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HomeMy WebLinkAbout2025-08-05 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 4.Consent Agenda (6:10pm) 4.1 Resolution No. 34, Series of 2025 A Resolution of the Vail Town Council Approving an Intergovernmental Agreement with Eagle County Regarding the November 4, 2025 Coordinated Election and Appointing the Town Clerk as the Town's Designated Election Official Approve, approve with amendments, or deny Resolution No. 34, Series of 2025. Background: The Town of Vail wishes to enter into an Intergovernmental Agreement with Eagle County Clerk and Recorder for the purpose of conducting a coordinated election on November 4, 2025. 4.2 Resolution No. 35, Series of 2025, A Resolution Approving a Development Agreement between the Town of Vail and Vail Land Partners LLC 45 min. Approve, approve with amendments, or deny Resolution No. 35, Series of 2025. Presenter(s): Greg Roy, Planning Manager 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_5X11eFOAQKuM8MSjgCABLA 6:00 PM, August 5, 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.pdf 2025-34.docx 2025 IGA Eagle County Coordinated Election_Final.pdf 2025 IGA Appendix A.pdf 1 Background: Vail Land Partners LLC filed an application for approval of a major amendment to Special Development District No. 4, to approve an amended Development Plan for Area A, Cascade Village. Vail Land Partners LLC and the Town wish to enter into the Agreement to facilitate the Development. 4.3 Letter of Support for Preservation of Shoshone Water Rights Direct staff to express support for the Colorado Water Conservation Board's efforts to preserve the historic Shoshone Water rights as permanent in-stream flows in the form of the attached letter of support and by signing on to a joint letter drafted by Eagle River Water & Sanitation District. Background: The Shoshone Water Rights initiative will face an important milestone on August 9 as it seeks a decision from Colorado Water Conservation Board. 5.Presentation/Discussion (6:10pm) 5.1 Arrive Vail Concept Design Discussion (6:10pm)30 min. Listen to presentation and provide feedback. Presenter(s): Tom Kassmel, Acting Director of Public Works and Transportation Background: The Town of Vail has hired the 4240 Architecture design team to develop concept designs for the Arrive Vail Project. The design team will present layout, bulk and massing concept designs for review and feedback. 6.Action Items (6:10pm) 6.1 Resolution 32, Series of 2025 A Resolution of the Vail Town Council Submitting a Ballot Issue to the Registered Electors of the Town at the Town's Regular Election on November 4, 2025 (6:30pm) 30 min. Approve, approve with amendments, or deny Resolution No. 32, Series of 2025. Presenter(s): Carlie Smith, Director of Finance; Lauren Noll, Revenue Manager Background: In 2024 Town Council set a goal to have short- term rentals contribute financially to housing. After exploring a potential fee, Council surveyed voters about an STR tax dedicated for housing programs, projects, and initiatives. With favorable feedback from voters, Council requested staff prepare a resolution to place the measure on the November 2025 ballot. Resolution 35, Series of 2025 Cornerstone DA.docx Cornerstone Development agreement.pdf Shoshone Water Right Memo 08052025.pdf ShoshoneLetterofSupportTownofVail.pdf Council Memo 8-5-25.docx 2025.07.30_VTCE- Council Presentation for 08.05..pdf 2 6.2 Contract Award to Coleman Custom Homes LTD for Gore Creek Promenade Construction (7:00pm) 15 min. 1. Authorize the Town Manager to enter into a construction agreement with Coleman Custom Homes, Ltd in an amount not to exceed $ 1,500,000 for the construction of the Gore Creek Promenade Renewal project. 2. In 2025 $ 1,078,450 is budgeted for the Promenade Project and $ 1,000,000 is budgeted for this project in 2026. Staff is requesting to move forward the 2026 Funds to 2025 in the next Budget Supplemental. Presenter(s): Gregg Barrie, Landscape Architect Background: The purpose of this agenda item is to request that the Town Council award a construction contract to Coleman Custom Homes for the construction of the Gore Creek Promenade Renewal project. 7.Public Hearings (7:15pm) 7.1 Resolution No. 33, Series of 2025, An Amendment to Section 5.7.5 of the Lionshead Redevelopment Master Plan (Lions Pride) (7:15pm) 30 min. Approve, approve with amendments, or deny Resolution No. 33, Series of 2025. Presenter(s): Greg Roy, Planning Manager Background: Section 5.7.5 is a specific section of the Lionshead Redevelopment Master Plan (LRMP) that refers to the Lions Pride building and parking deck located at 500 and 534 East Lionshead Circle. The applicant wishes to modify the LRMP to take out the sentence noting the existing spaces must be replaced under a proposed structure. In the proposed amendment additional language would be added that points to other sections of the LRMP that support not requiring additional parking as it would be contradictory to the LRMP overarching goal of promoting redevelopment. 7.2 Ordinance No. 15, Series of 2025, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code to 5 min. 250805 STR Tax - Memo.docx 250805 STR Tax - Resolution No. 32.docx 250805 STR Excise Tax.pptx Public Comment.pdf Gore_Creek_Promenade_Renewal_TC_Memo_8-5-25_-Construction_Contract_Award (1).pdf Staff Memorandum 080525.pdf Attachment A.Resolution No. 33, Series of 2025.pdf Attachment B. PEC25-0016 Staff Memo 7-14-25.pdf Attachment C. PEC25-0016 Materials 7-14-25.pdf Attachment D. PEC Results 7-14-25.pdf Attachment E. Staff Presentation 8-5-25.pdf Attachment F. Applicant's Memo 8-5-25.pdf Attachment G. Applicant's Presentation 8-5-25.pdf 3 Create the Vail Village Inn (VVI) Zone District and Making Corresponding Edits to Other Sections of Title 12 (7:45pm) Approve, approve with amendments, or deny Ordinance 15, Series of 2025 upon second reading. Presenter(s): Greg Roy, Planning Manager Background: The applicant, the Village Inn Plaza Condominium and Vail Plaza Condominiums, is proposing to amend Section 12-12-2 Definitions and a Zone District Boundary amendment pursuant to 12-3-7 Amendment, Vail Town Code to apply the proposed Vail Village Inn (VVI) zone district to the properties located at 68 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot O and 100 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot M and O. The proposed text amendment would revise the definitions of site coverage and landscaping. 7.3 Ordinance No. 16, Series of 2025, Second Reading, An Ordinance Rezoning 68 East Meadow Drive, Vail Village Filing 1, Block 5D, Lot O and 100 East Meadow Drive, Vail Village Filing 1, Block 5D Lot M and O, to Vail Village Inn (VVI) (7:50pm) 5 min. Approve, approve with amendments, or deny Ordinance 16, Series of 2025 upon second reading. Presenter(s): Greg Roy, Planning Manager Background: The applicant, the Village Inn Plaza Condominium and Vail Plaza Condominiums, is proposing a Zone District Boundary amendment pursuant to 12-3-7 Amendment, Vail Town Code to apply the proposed Vail Village Inn (VVI) zone district to the properties located at 68 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot O and 100 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot M and O. 8.Adjournment 7:55pm (estimate) Ord #15 of 2025 Staff Memo.pdf Staff Presentation Ord 15.pdf Applicant Presentation TC 7-15-25.pdf Attachment A. Ordinance No. 15, Series of 2025 Draft.pdf Attachment B. PEC25-0012 Memo Final.pdf Attachment C. PEC25-0012 Materials.pdf Attachment D. PEC Results 6-23-25.pdf VVI Zone Application Public Comment.pdf Ord #16 of 2025 Staff Memo.pdf Attachment A. Ordinance No. 16, Series of 2025.pdf 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. Please call 970-479-2460 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. 4 5 AGENDA ITEM NO. 2.1 Item Cover Page DATE:August 5, 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.pdf 6 From:Gary Eno To:Council Dist List Subject:Vail Valley Drive and S. Frontage Rd. Intersection @ E. End of Transportation Center Date:Monday, July 28, 2025 11:57:19 AM Greetings Council Members, I am sure you're all aware of how precarious the Intersection is with the no stopping situation coming up the hill on Vail Valley Drive. It appears to be getting worse. I personally have experienced 3 incidences since June 1st of not being Yielded to by E and W bound drivers on S. Frontage Rd. I have seen our unmarked patrol car ticket one of those occurences. And not to mention the traffic entering from Vail Valley Drive logically stopping assuming they had to yield Right of Way. Is there an answer to this problem? I’m sure there have been numerous accidents. And then there is the Pedestrian Crossing thrown into the confusion. Comments please? Respectively, Gary L. Eno A 35 year resident of E. Vail 7 From:Stephanie Kauffman To:Council Dist List Subject:FW: Covered Bridge Date:Friday, July 25, 2025 9:27:48 AM Attachments:image004.png image005.png Good morning, everyone, Please see the below message we received from our website regarding the Covered Bridge. Stephanie Kauffman (Bibbens) Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970-479-2460 315-317-8991 cell vail.gov From: Vail, CO <noreply@vail.gov> Sent: Thursday, July 24, 2025 4:42 PM To: Kathleen Halloran <khalloran@vail.gov> Subject: Covered Bridge Message submitted from the <Vail, CO> website. Site Visitor Name: Richard Replin Site Visitor Email: psyclin@aol.com Hello, There is a sign right in front of the Covered Bridge telling bicyclists to dismount. Because of this sign there, NO ONE takes pictures in front of the bridge anymore. This is probably the single most photographed spot in Vail. I have not seen one photo being taken there all summer. Let's imagine that 50 people a day would normally take a pic there and send that to five friends plus maybe 10 people post the pic which is seen by 30 people. And say this happens on 100 days of the summer. That's 550 photos a day that aren't being seen. Vail 8 spends a lot on promotion and has totally messed up what might be it's single best spot for promotion. The sign needs to be moved out of the view plane of the bridge. 9 From:Nancy Herbert To:Council Dist List Cc:Nancy Herbert Subject:Recommend business removal Date:Sunday, July 20, 2025 12:21:57 PM Attachments:yelp_og_image.yji-c14b28215075e232a03e.png Sunday 7/20/2025 Dear City Council, I make it a practice to only give good recommendations on Yelp, but in this instance I felt it necessary to warn others and to report to your group that you have a business which leaves quite a bad impression of Vail. I am apparently not the only one who thinks this. Please do your own secret due diligence and see for yourselves. Their high pressure, obsequious tactics might sell a few overpriced creams to polite unwitting (unwilling) customers, but in my opinion, the damage they do to your town’s business reputation and the distasteful feeling which remains with Vail’s visitors is certainly not worth it. Please read the various Yelp reviews. Mer D'or Paris - Vail, CO yelp.to Sincerely, Nancy Herbert Seattle, WA Sent from Nancy's iPhone 10 From:Nancy Herbert To:Nancy Herbert Cc:Council Dist List Subject:Re: Recommend business removal Date:Monday, July 21, 2025 10:26:33 AM Quick update. I think this (VAIL SKIN PHILOSOPHY) may be the name of the establishment and not what you see on Yelp. My hunch is they’ve changed their name a time or two to get away from their bad reviews. Sent from Nancy's iPhone On Jul 20, 2025, at 2:21 PM, Nancy Herbert <Nancy.Herbert@comcast.net> wrote: Sunday 7/20/2025 Dear City Council, I make it a practice to only give good recommendations on Yelp, but in this instance I felt it necessary to warn others and to report to your group that you have a business which leaves quite a bad impression of Vail. I am apparently not the only one who thinks this. Please do your own secret due diligence and see for yourselves. Their high pressure, obsequious tactics might sell a few overpriced creams to polite unwitting (unwilling) customers, but in my opinion, the damage they do to your town’s business reputation and the distasteful feeling which remains with Vail’s visitors is certainly not worth it. Please read the various Yelp reviews. <yelp_og_image.yji- c14b28215075e232a03e.png> Mer D'or Paris - Vail, CO yelp.to Sincerely, Nancy Herbert Seattle, WA Sent from Nancy's iPhone 11 AGENDA ITEM NO. 4.1 Item Cover Page DATE:August 5, 2025 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:Resolution No. 34, Series of 2025 A Resolution of the Vail Town Council Approving an Intergovernmental Agreement with Eagle County Regarding the November 4, 2025 Coordinated Election and Appointing the Town Clerk as the Town's Designated Election Official SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 34, Series of 2025. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2025-34.docx 2025 IGA Eagle County Coordinated Election_Final.pdf 2025 IGA Appendix A.pdf 12 1 7/23/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@28164967\@BCL@28164967.DOCX RESOLUTION NO. 34 SERIES 2025 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY REGARDING THE NOVEMBER 4, 2025 COORDINATED ELECTION AND APPOINTING THE TOWN CLERK AS THE TOWN'S DESIGNATED ELECTION OFFICIAL WHEREAS, the Town's regular municipal election is on November 4, 2025; and WHEREAS, the Town Council wishes to coordinate the Town's election with Eagle County. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The Town Council hereby approves the Intergovernmental Agreement with Eagle County (the "IGA")" in substantially the form attached hereto, subject to final approval of the Town Attorney. Upon such approval, the Town Clerk is authorized to execute the IGA on behalf of the Town. Section 2. Pursuant to Section I.B. of the IGA, the Town Council hereby appoints the Town Clerk as the Town's Designated Election Official for the November 4, 2025 coordinated election. INTRODUCED, READ, APPROVED AND ADOPTED THIS 5th day of August, 2025. ______________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 13 Eagle County 2025 Coordinated Election IGA Page 1 Intergovernmental Agreement Between the Eagle County Clerk and Recorder and ________________________ Concerning the Tuesday, November 4, 2025 Coordinated Election THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder (the “Clerk”) and _______________________concerning the Tuesday, November 4, 2025 Coordinated Election is made on _______________________. RECITALS WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official for the Coordinated Election, and in accordance with state law, will conduct the Coordinated Election on behalf of all participating political subdivisions having jurisdiction within the boundaries of Eagle County; and WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the Coordinated Election to enter into an agreement with the Clerk concerning the conduct of the Coordinated Election, to be signed no later than seventy (70) days prior to the scheduled election; and WHEREAS, the Political Subdivision intends to submit one or more ballot measure(s) and/or candidate race(s) at the Coordinated Election; and WHEREAS, the County Clerk and the Political Subdivision wish to clarify their responsibilities and memorialize their agreement with respect to the conduct of the Coordinated Election. NOW THEREFORE, in consideration of the above premises and the promises contained herein, the parties agree as follows: I. Coordinated and Designated Election Officials A. Except as otherwise provided in this section, the Clerk shall act as the Coordinated Election Official for the conduct of the Election for the Political Subdivision for all matters in the Uniform Election Code of 1992, Colorado Title 1, C.R.S. as amended (“Election Code”) which require 14 Eagle County 2025 Coordinated Election IGA Page 2 action by the Coordinated Election Official. B. The Political Subdivision shall name a Designated Election Official (“DEO”) who shall act as the primary liaison between the Political Subdivision and the Clerk. Nothing herein shall be deemed or construed to relieve the Clerk or the governing body of the Political Subdivision from their official responsibilities for the conduct of the Election. C. Jurisdictional Limitation This Agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. D. Clerk’s Contact Officer The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Recorder (stacey.jones@eaglecounty.us; phone 970-328-8726), as the “Contact Officer” to act as the Clerk’s primary liaison with the Political Subdivision for all purposes relating to the Election. The Contact Officer shall act under the authority of the Clerk. II. Clerk Responsibilities The Clerk will perform all duties in substantial compliance with applicable provisions of the Election Code, the Election Rules (“Election Rules”) promulgated by the Colorado Secretary of State, as may be amended from time to time; and any then-current policy directives of the Colorado Secretary of State, if applicable. A. Preparation for Election 1. The Clerk hereby provides the Political Subdivision with a Street Locator Report (Appendix B), listing all residential street addresses situated within the Political Subdivision’s boundaries, as currently configured in Colorado’s statewide voter registration database (“SCORE”). 2. The Clerk shall manage all voter registration records and correspondence. 3. The Clerk shall supply, deliver, and set up all voting equipment and other items necessary to conduct the Election. 4. The Clerk shall appoint eligible electors as election judges, arrange for their compensation, and provide election judge training in advance of the Election. 5. The Clerk shall include on the ballot all content timely certified by the Political Subdivision in accordance with law; contract for the printing of ballots, ballot envelopes, and other printed 15 Eagle County 2025 Coordinated Election IGA Page 3 materials reasonably necessary to conduct the Election; and arrange for payment to the printing vendor(s). 6. The Clerk shall publish and post a notice of election as required by 1-5-205 C.R.S. in the Aspen Daily, and, as applicable, the Vail Daily, no later than twenty (20) days prior to the Election. 