates and
the creation of additional bed base (“live beds” or “warm beds”) through
new lodging products. Live beds and warm beds are best described as
residential or lodging rooms or units that are designed for occupancy by
visitors, guests, individuals, or families on a short term rental basis. In
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Town of Vail Page 7
order to improve occupancy rates and create additional bed base in
Lionshead, applications for new development and redevelopment projects
which include a residential component shall provide live beds in the form
of accommodation units, fractional fee club units, lodge dwelling units,
timeshare units, attached accommodation units (i.e, lock-off units), or
dwelling units which are included in a voluntary rental management
program and available for short term rental. Further, it is the expressed
goal of this Plan that in addition to creating additional bed base through
new lodging products, there shall be no net loss of existing live beds within
the Lionshead Redevelopment Master Plan study area.
2.3.4 Improved Access and Circulation
The flow of pedestrian, vehicular, bicycle and mass transit traffic must be
improved within and through Lionshead.
2.3.5 Improved Infrastructure
The infrastructure of Lionshead (streets, walkways, transportation
systems, parking,utilities, loading and delivery systems, snow removal and
storage capacity) and its public and private services must be upgraded to
support redevelopment and revitalization efforts and to meet the service
expectations of our guests and residents.
2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues
Financially creative and fiscally realistic strategies must be identified so
that adequate capital may be raised from all possible sources to fund
desired private and public improvements.
VAIL LAND USE PLAN (IN PART)
1. General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.2. The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded whenever
possible.
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Town of Vail Page 8
4. Village Core / Lionshead
4.1 Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial development in the Core
areas needs to be carefully controlled to facilitate access and delivery.
4.2 Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved through implementation of the Urban
Design Guide Plan and the Vail Village Master Plan.
4.4 The connection between the Village Core and Lionshead should be
enhanced through: a. Installation of a new type of people mover. b.
Improving the pedestrian system with a creatively designed connection,
oriented toward a nature walk, alpine garden, and/or sculpture plaza. c.
New development should be controlled to limit commercial uses.
IV. CONSIDERATION FOR REVIEW
The adoption of an amendment or update to a master plan needs to be in concert with
the Town of Vail’s Comprehensive Master Plan. The adopted master plan shall support,
strengthen, and further the development objectives of the town. To ensure consistency
with these objectives, the following factors for consideration are applied:
A. How conditions have changed since the original plan was adopted.
The proposed amendment acknowledges previous planning efforts and adds
additional details incorporating recent changes. Since the last amendment to this
section in 2015, the Vail Health hospital completed a significant expansion and
the Evergreen received approval for a major redevelopment. The Civic Area
planning was also completed which identifies the importance of Lot 10 and a
potential park on the site.
The proposal reflects the updated planning context and expands upon the
relationship between the Evergreen and Lot 10, facilitating the connection
between the South Frontage Road and West Meadow Drive. The language
reflects the opportunity for a public-private partnership to achieve integrated
planning and design between the two sites, where the park could serve as a
central plaza connecting the village core with the civic area and Lionshead.
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Town of Vail Page 9
Build-to lines are utilized in the LRMP and laid out in Map S, on page 243 of 247
of the LRMP. The purpose of the build-to lines superseding setbacks is to create
a pedestrian corridor similar to the Village where the buildings frame the
pedestrian experience. Referring to Map S the build-to lines denote the main
route through the Lionshead Village. The proposed addition of a build-to line for
the Evergreen does not achieve the same effect of the other build-to lines in the
main portion of the Lionshead Village as it is a standalone line for a single
property compared to a corridor. However, the amendment also proposes to
integrate the park into the Evergreen design and provide a seamless experience
between the two lots. As the park will function as a pedestrian space and an
extension of the public realm the traditional need for a setback is not necessary
in this specific location.
B. How is the original plan in error?
While the previous plan is not in error, the proposed amendment provides in
update to the master plan incorporating the changes since the last update
concerning this area nine years ago.
The approved development for the Evergreen achieves the LRMP
recommendations of covered parking with a landscape lid, as well as pedestrian
circulation between South Frontage Road and West Meadow Drive. Currently
however the LRMP does not elaborate on how to complete the final portion of the
connection to West Meadow Drive. This proposal expands on the goals for Lot
10 and its integration with the Evergreen site to achieve a coordinated vision for
the area.
C. How the addition, deletion, or change to the Vail Land Use Plan is in concert with
the plan in general.
Section 2.3 of the Lionshead Redevelopment Master Plan outlines the six policy
objectives of the plan. Staff believes the following objectives are the most
applicable to this review.
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a
warmer, more vibrant environment for guests and residents. Lionshead
needs an appealing and coherent identity, a sense of place, a personality,
a purpose, and an improved aesthetic character.
2.3.2 Vitality and Amenities
We must seize the opportunity to enhance guest experience and
community interaction through expanded and additional activities and
amenities such as performing arts venues, conference facilities, ice rinks,
streetscape, parks and other recreational improvements.
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Town of Vail Page 10
2.3.4 Improved Access and Circulation
The flow of pedestrian, vehicular, bicycle and mass transit traffic must be
improved within and through Lionshead.
2.3.5 Improved Infrastructure
The infrastructure of Lionshead (streets, walkways, transportation
systems, parking,utilities, loading and delivery systems, snow removal and
storage capacity) and its public and private services must be upgraded to
support redevelopment and revitalization efforts and to meet the service
expectations of our guests and residents.
2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues
Financially creative and fiscally realistic strategies must be identified so
that adequate capital may be raised from all possible sources to fund
desired private and public improvements.
V. RECOMMENDED MOTION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval, to the Vail Town
Council, pursuant to Section 3-2-6A, Amendment, Vail Town Code, for the update to the
Lionshead Redevelopment Master Plan. (PEC24-0047) Staff’s recommendation is
based upon the review of the criteria described in Section IV of this memorandum and
the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, for this request, the Community Development
Department recommends the Commission pass the following motion:
“The Planning and Environmental Commission forwards a recommendation of
approval, to the Vail Town Council, pursuant to Section 3-2-6A, Function, Vail Town
Code, to amend Section 5.19 of the Lionshead Redevelopment Master Plan, and setting
ford details in regard thereto. (PEC24-0047)
Should the Planning and Environmental Commission choose to forward a
recommendation of approval, for this request, the Community Development
Department recommends the Commission makes the following findings:
“Based upon the review of the criteria outlined in Section IV of this Staff memorandum
to the Planning and Environmental Commission dated December 9, 2024 and the
evidence and testimony presented, the Planning and Environmental Commission finds:
1. That the master plan 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
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Town of Vail Page 11
2.That the master plan amendment furthers the general and
specific purposes of the zoning regulations; and
3. That the master plan 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."
VI.ATTACHMENTS
A.Applicant’s Narrative
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Planning and Environmental Commission Minutes
Monday, December 9, 2024
1:00 PM
Vail Town Council Chambers
Present: David N Tucker
William A Jensen
John Rediker
Scott P McBride
Brad Hagedorn
Robyn Smith
Absent: Robert N Lipnick
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. Main Agenda
3.1
A request for a recommendation to the Vail Town Council of an application to
reestablish Special Development District No. 43, pursuant to Section 12 -9(A), Special
Development Districts, Vail Town Code, to allow for the development of a hotel addition,
add conference space and an employee housing apartment building, and related uses
and improvements, located at 2211 North Frontage Road West which is composed of
Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone
Filing 3, and setting forth details in regard thereto. (PEC24-0039)
The applicant requests this item be tabled to the December 23rd PEC Meeting.
Planner: Greg Roy
Applicant Name: TNFREF III Bravo Vail LLC represented by Mauriello Planning Group
Robyn Smith made a motion to Table to the December 23, 2024 meeting; Brad Hagedorn seconded
the motion Passed (5 - 0).
3.2
A request for review of an Exterior Alteration, pursuant to Section 12-7J-12, Exterior
Alterations or Modifications, Vail Town Code, to allow for a hotel addition and an EHU
apartment building, located at 2211 North Frontage Road West which is composed of
Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone
Filing 3, and setting forth details in regard thereto. (PEC24-0044)
The applicant requests this item be tabled to the December 23rd PEC Meeting.
Planner: Greg Roy
Planning and Environmental Commission Meeting Minutes of December 9, 2024
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181
Applicant Name: TNFREF III Bravo Vail LLC, represented by Mauriello Planning Group
Robyn Smith made a motion to Table to the December 23, 2024 meeting; Brad Hagedorn seconded
the motion Passed (5 - 0).