7. The Clerk shall perform all required acceptance testing, hardware diagnostic testing, and logic and accuracy testing of Eagle County’s voting system and components in substantial compliance with Conditions of Use applicable to Eagle County’s voting system as certified by the Colorado Secretary of State. B. Conduct of Election 1. The Clerk shall designate the proper number and locations of vote centers and 24-hour ballot boxes. All voting locations will be reasonably accessible to voters with disabilities. 2. The Clerk shall adhere to security requirements pursuant to Election Rule 20, including the security of physical ballots and video surveillance. 3. The Clerk shall provide for the processing of all ballots and verification of electors’ signatures on the self-affirmation printed on the mail ballot return envelopes and UOCAVA ballot return affidavits. 4. The Clerk shall issue mail ballots and electronic transmission ballots to and accept voted mail and electronically transmitted ballots from military and overseas voters in substantial compliance with the deadlines and delivery methods mandated by applicable provisions of federal and state law, including the Uniformed and Overseas Citizens Absentee Voting Act, all as amended. 5. The Clerk shall conduct the required post-election risk-limiting audit (RLA). 6. The Clerk shall conduct any mandatory or permissive recount. 7. The Clerk shall appoint the risk-limiting audit board members, coordinate the appointment of the canvass board members through local Democratic and Republican parties, conduct the risk-limiting audit and canvass, and certify the official results of the Election. 8. The Clerk shall provide an official Certification of Election to the Political Subdivision after the official close of the Election. Any additional Certificates of Election which are required by law to be forwarded to another division of government shall be the responsibility of the Political Subdivision. 9. The Clerk shall preserve all election records relating to the Election for at least twenty-five 16 Eagle County 2025 Coordinated Election IGA Page 4 months pursuant to 1-7-802 C.R.S. 10. The Clerk shall be the final decision maker on any substantive and procedural issues regarding the conduct of the Election. C. Ballot Issue Notice (“TABOR Notice”) 1. The Clerk shall prepare and mail a combined TABOR Notice in substantial compliance with Article X, Section 20 of the Colorado Constitution (“TABOR Amendment”) and applicable provisions of the Election Code and Election Rules. As nearly as practicable, the notice shall be in the order the ballot issues will appear on the ballot. 2. The Clerk shall mail the TABOR Notice not less than thirty (30) days prior to the Election, pursuant to Colorado Constitution Article X, Section 20(3)(b) and 1-1-106(5) C.R.S. The Clerk shall determine the least cost method for mailing the ballot issue notice, but at a minimum, the ballot issue notice shall be addressed and mailed to eligible voters at each address in Eagle County where one or more registered voters of the Political Subdivision and of any other participating entity resides. Nothing herein shall preclude the Clerk from mailing the TABOR Notice to persons other than voters of the Political Subdivision if such mailing arises from the Clerk's efforts to mail the combined TABOR Notice for all participating entities at the least cost. III. Political Subdivision Responsibilities A. Contact Liaison 1. The Political Subdivision shall identify a “Designated Election Official” (DEO) to act as a liaison between the Political Subdivision and the Clerk/Contact Officer. The DEO shall be responsible for the final approval of ballot content and TABOR Notice content. To meet statutory and printing deadlines, the DEO shall respond to all Election-related written correspondence, electronic correspondence, phone calls, text messages, or any other communication from the Clerk/Contact Officer as soon as possible and no later than four (4) hours from the time of delivery by the Clerk/Contact Officer. If the DEO cannot respond within four (4) hours, an alternative official may respond on the DEO’s behalf. Failure to respond to correspondence within four (4) hours shall constitute approval allowing the Clerk to move forward, at the Clerk’s discretion, with the action or inaction the Clerk deems appropriate under the circumstances. 2. DESIGNATED ELECTION OFFICIAL The Political Subdivision has designated________________________________________ whose mailing address is _____________________________________________________ and whose phone number is___________________________________________________ and whose cell phone number is _______________________________________________ and whose email address is____________________________________________________ 17 Eagle County 2025 Coordinated Election IGA Page 5 and whose fax number is______________________________________________________ as its DEO for the purpose of the Election. 3. ALTERNATIVE OFFICIAL The Political Subdivision has designated________________________________________ whose mailing address is _____________________________________________________ and whose phone number is___________________________________________________ and whose cell phone number is _______________________________________________ and whose email address is____________________________________________________ and whose fax number is______________________________________________________ as its alternative official for the Election. B. Certification of Address Ranges 1. The Political Subdivision shall verify and certify to the Clerk (Appendix C) that all address ranges and street names situated in the Political Subdivision are accurately and completely stated in the Address Library Report attached hereto as Appendix B. 2. In connection with such Address Library Report verification and certification, the Political Subdivision shall note any address ranges or street names within the Political Subdivision that are inaccurately or incompletely stated in or omitted from the Address Library Report, and certify on the Statement of Certification (Appendix C) the accuracy and completeness of the remainder of the Address Library Report. 3. The Political Subdivision shall deliver to the Clerk its Statement of Certification (Appendix C) and accuracy of the Address Library Report, with notations regarding inaccuracies and omissions by seventy (70) days before the election, no later than 3:00 p.m. Mountain Standard Time on Tuesday, August 26, 2025. Address changes will not be allowed after this date. If the certification is not provided by the date specified herein, the Political Subdivision may not be allowed to participate in the Election or the Clerk may build the election on the assumption that the Address Library Report attached hereto as Appendix B is both complete and accurate, as the Clerk in her discretion may decide. C. Ballot Content 1. Definitions of Ballot Issue and Ballot Question: a. TABOR “ballot issue” means a state or local government matter arising under the TABOR Amendment b. “Ballot question” means a state or local government matter involving a citizen petition or referred measure, other than a ballot issue. 2. The Political Subdivision shall be solely responsible for determining whether a ballot issue, 18 Eagle County 2025 Coordinated Election IGA Page 6 ballot question, candidate contest, or candidate is eligible and properly certified for the ballot. 3. The Political Subdivision shall provide a certified copy to the Clerk of all ballot content (candidate contests, ballot issues, and ballot questions in order) referred by the Political Subdivision for the Election pursuant to section 1-5-203 C.R.S: a. The Political Subdivision shall not certify any single ballot issue or ballot question in excess of two hundred and fifty (250) words in English (inclusive of the title) unless the Clerk provides written consent in advance. Notwithstanding the foregoing, for ballot issues or ballot questions that will involve coordination with other counties beyond Eagle County, the Political Subdivision will adhere to any smaller word limit that may be required by other county clerk and recorders. b. The Political Subdivision shall not certify any single ballot issue or ballot question title in excess of ten (10) words in English unless the Clerk provides written consent in advance. Notwithstanding the foregoing, for ballot issue or ballot question titles that will involve coordination with other counties beyond Eagle County, the Political Subdivision will adhere to any smaller word limit that may be required by other county clerk and recorders. c. Such certified ballot content and the signed resolution that authorizes the ballot content shall be delivered to the Clerk as an email attachment in Word format (see section C.3.h or full required formatting of ballot and TABOR content), at the earliest possible time and in no event later than 3:00 p.m. Mountain Standard Time on Friday, September 5, 2025 (Appendix A), pursuant to section 1-5-203, C.R.S., as amended. d. The Political Subdivision that issues certified ballot content pursuant to 1-5-203, C.R.S. shall be solely responsible for the accuracy of the information contained in the certificate. Any error that can be corrected pursuant to 1-5-412, C.R.S. shall be corrected at the expense of the Political Subdivision whose DEO issued and/or approved the incorrect certification. Such costs include but are not limited to staff time to reprogram election content, additional required logic and accuracy testing, reprinting of ballot and ballot materials, and staff time required to make corrections. e. All ballot content certified by the Political Subdivision shall utilize the exact language and order as such ballot content is to appear on the printed official and sample ballots for the Election. The list of candidates/questions must be typed exactly as it is to appear on the ballot, including correct order, title, spelling, spacing, and punctuation. i. For candidates, specify the exact titles of offices, the order of the names to appear for each office, and the order of offices. 19 Eagle County 2025 Coordinated Election IGA Page 7 ii. For issues, specify the ballot title and the order of the issues (per C.R.S., the Clerk determines specific numbering on the ballot). iii. If the Political Subdivision has a TABOR issue on the ballot, the issue text must be typed in all uppercase as is dictated by law (i.e. TABOR Amendment). iv. If the Political Subdivision has a non-TABOR question on the ballot, the question must be typed in mixed case. v. Bullet points may be used, but sub-bullet points may not be used; spacing is at the discretion of the Clerk to accommodate proper ballot layout. vi. Ballot Issues or Questions vote choice must be formatted as follows: _____YES/FOR _____NO/AGAINST It is at the discretion of the Clerk to change the formatting on the ballot to match this formatting if it is not certified in this required format or if the formatting results in the ballot increasing in length, multiple sides, or multiple pages. The Clerk also has discretion to make non-substantive formatting changes, including but not limited to font, font size, and font case, in order to create consistency across ballot contests and measures. f. The Political Subdivision has the responsibility to proofread and edit the text of the ballot proof before the Clerk will authorize the printing of the ballots. From the time the Clerk delivers via email the ballot proof, the Political Subdivision has four (4) hours to proofread, correct if necessary, sign, and return the proof to the Clerk. The Political Subdivision’s failure to disapprove and correct errors within that time shall constitute an approval of the ballot proof. After final approval of the ballot proof, the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of its issue, question, or contest on the printed ballots. g. The Political Subdivision authorizes the Clerk to correct typographical errors and omissions, and to determine the appropriate ballot question number or letter upon designation of the ballot number or letter by the Clerk. h. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact Officer in conformance with the following formatting requirements: i. Software: Microsoft Word '03 or later (not as a PDF) ii. Spacing: Single iii. Font Type: Arial Narrow iv. Font Size: 10 point v. Justification: Left vi. All Margins: 0.5 inches vii. Language: English viii. Delivery Medium: Email attachment to becky.close@eaglecounty.us and stacey.jones@eaglecounty.us 20 Eagle County 2025 Coordinated Election IGA Page 8 Submissions not meeting these requirements may be rejected by the Clerk. i. Spanish language translation of the ballot content must be submitted by the Political Subdivision to the Clerk by 3:00 p.m. Mountain Standard Time on Friday, September 5, 2025. Spanish language translations must be linguistically accurate, culturally appropriate, and technically consistent with the original documents. j. The Political Subdivision must provide an audio recording of each candidate’s name. The DEO or candidate may leave an audio recording of the candidate’s name, exactly as certified for the ballot, on the voicemail of the Contact Officer (970-328-8726). This audio recording must be provided no later than the deadline to certify ballot content, Friday, September 5, 2025 by 3:00 p.m. Mountain Standard Time (Appendix A). D. Ballot Issue Notice (“TABOR Notice”) 1. The Political Subdivision shall receive, store, and prepare TABOR Notice content according to the provisions set forth in the TABOR Amendment and 1-7-901, 1-7-902, 1-7-903, 1-7- 904, and 1-7-908 C.R.S. 2. The Political Subdivision shall transmit via email the full text of any required TABOR Notice information, fiscal information, and pro/con statement summaries to the Clerk in order to be included in the TABOR Notice mailings no later than forty-three (43) days, Monday, September 22, 2025 by 3:00 p.m. Mountain Standard Time (Appendix A) before the Election, in final written form in accordance with the formatting requirements for ballot certification (see formatting requirements listed in section C.3.h). Submissions not meeting these requirements will be rejected by the Clerk. 3. The Clerk will coordinate Spanish translation of all TABOR Notice content if the Political Subdivision provides advanced notice by Friday, September 5, 2025 to the Clerk or Contact Officer that the Political Subdivision would like to engage with this service (and be invoiced for the Political Subdivision’s portion of the translation cost). If the Political Subdivision does not choose to coordinate with the Clerk, the Spanish translation of TABOR Notice content is required on Monday, September 22, 2025 by 3:00 p.m. Mountain Standard Time. In accordance with Secretary of State Election Rule 4.8.9(b)(1) (8 CCR 1505-1), a Spanish language translations must be performed by a qualified interpreter or translator, linguistically accurate, culturally appropriate, and technically consistent with the original documents. 4. The Political Subdivision shall incorporate in its TABOR Notice content a local office address and telephone number specific to the Political Subdivision or the Political Subdivision DEO to enable voters to reach the Political Subdivision directly. The Clerk shall respond to all correspondence and inquiries that the Clerk receives within its expertise relating to election procedures, but the Clerk shall refer inquiries concerning the substance of the ballot issues, 21 Eagle County 2025 Coordinated Election IGA Page 9 ballot questions, candidates, or the operations of the Political Subdivision to the Political Subdivision’s DEO. 5. The Political Subdivision has the responsibility to proofread and edit the text of the TABOR Notice proof before the Clerk will authorize printing of the TABOR Notice. From the time the Clerk delivers via email the TABOR Notice proof, the Political Subdivision has four (4) hours to proofread, correct if necessary, sign, and return the proof to the Clerk. The Political Subdivision’s failure to disapprove and correct errors within that time shall constitute an approval of the TABOR Notice proof. After final approval of the TABOR Notice proof, the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of their issue or information presented on the TABOR Notice. E. Cancellation of Election 1. If the Political Subdivision resolves not to hold the Election, notice of such cancellation shall be provided to the Clerk immediately. The Political Subdivision shall not cancel its participation in the Election after the twenty-fifth (25) day before the election, Friday, October 10, 2025 (Appendix A), pursuant to section 1-5-208(2), C.R.S., as amended. 2. The Political Subdivision shall provide notice by publication of the timely cancellation of the Election and a copy of the notice shall be posted in the office of the Clerk, in the office of the Designated Election Official, in the primary building of the Political Subdivision, and, if the Political Subdivision is a special district, in the office of the division of local government. The Political Subdivision is solely responsible for delivering such postings to each entity. 3. The Political Subdivision shall be responsible for all expenses incurred on its behalf to the date that notice was received by the Clerk together with all expenses incurred thereafter which could not be avoided by reasonable effort. All costs incurred or contracted for by the Clerk to support the Political Subdivision’s portion of the TABOR Notice shall be reimbursed by the Political Subdivision. 4. Upon receipt of the invoice, the Political Subdivision shall promptly pay the Clerk the full actual costs of the activities of the Clerk relating to the Election incurred both before and after the Clerk’s receipt of such notice. F. Other Responsibilities 1. The Political Subdivision shall exercise all reasonable diligence, care, and control in providing the services noted above to the Clerk. 2. The Political Subdivision’s DEO or assigned representative shall assist with equipment logic and accuracy testing, post-election canvass, and risk-limiting audit as requested by the Clerk. 22 Eagle County 2025 Coordinated Election IGA Page 10 3. The Political Subdivision shall give assistance and information to the Clerk on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). 4. The Political Subdivision shall adhere to all applicable provisions of C.R.S. which are necessary or appropriate to the performance of the above duties. 5. The Political Subdivision shall follow the additional responsibilities in which non-resident property owners may be eligible to vote as set forth in Appendix D. IV. Miscellaneous A. Costs 1. The Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct the Election, including but not limited to costs incurred for supplies, printing, ballot insertion and mailing, legal and other notices, temporary labor, compensation of election judges, overtime pay for staff, and other expenses attributable to the Clerk’s conduct of the Election on behalf of the Political Subdivision. Clerk may give the Political Subdivision general estimates of cost but such estimates are not binding. The Political Subdivision is responsible for the pro rata share of actual costs as determined by the Clerk. 2. The Clerk shall charge to the Political Subdivision its pro rata share of all costs and expenses reasonably incurred in connection with the preparation, translation, printing, labeling, postage, and mailing of the TABOR Notice. Said expenses shall be prorated among all Political Subdivisions participating in the TABOR Notice. 3. The Clerk shall charge and allocate to the Political Subdivision its pro rata share of the direct costs of the Election, and all direct and indirect costs and expenses incurred by the Clerk to remedy, resolve, or reconcile the Political Subdivision’s failure or omission to timely perform any of its obligations under this Agreement, without regard to whether the Political Subdivision rescinds its intent to participate in the Election. 4. In the event an interested party is not liable for payment of costs incurred in connection with a mandatory or permissive recount of, or election contest relating to, one or more candidate contests, ballot issues, or ballot questions certified by the Political Subdivision, the Clerk shall charge any and all direct and indirect costs and expenses reasonably incurred by the Clerk to conduct or participate in any such recount or ballot contest. If more than one political subdivision participating in the Election is involved in any such recount or election contest, the costs thereof shall be prorated between the Political Subdivision and such other participating entities. 23 Eagle County 2025 Coordinated Election IGA Page 11 5. The Political Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or not the political subdivision measures or candidates legally belong on the ballot and any other challenges, both pre-and post-election. 6. The Clerk shall submit to the Political Subdivision an invoice for the Political Subdivision’s pro rata share of direct and indirect costs incurred in connection with the Political Subdivision’s participation in the Election within ninety (90) days after the Election (Appendix A). 7. The minimum charge for coordinating the Election with the Clerk for coordinating entities with 300 or fewer active voters on Election Day shall be $500.00. The minimum charge for coordinating entities with 301 or more active voters on Election Day shall be $1000.00. 8. In addition, there will be a surcharge for coordination and administration of non-resident, property owner ballot mailing of $1000.00. 9. The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement by February 28, 2026 (Appendix A). B. Indemnification To the extent permitted by law, the Political Subdivision agrees to indemnify, defend, and hold harmless the County, its officers, and employees, from any and all losses, costs, demands, or actions arising out of or related to any actions, errors or omissions of the Political Subdivision in completing its responsibilities relating to the Election and related tasks. C. Reasonable Care The County and its employees, agents, representatives, or other persons acting under the direction or control of the County shall use reasonable care in carrying out their obligations under this Agreement. D. Notices Any and all notices required to be given by this Agreement, unless otherwise set forth herein, are deemed to have been received and to be effective: ● three days after they have been mailed by certified mail, return receipt requested to the address as set forth below; or ● immediately upon hand delivery to Becky Close, Clerk; or ● immediately upon receipt of confirmation that a fax or email was received. To Clerk: Becky Close Eagle County Clerk and Recorder 24 Eagle County 2025 Coordinated Election IGA Page 12 P.O. Box 537 Eagle, CO 81631 Fax: 888-816-1643 Email: becky.close@eaglecounty.us E. Time is of the Essence Per 1-7-116(2) C.R.S., this Agreement must be signed and returned to Becky Close, Clerk and Recorder, seventy (70) days before the Election, Tuesday, August 26, 2025 (Appendix A). The statutory time requirements of the Election Code and Election Rules shall apply to the completion of the tasks required by this Agreement. In witness whereof, the Parties hereto have executed this Agreement to be effective this day: ___________ (Date) ________________________________________ Designated Election Official Date For _____________________________________ (Political Subdivision) ________________________________________ Becky Close Date Eagle County Clerk and Recorder 25 Eagle County 2025 Coordinated Election IGA Page 13 Appendix A CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 4, 2025 COORDINATED MAIL BALLOT ELECTION While this calendar may not include all election dates, some key dates are identified for reference. Dates in red and underlined are key delivery dates of information from you to the Clerk’s office. Political Subdivisions planning to coordinate with the Clerk’s office should be aware of the following deadlines: ● Friday, July 25, 2025– 100 days prior - Last day for a political subdivision to notify the county clerk in writing that it has taken formal action to participate in the 2025 Coordinated Election. (100 days before the Coordinated Election). 1-7-116(5), 1-1-106(5) C.R.S. ● July 21 – 25, 2025 – IGAs will be mailed to participating entities. IGA will include address ranges that must be verified and certified before or on the date the IGA is due. Political Subdivisions with property owner ballots should also review Appendix D in the IGA and contact the Eagle County Assessor’s office to secure the particular property owner list. ● Tuesday, August 26, 2025, by 3:00 p.m. MST – 70 days prior - Political Subdivisions participating in the election must return signed IGAs to the Clerk. Political Subdivisions must verify and certify that all address ranges situated in the Political Subdivision (Appendix B) are accurate and complete, note any changes or inaccuracies, and certify to the Clerk (Appendix C). The deadline is 3:00 p.m. Address changes will not be made after this date. Please submit sooner if possible. 1-7-116(2) C.R.S. ● Friday, September 5, 2025, by 3:00 p.m. MST – Last day for the DEO from each Political Subdivision to certify the ballot order and content in English and Spanish and provide audio recordings of candidate names to the Clerk. The deadline is 3:00 p.m. Please submit sooner if possible. 1-5-203(3)(a) C.R.S. ● Monday, September 8, 2025 – Last day for Political Subdivisions with property owner ballots to certify the revised Assessor’s property owner list to the Clerk. Please submit sooner if possible. ● Week of September 15, 2025 – Equipment and Logic and Accuracy Testing ● Monday, September 15, 2025 – Deadline for Political Subdivisions with property owner ballots to certify the military and overseas (UOCAVA) voter list to the Clerk. ● Friday, September 19, 2025, by noon MST – Last day for voters to file pro/con comments pertaining to local ballot issues with the political subdivision DEO (not the Clerk & Recorder) in order to be included in the ballot issue notice. (By noon the Friday before the 45th day before the election). Art. X, Sect. 20(3)(b)(v) 1-7- 901(4) C.R.S. ● Saturday, September 20, 2025 – 45 days prior – Deadline to send mail ballots to military and overseas voters (UOCAVA voters). 1-8.3-110(1) C.R.S., Rule 16 ● Monday, September 22, 2025, by 3:00 p.m. MST – 43 days prior - Political Subdivisions shall deliver the full text of any required TABOR Notice information, fiscal information, and pro/con statement summaries in English and Spanish to the Clerk to be included in the TABOR Notice mailing. 1-7-904 C.R.S. ● Friday, October 3, 2025 – 30 days prior – Last day for the Clerk to mail out TABOR Notice(s). Colorado Constitution Article X, Section 20(3)(b) and 1-1-106(5) C.R.S. 26 Eagle County 2025 Coordinated Election IGA Page 14 Appendix A continued on next page Appendix A – Continued CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 4, 2025 COORDINATED MAIL BALLOT ELECTION ● Friday, October 10, 2025 – 25 days prior - Last date for Political Subdivision to cancel the election or withdraw ballot issue or question. 1-5-208(2) C.R.S ● Friday, October 10, 2025 – Ballots may begin to be mailed, except for UOCAVA voters. 24-hour ballot drop boxes open in Avon, Edwards, Eagle, Gypsum, El Jebel, Basalt, and Vail. 1-7.5-107(3)(a)(I) C.R.S., Rule 7.2.3 ● Wednesday, October 15, 2025 – Property Owner Ballot Entities Only - Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s Office. ● Friday, October 17, 2025, by 10 a.m. MST - Property Owner Ballot Entities Only - Certify the revised supplemental Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk. Please submit sooner if possible. ● Monday, October 27, 2025 – Avon, Eagle, and El Jebel vote centers open. 1-5-102.9(2) C.R.S., Rule 7.8.1 ● Monday, October 27, 2025 – 8 days prior - Last day to register to vote to receive a mail ballot. After this date, voters may pick up ballots in person at any vote center. 1-2-201(3)(b)(III) C.R.S. ● Tuesday, November 4, 2025 – Election Day - Polls open 7:00 a.m. – 7:00 p.m. All ballots must be in the hands of the Clerk by 7 p.m. Mountain Standard Time on Election Day to be counted. ● Wednesday, November 26, 2025– Deadline to certify election results. Official results will be forwarded to Political Subdivisions. 1-10-102(1), 1-10-103(1) C.R.S. ● Monday, February 2, 2026 – Last day for the Clerk to mail invoices to Political Subdivisions for their share of the election as well as any recount costs. ● Friday, February 27, 2026 – Last day for Political Subdivisions to submit payment for election and recount costs to the Clerk's office. 27 Eagle County 2025 Coordinated Election IGA Page 15 Appendix B STREET LOCATOR REPORT FOR NOVEMBER 4, 2025 COORDINATED MAIL BALLOT ELECTION 28 Eagle County 2025 Coordinated Election IGA Page 16 Appendix C STATEMENT OF CERTIFICATION – STREET LOCATOR REPORT FOR NOVEMBER 4, 2025COORDINATED MAIL BALLOT ELECTION I, ___________________________________, as Designated Election Official for______________________________________, (hereinafter “Political Subdivision”) do hereby certify that the Street Locator Report provided to the Political Subdivision has been reviewed, any inaccuracies have been noted and corrections made, and to the best of my knowledge, I believe it is a true and complete list of the addresses located within the Political Subdivision. Designated Election Official Signature Date for _____________________________________ (Name of Political Subdivision) 29 Eagle County 2025 Coordinated Election IGA Page 17 Appendix D PROPERTY OWNER BALLOTS – TITLE 32 This appendix defines responsibilities when conducting an election for a Political Subdivision (governed under Title 32) in which property owners and their spouse or civil union partners who are not Eagle County residents but are registered electors in the State of Colorado may be eligible to vote. Overview - Property Owner Ballots Property owner ballots are special ballots that contain only those ballot contests certified by Political Subdivisions in which owners (and their spouses or civil union partners) of real and personal property are eligible to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado (32-1- 103(5) C.R.S.). If a person resides in and is registered to vote in the Political Subdivision, and also owns additional property in the Political Subdivision, the Clerk will issue the voter a regular Eagle County ballot style that contains all of the contests in which they are eligible to vote in a given election, including the ballot content referred by the Political Subdivision. If a person resides outside of the Political Subdivision, owns property within the Political Subdivision, and is registered to vote in the State of Colorado, the county will issue a property owner ballot containing only the contests referred by the Political Subdivision. The property owner ballot will be sent to the mailing or ballot mailing address on record in the statewide voter registration system. Property owners who are registered voters outside of the State of Colorado are not eligible to vote a property owner ballot. Responsibilities of the Coordinating Political Subdivision Street Locator Report 1. Review the Street Locator Report provided by the Clerk’s office (Appendix B). 2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk no later than 3:00 p.m. Mountain Standard Time on Tuesday, August 26, 2025, seventy (70) days before the election. Please submit sooner if possible. The Political Subdivision is responsible for the accuracy of this report. 30 Eagle County 2025 Coordinated Election IGA Page 18 Property Owner and Overseas and Military Voter Lists 1. Secure the Colorado Statewide Overseas and Military Voter (UOCAVA) list from the Clerk. 2. Secure the Political Subdivision Property Owner list from the Eagle County Assessor’s Office. 3. Remove all non-human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor’s list. 4. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner list to determine if there are any Political Subdivision property owners on the UOCAVA list; identify all UOCAVA property owners. 5. Certify the revised Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk by Monday, September 8, 2025. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this list. 6. Certify the list of any UOCAVA property owners to the Clerk by Monday, September 15, 2025, to ensure timely delivery of Property Owner oath for voters to return in time for statutory delivery of UOCAVA property owner ballots (NOTE: UOCAVA ballots must be sent by Saturday, September 20, 2025 (1-8.3- 110(1) C.R.S.)). 7. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s Office no later than Wednesday, October 15, 2025 (20 days before the election). This supplemental list shall contain the names and addresses of all recorded owners who became owners no later than Monday, October 13, 2025 (22 days prior to the election). 8. Certify the revised supplemental Assessor’s list that includes new property owners and new UOCAVA property owners (i.e. the list should exclude non-human entities and previously identified UOCAVA voters) in Excel format to the County Clerk by Friday, October 17, 2025 by 10 a.m. MST. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this list. Responsibilities of the County Clerk and Recorder 1. After receiving the certified property owner list from the Political Subdivision, as well as the supplemental list, prepare and send the property owner TABOR Notice to the property owner households listed on the certified property owner list(s). (Article X, Sec.20(3)(b)). This Notice may be combined with other TABOR notices or mailed separately at the discretion of the Clerk. 2. Prepare and send property owner ballots to the individuals the DEO has confirmed are eligible electors entitled to vote on the applicable contest or measure. 3. Record each property owner ballot returned and signature verified. 4. Process ballots at central count. 5. Tabulate and certify results. 31 Eagle County 2025 Coordinated Election IGA Page 13 Appendix A CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 4, 2025 COORDINATED MAIL BALLOT ELECTION While this calendar may not include all election dates, some key dates are identified for reference. Dates in red and underlined are key delivery dates of information from you to the Clerk’s office. Political Subdivisions planning to coordinate with the Clerk’s office should be aware of the following deadlines: ● Friday, July 25, 2025– 100 days prior - Last day for a political subdivision to notify the county clerk in writing that it has taken formal action to participate in the 2025 Coordinated Election. (100 days before the Coordinated Election). 1-7-116(5), 1-1-106(5) C.R.S. ● July 21 – 25, 2025 – IGAs will be mailed to participating entities. IGA will include address ranges that must be verified and certified before or on the date the IGA is due. Political Subdivisions with property owner ballots should also review Appendix D in the IGA and contact the Eagle County Assessor’s office to secure the particular property owner list. ● Tuesday, August 26, 2025, by 3:00 p.m. MST – 70 days prior - Political Subdivisions participating in the election must return signed IGAs to the Clerk. Political Subdivisions must verify and certify that all address ranges situated in the Political Subdivision (Appendix B) are accurate and complete, note any changes or inaccuracies, and certify to the Clerk (Appendix C). The deadline is 3:00 p.m. Address changes will not be made after this date. Please submit sooner if possible. 1-7-116(2) C.R.S. ● Friday, September 5, 2025, by 3:00 p.m. MST – Last day for the DEO from each Political Subdivision to certify the ballot order and content in English and Spanish and provide audio recordings of candidate names to the Clerk. The deadline is 3:00 p.m. Please submit sooner if possible. 1-5-203(3)(a) C.R.S. ● Monday, September 8, 2025 – Last day for Political Subdivisions with property owner ballots to certify the revised Assessor’s property owner list to the Clerk. Please submit sooner if possible. ● Week of September 15, 2025 – Equipment and Logic and Accuracy Testing ● Monday, September 15, 2025 – Deadline for Political Subdivisions with property owner ballots to certify the military and overseas (UOCAVA) voter list to the Clerk. ● Friday, September 19, 2025, by noon MST – Last day for voters to file pro/con comments pertaining to local ballot issues with the political subdivision DEO (not the Clerk & Recorder) in order to be included in the ballot issue notice. (By noon the Friday before the 45th day before the election). Art. X, Sect. 20(3)(b)(v) 1-7- 901(4) C.R.S. ● Saturday, September 20, 2025 – 45 days prior – Deadline to send mail ballots to military and overseas voters (UOCAVA voters). 