3.3
A request for review of a variance from Section 14-10-4 Architectural Projections, Decks,
Balconies, Steps, Bay Windows and the like, Vail Town Code, pursuant to Title 12
Chapter 17, Variances, Vail Town Code, to allow for an architectural projection to project
more than four feet into a required setback, located at 778 Potato Patch Drive 1/Vail
Potato Patch Filing 1, Block 1, Lot 18 – Irish/Bartlit Condominium and setting forth
details in regard thereto. (PEC24-0046)
Planner: Greg Roy
Applicant Name: Fred Bartlit, represented by Pierce Austin Architects
PEC24-0046 Staff Memo.pdf
Attachment A. PEC24-0046 - Vicinity Map.pdf
Attachment B. Applicant Narrative.pdf
Attachment C. Plan Set 10-28-24.pdf
Timestamp: 00:02:29
Planner Roy gives a presentation. He talks about the variance history on the site and takes
questions from PEC as to site orientation.
Hagedorn asks for clarification on the allowed projections, Roy goes through the setback exhibit.
The variance in 1983 allowed the footprint to go into the 15’ setback.
Smith asks about the material for the awning, Roy says it’s a roof material.
The applicant is represented by Kit Austin and Reed Kildow with Pierce Austin Architects.
Kildow gives a presentation. He talks about the structural considerations. Austin talks about
additional considerations that led them to this solution, the plan is adhering with the original
variance that was granted.
Rediker asks how far from the property line the projections would be? Kildow says it would be around
seven feet from the property line. The deck addition is within the footprint of the existing variance.
Roy talks about the considerations of the 1983 variance. The variance on this property line is adjacent
to the National Forest, not a neighboring property.
Tucker asks if the projection into the setback is the roof? Kildow confirms.
Jensen, where is the closest neighbor?
Roy says there is a neighbor to the north, the variance is on south and east portion of the site.
Rediker asks for public comment. There is none.
Rediker asks for commissioner comment.
Tucker, seems like they’ve done a good job minimizing the projections with the constraints they have.
McBride, agrees with memo.
Planning and Environmental Commission Meeting Minutes of December 9, 2024
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Smith, hardship is the historical location of the structure, variance is warranted. Not adding GRFA, not
special privilege. Covering existing encroachment. There are other setback variances in this neighborhood.
Encourage neighbors to stop calling cops on people recreating legally in their "side yard".
Hagedorn, agrees with Smith. Meets the review criteria, next to USFS land which is a unique situation.
Jensen, agrees with Smith. This is logical because of the 1983 variance.
Rediker, agrees with other commissioners. Not granting special privilege for reasons stated by
Smith, agrees with staff analysis of review criteria.
William A Jensen made a motion to Approve with the condition and findings on page 7 & 8 of the
staff memo; Robyn Smith seconded the motion Passed (6 - 0).
3.4
A request for recommendation to the Vail Town Council, pursuant to Section 3-2-6A,
Function, Vail Town Code, to amend Section 5.19 of the Lionshead Redevelopment
Master Plan, and setting forth details in regard thereto. (PEC24-0047)
Planner: Jamie Leaman-Miller
Applicant Name: HCT Member LLC, represented by Mauriello Planning Group
PEC24-0047 Staff Memo.pdf
Attachment A - Applicant Narrative.pdf
Timestamp: 00:28:58
Leaman-Miller gives a presentation on the application. He goes over the history of the LHRMP and
how it informs the Evergreen development. He goes over the history of that parcel and development
approvals, then over the planning efforts for Lot 10. He describes the amendment the applicant is
proposing. There are two portions, one to permit a build-to line for the evergreen that allows for
building to come up to the property line, and the second which refers to Lot 10 and how it could be a
cooperative effort to develop Lot 10 between the Town and the Evergreen.
Rediker asks to see the plan for the build-to line between the Evergreen and Lot 10. Rediker asks
what the coloring on the Lot 10 diagram indicates. He also asks to see the provisions of the LHRMP.
Jensen notes that he is in favor of the idea of the design of the park, but curious how the maintenance
of the park will be done. As time goes on, the maintenance should be done to the level that the Town
does to maintain Town Parks.
Hagedorn asks why the applicant is doing this application when it is for lot 10. Is this done in
conjunction with the Town.
Leaman-Miller notes that Council is in favor of working on the design of the park with the applicant
and the amendment lays the groundwork for that.
Rediker asks if this wasn’t going on the Town would need a variance for this.
Matt Gennett clarifies that it would be the property owner, not the Town that would need to apply for
the variance.
Dominic Mauriello, representing the applicant gives a presentation on the proposal. Goes over the idea,
and where the concept came from. Talks about the connection between the Evergreen and Meadow Drive
as a pedestrian connection. He refers to the work that is about to start with staff to design the park and
work on agreements for the maintenance and use of the park. Similar language is used for the
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Evergreen’s relationship to Middle Creek and the Hospital.
Mauriello goes over the diagram and the different colors and potential uses for Lot 10. A café is
currently an idea for how to utilize the space of the building at the lowest level that fronts on Lot 10.
Rediker asks if the restaurant would be removed from the lobby if this café was added.
Mauriello says that they may do both. Clarifies that the café would all be in the Evergreen and
outdoor seating could be on Lot 10.
Smith asks if the liquor license could be extended to permit open containers and be a place to
gather before events at Dobson.
Mauriello agrees, the idea is good and they see this used as an area to hang out. The idea is a cool
piece of art that would have draw that people would come to see. There could also be a portion of the
lot that would be used to transition from park to the evergreen landscaping lid.
Hagedorn asks if it is a 12’ step from landscaping lid to the park?
Mauriello confirms. The lid is as low as possible with the uses. The eastern part would have something
to screen the hospital on the eastern side.
Rediker wants to understand the interplay between the café and Lot 10.
Mauriello shows some early concepts for the park.
Rediker asks about if they would need a variance for the building if this gets approved.
Mauriello says that they would not since the build-to lot lines would remove the need for a variance.
Jensen asks how much additional square footage they would get with the building coming up another
10 feet.
Mauriello says it is in a couple thousand square feet, but that they would need to come back for
some conditional use permits, a variance, and a change to the Major Exterior Alteration to make
these changes.
Mauriello continues in other designs.
Jensen asks about ADA access.
Mauriello says that it would be accomplished through the building. Continues on with more
design concepts.
Smith asks what the PECs role in these changes.
Mauriello goes over the changes to the Evergreen that require PEC approval.
Rediker asks why we are looking at this as an amendment to the Master Plan instead of a Variance.
Roy goes over the additional public process involved with the master plan amendment.
Rediker asks if it is because the application wouldn’t meet the variance criteria.
Gennett goes over the LHRMP considerations. The Civic Area plan was not completed until 2019, so
Lot 10 was not contemplated the way it is today in the last amendment to the Evergreen language.
That context has become better defined.
Planning and Environmental Commission Meeting Minutes of December 9, 2024
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Hagedorn asks if this requires the Town to work with the Evergreen with this language added.
Gennett says that this does not bind the Town in any way, but if it does go through it would
require a Development Agreement.
Mauriello adds that LHRMP is peculiar as it has a lot by lot plan. Some could be benefits to the lot,
but other are additional requirements set out in the Master Plan.
Rediker asks the applicant to proceed.
Mauriello rounds out some comments and notes how the change is similar to other times plans
have been changed. Goes over how the application is meeting the criteria listed in the staff report.
Jensen likes to see the café, but seems more like an amenity to the building and how it could be a
better amenity for the park.
Dominic disagrees. Thinks it’s a great amenity.
Jensen follows-up that this could be something more for the public and not a building run business.
Smith says the café could be a great benefit and needs to keep running. The public space needs
something that is going to be active and needs to ensure it is not going to go out of business.
Mauriello says the restaurant may change with the addition of this café. Before the restaurant was a
big driver of foot traffic and now the café may be one of those primary drivers.
McBride asks if the Town will eventually sell the lot to the Evergreen.
Leaman-Miller says that is not in the plan and a development agreement would be required.
Mcbride questions the wording in the memo about the lack of need for a setback. These are still
different properties
Gennett clarifies that the lot will remain in perpetuity a park and that will serve as the buffer from
the right-of-way that would otherwise be done through a traditional setback.
McBride is concerned this will handcuff the Town in the future.
Rediker asks for anymore questions.
Tucker notes that there was good amount of discussion and other members have asked the
questions he had on his mind.