1-8.3-110(1) C.R.S., Rule 16 ● Monday, September 22, 2025, by 3:00 p.m. MST – 43 days prior - Political Subdivisions shall deliver the full text of any required TABOR Notice information, fiscal information, and pro/con statement summaries in English and Spanish to the Clerk to be included in the TABOR Notice mailing. 1-7-904 C.R.S. ● Friday, October 3, 2025 – 30 days prior – Last day for the Clerk to mail out TABOR Notice(s). Colorado Constitution Article X, Section 20(3)(b) and 1-1-106(5) C.R.S. 32 Eagle County 2025 Coordinated Election IGA Page 14 Appendix A continued on next page Appendix A – Continued CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 4, 2025 COORDINATED MAIL BALLOT ELECTION ● Friday, October 10, 2025 – 25 days prior - Last date for Political Subdivision to cancel the election or withdraw ballot issue or question. 1-5-208(2) C.R.S ● Friday, October 10, 2025 – Ballots may begin to be mailed, except for UOCAVA voters. 24-hour ballot drop boxes open in Avon, Edwards, Eagle, Gypsum, El Jebel, Basalt, and Vail. 1-7.5-107(3)(a)(I) C.R.S., Rule 7.2.3 ● Wednesday, October 15, 2025 – Property Owner Ballot Entities Only - Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s Office. ● Friday, October 17, 2025, by 10 a.m. MST - Property Owner Ballot Entities Only - Certify the revised supplemental Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk. Please submit sooner if possible. ● Monday, October 27, 2025 – Avon, Eagle, and El Jebel vote centers open. 1-5-102.9(2) C.R.S., Rule 7.8.1 ● Monday, October 27, 2025 – 8 days prior - Last day to register to vote to receive a mail ballot. After this date, voters may pick up ballots in person at any vote center. 1-2-201(3)(b)(III) C.R.S. ● Tuesday, November 4, 2025 – Election Day - Polls open 7:00 a.m. – 7:00 p.m. All ballots must be in the hands of the Clerk by 7 p.m. Mountain Standard Time on Election Day to be counted. ● Wednesday, November 26, 2025– Deadline to certify election results. Official results will be forwarded to Political Subdivisions. 1-10-102(1), 1-10-103(1) C.R.S. ● Monday, February 2, 2026 – Last day for the Clerk to mail invoices to Political Subdivisions for their share of the election as well as any recount costs. ● Friday, February 27, 2026 – Last day for Political Subdivisions to submit payment for election and recount costs to the Clerk's office. 33 AGENDA ITEM NO. 4.2 Item Cover Page DATE:August 5, 2025 TIME:45 min. SUBMITTED BY:Greg Roy, Community Development ITEM TYPE:Action Items AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:Resolution No. 35, Series of 2025, A Resolution Approving a Development Agreement between the Town of Vail and Vail Land Partners LLC SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 35, Series of 2025. PRESENTER(S):Greg Roy, Planning Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Resolution 35, Series of 2025 Cornerstone DA.docx Cornerstone Development agreement.pdf 34 RESOLUTION NO. 35 Series of 2025 A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND VAIL LAND PARTNERS LLC WHEREAS, Vail Land Partners LLC (the “Developer”) is the owner of certain real property known as the Cornerstone site and more particularly described in the Development Agreement attached hereto as Exhibit A and incorporated herein by this reference (the “Agreement”); WHEREAS, the Developer filed an application for approval of a major amendment to Special Development District No. 4, to approve an amended Development Plan for Area A, Cascade Village (the “Development”), which application was approved by the Vail Town Council in Ordinance No. 14, Series 2025, subject to the execution of th e Agreement; and WHEREAS the Developer and the Town wish to enter into the Agreement to facilitate the Development. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Agreement 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 Agreement 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 5th day of August 2025. _________________________ Travis Coggin, Mayor ATTEST: Stephanie Kauffman, Town Clerk 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 AGENDA ITEM NO. 4.3 Item Cover Page DATE:August 5, 2025 SUBMITTED BY:Pete Wadden, Environmental Sustainability ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:Letter of Support for Preservation of Shoshone Water Rights SUGGESTED ACTION:Direct staff to express support for the Colorado Water Conservation Board's efforts to preserve the historic Shoshone Water rights as permanent in-stream flows in the form of the attached letter of support and by signing on to a joint letter drafted by Eagle River Water & Sanitation District. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Shoshone Water Right Memo 08052025.pdf ShoshoneLetterofSupportTownofVail.pdf 51 To: Vail Town Council From: Environmental Sustainability Department Date: August 5, 2025 Subject: Shoshone Water Right Preservation Presentation I. SUMMARY The purpose of this memorandum is to request the Vail Town Council approve the attached letter of support for the Colorado River District’s effort to preserve the historic Shoshone Water Rights as in-stream flow rights held by Colorado Water Conservation Board (CWCB). II. DISCUSSION The Shoshone Hydro Plant and associated water rights are owned by the Public Service Company of Colorado, a subsidiary of Xcel Energy. The two water rights associated with the Plant are among the oldest and largest non-consumptive water rights in the Upper Colorado River Basin. As such, these water rights have shaped how water use has been developed and how water is managed in Colorado for over a century. For more than 20 years, the Colorado River District has partnered with other western slope entities to seek a way to permanently preserve the Shoshone flows. The 2013 Colorado River Cooperative Agreement between Denver Water and 15 West Slope entities expressly recognized the importance of and need to protect the Shoshone Flows in the Colorado River for economic, environmental, and recreational interests. The Colorado River District is now on the cusp of making this goal a reality. On June 17, Andy Mueller, General Manager of the Colorado River District, spoke to Council, presenting the case for the need to protect the historic Shoshone Water Rights as in-stream flows. Council expressed support for the River District's efforts. The Shoshone Water Rights initiative will face an important milestone on August 9 as it seeks a decision from CWCB. III. ACTION REQUESTED Authorize staff to submit letters of support to CWCB in favor of preservation of the Shoshone Water Rights as in-stream flows. 52 August 5, 2025 Colorado Water Conservation Board 1313 Sherman Street, Room 718 Denver, CO 80203 RE: Letter of Support Shoshone Water Rights Preservation The Town of Vail wishes to express its strong support for the permanent protection of the Shoshone Water Rights. The Shoshone Hydroelectric Plant holds some of the largest and most senior nonconsumptive water rights in the Upper Colorado River system. For over a century, these water rights have ensured essential water fiows through Glenwood Canyon in the main stem of the Colorado River, “pulling” water downstream through tributaries like Gore Creek and the Eagle River as well. These fiows are crucial to the health and vibrancy of the communities on Colorado’s Western Slope. The Shoshone water rights are vital to Colorado’s nearly $12 billion dollar agricultural and nearly $15 billion dollar recreational economies which support our thriving Western Slope communities. The Shoshone call has underpinned the way water is distributed in Colorado for generations. To deny the Colorado River Water Conservation District’s request for an in- stream fiow right would risk upending a delicately balanced system that is increasingly strained by heavy use and an uncertain climate future. Increasing temperatures and dwindling snowpack have diminished fiows in the Colorado River by 20% since the turn of the 21st Century. The best available science indicates that this downward trend will continue in years to come. Without the Shoshone water rights, fiows in western slope rivers would be signiflcantly lower, threatening critical habitat that supports Gold Medal flsheries and native and endangered flsh habitat. Town of Vail, a headwaters community on the banks of Gore Creek values the health and vitality of our local waterway and has invested millions of dollars over the last decade to restore our it. The people of Vail are keenly aware that the snow that falls on our local mountains becomes the water that serves 40 million people throughout the Colorado River Basin and beyond. Vail is proud to join a broad, diverse, and long-standing coalition of communities, local partners, irrigation entities, environmental groups, and recreation interests in support of the Colorado River District’s application for an in-stream water right. We urge you to approve this application and support this one-time opportunity to protect the Colorado River and the communities that depend on it. 53 Sincerely, 54 AGENDA ITEM NO. 5.1 Item Cover Page DATE:August 5, 2025 TIME:30 min. SUBMITTED BY:Tom Kassmel, Public Works ITEM TYPE:Presentation/Discussion AGENDA SECTION:Presentation/Discussion (6:10pm) SUBJECT:Arrive Vail Concept Design Discussion (6:10pm) SUGGESTED ACTION:Listen to presentation and provide feedback. PRESENTER(S):Tom Kassmel, Acting Director of Public Works and Transportation VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo 8-5-25.docx 2025.07.30_VTCE- Council Presentation for 08.05..pdf 55 To: Town Council From: Public Works Department Date: August 5, 2025 Subject: Arrive Vail - Vail Transportation Center Expansion Update Phase II - Concept Design I. SUMMARY The Town of Vail has budgeted $1.5 Million to complete the planning and design of the future expansion of the Vail Transportation Center (VTC). Half of the cost (up to $750,000) will be reimbursed as a part of the Multi Modal Option Fund grant awarded to the Town in the fall of 2022. The purpose of the project is to update and expand the VTC to accommodate current and future needs. Transit use growth of the Vail Transit Center has exceeded current capacity during peak season and is anticipated to grow with the success of Core (EVTA), the expansion of Bustang, and the success and expansion of Town of Vail transit services. The planning and design process will utilize the recently adopted Vail Mobility and Transportation Master Plan and the completed Arrive Vail Phase I – Goals and Concept Analysis as a guideline to begin concept design on a new and updated Vail Mobility/Transit & Arrival Center. The Town has contracted with 4240 Architecture Inc. to facilitate and execute this planning and design process with four phases: Phase I Goals & Needs and Initial Programming Concept Analysis (Complete) Phase II Concept Design (Summer/Fall 2025) Phase III Design Development/Entitlements (Winter/Spring 2025/26) Phase IV Final Design & Construction Documents (Summer/Fall 2026) The purpose of this Council session is to:  Review the layout, bulk and massing of potential concept designs for a new arrival center which could include additional cultural, community, and civic activation areas.  Identify whether or not the Town Municipal center should relocate to this location as a civic activator.  Identify other potential opportunities for the Arrive Vail site II. NEXT STEPS 56 Town of Vail Page 2 Based on feedback and direction from Council, the design team will continue to advance the concept design, provide a Rough Order of Magnitude (ROM) pricing, and engage the public through www.engagevail.com and additional public and key stakeholder meetings/opportunities. Phase II – Concept Design is anticipated to be completed by the end of October with the following milestones; Public Engagement (August – October) Advanced Concept Design & ROM (September) Final Concept Design (October) III. RECOMMENDATION Staff recommends Council review the material, listen to presentation, and provide feedback regarding preferred concept design components and phasing. IV. ATTACHMENTS VTC Presentation 57 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 1 VAIL TRANSPORTATION CENTER ARRIVE VAIL PHASE II TOWN COUNCIL UPDATE 08.05.2025 58 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 2 Big Ideas: - Solving for buses on existing extended deck - Leaving prime real estate for arrival - Intuitive wayfinding - Visual connections - Creating a “front porch” SHIFTS FRONTAGE RD. REMOVES BUILDINGS/ REINFORCES SLAB N TRANSIT ARRIVAL TRANSIT TEST-FIT STUDIES PHASE 1 CONCLUSION 19 Bus Bays 420 linear feet of Auto/Taxi/ Rideshare/Shuttle/Van 59 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 3 IDEAS AROUND ARRIVAL PHASE 1 STUDIES OPTION A: “BRIDGE”OPTION B: “PLAZA” 60 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 4 Existing Program 61 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 5 Welcome/Transit Center Transit Center - Back of House (Lockers & Restroom) Ski Museum Restaurant Existing Program 62 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 6 Maximixing Parking - Daylighting Pubic Program - Activating the Area Welcome/Transit Center Transit Center - Back of House (Lockers & Restroom) Ski Museum Existing Program 63 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 7 Activation for the Pedestrian Welcome/Transit Center Transit Center - Back of House (Lockers & Restroom) Ski Museum Existing Program Maximixing Parking - Daylighting Pubic Program - Activating the Area 64 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 8 New Parking Ride Share / Shuttles EXISTING PARKING Ride Share Existing Condition: Proposed : Proposed Section : Parking stalls move from where now Ride share/Shuttles are into where the lower level of the transit center was. One tray of parking is replaced by an area dedicated to Ride Share/Shuttle drop off. 65 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 9 BUS/PARKING DIAGRAMS Car Parking Ride Share/ Shuttle/ Drop Off Bus Parking TRANSIT CENTER Indoor Outdoor Shuttles / Car Buses In-Town Shuttle 66 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 10 TRANSIT ARRIVAL TRANSIT BOH SKI MUSEUM Not a welcome mat, but a Red Carpet 67 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 11 TRANSIT ARRIVAL TRANSIT BOH SKI MUSEUM Not a welcome mat, but a Red Carpet 68 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 12 TERRACE 1 Not a welcome mat, but a Red Carpet 69 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 13 View to Welcome Center from Bus Not a welcome mat, but a Red Carpet 70 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 14 View to mountain from top terrace Not a welcome mat, but a Red Carpet 71 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 15 TERRACE 2 Not a welcome mat, but a Red Carpet 72 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 16 View to mountain from mid terrace Not a welcome mat, but a Red Carpet 73 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 17 View to plaza from mid terrace Not a welcome mat, but a Red Carpet 74 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 18 Not a welcome mat, but a Red Carpet 75 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 19 1974 2026 WELCOME CENTER TRANSIT CENTER Emphasizing & celebrating nature Soft climb interwoven with landscape Not a welcome mat, but a Red Carpet Prominant paved Grand stair 1991 WELCOME CENTER TRANSIT CENTER 76 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 20 Not a welcome mat, but a Red Carpet Plaza Entry 77 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 21 View to Mountain from Plaza Not a welcome mat, but a Red Carpet 78 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 22 View back to Welcome Center Not a welcome mat, but a Red Carpet 79 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 23 Plaza precedent: Interweaving Nature & Public Space 80 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 24 TRANSIT ARRIVAL Site Analysis Prominent Location Very active Pedestrian Corridor 81 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 25 1: CULTURAL What could activate this space? 82 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 26 1: CULTURAL 2: COMMUNITY What could activate this space? 83 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 27 1: CULTURAL 2: COMMUNITY 3: CIVIC What could activate this space? 84 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 28 MUSEUM MuseumACTIVATOR 1: CULTURAL 85 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 29 Museum Food & Beverage MUSEUM ACTIVATOR 1: CULTURAL 86 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 30 MUSEUM Rooftop cafe Prominent location with visual connection to the mountain and to historical objects.. Museum - DiagramsACTIVATOR 1: CULTURAL 87 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 31 Museum - PrecedentACTIVATOR 1: CULTURAL 88 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 32 Food & Beverage ACTIVATOR 2: COMMUNITY 89 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 33 MuseumFood & Beverage ACTIVATOR 2: COMMUNITY 90 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 34 Most Approachable Perhaps the most activating Community - DiagramsACTIVATOR 2: COMMUNITY 91 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 35 F&B - PRECEDENTSACTIVATOR 2: COMMUNITY The Range - Steamboat Springs CO Vue Rooftop Dillon CO 92 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 36 Civic Museum ACTIVATOR 3: CIVIC 1 93 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 37 Council Chambers /Community Space Prominent active location Civic 1 - DiagramsACTIVATOR 3: CIVIC 1 94 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 38 LEVEL 0 EXCAVATED LEVEL BELOW EXISTING KEY PLANPARKING COUNT & CIRCULATION PLAN Municipal Museum DOUBLE LANE ONE-WAY TRAVEL TOTAL COUNT: 57 STALLSEXISTING CURB LINE Municipal Parking INDEPENDENT MUNICIPAL VEHICULAR ACCESS Civic 1 - ParkingACTIVATOR 3: CIVIC 1 95 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 39 ACTIVATOR 3: CIVIC 1 Provo Public Safety & City Center Provo, UT Robert Libke Public Safety Building Oregan City., OR Bozeman Public Safety Center Bozeman, MO 96 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 40 Shalin Liu Performance Center Rockport, MA ACTIVATOR 3: CIVIC 1 97 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 41 CivicMuseum ACTIVATOR 3: CIVIC 2 98 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 42 Cafe Civic 2 - DiagramsACTIVATOR 3: CIVIC 2 Council Chambers /Community Space 99 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 43 parking The addition of the civic program necessitates additional parking, which we would gain in this scheme by adding a new tray of 60 stalls above the ride share/drop off along the southern edge of the garage. Ride share & Drop off Civic 2 - ParkingACTIVATOR 3: CIVIC 2 100 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 44 Civic 2 - ParkingACTIVATOR 3: CIVIC 2 The addition of the civic program necessitates additional parking, which we would gain in this scheme by adding a new tray of 60 stalls above the ride share/drop off along the southern edge of the garage. 