Rediker opens public comment. No public comment in the room or online.
Smith finds the proposal to be exciting. Likes the idea of an outdoor café space. It’s a very Vail way
to develop where the public and private realms are mixed and one is not sure where one ends and
the other begins.
Jensen sees a great value in public/private partnerships and sees this proposal as a great example
of how that is being shown here. The Town will maintain control of the park and that needs to be
maintained in the license agreement. Overall a good partnership.
Hagedorn believes this is a great change. This could add a lot to the area to have this activated space
by the library and Dobson. The additional potential building area is in line with the idea of them
developing the park. If this is done right, no one will recognize that there is a property line there. This
speaks to the European heritage of the Town with also adding a café to the adjacency of the park.
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Tucker agrees with Commissioner Hagedorn. It’s a very complex amount of work done at this point
to ensure it is developed and maintained as being explained.
McBride agrees with Jensen’s comments. Concerned with the building right up to the property line.
There needs to be a tight agreement to maintain that property going forward.
Rediker doesn’t believe that the conditions have changed since the plan was adopted. Does not think
that the plan was in error. Would have preferred the applicant come in and ask for a variance. What is
being done here, is to amend the master plan to remove a setback so the Town can turn over land to
a private enterprise. This is allowing a private developer to build right up to the property line because
the developer has told Town Council that they will build them a park. Our current Council is in a tight
budget and is under pressure. The Town is trading and allowing more development to occur on a lot
adjacent to Town property to not have to finance the development of a park. More ways to get a park
developed without amending a master plan to do it. Goes back to the request is amending a master
plan so the Town doesn’t have to pay to develop a park. This would never happen in any other parcel
or any other part of Town.
Tucker asks about the build-to line in lieue of setbacks of 10 feet and how they relate.
Roy answers that the build-to line supersedes the setback and the amendment is to the Master Plan.
Jensen adds that he believes the public/private partnerships have a trade-offs but makes sense.
Robyn Smith made a motion to Recommend for approval with the findings on page 10 & 11 of the
staff memo; William A Jensen seconded the motion Passed (4 - 2).
Voting For: William A Jensen, Robyn Smith, Brad Hagedorn, David N Tucker
Voting Against: John Rediker, Scott P McBride
4. Approval of Minutes
4.1 PEC Results 11-25-24
PEC Results 11-25-24.pdf
Robyn Smith made a motion to Approve ; David N Tucker seconded the motion Passed (6 - 0).
5. Information Update
5.1 Roadmap to Net Zero Emissions
Attachment A. Regional Net Zero Roadmap Exec Summary.pdf
Attachment B. Regional Net Zero Roadmap Community
Presentation.pdf Memo Roadmap to Net Zero.pdf
Timestamp: 01:53:41
Cameron Millard, Clean Energy Specialist, and Building Official Dan Brown gives a presentation.
The consultants give a presentation, they are Kim Schlaepfer, with Lotus Engineering and
Sustainability and Gina McCrackin with Climate Action Collaborative
Schlaepfer gives a presentation on the net zero code goals.
McCrackin gives a presentation on net zero.
Rediker asks about renewal energy considerations. Schlaepfer talks about the considerations related to
Planning and Environmental Commission Meeting Minutes of December 9, 2024
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186
renewable electricity.
Mike Steiner with Holy Cross Energy, they have a goal of 100% renewable energy by 2030. They are
at 90%, the last 10% is very tricky.
Jensen, how does a storage asset work? Steiner, we can store some of the solar and discharge
that battery during peak hours, we don’t want to waste those kilowatt hours. We want to use this
energy wisely.
Smith, does Holy Cross generate 100% of the energy they distribute? Steiner, we have contracts for a
lot of that energy.
Hagedorn, does distributed rooftop PV still have a place given how green the grid is?
Steiner, yes it does. For bill offsets it makes sense, coupling it with storage is the best approach as
you’re optimizing where you’re self-generating and storing your energy. We don’t like seeing a lot of
capital on a huge solar system on a roof, ROI on that is not great. Maybe the building envelope going
all electric.
Jensen, should homes have storage systems? Steiner, not putting that on the homeowner but there
are benefits to it and increase resiliency when the power goes out.
McCrackin continues presentation. Schlaepfer talks about the outreach in the process.
Jensen, people are asking if they can build homes to the energy code at different price points. Did
you look at construction site management?
Tucker, the Town is updating their inspection process to address this. In the community we have a lot
of second homes with vaulted ceilings, which lose a tremendous amount of energy.
Jensen, how does this group deal with hydronic heat?
Schlaepfer, this stops at the building envelope, does not address boilers for snowmelt although
those can be addressed by the EEOP.
Smith asks about the process going forward. Schlaepfer, adopting this roadmap means the TOV
is committed to the netzero definition by 2030, and is collaborating with regional partners.
McCrackin, this alone would not get us to that goal, but it’s contribution to the suite of tools to
achieve this.
Smith, what does success look like for the TOV?
Schlaepfer, achieving goals, making sure it aligns with the region.
Schlaepfer talks about greenhouse gas reductions.
McCrackin talks about partnerships and coordination.
Chris Lammers is a local builder for 20 years. He talks about a house he built in Wolcott with
these principles.
Schlaepfer talks about some example projects in Eagle and neighboring counties.
Smith wants to understand a Vail specific perspective. Where are we and what does that change entail?
Hagedorn, as a builder you’ll have a big sell to consumer on electric ready.
Planning and Environmental Commission Meeting Minutes of December 9, 2024
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Schlaepfer, where Vail needs to go there may be some tradeoffs. The cooking and fireplace are
probably a smaller part of that energy footprint.
Hagedorn and Schlaepfer talk about gas stove considerations.
Hagedorn, when you’re looking at this during plan review process how will that work? Discussion
ensues on building code compliance.
Rediker, does the IECC mandate in any way all electric?
Schlaepfer, it’s intentionally fuel agnostic, in the 2024 code there is a slight electric preferred approach.
Rediker, what is additional efficiency for very large homes?
Schlaepfer, the most common approach is that large homes have to comply with a
performance pathway.
Rediker, how are governments approaching redevelopment as opposed to new
construction? Hagedorn, you have to meet the new code at a certain threshold.
Rediker, are there ways other municipalities are encouraging people to achieve these net zero
goals? We’re built out in Vail, there are many structures that are hardly touched. Are there ways to
encourage these properties?
Schlaepfer, rebate and incentive programs are the most common for this. There are fewer options
from a regulatory standpoint.
Jensen brings up an example, if you complied with these goals you get a reduction in your
property taxes.
Schlaepfer says Eagle County gets a lot of funding from EEOP fees, which is used for
upgrading properties for energy efficiency.
Jensen talks about a lot of the time the challenge for EV’s is for needed infrastructure updates.
Smith asks to define the value of being above the building code and what that means.
Smith, additional efficiency for large homes is an important topic for Vail. How is this different from
the end user perspective, the non-technical side? What is the path that Vail must take to realize the
roadmap.
Rediker, asks about a natural disaster situation, is that a concern that people will raise if we adopt
all electric? How do you address this to tell the public this is not a concern?
Schlaepfer, gas appliances also don’t work when the power is out. Steiner says we are in wildfire
territory, that is the number one concern. Wildfire mitigation is a top priority, taking measures to
improve resilience of the system. We’re fortunate we generally don’t suffer long outages. You may
get some comments on that, it is an educational opportunity.
Rediker asks about exceptions to all electric as noted for 2030 roadmap.
Schlaepfer says there are exceptions, backup power for places that require it.
Hagedorn asks if they have talked to the Fire Department about storage.
Steiner, installers have fire mitigation efforts that is looked at by fire departments.
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Smith and Steiner discuss storage concerns, Steiner says we don’t enforce this it’s up to
the municipalities and our partners.
Smith, suggest the plan illustrate the cost to the user and cost to the municipality.
Tucker, as a builder, having stuff in the code helps to guide the project to get a client on board
with things that sometimes are significant costs. Would be great to have a workforce to train to
do these things.
6. Adjournment
William A Jensen made a motion to Adjourn ; Robyn Smith seconded the motion Passed (6 - 0).
Planning and Environmental Commission Meeting Minutes of December 9, 2024
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189
PRESENTATION BY
Jamie Leaman-Miller
Planner II
Lionshead
Redevelopment
Master Plan
Amendment
190
Amendment to the LRMP
Town of Vail | vail.gov
The purpose of is item is to request Council approve, approve with
modifications, or deny Resolution No. 3, Series of 2025, for an amendment to
the Lionshead Redevelopment Master Plan (PEC24-0047)
191
Vicinity Map
Town of Vail | vail.gov
The lot is located between Forest Road and Rockledge Road. The development
lot currently contains a duplex structure of which Unit A is the primary unit and
Unit B is the secondary unit.
Lot 10
192
Lionshead Redevelopment Master Plan
Town of Vail | vail.gov
•Adopted in 1998
•Res. 23 (2005): Amendment
included detailed plan
recommendations for
Evergreen Lodge site and
boundaries of the Lionshead
study area
•Ord. 30 (2005): Established
LMU-1 Zoning for the
Evergreen parcel
•Res. 39 (2015): Updated
recommendations for the
Evergreen in conjunction
with land exchange
193
Evergreen Redevelopment
Town of Vail | vail.gov
•Received PEC approval for
a major redevelopment in
December of 2022
•Plans include a public
pedestrian corridor
•Holds a pedestrian access
agreement across Lot 10
Section 5.19 of the LRMP addresses specific recommendations for the Evergreen
Site. These include:
•Elimination of surface parking and creation of more underground parking;
•Improved streetscape and landscaping along the South Frontage Road;
•Improved pedestrian circulation along the South Frontage Road and connection
to West Meadow Drive;
194
Lot 10
Civic Area Plan (2019)
•Facilitates pedestrian connection between W Meadow Drive & South Frontage Road
in conjunction with Evergreen Redevelopment
•Design and animate this public space to make it an appealing destination for
pedestrians along the Town’s primary pedestrian corridor between Vail Village and
Lionshead.
•Coordinate with the Evergreen Lodge on how their improvement plans could
integrate with improvements to Lot 10.
•Town owned parcel of
.46 acres
•Comprised of surface
parking for the library
and green space
adjacent to pedestrian
trail
Town of Vail | vail.gov 195
Proposed Amendment
Town of Vail | vail.gov
Section 5.19.7
Because Lot 10 is to be developed
through a coordinated effort with the
Evergreen Lodge and the Town of
Vail, a build-to line has been
identified between the Evergreen
Lodge and Lot 10. As stated in the
Town Code, this build-to line
supersedes the 10 ft setback of the
zone district. Figure 4 identifies the
new build-to line between the
properties.
196
Proposed Amendment
Town of Vail | vail.gov
5.19.10 Relationship to Lot 10 Park
With the land exchange that was completed between Vail Health (formerly the Vail Valley Medical Center) and the
Evergreen Lodge, Lot 10, which is owned by the Town, becomes an important interface with the future
redevelopment of the Evergreen Lodge. Lot 10 is currently developed as a parking lot used by the Vail Library,
West Meadow Drive connecting to the Vail Civic Center and to Lionshead Village, and landscape improvements
located on the south side of West Meadow Drive. Pursuant to the Civic Center Plan, the area north of West
Meadow Drive of Lot 10 will be developed as a small park. The Town has granted an access easement from West
Meadow Drive to the Evergreen Lodge property to allow pedestrian access and create some integration of the
Evergreen Lodge to the pedestrian experience on West Meadow Drive.
The Evergreen Lodge will fund, design, construct, and maintain the park improvements on the north side of Lot 10
as part of the Evergreen Lodge redevelopment. Recognizing this seamless integration of the two properties, there
is no need for the typical 10' building setback - instead, a build-to line is identified on Figure 4 below. Lot 10 will also
accommodate underground utilities below Lot 10 so as not to interfere with the development of a park. Figure 4
shows a conceptual integration of the improvements, subject to change through the Town's standard approval
process.
197
Build-to Lines
Town of Vail | vail.gov 198
Consideration for Review
Town of Vail | PEC24-0047| vail.gov
The adoption of an amendment or update to a master plan needs to be in concert with
the Town of Vail’s Comprehensive Master Plan. The adopted master plan shall support,
strengthen, and further the development objectives of the town. To ensure consistency
with these objectives, the following factors for consideration are applied:
A.How conditions have changed since the original plan was adopted
B.How is the original plan in error?
C.How the addition, deletion, or change to the Vail Land Use Plan is in concernt
with the plan in general.
199
Recommendation
Town of Vail | PEC23-0047| vail.gov
On December 9th, 2024, the Planning and Environmental Commission
forwarded a recommendation of approval to the Vail Town Council.
Should Council approve the resolution, Staff recommends the following
motion:
I move to approve Resolution No. 3, Series of 2025, A resolution of the Vail
Town Council adopting an amendment to the Lionshead Redevelopment
Master Plan.
200
Thank you
201
LHMP Amendment:
Lot 10 & The Evergreen
Town Council
January 7, 2025
202
Background
•Lot 10 located at 281 West Meadow
Drive
•Owned by Town of Vail
•Currently used as parking lot, roadway,
and landscaping area
•Approximately 19,055 sq. ft. including
area of the roadway
•Lot 10 straddles West Meadow Drive,
provides link between West Meadow
Drive and Civic Plan area
Lot 10
203
Background
•The Evergreen development team and Town
been working on coordinated park design plan
for Lot 10
•Town Council has authorized The Evergreen
development team to take lead in design of
portion of Lot 10 on north side of West
Meadow Drive
•Concept of cooperation is supported by both
the Lionshead Redevelopment Master Plan
and the Civic Center Plan
•Evergreen will fund, construct, and maintain
park/plaza with agreement with the Town
LOT 10 PROJECT 3
LOT 10 PROJECT GOALS TOWN OF VAIL
LOT 10 UNDERSTANDING - CONNECTIONS
Due to its adjacency to many city amenities, Lot
10 must serve to create, enhance, and support
connections to neighboring landmarks. These
connections include:
• Strengthen connections to the adjacent civic
district, including Dobson Arena and the Vail
Public Library.
• Connecting the park to the existing Vail-
Lionshead Bike Path and the Lionshead
Gondola.
• Maintaining a pedestrian bridge connection
across Middle Creek
• Connect pedestrians through the Evergreen
Development to the Frontage Road, navigating
12 ft of grade change.
• Connect to and provide outdoor cafe seating
to serve the proposed co ee program in the
future Evergreen Development.
MIDDLE
CREEK
CORRIDOR
DOBSON
ARENA
VAIL
PUBLIC
LIBRARY
FUTURE
EVERGREEN
DEVELOPMENT “THE LID” OVER
VAIL HEALTH
PARKING
MAINTAIN MIDDLE
CREEK CONNECTION
CONNECT TO
CIVIC DISTRICT
CONNECTION TO
EXISTING BIKE WAY
CONNECTION TO
EVERGREEN + CAFE
CONNECTION
THROUGH SITE
CONNECTION TO
MEADOW DRIVE
204
Background
•Tying The Evergreen seamlessly together with
Lot 10 creates much larger park experience
•Connecting Lot 10 with cafe at The Evergreen
•Up pedestrian promenade though The
Evergreen to restaurant, and connecting to
Vail Municipal site
•Integrating design of Lot 10 with Evergreen
creates opportunity for seamless and well
thought out design that expands park
experience
•More than doubles the park and plaza
experience for the public
LOT 10 PROJECT 4
LOT 10 PROJECT GOALS TOWN OF VAIL
LOT 10 UNDERSTANDING - PUBLIC SPACE EXPANSION
Along with Lot 10, the proposed development
of the adjacent Evergreen project will include
approximately 20,000 additional square feet of fully-
accessible public realm. The design of Lot 10 will
support the invitation to and connection through this
space. Pedestrian paths will navigate through the
development to connect to the Frontage Road and the
proposed restaurant inside the Evergreen lobby:
• The additional public realm within the
Evergreen development increases the area
accessible to the public significantly.
• The design of Lot 10 will welcome and invite
visitors into the public realm within the
Evergreen courtyard.
• The material and aesthetic quality between Lot
10 park and the Evergreen courtyard will feel
cohesive.
APPROX. 20,000 SF
FULLY-ACCESSIBLE
PUBLIC REALM
APPROX. 5,800 SF
PUBLIC CONNECTION
TO FRONTAGE ROAD
LOT 10
FUTURE
EVERGREEN
DEVELOPMENT
PEDESTRIAN
CONNECTION
THROUGH SITE
39,700 SQ. FT.