101 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 45 Civic 2 - PrecedentAspen City Hall Aspen, Co 102 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 46 Museum Civic Arrival Food & Beverage ACTIVATOR 3: CIVIC 3 103 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 47 Civic 3 - diagramsACTIVATOR 3: CIVIC 3 Iconic amazing views Full site activation 104 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 48 Civic 3 - Height 1ACTIVATOR 3: CIVIC 3 105 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 49 Civic 3 - Height 2ACTIVATOR 3: CIVIC 3 106 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 50 Civic 3 - ParkingACTIVATOR 3: CIVIC 3 The addition of the civic program necessitates additional parking, which we would gain in this scheme by adding a new tray of 60 stalls above the ride share/drop off along the southern edge of the garage. 107 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 51 John Oliver Transit Center Greenfield, MA Civic 3 - Precedent 108 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 52 Base Program: Welcome/Transit Center Arrival Center - Back of House (Lockers & Restroom) Ski Museum SUMMARY 109 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 53 Museum F & B F & B Museum Activator Program Choices: Culture SUMMARY 2 1 - Anchored around a new ski museum which takes advantage of great views of the ski mountain and proximity to the 10th Mountain Division Memorial. Community - Here the Museum and the Food and Beverage hall flip so that F & B has the more prominant position on the lower plaza. This scheme may be the one which brings the most life to the plaza. 110 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 54 Civic Museum Civic Museum 4 Activator Program Choices: SUMMARY 3 Civic 1 - Here the prominant corner is given to a new Vail Municipal building. A large space on the top floor would be used for Council Chambers and could be used for Community events as well as rented for Private uses. Additional parking is provided under the new Municipal building. Civic 2 - Here the Museum is given the Prominant corner and the Municipal building hugs the South Eastern portion of the garage. Additional parking is provided by an additional tray to be added above the upper parking deck. 111 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 55 Civic MuseumF&B 5 Activator Program Choices: SUMMARY Civic 3 - The most ambitious of the 5 schemes, this locates a new Municipal building atop the new Transit Arrival Building. This would give the Council Chambers/ Community Space great views of the surrounding town and valley. This scheme hosts both a building dedicated to Food & Beverage as well as a new Ski Museum. 112 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 56 Council Direction: - Is this the correct site for Municipal uses? - Are we missing any potential uses? - How important is phasing or the ability to separate project timing, financing, etc.? - Is there a preferred direction? 113 ARRIVE VAIL 39°38’32” N 106°22’25” W TRANSPORTATION CENTER EXPANSION page 57 Next Steps: - Community Engagement - Project Update @ Community Picnic 8/12 - 4240 Team - advance programing of spaces within the buildings - produce area analysis of the program spaces - advance site design & create illustrative site plans for the refined options - meet with General Contractor to understand rough order of magnitude (ROM) costing of the program spaces - Return to Town Council in early to mid-September - Community Engagement - Project Update following Council direction - 4240 Team (post September Council Meeting) - further refine the chosen concept design option for pricing - Return to Town Council in early to mid-October for Phase II Concept Design approval 114 AGENDA ITEM NO. 6.1 Item Cover Page DATE:August 5, 2025 TIME:30 min. SUBMITTED BY:Lauren Noll, Finance ITEM TYPE:Action Items AGENDA SECTION:Action Items (6:10pm) SUBJECT:Resolution 32, Series of 2025 A Resolution of the Vail Town Council Submitting a Ballot Issue to the Registered Electors of the Town at the Town's Regular Election on November 4, 2025 (6:30pm) SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 32, Series of 2025. PRESENTER(S):Carlie Smith, Director of Finance; Lauren Noll, Revenue Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 250805 STR Tax - Memo.docx 250805 STR Tax - Resolution No. 32.docx 250805 STR Excise Tax.pptx Public Comment.pdf 115 _________________________________________________________________________ Memorandum TO: Town Council FROM: Finance Department DATE: August 5, 2025 SUBJECT: Resolution No. 32, Series of 2025, STR Excise Tax I. SUMMARY In 2024 Town Council set a goal to have short-term rentals contribute financially to housing. After exploring a potential fee, Council surveyed voters about an STR tax dedicated for housing programs, projects, and initiatives. With favorable feedback from voters, Council requested staff prepare a resolution to place the measure on the November 2025 ballot. II. BACKGROUND In late 2024/early 2025, Council considered implementing an annual STR impact fee of $1,200 per bedroom for approximately 2,616 short -term rental properties within the Town of Vail. This fee was supported by a study performed by EPS and RRC which demonstrated that STRs drive increased demand for employees to support the spending generated by the STR bed base, thus raising the need for housing for those employees. After receiving public and legal feedback, the Council decided to pivot from the impact fee to a dedicated STR excise tax, which received more favorable responses during public comment. To assess potential voter support for a 6% STR excise tax, staff contracted Magellan Strategies to conduct a survey. A total of 506 voters responded. While a general tax increase received mixed feedback, support for a dedicated STR excise tax to fund housing programs, projects, and initiatives was favorable. By the end of the survey 69% of respondents expressed support for implementing an STR excise tax. This represented strong, broad- based support across age groups, political affiliations, and both renters and homeowners throughout Vail. The survey also included paraphrased ballot language to issue debt backed by the STR excise tax revenues. In addition, Magellan surve yed the condotel lodging community and received 22 responses. This group expressed 70% opposition to the proposed tax. Council reviewed the results of the surveys at the July 1 st meeting and supported moving forward with an STR measure on the November ballot. 116 - 2 - III. DISCUSSION At the July 15th Council meeting, Council reviewed ballot language options for an STR excise tax, including the tax rate, using the tax for current and future housing project debt payments, and authorizing the town to issue debt backed by the STR tax. Council supported moving forward with the 6% tax rate from the voter survey. This rate is expected to generate approximately $7.2M annually, similar to the estimated revenue from the previously considered $1,200 per bedroom fee. Resolution 32’s ballot language authorizes collection of up to $8.7 million to give cushion due to TABOR if actual collections exceed projections. Council also agreed to keep the ballot language clear, simple, and concise. The draft language allows STR tax revenues to be used for housing activities, developments, and programs both within and outside the Town of Vail (consistent with the current housing sales tax) but does not include debt issuance. Council may choose to return to voters in the future to request authorization for debt issuance backed by the STR tax. Based on Council feedback, staff worked with legal counsel to draft ballot language. Once the ballot language is introduced, the Town will not be able to place additional financial resources towards the ballot but can approve a support resolution later in the year. IV. ACTION REQUESTED FROM COUNCIL Approve, approve with amendments, or deny Resolution No. 32, Series of 2025. 117 7/30/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@D415854E\@BCL@D415854E.DOCX RESOLUTION NO. 32 SERIES 2025 A RESOLUTION OF THE VAIL TOWN COUNCIL SUBMITTING A BALLOT ISSUE TO THE REGISTERED ELECTORS OF THE TOWN AT THE TOWN'S REGULAR ELECTION ON NOVEMBER 4, 2025 WHEREAS, the Town Council wishes to submit a ballot issue to the registered electors of the Town at the Town's regular election on November 4, 2025. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The following ballot issue shall be submitted to the Town's registered electors at the November 4, 2025 regular election: SHALL TOWN OF VAIL TAXES BE INCREASED $8,700,000 IN THE FIRST FULL FISCAL YEAR AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY THE LEVY OF A NEW TAX ON SHORT-TERM RENTAL ACCOMMODATIONS AT A RATE OF SIX PERCENT (6%) OF THE TOTAL CONSIDERATION PAID FOR SUCH ACCOMMODATIONS, TO TAKE EFFECT ON JANUARY 1 2026, WITH THE REVENUES FROM SUCH TAX TO BE USED TO FUND HOUSING ACTIVITIES, HOUSING DEVELOPMENTS, HOUSING PROGRAMS AND RELATED ACTIVITIES INSIDE AND OUTSIDE OF THE TOWN; AND SHALL THE REVENUES FROM SUCH TAX AND ANY INVESTMENT EARNINGS THEREON BE COLLECTED AND SPENT BY THE TOWN FOR THE ABOVE-STATED PURPOSES AS A VOTER- APPROVED REVENUE CHANGE, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING OR OTHER LIMITATION CONTAINED IN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW ? Yes ____ No _____ INTRODUCED, READ, APPROVED AND ADOPTED THIS 5th day of August, 2025. ______________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 118 Vail Short-Term Rental Excise Tax Ballot Question and Resolution August 5, 2025 119 Town Council | Finance | Survey Results 88% of respondents said that the lack of housing was a big or somewhat of a big problem Support for General tax increase for housing 43% 51% 6% Total Support Total Oppose No Opinion Support for STR Excise Tax for housing Strongly Support 42% Somewhat Support 27% Strongly Oppose 18% Somewhat Oppose 9% 120 Town Council | Finance | Current and Proposed STR Taxes Tax Rate State of Colorado Sales Tax 2.9% Eagle County Sales Tax 1.0% Eagle County Transportation Sales Tax 0.5% Regional Transportation Authority Sales Tax 0.5% Town of Vail Sales Tax 4.5% Marketing and Promotion Tax - Lodging Tax 1.4% Total Tax - Current 10.8% STR Excise Tax (Proposed)6.0% Total Tax - Proposed 16.8% 121 Town Council | Finance | Peer Community STR Excise Taxes Community Tax Rate Effective Date Ouray 15%12/6/2021 Aspen 10% for investment properties and 2nd homes; 5% for primary resident and condotels 5/1/2023 Steamboat 9%1/1/2023 Crested Butte 7.5%7/1/2022 Dillon 5%7/1/2023 Frisco 5%6/1/2022 Telluride 2.5%1/1/2020 Avon 2%1/1/2022 122 STR Tax Revenue Estimates Tax Rate Estimated Annual Revenue 2%2,405,723 3%3,608,585 5%6,014,308 6%7,217,169 8%9,622,892 10%12,028,616 A 6% STR Excise Tax will generate approximately $7.2M annually to fund housing programs, projects, and initiatives Town Council | Finance | 123 Uses for Tax The ballot language includes the following: The increased revenue would create an annual funding source specifically dedicated for housing activities, housing developments, and housing programs and related activities inside and outside the town. Examples of possible future uses include: •Purchase of new Timber Ridge units: $25M •Development of CDOT parcel in East Vail •Enhancements to Vail InDeed Program •Partnerships with other communities and organizations toward down valley projects such as EagleVail 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 Town Council | Finance | 124 Town Council | Finance | Council Feedback •Does Council support the ballot language for the November 4th election? 125 Next Steps •Council is asked to take formal action on Resolution No. 32, Series of 2025 •If passed, the ballot will be sent to be translated •Once translated, the Town will certify the ballot question to the Eagle County Clerk and Recorder’s office by September 5th •Council may choose to pass a support resolution in October Town Council | Finance | 126 From:Ryan Famularo To:PublicInputTownCouncil Cc:Erin Kanaley-Famularo Subject:Proposed 6% tax on short-term rentals Date:Monday, August 4, 2025 2:32:50 PM Hello Council Members, My name is Ryan, and I’ve been a short-term rental host in Vail since 2015. We've successfully and responsibly rented out our home for nearly a decade, and in that time, we've welcomed guests, supported local businesses, and contributed to the community we love. I’m reaching out to express my concern about the proposed 6% tax on short-term rentals that the Town Council is considering ahead of the August 1 vote. While I support contributing to our community, this flat tax feels out of step with the reality for small, independent hosts like myself. We rely on STR income to help cover the costs of living in Vail. A one-size-fits-all tax unfairly impacts local residents while giving a pass to large hotels that aren’t subject to the same rules. I respectfully ask the Council to consider a more thoughtful, tiered approach—one that reflects the diversity of hosting models in Vail and protects residents who depend on this income to stay rooted here. Thank you for your time and consideration. I truly hope we can land on a policy that’s fair, sustainable, and reflective of the community values we all share. Ryan Famularo 1240 Lions Ridge Loop Unit 1C Vail, CO 81657 127 AGENDA ITEM NO. 6.2 Item Cover Page DATE:August 5, 2025 TIME:15 min. SUBMITTED BY:Tom Kassmel, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Action Items (6:10pm) SUBJECT:Contract Award to Coleman Custom Homes LTD for Gore Creek Promenade Construction (7:00pm) SUGGESTED ACTION:1. Authorize the Town Manager to enter into a construction agreement with Coleman Custom Homes, Ltd in an amount not to exceed $ 1,500,000 for the construction of the Gore Creek Promenade Renewal project. 2. In 2025 $ 1,078,450 is budgeted for the Promenade Project and $ 1,000,000 is budgeted for this project in 2026. Staff is requesting to move forward the 2026 Funds to 2025 in the next Budget Supplemental. PRESENTER(S):Gregg Barrie, Landscape Architect VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Gore_Creek_Promenade_Renewal_TC_Memo_8-5-25_-Construction_Contract_Award (1).pdf 128 To: Vail Town Council From: Department of Public Works Date: August 5, 2025 Subject: Gore Creek Promenade Renewal – Construction Contract Award I. ITEM PURPOSE The purpose of this agenda item is to request that the Town Council award a construction contract to Coleman Custom Homes for the construction of the Gore Creek Promenade Renewal project. The award will require an adjustment to the current project budget as described below in the Budget section. II. BACKGROUND Over the past 11 months, the Gore Creek Promenade Renewal project has moved through the design and approval process. The goal of the project has been to address significant wear and tear in the popular park while improving park deficiencies such as lack of seating, improving access to Gore Creek, and ensuring the park is accessible for those with a disability or mobility impairment. The design project began with an on-site public Open House in September 2024, followed by six Town Council meetings, three Design Review Board meetings, several Engage Vail surveys and input from business owners and the public. Construction drawings and bid documents were prepared between March and June. III. PROJECT BIDS An Invitation to Bid was posted on June 11th, and two bids were submitted on July 21st. • Coleman Custom Homes $ 1,147,853.89 • MW Golden $ 1,878,245.10 The CCH Bid included several assumptions that reduced the bid amount. After discussions with town staff, the Bid has been revised to the original bid quantities. This increases the base construction by approximately $156,000. IV. ART COMPONENTS Two artists submitted proposals for site-integrated artistic components to be included in the project. These proposals were presented by the artists to the AIPP Board in June. While the Board provided direction on which concepts were favored, no final decisions were made on how to incorporate these proposals because staff wanted to ensure the art 129 Town of Vail Page 2 would fit into the projected budget. Now that the construction cost is understood, the development of the artistic components can move forward. These components will be/were discussed at the August 4th AIPP meeting. The next step will be to have the artist(s) further refine the concepts and costs for the project. Staff is anticipating approximately $100,000-$150,000 for the art components, including a large stone fire pit feature. In addition, there will be some site construction costs associated with installation such as concrete footings, gas connections, etc., still to be determined. V. CONSTRUCTION SCHEDULE Pending award of the Contract, CCH is prepared to start work on September 2nd, the day after Labor Day. The project will be performed during two construction windows: Fall 2025 September 2 to November 13 Spring 2026 April 27 to June 26 It is currently projected that the park will be fully or mostly open to the public during the winter construction break. It should be noted that there will likely not be a fire pit available this winter. In addition, the majority of the park will be closed to the public during the GoPro Games in 2026 although project managers will evaluate that situation as the games approach. The project schedule anticipates that the park will be fully open to the public by the July 4th holiday 2026. VI. PROJECT BUDGET Currently, the project budget is split between the approved 2025 budget and the proposed 2026 budget as part of the 5-Year Budget Plan as follows: 2025 $ 1,078,450 2026 $ 1,000,000 $ 2,078,450 Awarding the project will require supplementing the 2025 budget, which is basically moving the 2026 funding backward into 2025. The full anticipated budget is as follows: Design $ 130,000 Current expenditures CCH Bid $ 1,500,000 Construction contract award maximum Contingency $ 150,000 10% construction contingency Art Features $ 200,000 Includes art and installation estimates CA $ 40,000 Construction Administration from design consultants Light Fixtures $ 25,000 Owner-provided per CD’s Total $ 2,045,000 In addition, there are concerns about how the existing paver walkway will hold up during the construction process with numerous trips of materials and heavy equipment. With that in mind, staff would request to supplement the 2025 budget with the full $1,000,000 currently proposed in the 2026 budget. The Council will still have an opportunity to review and approve the art budget and contracts as those are developed over the coming months. And, any project Change Orders require the approval of the Town Manager. 