OF TOTAL PUBLIC REALM
13,900 sf
39,700 sf of total public realm
205
Town Council (12/3/24)
•Town Council reviewed concepts for Lot 10
•Directed staff to enter into a license agreement for The Solaris Group to
Design, Build, and Maintain a public park on Lot 10
•Will move forward with public engagement on park design + DRB
206
PEC (12/3/24)
•Public Hearing held with PEC on December 5, 2024 to review proposed
amendment to the Lionshead Redevelopment Master Plan
•PEC recommended approval of the proposed amendment with a vote of
4-2 (Rediker/McBride opposed)
207
Proposed LHMP Amendment
The proposed text amendment to the LHMP maintains the existing language
that is specifically applicable to the Evergreen Lodge with these additions:
1.Under Section 5.19.7 Setbacks, a paragraph has been added addressing
the proposed build-to line between Lot 10 and the Evergreen Lodge.
2.The addition of a new section, Section 5.19.10 Relationship to Lot 10
Park, that deals specifically with the interaction of the Evergreen Lodge
with Lot 10.
3.A new figure, Figure 4, showing the relationship of the Evergreen Lodge
to Lot 10, and the conceptual goals for the Lot 10 park.
208
Section 5.19.7 Setbacks
Reflects changes to language by the Town Attorney.
Special consideration should be given to the setback of buildings from the South Frontage Road. Pursuant to the
Lionshead Mixed Use-1 zone district setback standards, a minimum 10' setback is required. Given the relationship of the
development site to the South Frontage Road, the need for adequate area for vehicular traffic circulation, the importance of
a landscape area to visually screen the massing of the building, and the existence of a 30-foot wide utility easement along
the southerly edge of the South Frontage Road, the minimum required front setback for the Evergreen Lodge development
site shall be 30'. This increased setback requirement shall supersede the 10' setback requirement prescribed in Section
12-7H-10, Setbacks, Vail Town Code.
Based upon the coordinated efforts between the Evergreen Lodge and the Vail Valley Medical Center, opportunities exist
for a covered parking deck and pedestrian access landscape plaza to be developed between the properties with the goal
of screening surface parking and enhancing the visual quality of the area. If appropriately designed, a reduced or zero
setback in these areas may be proposed for review during the development review process. Additionally, below grade
improvements, including but not limited to, parking and vehicular circulation improvements may be developed within the
required setbacks, if found to be consistent with the Town’s development objectives.
Because Lot 10 is to be developed through a coordinated effort with the Evergreen Lodge and the Town, Figure 4 (below)
identifies a new build-to line between the Evergreen Lodge and Lot 10. This build-to line supersedes the 10' setback of the
zone district.
(Text to be added is shown underlined)
209
Section 5.19.10 Relationship to Lot 10 Park (NEW)
With the land exchange that was completed between Vail Health (formerly the Vail Valley Medical
Center) and the Evergreen Lodge, Lot 10, which is owned by the Town, becomes an important
interface with the future redevelopment of the Evergreen Lodge. Lot 10 is currently developed as a
parking lot used by the Vail Library, West Meadow Drive connecting to the Vail Civic Center and to
Lionshead Village, and landscape improvements located on the south side of West Meadow Drive.
Pursuant to the Civic Center Plan, the area north of West Meadow Drive of Lot 10 will be
developed as a small park. The Town has granted an access easement from West Meadow Drive
to the Evergreen Lodge property to allow pedestrian access and create some integration of the
Evergreen Lodge to the pedestrian experience on West Meadow Drive.
The Evergreen Lodge will fund, design, construct, and maintain the park improvements on the
north side of Lot 10 as part of the Evergreen Lodge redevelopment. Recognizing this seamless
integration of the two properties, there is no need for the typical 10' building setback - instead, a
build-to line is identified on Figure 4 below. Lot 10 will also accommodate underground utilities
below Lot 10 so as not to interfere with the development of a park. Figure 4 shows a conceptual
integration of the improvements, subject to change through the Town's standard approval process.
210
New Figure 4
•Provides a general framework for the
concept of the Lot 10 park
•Recognizes the 12’ grade change
from the Landscape Lid down to W.
Meadow Drive
•Identifies a new build-to one for The
Evergreen at Lot 10
Figure 4
Build-To line between Lot 10
and The Evergreen
211
Build-To Lines
•There is a 30 ft. setback for The Evergreen
property along the Frontage Road right-of-
way required by the Master Plan
•20 ft. more than is required of most
buildings in Lionshead
•Requires that the whole building be pushed
southward
•The proposed build-to line helps to also
mitigate the impact of the extraordinary 30’
setback
30 ft. setback along S.
Frontage Road
212
Priorities for Lot 10 Programming
Cafe
•The Town identified need for activation of
Lot 10, expressing desire for restaurant use
within The Evergreen where it meets Lot 10
•Reworked design and programming of The
Evergreen to provide cafe adjacent to Lot
10, along with providing outdoor seating
serving both cafe and plaza area
•Similar experience to East Meadow Drive
with plazas and dining patios bleeding into
the public realm to activate the street and
plaza experience
LOT 10 PROJECT 11
LOT 10 PROJECT GOALS TOWN OF VAIL
CREEK
BUFFER
CENTRAL
ART
PLAZA
CAFE
PLAZA STEPS
+ SEATING
HOSPITAL
SCREENING
MIDDLE
CREEK
CORRIDOR
FUTURE
EVERGREEN
DEVELOPMENT “THE LID” OVER
VAIL HEALTH
PARKING
+12’
+12’
95’MEADOW DR.
GRADE
CHANGE
LOT 10 CONCEPTUAL PROGRAM
The park will include a variety of program that is
flexible and serves the needs of the community.
The heart of the park is a central plaza which will be
framed by flexible, activated plaza seating. The west
side of the park will seamlessly integrate with the
Middle Creek corridor.
Grade change creates an opportunity for active and
inviting stairs, steps, slopes, or terraces.
213
Priorities for Lot 10 Programming
Central Art Plaza
•As supporter of public art, The Evergreen owner
believes that Lot 10 should be location for an
iconic art piece
•Help to morph current parking on Lot 10 into
memorable public space
•Art plaza concept serves multitude of purposes:
•Marking connection between Vail Village and
Lionshead
•Creating entry into Civic Hub
•Developing a social gathering place along
primary pedestrian route in Vail
LOT 10 PROJECT 11
LOT 10 PROJECT GOALS TOWN OF VAIL
CREEK
BUFFER
CENTRAL
ART
PLAZA
CAFE
PLAZA STEPS
+ SEATING
HOSPITAL
SCREENING
MIDDLE
CREEK
CORRIDOR
FUTURE
EVERGREEN
DEVELOPMENT “THE LID” OVER
VAIL HEALTH
PARKING
+12’
+12’
95’MEADOW DR.
GRADE
CHANGE
LOT 10 CONCEPTUAL PROGRAM
The park will include a variety of program that is
flexible and serves the needs of the community.
The heart of the park is a central plaza which will be
framed by flexible, activated plaza seating. The west
side of the park will seamlessly integrate with the
Middle Creek corridor.
Grade change creates an opportunity for active and
inviting stairs, steps, slopes, or terraces.
214
Priorities for Lot 10 Programming
Plaza Steps and
Seating
•To further art plaza concept and to
address grade change to landscape lid,
team looked to places where steps and
seating areas are used creatively to create
public spaces
•Concepts from other public parks have
been reviewed from pocket park in
Lionshead to a curving staircase in
Barcelona
LOT 10 PROJECT 11
LOT 10 PROJECT GOALS TOWN OF VAIL
CREEK
BUFFER
CENTRAL
ART
PLAZA
CAFE
PLAZA STEPS
+ SEATING
HOSPITAL
SCREENING
MIDDLE
CREEK
CORRIDOR
FUTURE
EVERGREEN
DEVELOPMENT “THE LID” OVER
VAIL HEALTH
PARKING
+12’
+12’
95’MEADOW DR.
GRADE
CHANGE
LOT 10 CONCEPTUAL PROGRAM
The park will include a variety of program that is
flexible and serves the needs of the community.
The heart of the park is a central plaza which will be
framed by flexible, activated plaza seating. The west
side of the park will seamlessly integrate with the
Middle Creek corridor.
Grade change creates an opportunity for active and
inviting stairs, steps, slopes, or terraces.
215
Priorities for Lot 10 Programming
Hospital Screening
•One of main priorities of land exchange that
occurred with Town of Vail, Vail Health, and the
Evergreen Lodge was to ensure that parking lot
could be screened from public view
•Purpose of landscape lid concept and remains
priority
•Landscaping has been strategically placed to
screen access to Vail Health, along with
providing a buffer to Vail Health building
•Provides a landscape break along West
Meadow Drive
LOT 10 PROJECT 11
LOT 10 PROJECT GOALS TOWN OF VAIL
CREEK
BUFFER
CENTRAL
ART
PLAZA
CAFE
PLAZA STEPS
+ SEATING
HOSPITAL
SCREENING
MIDDLE
CREEK
CORRIDOR
FUTURE
EVERGREEN
DEVELOPMENT “THE LID” OVER
VAIL HEALTH
PARKING
+12’
+12’
95’MEADOW DR.
GRADE
CHANGE
LOT 10 CONCEPTUAL PROGRAM
The park will include a variety of program that is
flexible and serves the needs of the community.
The heart of the park is a central plaza which will be
framed by flexible, activated plaza seating. The west
side of the park will seamlessly integrate with the
Middle Creek corridor.
Grade change creates an opportunity for active and
inviting stairs, steps, slopes, or terraces.
216
LOT 10 PROJECT 19
LOT 10 PROJECT GOALS TOWN OF VAIL
LOT 10 CONCEPTS
217
LOT 10 PROJECT 22
LOT 10 PROJECT GOALS TOWN OF VAIL
CONCEPT 1 - THE CLIFF
• Sloped pedestrian path all the way to the
Evergreen restaurant
• Expanded street edge to create promenade
experience
• Wide terraces provides flexible and unique seating.
• Planting is strategic, framing the large open plaza
and providing shade for seating along W. Meadow
Drive.
Site Axon
View from Meadow Drive
CAFE SEATINGTRAIL CONNECTIONS HOSPITAL SCREEN
SLOPED CIRCULATION
TERRACED PLATFORM
SEATINGCENTRAL
SCULPTURE
218
LOT 10 PROJECT 23
LOT 10 PROJECT GOALS TOWN OF VAIL
CONCEPT 2 - THE BOWL
• Topography frames plaza on three sides, grade
change takes on an amphitheater form.
• Thick edge screens hospital on the east.
• Staircase provides a direct connection to the
Evergreen plaza.
• Planting is organized, creating confortable
secondary spaces.
SEATING BOSQUE
HOSPITAL SCREEN
STAIRS INVITE
USERS UP TO LID
SEAT STEPS -
LOCAL STONECENTRAL
SCULPTURE
Site Axon
View from Meadow Drive
219
LOT 10 PROJECT 24
LOT 10 PROJECT GOALS TOWN OF VAIL
CONCEPT 3 - THE RIDGE
• Paths moves along a ridge, creating a unique and
inviting experience.
• Two ways of moving up, 6” terraces feel contextual
to local geology.
• Planting along W. Meadow Dr. creates a sense of
enclosure in the space.
• Planting is naturalistic, harkening to the
mountainside ecology.
Site Axon
View from Meadow Drive
CAFE SEATINGTRAIL CONNECTIONS HOSPITAL SCREEN
IMMERSIVE CIRCULATION
UP TO LID
STEPPED SEATINGCENTRAL
SCULPTURE
220
Criteria for Review
LHMP Amendment
221
How have conditions changed since the plan
was adopted?
•The LHMP was originally adopted in 1998.
•At the time, the Evergreen Lodge was not included in the Lionshead study area.
•In 2005, the Town Council adopted Resolution #15, Series of 2005, which
expanded the boundaries of the LHMP to include the Evergreen Lodge site, and
added site specific detailed plan recommendations for future development.
•The plan was amended again with Resolution No. 38, Series of 2015, which was
primarily done in concert with the land exchange with Vail Health.
•The 2015 amendment provided more specific guidance on the redevelopment of
the Evergreen Lodge with the change in property boundaries.
222
How have conditions changed since the plan
was adopted?
•The Town of Vail adopted the Civic Area
Plan in 2019.
•The Civic Area Plan focuses on Town-
owned sites, including Lot 10.
•Lot 10 is identified in the plan, and the
plan recognized the importance of Lot
10 as a connection from the municipal
site down to West Meadow Drive.
•The adoption of the Civic Area Plan
provided additional direction on the
integration of The Evergreen with Lot 10.
223
How have conditions changed since the plan
was adopted?
•Once Vail Health completed their
significant redevelopment project
facilitated by the land exchange,
The Evergreen development team
submitted a redevelopment
application to the Town of Vail in
February 2022, which was
subsequently approved by the
Town of Vail on January 2023.
224
How have conditions changed since the plan
was adopted?
•The proposed text amendment to the LHMP is intended to address all these
conditions that have changed since the plan was adopted in 1998, and even
since the amendments in 2015.
•In less than 10 years, the land exchange with Vail Health was completed, Vail
Health underwent a massive expansion project, the Town of Vail initiated and
completed master planning the Civic Area, and The Evergreen was approved
by the Town of Vail for redevelopment.
•These conditions have all come together to create an opportunity for the
Town of Vail and The Evergreen development team to address Lot 10 in a
comprehensive manner, and to place the burden on the developer to fund,
design, construct, and maintain Lot 10.
225
How is the plan in error?
•The LHMP is relatively silent with regard to
the interaction between The Evergreen
development site and Lot 10.
•While is speaks to improved pedestrian
circulation between the South Frontage
Road to West Meadow Drive, it does not
provide much guidance as to the interface
of this connection with Lot 10.
226
How is the plan in error?
•The LHMP states that the pedestrian
connection between Vail Health and The
Evergreen could utilize a one-story deck that
would cover the Vail Health’s surface parking.
•This “landscape lid” has been successfully
designed as part of The Evergreen’s
redevelopment plan.
•However, the LHMP is silent as to how this
landscape lid transitions down to West
Meadow Drive, and how to appropriately
integrate Lot 10 and The Evergreen.
Landscape Lid over Vail
Health Surface ParkingW. Meadow Drive
12’ of grade change
227
How is the plan in error?
•The proposed amendment is intended to address this oversight, and
provide a public process for input in the early planning and design phase
for Lot 10.
•Once this planning has occurred, a design for Lot 10, along with
modifications to The Evergreen will be submitted to the Town of Vail for
development review.
228
How would an addition, deletion, or change to the
plan be in concert with the plan in general?
•The proposed addition to the LHMP is in concert with the plan in general
as it simply provides additional detail as to the implementation of the
recommended pedestrian connection from the South Frontage Road,
down through the Evergreen Lodge site, over the landscape lid, and
across Lot 10.
•Now that the redevelopment of Vail Health is complete, and plans for The
Evergreen have been reviewed and approved, this is the logical next step -
providing a cohesive plan that integrates the build environment with the
plaza at Lot 10.
229
How would an addition, deletion, or change to the
plan be in concert with the plan in general?
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant
environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense
of place, a personality, a purpose, and an improved aesthetic character.
2.3.2 Vitality and Amenities
We must seize the opportunity to enhance guest experience and community interaction through
expanded and additional activities and amenities such as performing arts venues, conference
facilities, ice rinks, streetscape, parks and other recreational improvements.
2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues
Financially creative and fiscally realistic strategies must be identified so that adequate capital may be
raised from all possible sources to fund desired private and public improvements. (LHMP, pg. 2-2,3)
The proposed amendment furthers these goals.
230
How would an addition, deletion, or change to the
plan be in concert with the plan in general?
Civic Area Plan:
Lot 10 – 0.5 acres
Lot 10 includes a portion of the Gore Creek Trail, and a parking lot on the northern third of the property that for
many years has been used by Library Staff. The parking lot is approximately 12,000 square feet in size and is
integrated with Vail Health’s adjoining parking lot. For the past few years, much of this parking lot has been
used by Vail Health for construction staging during the redevelopment of the campus. The site is zoned
General Use.
Land immediately to the north of Lot 10 is part of the Evergreen Lodge site. The Lionshead Redevelopment
Master Plan contemplates the redevelopment of the Evergreen Lodge. If or when this occurs, the Master Plan
suggests a pedestrian corridor be developed along the south side of the site that would connect Lot 10 with
the South Frontage Road and the Municipal Building Site.
Middle Creek is located immediately west of Lot 10. This portion of Middle Creek is located on a parcel of land
owned by the Eagle River Water and Sanitation District. This creek corridor is currently overrun with vegetation
and the creek appears to have been channelized. It could benefit from reclamation. (Civic Area Plan Pg. 16)
231
How would an addition, deletion, or change to the
plan be in concert with the plan in general?
THE BIG IDEA
•Replace the existing parking lot with a new outdoor public
space.