130 Town of Vail Page 3 VII.STAFF RECOMMENDATION The Gore Creek Promenade is an important public space in the heart of Vail Village. The park is showing signs of significant wear and tear and is in need of improvements and durable surfaces. Staff recommends supplementing the 2025 budget as requested for the construction of the Renewal project and awarding the construction contract to begin the project in September. VIII.ACTION REQUESTED BY COUNCIL 1. Authorize the Town Manager to enter into a construction agreement with Coleman Custom Homes, Ltd in an amount not to exceed $ 1,500,000 for the construction of the Gore Creek Promenade Renewal project. 2. In 2025 $ 1,078,450 is budgeted for the Promenade Project and $ 1,000,000 is budgeted for this project in 2026. Staff is requesting to move forward the 2026 Funds to 2025 in the next Budget Supplemental. Attachments: •Proposed Design Concept for the Gore Creek Promenade Renewal 131 13 Legend 1) Bluegrass Lawn 2) Terraced Creek Accesses 3) Lower Plaza 4) West Plaza 5) Central Plaza 6) Whitewater Park Seating 7) Accessible Route 8) Promenade Walk 9) Public Art Locations 10) Trash Receptacles 11) Site Furniture 12) Bike/Ski Racks GORE CREEK PROMENADE APPROVED PLAN 13 2 AGENDA ITEM NO. 7.1 Item Cover Page DATE:August 5, 2025 TIME:30 min. SUBMITTED BY:Greg Roy, Community Development ITEM TYPE:Public Hearings AGENDA SECTION:Public Hearings (7:15pm) SUBJECT:Resolution No. 33, Series of 2025, An Amendment to Section 5.7.5 of the Lionshead Redevelopment Master Plan (Lions Pride) (7:15pm) SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 33, Series of 2025. PRESENTER(S):Greg Roy, Planning Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Staff Memorandum 080525.pdf Attachment A.Resolution No. 33, Series of 2025.pdf Attachment B. PEC25-0016 Staff Memo 7-14-25.pdf Attachment C. PEC25-0016 Materials 7-14-25.pdf Attachment D. PEC Results 7-14-25.pdf Attachment E. Staff Presentation 8-5-25.pdf Attachment F. Applicant's Memo 8-5-25.pdf Attachment G. Applicant's Presentation 8-5-25.pdf 133 TO: Vail Town Council FROM: Community Development Department DATE: August 5, 2025 SUBJECT: Resolution No. 33, Series of 2025, Amendment to Section 5.7.5 of the Lionshead Redevelopment Master Plan Applicant: Telemark Ventures, LLC & Vail Property Group, LLC represented by Ruther Associates LLC Planner: Greg Roy I. PURPOSE The purpose of is item is to request Council approve, approve with modifications, or deny Resolution No. 33, Series of 2025, for an amendment to the Lionshead Redevelopment Master Plan (PEC25-0016) II. BACKGROUND/SUMMARY Section 5.7.5 is a specific section of the Lionshead Redevelopment Master Plan (LRMP) that refers to the Lions Pride building and parking deck is located at 500 and 534 East Lionshead Circle. At the time this section was written the Lions Pride building wa s occupied and the parking deck was a three-level parking structure. Two levels of the parking structure were demolished in 2019 due to safety concerns. The ground level parking was preserved and has continued to be used to date as a surface parking lot. The LRMP noted that the parking structure was in a “questionable condition” and noted that as a prime pedestrian corridor, it should be redeveloped as a priority. The plan also states that the parking spaces “must be replaced”. In previous entitlements for the site this has been taken to mean that the spaces need to be replaced in addition to the required parking for the development placed on that site. The applicant wishes to modify the above section of the LRMP to take out the sentence noting the existing spaces must be replaced under a proposed structure. In the proposed amendment additional language would be added that points to other sections of the LRMP that support not requiring additional parking as it would be contradictory to the LRMP overarching goal of promoting redevelopment. 134 Town of Vail Page 2 The PEC reviewed the item on July 14th, 2025 and forwarded a recommendation of approval to the Town Council by a 5-0 vote, with the condition that the proposed language strikes the sentences from the word “Further” to the word “granted” as outline in the language below. The minutes for that meeting are attached. III. PROPOSED AMENDMENT The revised sections of the LRMP are provided below. The new text proposed to be added is in bold. Removed language is struck through. The PEC’s condition of approval is noted with bold red strikethrough 5.7.5 Lions Pride Building and Parking Deck "The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both visually and physically), their redevelopment and compliance with the Master plan sho uld be considered a priority. To that end, in 2019, the top deck of the parking deck was demolished to protect public health, prevent property loss, and eliminate serious safety hazards due to its failing structural components. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. The existing parking is exempt from the no net loss of parking ground ru le. This exemption is consistent with the parking policy considerations set forth in Section 4.8 (a-e) herein. Unlike other private improvements in the Lionshead Study Area, the parking garage is unique in that it is a privately-owned, stand-alone parking structure that does not fulfill the parking requirements prescribed by the Vail Town Code for any existing residential or commercial development. Further, the intent of the no net loss of parking ground rule is to preserve existing parking. In this instance, however, to do so unduly burdens the property owner to provide parking when said parking is only allowable, subject to the issuance of a conditional use permit, which may, or may not be approved by the Town of Vail. In this specific instance, the no net loss of parking ground rule inadvertently and unintentionally limits the redevelopment of the property as there are no economic incentives offered by the Plan that offset the financial impacts of replacing 139 structured parking spaces at a replacement cost in excess of $125,000 per parking space and the Town of Vail cannot guarantee that a conditional use permit will be granted. Any other parking requirements as may be applicable are intended to apply. 135 Town of Vail Page 3 IV. RECOMMENDATION On July 14th, 2025, the Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council. Should Council approve the resolution, PEC recommends the following motion: “I move to approve Resolution No. 33, Series of 2025, A resolution of the Vail Town Council adopting an amendment to Section 5.7.5 of the Lionshead Redevelopment Master Plan.” V. ATTACHMENTS A. Resolution No. 33, Series of 2025 B. PEC25-0016 Staff Memo 7-14-25 C. PEC25-0016 Materials 7-14-25 D. PEC Minutes 7-14-25 E. Staff’s Presentation 8-5-25 F. Applicant’s Memo 8-5-25 G. Applicant’s Presentation 8-5-25 136 1 RESOLUTION NO. 33 SERIES 2025 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN AMENDMENT TO SECTION 5.7.5 OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN WHEREAS, on December 15, 1998, the Town Council adopted the Lionshead Redevelopment Master Plan (the "Master Plan") by Resolution 14, Series 1998; WHEREAS, on June 10, 2025 pursuant to Section 2.8 of the Master Plan, Telemark Ventures, LLC, Vail Property Group, LLC, and Battle Mountain, LLC ("Applicant") filed an application to amend to the Master Plan (the "Application") WHEREAS, on July 14 2025, 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 August 5, 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 5th DAY OF AUGUST, 2025. ______________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kaufmann, Town Clerk 137 2 EXHIBIT A Master Plan Amendment 1. Section 5.7.5 of the Master Plan is amended as follows: 5.7.5 Lions Pride Building and Parking Deck "The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both visually and physically), their redevelopment and compliance with the Master plan sho uld be considered a priority. To that end, in 2019, the top deck of the parking deck was demolished to protect public health, prevent property loss, and eliminate serious safety hazards due to its failing structural components. An opportunity exists to con vert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking is exempt from the no net loss of parking ground rule. This exemption is consistent with the parking policy considerations set forth in Section 4.8 (a -e) herein. Unlike other private improvements in the Lionshead Study Area, the parking garage is unique in that it is a privately-owned, stand-alone parking structure that does not fulfill the parking requirements prescribed by the Vail Town Code for any existing residential or commercial development. Any other parking requirements as may be applicable are intended to apply. 138 TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 14, 2025 SUBJECT: A request for recommendation to the Vail Town Council, pursuant to Section 3 -2- 6A, Function, Vail Town Code, to amend Section 5.7.5 of the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. (PEC25 - 0016) Applicant: Telemark Ventures, LLC & Vail Property Group, LLC represented by Ruther Associates LLC Planner: Greg Roy I. INTRODUCTION/OVERVIEW The applicant, Telemark Ventures, LLC & Vail Property Group, LLC represented by Ruther Associates LLC, is requesting a recommendation to the Vail Town Council, pursuant to Section 3-2-6A, Function, Vail Town Code, to amend Section 5.7.5 of the Lionshead Redevelopment Master Plan. The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council, to amend Section 5.7.5 of the Lionshead Redevelopment Master Plan . Section 5.7.5 is a specific section of the Lionshead Redevelopment Master Plan (LRMP) that refers to the Lions Pride building and parking deck is located at 500 and 534 East Lionshead Circle. At the time this section was written the Lions Pride building was occupied and the parking deck was a three-level parking structure. Two levels of the parking structure were demolished in 2019 due to safety concerns. The ground level parking was preserved and has continued to be used to date as a surface parking lot. The LRMP noted that the parking structure was in a “questionable condition” and noted that as a prime pedestrian corridor, it should be redeveloped as a priority . The plan also states that the parking spaces “must be replaced”. In previous entitlements for the site 139 Town of Vail Page 2 this has been taken to mean that the spaces need to be replaced in addition to the required parking for the development placed on that site. The applicant wishes to modify the above section of the LRMP to take out the sentence noting the existing spaces must be replaced under a proposed structure. In the proposed amendment additional language would be added that points to other sections of the LRMP that support not requiring additional parking as it would be contradictory to the LRMP overarching goal of promoting redevelopment. II. PROPOSED AMENDMENTS The revised sections of the LRMP are provided below. The new text proposed to be added is in bold. 5.7.5 Lions Pride Building and Parking Deck "The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. To that end, in 2019, the top deck of the parking deck was demolished to protect public health, prevent property loss, and eliminate serious safety hazards due to its failing structural components. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. The existing parking is exempt from the no net loss of parking ground ru le. This exemption is consistent with the parking policy considerations set forth in Section 4.8 (a-e) herein. Unlike other private improvements in the Lionshead Study Area, the parking garage is unique in that it is a privately-owned, stand-alone parking structure that does not fulfill the parking requirements prescribed by the Vail Town Code for any existing residential or commercial development. Further, the intent of the no net loss of parking ground rule is to preserve existing parking. In this instance, however, to do so unduly burdens the property owner to provide parking when said parking is only allowable, subject to the issuance of a conditional use permit, which may, or may not be approved by the Town of Vail. In this specific instance, the no net loss of parking ground rule inadvertently and unintentionally limits the redevelopment of the property as there are no economic incentives offered by the Plan that offset the financial impacts of replacing 139 structured parking spaces at a replacement cost in excess of $125,000 per parking space and the Town of Vail cannot guarantee that a conditional use permit will be granted. Any other parking requirements as may be applicable are intended to apply. 140 Town of Vail Page 3 III. APPLICABLE PLANNING DOCUMENTS Title 12 Zoning Regulations Article 12- 7H Lionshead Mixed Use 1 ( LMU- 1) District LIONSHEAD REDEVELOPMENT MASTER PLAN 1.3 Recommended Actions The following list summarizes the recommended actions, both public and private, that are contained in the master plan. Please refer to individual chapters for more detail on specific topics and individual properties. 1.3.1 Development/ Redevelopment • Encourage, facilitate, and provide incentives for the redevelopment and renovation of existing structures in Lionshead. 2.4 Ground Rules for the Master Planning Process On November 4, 1996, the Town Council adopted the following ground rules for the master planning process in order to clarify the initial parameters and rules under which the master plan would be developed. 1. The master plan to be developed for all public and private lands in Lionshead will serve as the policy framework for all future decision -making on specific development and redevelopment proposals in Lionshead. The master plan will be based on the Lionshead Policy Objectives adopted by the Town Council to reflect the community’s interests. 2. The Town of Vail will work collaboratively with Vail Resorts, Inc. on the master plan for Lionshead and will involve all other interested citizens, business owners and property owners in the master planning process. The master plan ultimately recommended may or may not reflect development approaches currently being explored by VRI. 3. Proprietary information of any private property owner or developer will remain private and confidential unless it becomes part of a public record. 4. There will be no net loss to the Vail community of either locals’ housing or parking spaces (public and private) now existing in Lionshead. 5. Collaborative public/private redevelopment and financing ventures, including urban renewal authorities and downtown development authorities, will be considered. 6. The intent of redevelopment includes minimizing short-term construction-related impacts of redevelopment on existing businesses and residents and increased cooperation between the public and private sectors. 