•Design and animate this public space to make it an appealing
destination for pedestrians along the Town’s primary
pedestrian corridor between Vail Village and Lionshead.
•Restore and enhance the Middle Creek corridor and integrate
this creek with Lot 10 improvements.
THE APPROACH
•Town funded initiative
•Potential for design and funding collaborations with Evergreen
Lodge, Vail Health and Eagle River Water and Sanitation
District (ERWSD).
•Various alternatives for the design and use of this outdoor
space (i.e., a place for public art, whimsical elements like a
children’s treehouse, hardscape and landscape improvements,
seating areas, food carts).
Civic Area Plan: Lot 10 and the Middle Creek Parcel
DESIGN AND PLANNING CONSIDERATIONS
•Coordinate with the Evergreen Lodge on how their improvement
plans could integrate with improvements to Lot 10.
•Identify locations to replace existing Librarian parking on Lot 10,
alternatives could include dedicated spaces within the Lionshead
Parking Structure, or at the Municipal Building Site.
•Coordinate with ERWSD on their Middle Creek parcel to allow for
the entire creek corridor to be addressed.
•Coordinate with the Town’s Environmental Sustainability
Department on Middle Creek restoration and enhancement and
how educational opportunities could be incorporated into this
project.
•Evaluate how the existing abutments for the old Hwy 6 bridge
over Middle Creek can be maintained and made a part of
landscape improvements.
232
Thank You
233
AGENDA ITEM NO. 6.1
Item Cover Page
DATE:January 21, 2025
TIME:30 min.
SUBMITTED BY:Stephanie Bibbens, Housing
ITEM TYPE:Action Items
AGENDA SECTION:Action Items (8:00pm)
SUBJECT:Resolution No. 4, Series of 2025, A Resolution Approving A Town
of Vail Timber Ridge Village Employee Housing Unit Deed
Restricted Credit Program (8:00pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 4, series
of 2025.
PRESENTER(S):Jason Dietz, Housing Director and George Ruther, Ruther Associates
LLC
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution 4 2025 Deed Restriction Credit Program
EHU Deed Restriction Credits at Timber Ridge Village Policy Recommendation 01-07-2025
EHU Credit Slide 01212025 mj.pptx
234
RESOLUTION NO. 4
Series of 2025
A RESOLUTION APPROVING A TOWN OF VAIL TIMBER RIDGE VILLAGE
EMPLOYEE HOUSING UNIT DEED RESTRICTION CREDIT PROGRAM
WHEREAS,the Town wishes to adopt an Employee Housing Unit (“EHU”) deed
restriction credit program (the “Program”) in an effort to attract more buyers to purchase
homes at the new Timber Ridge Village and bring greater value to Timber Ridge Village
homebuyers and Vail community; and
WHEREAS, the Program will allow Timber Ridge Village homeowners to acquire,
through the purchase, EHU deed restriction credits that can be used by themselves, or
transferred, sold, or otherwise assigned to another person or entity to offset a future
EHU deed restriction obligation, and thereby allowing the Timber Ridge Village
development site to be a receiving site for the acceptance of EHU deed restriction
obligations generated elsewhere within the Town of Vail.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO THAT:
Section 1.The Town Council hereby authorizes the Town Manager to
administratively create and execute the Program, in a form approved by Town
Attorney, and further authorizes the Town Manager to take any necessary step and to
execute any documents required to effectuate the intent of this Resolution.
Section 2.The Program shall contain the following parameters:
EHU credits at Timber Ridge Village shall be acquired through a purchase of a credit.
Not more than 86,500 square feet of EHU credits shall be available for purchase by
home buyers.
Individual and business owner home buyers shall be eligible for participation in the EHU
deed restriction credit program.
Future individual and business owner home buyers, as well as buyers under contract
and in good standing at the time of the adoption of the EHU credit program, are eligible
for participation.
The EHU deed restriction credit shall be purchased at the time of the closing on the
original sale of each home from Triumph Development to the first purchaser. Once the
original home sale has closed, the Town will no longer offer an EHU deed restriction
credit for purchase on the home.
The terms of an EHU deed restriction credit shall be enumerated within the special
provisions section of the purchase and sale agreement. Said terms shall be negotiated
235
exclusively between the Town of Vail and the home buyer. Triumph Development shall
administer the transaction at the direction of the Town of Vail.
The value of the EHU deed restriction credit shall be exempt from the earnest money
down payment calculation of the purchase and sale agreement.
All additional net sales proceeds generated from the EHU deed restriction credit
program shall be accrued to the sole benefit of the Town of Vail. The agreements
executed by and between the Town of Vail, Triumph Development, and First Bank shall
be amended accordingly.
Additional net sales proceeds collected from the EHU deed restriction credit program
should be deposited in the Town of Vail Housing Fund to aid in the creation of additional
deed restrictions through housing development, programs and initiatives.
The redemption period of all EHU credits purchased through the Timber Ridge Village
deed restriction credit program shall expire on December 31, 2035. Any unused credit
as of January 1, 2036, shall become null and void.
An EHU credit may be redeemed in full, or in part, during the redemption period. Any
unused credit balance shall become null and void as of January 1, 2036.
The Town of Vail reserves the right to terminate the EHU deed restriction credit program
at any time at its sole discretion. The Town of Vail, however, shall honor deed restriction
credits acquired prior to the termination of the program.
To the extent feasible, the Town of Vail will implement program terms which may allow
EHU deed restriction credits to be financeable through a mortgage lender. For instance,
all EHU deed restriction credits shall be fully assigned to the mortgage lender without
added cost with the assignability provision coinciding with the duration term of the
mortgage loan.
The value of the credit to be purchased is commensurate with the terms of the deed
restriction, the terms of the credit purchased, and the type of home purchased. For
instance, if the credit purchased for a four-bedroom home and is to be freely assignable,
transferrable, non-project specific, or without a limited sunset provision, its value is
different than if the credit is purchased for a two-bedroom home and cannot be
assigned, transferred, or has a limited sunset provision.
o The following flat fee values shall be added to the retail purchase price of a home
at Timber Ridge Village to acquire an EHU deed restriction credit:
Studio – 15%
One Bedroom – 25%
Two Bedroom – 20%
Three Bedroom – 10%
Four Bedroom – 10%
o An added fee of 7.5% of the retail purchase price of the home shall be applied for
an assignability and transferability clause. Mortgage lender assignability shall be
automatic and exempt from this fee.
o The future value of the EHU credit shall be determined based upon the
provisions of the Vail Town Code adopted at the time the EHU credit is
redeemed.
236
Recorded EHU deed restrictions or existing deed restriction obligations may be
exchanged for new deed restrictions at Timber Ridge Village, subject to the exchange
rates established in the Section 12-13-5, Employee Housing Unit Deed Restriction
Exchange Program. This shall be permitted as an administrative action provided the
request complies with the criteria and findings prescribed in 12-13-5(F)(1) and
(F)(3)(a)(1-7) and (F)(3)(b)(1-4).
o No added fees shall apply in the instance of an approved EHU exchange as the
required exchange rate multiplier compensates the Town of Vail for the
exchange.
o An EHU credit purchased through the Timber Ridge Village Deed Restriction
EHU Credit Program, regardless of deed restriction credit terms shall not apply to
an EHU exchange.
The Town of Vail Housing Department shall establish an internal accounting system and
protocol for tracking and verifying deed restriction credits acquired and redeemed
through the EHU deed restriction credit program for the term of the deed restriction. The
accounting system shall be audited annually.
All EHU credits purchased shall be documented and recorded with the Eagle County
Clerk & Recorder’s Office as an exhibit to the deed restriction.
Section 3. 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 21st day of January,2025.
_________________________
Travis Coggin,Mayor
ATTEST:
Stephanie Kauffman, Town Clerk
237
75 South Frontage Road West Housing Department
Vail, Colorado 81657 970.479.2150
vailgov.com
MEMORANDUM
To:Vail Town Council
From: George Ruther, Principal, Ruther Associates LLC
Jason Dietz, Housing Director, Town of Vail
Date:January 21, 2025
Re:Timber Ridge Village – EHU Deed Restriction Credit Program
I.PURPOSE
The purpose of this agenda item is to present an EHU deed restriction credit program to the Vail Town
Council allowing home buyers at the new Timber Ridge Village to purchase an EHU deed restriction credit
upon purchase of the homes.The stated objective of the deed restriction credit program is to attract more
buyers to purchasehomes at the new Timber Ridge Village and bring greater value to Timber Ridge Village
homebuyers and the Vail community.
II.THE TIMBER RIDGE EHU DEED RESTRICTION PROGRAM
This new program allows Timber Ridge Village homeowners to acquire, through purchase, EHU deed
restriction credits that can be used by themselves, or transferred, sold, or otherwise assigned to another
person or entity to offset afuture EHU deed restriction obligation. In essence, the Town of Vail is allowing
the Timber Ridge Village development site to be receiving site for the acceptance of EHU deed restriction
obligations generated elsewhere within the Town of Vail. This new approach to deed restriction creation
is a direct response to an ever-changing community housing market in Vail which requires an innovative
shift in housing policy.
The following terms shall apply to the Timber Ridge EHU Deed Restriction Credit Program:
EHU credits at Timber Ridge Village shall be acquired through a purchase of a credit.
Not more than 86,500 square feet of EHU credits shall be available for purchase by home buyers.
Individual and business owner home buyers shall be eligible for participation in the EHU deed
restriction credit program.
238
Town of Vail
Future individual and business owner home buyers, as well as buyers under contract and in good
standing at the time of the adoption of the EHU credit program, are eligible for participation.
The EHU deed restriction credit shall be purchased at the time of the closing on the original sale
of each homefrom Triumph Development to the first purchaser. Oncethe original home sale has
closed, the Town will no longer offer an EHU deed restriction credit for purchase on the home.
The terms of an EHU deed restriction credit shall be enumerated within the special provisions
section of the purchase and sale agreement. Said terms shall be negotiated exclusively between
the Town of Vail and the home buyer. Triumph Development shall administer the transaction at
the direction of the Town of Vail.
The value of the EHU deed restriction credit shall be exempt from the earnest money down
payment calculationof the purchase and sale agreement.
All additional net sales proceeds generated from the EHU deed restriction credit program shall be
accrued to the sole benefit of the Town of Vail. The agreements executed by and between the
Town of Vail, Triumph Development, and First Bank shall be amended accordingly.
Additional net sales proceeds collected from the EHU deed restriction credit program should be
deposited in the Town of Vail Housing Fund to aid in the creation of additional deed restrictions
through housing development, programs and initiatives.
The redemption period of all EHU credits purchased through the Timber Ridge Village deed
restriction credit program shall expire on December 31, 2035. Any unused credit as of January 1,
2036, shall become null and void.
An EHU credit may be redeemed in full, or in part, during the redemption period. Any unused
credit balance shall become null and void as of January 1, 2036.
The Town of Vail reserves the right to terminate the EHU deed restriction credit program at any
time at its sole discretion. The Town of Vail, however, shall honor deed restriction credits acquired
prior to the termination of the program.
To the extent feasible, the Town of Vail will implement program terms which may allow EHU deed
restriction credits to be financeable through a mortgage lender. For instance, all EHU deed
restriction credits shall be fully assigned to the mortgage lender without added cost with the
assignability provision coinciding with the duration term of the mortgage loan.
The value of the credit to be purchased is commensurate with the terms of the deed restriction,
the terms of the credit purchased, and the type of home purchased. For instance, if the credit
purchased for a four-bedroom home and is to be freely assignable, transferrable, non-project
specific, or without a limited sunset provision, its value is different than if the credit is purchased
for a two-bedroom home and cannot be assigned, transferred, or has a limited sunset provision.
o The following flat fee values shall be added to the retail purchase price of a home at
Timber Ridge Villageto acquire an EHU deed restriction credit:
Studio – 15%
One Bedroom – 25%
Two Bedroom – 20%
Three Bedroom – 10%
Four Bedroom – 10%
239
Town of Vail
o An added fee of 7.5% of the retail purchase price of the home shall be applied for an
assignability and transferability clause. Mortgage lender assignability shall be automatic
and exempt from this fee.
o The future value of the EHU credit shall be determined based upon the provisions of the
Vail Town Code adopted at the time the EHU credit is redeemed.
Recorded EHU deed restrictions or existing deed restriction obligations may be exchanged for new
deed restrictions at Timber Ridge Village, subject to the exchange rates established in the Section
12-13-5, Employee Housing Unit Deed Restriction Exchange Program. This shall be permitted as
an administrative action provided the request complies with the criteria and findings prescribed
in 12-13-5(F)(1) and (F)(3)(a)(1-7) and (F)(3)(b)(1-4).
o No added fees shall apply in the instance of an approved EHU exchange as the required
exchange rate multiplier compensates the Town of Vail for the exchange.
o An EHU credit purchased through the Timber Ridge Village Deed Restriction EHU Credit
Program, regardless of deed restriction credit terms shall not apply to an EHU exchange.
The Town of Vail Housing Department shall establish an internal accounting system and protocol
for tracking and verifying deed restriction credits acquired and redeemed through the EHU deed
restriction credit program for the term of the deed restriction. The accounting system shall be
audited annually.
All EHU credits purchased shall be documented and recorded with the Eagle County Clerk &
Recorder’s Office as an exhibit to the deed restriction.
240
Timber Ridge Village – EHU Deed
Restriction Credit Program
RUTHER ASSOCIATES LLC 1
241
Timber Ridge Village I EHU Deed Restriction Credit Program I
This new program offers Timber Ridge Village homebuyers an opportunity to acquire, through purchase, EHU
deed restriction credits that can be used by the homeowner, or transferred, sold, or otherwise assigned to
another person or entity to meet a future EHU deed restriction obligation.
EHU deed restrictions have value. The objective of the deed restriction credit program is to bring greater
value to the Timber Ridge Village homes thereby attracting more buyers to purchase homes at the new
Timber Ridge Village.
Why create a deed restriction purchase program?
How does the program work?
What is the value to the Community?
The sale of deed restriction credits incentivize the recording of deed restrictions sooner than otherwise
obligated. The community gets the benefits of more housing sooner.
RUTHER ASSOCIATES LLC 2
242
Timber Ridge Village I EHU Deed Restriction Credit Program I
•Credits are acquired through purchase
•Not more than 86,500 square feet of credits are available for purchase
•Individual and business owner home buyers are eligible to participate in the program
•Deed restriction credits are only available for purchase by the first buyer
•Terms of a deed restriction purchase are stated in the purchase and sale agreement
•No added down payment is needed to purchase a deed restriction credit
•The value of the deed restriction credit must be redeemed by December 31, 2035
•A credit may be redeemed in whole, or in part at anytime during the redemption period
•The purchase price of the credit is directly dependent upon the type of home purchased and the terms of
the credit
•The credit value shall be determined at the time of redemption based on the town code
What are the terms of the deed restriction purchase program?
RUTHER ASSOCIATES LLC 3
243
Timber Ridge Village I EHU Deed Restriction Credit Program I
Studio Home – Unit C406/Building C – 477 sq. ft.
Retail Price - $416,264
Deed Restriction Credit Base Fee (+15%) - $62,440
Assignability Clause Fee (+7.5%) - $31,220
Total PurchasePrice incl. EHU Credit w/Assignability - $509,924*
(*excludes parking)
Cost of deed restriction credit - $93,660
Cost per square foot - $196.35
Redemption Value – 477 sq. ft. or 1.25 employees
Deed Restriction Credit Purchase Example:
RUTHER ASSOCIATES LLC 4
244
Timber Ridge Village I EHU Deed Restriction Credit Program I
•All additional net sales proceeds generated by the program accrue the sole benefit of the Town of Vail
•Additional net proceeds are to be used to create more deed restrictions
•The Town of Vail will negotiate the terms of a credit purchase
•To the extent feasible, the Town will structure the terms of a credit purchase to be financeable by a
mortgage lender
•The Town of Vail shall record a copy of the credit purchase agreement in the public record
•An internal accounting systemand protocol for tracking shall be created and audited annually
•The Town of Vail reserves the right to terminate the sale of deed restriction credits at anytime in its sole
discretion
What does the fine print say?
RUTHER ASSOCIATES LLC 5
245
Timber Ridge Village I EHU Deed Restriction Credit Program I
•Adopt Resolution No. 4, Series of 2025
•Target a launch date for the program
•Define the administrativeprocesses of transacting a deed restriction credit purchase
•Establish an internal procedure and protocol for tracking the purchase and redemption of deed restriction
credits
•Amend legal documents (i.e. PSA, deed restriction credit purchase agreement, etc.)
•Market the new program to existingand potential Timber Ridge Village homebuyers
What are the next steps in launching the EHU deed restriction program?
RUTHER ASSOCIATES LLC 6
246