141 Town of Vail Page 4 3.9 Parking The ground rules of the Lionshead master plan state that future redevelopment will not cause a net loss of parking. An assessment of existing parking conditions is discussed in this section. For additional parking information on a town-wide basis, please refer to the Town of Vail carrying capacity analysis and the Master Transportation Study. Existing public and private parking facilities in Lionshead are shown on Map I. 4.8 Parking Parking is a critical component in a mixed-use resort environment such as Lionshead, and any efforts to enhance this component should adhere to the following goals and guidelines: a. Parking must be sufficient to meet demand. Correctly assessing parking demand in an environment such as Lionshead is difficult but extremely important. Overestimating parking demand can be as damaging as underestimating demand due to the extreme expense of parking space (especially if structured) in a real estate environment such as the Vail Valley. Likewise, parking is a large consumer of ground and should be designed to occupy as little real estate as possible. In tight margin developments such as mid-range hotels and locals/employee housing, the expense of parking can be the deciding factor as to the economic viability of the project. Due to these attributes of parking, it is important that true demand, or desired demand, be distinguished from actual u sage. For example, the 142 Town of Vail Page 5 “free after three” program currently in place for the Town of Vail parking structures has undoubtedly increased the usage of these structures during the evening hours (the Lionshead structure filled in the evening for the first time in 1998). However, there has not been a corresponding increase in sales tax revenue, which was the original intent of “free after three”. (Note- concrete studies regarding the utilization of the “free after three” program have not been conducted and it is strongly recommended that this occur if the program is to continue). It is hypothesized that a significant portion of people utilizing the free parking program are in fact employees or people that would have used transit or other means of access if the parking were not as readily available. In other words, parking usage often will rise to fill the available space, but the profile of the user may not be who the parking was intended for. To be concise, the parking supply in Lionshead and the Town of Vail needs to not only meet the demand, it needs to meet the desired demand and should be structured or programmed in such as way to do so. Parking is important, but too expensive and land consuming to be provided without solid reasoning. b. Parking should relate to pedestrian circulation and desired points of access to the pedestrian core. A primary goal of redevelopment in Lionshead is to increase the quality of the pedestrian connections into the retail/ pedestrian core and through it to the ski yard. Any new public parking must have a strong and convenient relationship to this primary destination. However, parking should not use prime development sites and does not have to be immediately adjacent. c. Parking is only one part of an overall access strategy. Public parking is very important in bringing guests to Lionshead, but structured parking is expensive. The cost of structured parking today ranges from 20,000 to 30,000 dollars per space, so other means of access should be carefully considered first. Possible alternatives include an enhanced transit system, more convenient drop -off facilities, a reduction in required parking ratios for certain uses (such as employee and locals housing), off-site and remote parking, and parking disincentives that discourage driving. d. Parking should be visually inconspicuous. Parking should be structured below ground whenever possible. Surface parking areas should be heavily screened with landscaping, berms, and walls. Expanses of asphalt should be interrupted with islands of landscaping or replaced with pedestrian quality paving materials. Surface parking areas should be avoided in or near the retail pedestrian core area. Although structured parking may be more desirable visually, it must be properly designed so as not to detract from the guest’s arrival experience. e. Parking requirements should not constitute an unnecessary disincentive to redevelopment. A thorough review of the current parking pay-in-lieu code and parking ratio requirements is recommended. Given the above discussions it is important that parking requirements accurately meet the true parking demand of new development and redevelopment. For example, a stated goal of the master 143 Town of Vail Page 6 plan is to encourage, facilitate, and provide incentives for the expansion of ground level retail in Lionshead. While this expanded retail will likely represent some level of incremental increase to public parking demand in Lionshead, this demand needs to be accurately understood so the parking pay-in-lieu fee does not make the retail expansion economically unfeasible. The following recommendations for parking deal with existing parking that may be displaced by development, private residential/ lodging parking, public parking supply and demand, and parking for locals/ employee housing. 4.8.1 Potential Displacement of Existing Parking The ground rules for the Lionshead master plan mandate no net loss of parking as a result of redevelopment. Properties potentially affected by this policy include: 4.8.1.1 North Day Lot The north day lot (owned by Vail Associates) has approximately 105 parking spaces, all utilized by Vail Associates employees. Parking on this site serves mountain workers, Vail Associates office personnel, and employees visiting from the company headquarters in Avon. Because much of the current Vail Associates office space in Lionshead will be relocated when the site is redeveloped, parking demand on the north day lot may also decrease. To facilitate development of the site as a public transit center, it may be desirable to relax the parking requirement if it can be demonstrated that future demand will decrease. 4.8.1.2 West Day Lot The west day lot is also owned by Vail Associates and is utilized primarily by mountain based Vail Associates employees. This site offers the possibility of a higher-return development opportunity that may make other less profitable west end developments feasible, and its existing use for parking is virtually certain to change. It is not anticipated that the employee base utilizing this surface lot will decrease; therefore, all the current parking (approximately 160 spaces) will have to be replaced. 4.8.1.3 Charter Bus Parking Lot The charter bus parking area on the east end of the Lionshead parking structure is the proposed location for a future Vail civic/community center. The property is extremely valuable to the community, and its current 4-35 utilization as a parking lot is not its highest and best use. Alternate locations for charter bus parking include the Ford Park parking lot and a down - valley site. A drop-off point for the buses will still be necessary and is recommended as a component of the proposed transit center on the north day lot. 4.8.2 Residential Properties 144 Town of Vail Page 7 As a policy, all residential properties should provide their own parking within their property according to existing Town of Vail regulations and the parameters described above. 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. 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 site conditions for the Lions Pride building and parking deck have changed. The building itself has been vacant for several years and the top two floors of the parking deck have been removed. The lack of uses in the building has decreased the parking demand on the parking structure and its adjacent spaces. The structured portion of the parking on these two lots has been removed without a redevelopment which was not contemplated with the LRMP. As stated, the redevelopment of this area should be considered a priority, but the plan did not contemplate the current condition which has been in place for six years with a vacant building and a private surface parking lot. The buildings were noted to be in questionable condition at the writing of the LRMP, th eir condition has worsened over time and redevelopment should now be even more of a priority than previously noted. Staff finds this criterion to be met. B. How is the original plan in error? 145 Town of Vail Page 8 While the previous plan is not in error, the proposed amendment recognizes a few areas of the LRMP that are in conflict with each other when pertaining to this site. The general purpose of the master plan is to encourage redevelopment of Lionshead. The requirement to replace the parking spaces in excess of what is required, as 5.7.5 has previously been interpreted to mean, is increasingly difficult to provide for this location as an infill site. Section 4.8 (e) on Parking notes that “parking requirements should not constitute an unnecessary disincentive to redevelopment.” The interpretation that the parking spaces in this location would need to be provided in addition to the requirements of a redevelopment project is a disincentive to redevelopment of this site. Staff finds this criterion to be met. C. How the addition, deletion, or change to the Vail Land Use Plan is in concert with the plan in general. The amendment would remove a disincentive to redevelopment of the site which is in line with the recommended action 1.3.1: 1.3.1 Development/ Redevelopment • Encourage, facilitate, and provide incentives for the redevelopment and renovation of existing structures in Lionshead. The amendment is also in concert with Section 4.9 Parking, subsection (e) that says: “Parking requirement should not constitute an unnecessary disincentive to redevelopment”. These sections together look to remove disincentives, promote redevelopment and not let unnecessary parking requirements prohibit redevelopment. The spaces for the proposed development will still be required to be provided with any applications that come forward as stated in 4.8.2 Residential properties: “As a policy, all residential properties should provide their own parking within their property according to existing Town of Vail regulations ”. The proposed amendment is consistent with multiple other sections of the LRMP. Staff finds this criterion to be met. V. RECOMMENDED MOTION The Community Development Department recommends the Planning and Environmental Commission forward 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 (PEC25-0016). Staff’s recommendation is based upon the 146 Town of Vail Page 9 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 5.7.5 of the Lionshead Redevelopment Master Plan, and setting ford details in regard thereto. (PEC25-0016)” 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 July 14, 2025 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 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 Memo B. Applicant’s Presentation 147 RUTHER ASSOCIATES LLC 1 MEMORANDUM To Town of Vail Planning and Environmental Commission From Telemark Ventures, LLC & Vail Property Group, LLC Represented by George Ruther, Principal, Ruther Associates LLC Date: July 14, 2025 Subject: A request for an amendment to Section 5.7.5, Lions Pride Building and Parking Deck, of the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, of the Lionshead Redevelopment Master Plan, to clarify the intent and implementation of the “no net loss of parking” ground rule on the Property and setting details in regard thereto. (PEC25-0016) I. DESCRIPTION OF THE REQUEST The Applicants, Telemark Ventures, LLC and Vail Property Group, LLC (the “Applicants”), owners of the properties located 500 and 534 East Lionshead Circle/Lot1 A, Lot 2A, and Tracts M,L & K, Vail/Lionshead Filing No.1 (the “Property), are proposing an amendment (the ”Amendment”) to the Lionshead Redevelopment Master Plan (the “Master Plan”), Section 5.7.5, Lionsh ead Pride Building and Parking Deck, pursuant to the Section 2.8, Adoption and Amendment of the Master Plan. More speciflcally, the Applicants are requesting a recommendation of approval of an amendment to clarify the intent and implementation of the “no net loss of parking” ground rule (the “Ground Rule”) of the Master Plan. “Future amendments to this master plan must be approved by resolution or motion by the Town Council following a formal recommendation by the Planning and Environmental Commission.” - Lionshead Redevelopment Master Plan, December 1998 In the end, the Applicants request that the Town of Vail Planning & Environmental Commission (the “PEC”) forwards a recommendation of approval of a resolution in support of the Amendment to the Vail Town Council (the “Town Council”). The Applicants’ request is based upon the demonstration of compliance with the criteria for review described in Section III of this memorandum. II. PROPOSED LIONSHEAD REDEVELOPMENT MASTER PLAN AMENDMENT This section of the memorandum highlights the proposed language to amend Section 5.7.5 Lionshead Pride Building and Parking Deck. Deletions to the existing language are shown in strikethrough and additions to the language are shown in bold. Section 5.7.5 is proposed to be amended as follows: "The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both 5-12 visually and physically), 148 RUTHER ASSOCIATES LLC 2 their redevelopment and compliance with the Master plan should be considered a priority. To that end, in 2019, the top deck of the parking deck was demolished to protect public health, prevent property loss, and eliminate serious safety hazards due to its failing structural components. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. The existing parking is exempt from the no net loss of parking ground rule. This exemption is consistent with the parking policy considerations set forth in Section 4.8 (a-e) herein. Unlike other private improvements in the Lionshead Study Area, the parking garage was unique in that it was a privately-owned, stand-alone parking structure that did not fulfill the parking requirements prescribed by the Vail Town Code for any existing residential or commercial development. Further, the intent of the no net loss of parking ground rule is to preserve existing parking. In this instance, however, to do so unduly burdens the property owner to provide parking when said parking was only allowable, subject to the issuance of a conditional use permit, which may, or may not be approved by the Town of Vail. In this specific instance, the no net loss of parking ground rule inadvertently and unintentionally limits the redevelopment of the property as there are no economic incentives offered by the Plan that offset the financial impacts of replacing 139 structured parking spaces at a replacement cost in excess of $125,000 per parking space and the Town of Vail cannot guarantee that a conditional use permit will be granted. Any other parking requirements as may be applicable are intended to apply.” III. BACKGROUND This section of the memorandum provides background information pertaining to parking in the Master Plan and is intended to bring context to the review of this Amendment. On December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan. The Master Plan was adopted pursuant to Resolution No. 14, Series of 1998. 149 RUTHER ASSOCIATES LLC 3 Chapter 2 - Introduction 2.1 Purpose of the Plan In summary, the expressed purpose of the Master Plan is to encourage redevelopment and new development initiatives within the Lionshead study area. As further noted, redevelopment is critical for Vail and Lionshead if the community is to remain a competitive four-season resort. Other resorts are spending millions of dollars to upgrade their facilities in order to attract more visitors year-round. The Master Plan, developed over a period of two years and with extensive involvement by the community, is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The plan outlines the Town’s objectives and goals for the enhancement of Lionshead and proposes recommendations, incentives, and requirements for redevelopment and new development of public and private properties. The Master Plan is intended to provide direction over the next 15 to 20 years. 2.4 Ground Rules for the Master Planning Process On November 4, 1996, the Town Council adopted the following ground rules for the master planning process in order to clarify the initial parameters and rules under which the master plan would be developed (in part). 4. There will be no net loss to the Vail community of either locals’ housing or parking spaces (public and private) now existing in Lionshead. 2.8 Adoption and Amendment of the Master Plan The Lionshead Master Plan was adopted by resolution No. 14, Series of 1998, on December 15, 1998, by the Vail Town Council following a recommendation to approve by the Planning and Environmental Commission. Future amendments to this master plan must be ap proved by resolution or motion by the Town Council following a formal recommendation by the Planning and Environmental Commission. Implementation activities and ordinances will be approved in accordance with the Town of Vail Municipal Code. Section 2.8 of the Master Plan, along with the more than 15 prior amendments to the Master Plan, affirms the Town Council’s understanding that the Master Plan is likely not “perfect” and may require amendments from time to time as conditions change and/or greater clariflcations are required to achieve the development goals and objectives of the Master Plan. Chapter 3 - Existing Conditions Assessment and Problem Identification 3.9 Parking The ground rules of the Lionshead Master Plan state that future redevelopment will not cause a net loss of parking. An assessment of existing parking conditions is discussed in Chapter 3 of the Master Plan. For additional parking information on a town-wide basis, please refer to the Town of Vail carrying capacity analysis and the Master Transportation Study. Existing public and private parking facilities in Lionshead are shown on Map I below. 150 RUTHER ASSOCIATES LLC 4 Map I, Existing Parking, Lionshead Redevelopment Master Plan Chapter 4 - Master Plan Recommendations - Overall Study Area This section of the Master Plan addresses issues that affect Lionshead as a whole. These issues – and recommendations to address them - should be considered in all planning and policy decisions as Lionshead redevelops. For context, this section of the memorandum highlights sections of the Master Plan relating to parking. 4.8 Parking Parking is a critical component in a mixed-use resort environment such as Lionshead, and any efforts to enhance this component should adhere to the following goals and guidelines: a. Parking must be sufficient to meet demand. Correctly assessing parking demand in an environment such as Lionshead is difficult but extremely important. Overestimating parking demand can be as damaging as underestimating demand due to the extreme expense of parking space (especially if structured) in a real estate environment such as the Vail Valley. Likewise, parking is a large consumer of ground and should be designed to occupy as little real estate as possible. In tight margin developments such as mid-range hotels and locals/employee housing, the expense of parking can be the deciding factor as to the economic viability of the project. Due to 151 RUTHER ASSOCIATES LLC 5 these attributes of parking, it is important that true demand, or desired demand, be distinguished from actual usage. For example, the “free after three” program currently in place for the Town of Vail parking structures has undoubtedly increased the usage of these structures during the evening hours (the Lionshead structure fllled in the evening for the flrst time in 1998). However, there has not been a corresponding increase in sales tax revenue, which was the original intent of “free after three”. (Note- concrete studies regarding the utilization of the “free after three” program have not been conducted and it is strongly recommended that this occur if the program is to continue). It is hypothesized that a signiflcant portion of people utilizing the free parking program are in fact employees or people that would have used transit or other means of access if the parking were not as readily available. In other words, parking usage often will rise to flll the available space, but the proflle of the user may not be who the parking was intended for. To be concise, the parking supply in Lionshead and the Town of Vail needs to not only meet the demand, it needs to meet the desired demand and should be structured or programmed in such a way as to do so. Parking is important, but too expensive and land consuming to be provided without solid reasoning. b. Parking should relate to pedestrian circulation and desired points of access to the pedestrian core. A primary goal of redevelopment in Lionshead is to increase the quality of the pedestrian connections into the retail/ pedestrian core and through it to the ski yard. Any new public parking must have a strong and convenient relationship to this primary destination. However, parking should not use prime development sites and does not have to be immediately adjacent. c. Parking is only one part of an overall access strategy. Public parking is very important in bringing guests to Lionshead, but structured parking is expensive. The cost of structured parking today ranges from 20,000 to 30,000 dollars per space, so other means of access should be carefully considered flrst. Possible alternatives include an enhanced transit system, more convenient drop-off facilities, a reduction in required parking ratios for certain uses (such as employee and locals housing), off-site and remote parking, and parking disincentives that discourage driving. d. Parking should be visually inconspicuous. Parking should be structured below ground whenever possible. Surface parking areas should be heavily screened with landscaping, berms, and walls. Expanses of asphalt should be interrupted with islands of landscaping or replaced with pedestrian quality paving materials. Surface parking areas should be avoided in or near the retail pedestrian core area. Although structured parking may be more desirable visually, it must be properly designed so as not to detract from the guest’s arrival experience. e. Parking requirements should not constitute an unnecessary disincentive to redevelopment. A thorough review of the current parking pay-in-lieu code and parking ratio requirements is recommended. Given the above discussions it is important that parking requirements accurately meet the true parking demand of new development and redevelopment. For example, a stated goal of the Master Plan is to encourage, facilitate, and provide incentives for the expansion of ground level retail in Lionshead. While this expanded retail will likely represent some level of incremental increase to public parking demand in Lionshead, this demand needs to be accurately understood so the parking pay-in-lieu fee does not make the retail expansion economically unfeasible. 152 RUTHER ASSOCIATES LLC 6 The following recommendations for parking deal with 1) existing parking that may be displaced by development, 2) private residential/ lodging parking, 3) public parking supply and demand, and 4) parking for locals/ employee housing. These are four distinct and separate topics involving parking. 4.8.1 Potential Displacement of Existing Parking The ground rules for the Master Plan mandate no net loss of parking resulting from redevelopment. According to the Master Plan, properties potentially affected by this policy include: 4.8.1.1 North Day Lot The north day lot (owned by Vail Associates) has approximately 105 parking spaces, all utilized by Vail Associates employees. Parking on this site serves mountain workers, Vail Associates office personnel, and employees visiting from the company headquarters in Avon. Because much of the current Vail Associates office space in Lionshead will be relocated when the site is redeveloped, parking demand on the north day lot may also decrease. To facilitate development of the site as a public transit center, it may be desirable to relax the parking requirement if it can be demonstrated that future demand will decrease. 4.8.1.2 West Day Lot The west day lot is also owned by Vail Associates and is utilized primarily by mountain based Vail Associates employees. This site offers the possibility of a higher- return development opportunity that may make other less profltable west end developments feasible, and its existing use for parking is virtually certain to change. It is not anticipated that the employee base utilizing this surface lot will decrease; therefore, all the current parking (approximately 160 spaces) will have to be replaced. 4.8.1.3 Charter Bus Parking Lot The charter bus parking area on the east end of the Lionshead parking structure is the proposed location for a future Vail civic/community center. The property is extremely valuable to the community, and its current 4-35 utilization as a parking lot is not its highest and best use. Alternate locations for charter bus parking include the Ford Park parking lot and a down-valley site. A drop-off point for the buses will still be necessary and is recommended as a component of the proposed transit center on the north day lot. 4.8.2 Residential Properties As a policy, all residential properties should provide their own parking within their property according to existing Town of Vail regulations and the parameters described above. Chapter 5 - Detailed Plan Recommendations This Chapter of the Master Plan examines individual parcels and groups of parcels within the Lionshead Study Area, excluding the residential properties on the south side of Gore Creek. The intent of this Chapter – and the Master Plan as a whole - is to identify important functional relationships and visual objectives within the district and to propose a framework for the long -term redevelopment of Lionshead. Of signiflcance, the Master Plan does not intend to limit or eliminate ideas relating to speciflc parcels; any proposals consistent with this framework should be considered even if they are not anticipated in the Master Plan. 153 RUTHER ASSOCIATES LLC 7 5.7 Vail 21, Lionshead Arcade, Lifthouse Lodge, Lions Pride Cluster This group of adjacent structures is critical to the ability of the Lionshead core to pull people into its core (see flgure 5-7). Because these buildings constitute a signiflcant portion of the existing retail frontage in Lionshead, they greatly infiuence the overall character and image of Lionshead, especially for those who enter the core from the east. All possible measures and incentives should be taken to upgrade these buildings. Some recommended possibilities are described below (in part): 5.7.5 Lions Pride Building and Parking Deck (to be amended) The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both 5-12 visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. 5.7.6 Service and Delivery The alley currently functions as a delivery staging area and for emergency vehicle access. It is hoped that the service and delivery functions can be relocated to the new facility proposed at the west end of the parking structure. If they must remain on-site, any redevelopment in this area must dedicate adequate space to servicing so that delivery trucks do not block the flre lane. 154 RUTHER ASSOCIATES LLC 8 As per the Lionshead Master Plan, an alternate redevelopment opportunity for the Lions Pride and Parking Deck site is illustrated above. Note the access drive to the Lift House Lodge and east/west orientation of a new building atop a parking deck. In 1999, the Vail Town Council the adopted Ordinance No. 4, Series of 1999, rezoning the Project site to the Lionshead Mixed Use - 1 District and thereby repealing the earlier Commercial Core II District designation. As per the Vail Town Code, Section 12-7H-16, Parking and Loading, states, “Off-street parking and loading shall be provided in accordance with Chapter 10 of this title. At least one-half of the required parking shall be located within the main building or buildings.” 155 RUTHER ASSOCIATES LLC 9 IV. DEMONSTRATION OF COMPLIANCE WITH REVIEW CRITERIA This section of the memorandum lists the review criteria for consideration of a requested amendment request to the Lionshead Redevelopment Master Plan. In addition, within this section of the memorandum is the Applicants’ response and demonstration of how the Amendment complies with the review criteria. Of importance to be recommended for approval, the Town of Vail Planning & Environmental Commission is to flnd that the Applicants have demonstrated compliance with at least one of the following review criteria: • How conditions have changed since the Plan was adopted, Applicants’ Response: The Lionshead Redevelopment Master Plan was adopted more than 25 years ago. During that time, conditions within the Vail community and Lionshead Village have undergone substantial change. For instance, more than $2.5 billion dollars of private sector investments have been made in the redevelopment of Vail Village and Lionshead Village combined. This includes substantial private and public sector investments in public transit systems and facilities improvements. In 2024, the Vail Town Council adopted the GO Vail 2045 – Vail Mobility & Transportation Master Plan. The expressed purpose of the Plan was to plan for the improvement of the transportation systems through the Vail community, including implementing strategies to reduce reliance on the use of private vehicles and parking. Much of the appeal of Vail is its pedestrian villages and walking and bicycling friendly recreational pathways. Introducing more parking spaces only allows for the introduction of more cars and the unintended and undesirable consequences created. 156 RUTHER ASSOCIATES LLC 10 To that end, the Plan recommends the implementation of the following strategies to get people out of cars and into alternate modes of less impactful transportation: Source: GO Vail 2045 – Vail Mobility & Transportation Master Plan. The economic market conditions have changed dramatically since the adoption of the Master Plan. As expressed within the Master Plan, the primary strategy to achieve the goals and objective of the Master Plan is economic incentives through zoning. To that end, the Master Plan implemented many economic zoning regulation incentives. Most notable, a 250% increase in the total allowable gross residential fioor area and an unlimited number of dwelling units per acre. Unfortunately, even the most generous of economic incentives can no longer overcome the economic realities of the market. For instance, the Master Plan states, “The cost of structured parking today ranges from 20,000 to 30,000 dollars per space, so other means of access should be carefully considered first.” Under today’s economic conditions, nearly 27 years after the adoption of the Master Plan, conservatively speaking, a fully enclosed below grade structured parking spaces costs as much as $125,000 or more to build. With this cost flgure in mind, the estimated cost to replace the previously existing parking spaces on the Applicants’ properties is nearly $18 million, plus the cost to build those spaces required by the new development. Given existing conditions, there is arguably no site in the Town of Vail that can flnancially absorb this type of upfront development cost. As a result, such a scenario is a direct contradiction to the Master Plan which states that, “Parking requirements should not constitute an unnecessary disincentive to redevelopment”, and “Parking is important, but too expensive and land consuming to be provided without solid reasoning. • How the Plan is in error, or Applicants’ Response: There are at least two instances where the Master Plan is in error. The flrst is with respect to the requirement for a conditional use permit for “public or private parking lots” on all levels of a building 157 RUTHER ASSOCIATES LLC 11 or outside of a building in the LMU – 1 District, and the second, is with respect to a master plan being a guiding document with no regulatory authority, unless intentionally specifled otherwise. Pursuant to the Vail Town Code, a conditional permit is a discretionary action of the Town of Vail Planning & Environmental Commission. To avoid instances of arbitrary and capricious decision- making, the Town Code specifles a review process and criteria for review and associated flndings for all conditional use permits. To mandate a conditional use upon a property, as suggested by the Master Plan, effectively prejudges or otherwise biases the decision-making process as there is not an instance whereby the conditional use could be denied and still comply with the Master Plan. To correct this error in the Master Plan would likely require “public or private parking lots” to be a permitted use, subject only to administrative review. “Section 12-7H-5 Conditional Uses; Generally (On All Levels of a Building or Outside of a Building). The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title: (in part) (H) Public or private parking lots;” The Master Plan is not a regulatory document conveying requirements upon the development of a site. Instead, it is an advisory document offering recommendations for future outcomes which should be considered when evaluating a development review application. By contrast, the Town of Vail Zoning Code is a regulatory document that states what shall be obligated as part of development review application. That said, there are times when an advisory document can be regulatory but that requires an intentional act of the legislative body to do so. For example, in the LMU – 1 District, with respect to setbacks, landscaping and site coverage, the Vail Town Council took an intentional legislative act and made the Master Plan a regulatory document. As stated in the Zoning Code, setbacks, landscaping and site coverage shall be subject to the prescriptive development standard stated, “unless otherwise prescribed by the Lionshead Redevelopment Master Plan.” The Master Plan is in error as that same intentional act was not taken with respect to parking requirements in the LMU – 1 District. Instead, the Zoning Code states, in sum, that off-street parking shall be provided in accordance with Chapter 12-10 of the Vail Town Code. There is no reference to the Master Plan or the “no net loss of parking” ground rule thereby making the Master Plan recommendation regulatory. Again, to correct this error, the Zoning Code would need to be amended to intentionally make the Master Plan regulatory regarding parking. Section 12-7H-5 Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code states, “The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title: (in part) (H) Public or private parking lots; 158 RUTHER ASSOCIATES LLC 12 • How the addition, deletion, or change to the Plan is in concert with the Plan in general. Applicants’ Response: An expressed goal of the Lionshead Redevelopment Master Plan is economically incentivizing the redevelopment of properties with the Lionshead Master Plan Study Area. The proposed amendment allows for that goal to still be realized with respect to the properties impacted by Section 5.7.5 of the Master Plan. Perhaps rather than rely upon private property owners to unrealistically adhere to a fiawed and unenforceable “no net loss of parking” ground rule, the Town should consider other transportation related alternates to the parking of private vehicles. Possible alternatives include an enhanced transit system, more convenient drop-off facilities, a reduction in required parking ratios for certain uses (such as employee and locals housing), off-site and remote parking, and parking disincentives that discourage driving. All of which achieve the Master Plan goal and more realistically achieve a better outcome for the Vail community. By intention, the Amendment is site speciflc and intended only to affect Section 5.7.5 of the Master Plan. This approach to amending the Master Plan continues to allow for the concept of no net loss of parking to be implemented, when and where more appropriate. V. RECOMMENDED FINDINGS The Applicants have demonstrated compliance with the criteria for review of the proposed Amendment as outlined in Section IV of this memorandum. In keeping with the goals and objectives of the Master Plan, the proposed Master Plan amendment: • appropriately responds to the changes in conditions since its adoption 27 years ago, • identifles at least two instances of procedural errors within the Master Plan, and • demonstrates how the amendment is in concert with the purposes of the Master Plan. The Applicants agree with the Master Plan statements, as is hopeful of the Town of Vail Planning & Environmental Commission, with respect to the following: “Overestimating parking demand can be as damaging as underestimating demand due to the extreme expense of parking space (especially if structured) in a real estate environment such as the Vail Valley. Likewise, parking is a large consumer of ground and should be designed to occupy as little real estate as possible.” and, “Parking requirements should not constitute an unnecessary disincentive to redevelopment.” To that end, the Applicants request and recommend that the PEC forwards a recommendation of approval of the Amendment, as presented. 159 Lionshead Redevelopment Master Plan Amendment (PEC25-0016) Town of Vail Planning & Environmental Commission July 14, 2025 Ruther Associates LLC 7/14/2025 160 Meeting Agenda •Introduction •Description of the Request •Proposed Amendment •Background •Compliance with Review Criteria •Recommended Findings Ruther Associates LLC 7/14/2025 161 Introduction •Telemark Ventures, LLC and Vail Property Group, LLC (the “Applicants”). •Owners of the properties located 500 and 534 East Lionshead Circle (the “Property”). •Intended to facilitate the future redevelopment of the site per the recommendations of the Master Plan. “Future amendments to this master plan must be approved by resolution or motion by the Town Council following a formal recommendation by the Planning and Environmental Commission.” -Lionshead Redevelopment Master Plan, December 1998 Ruther Associates LLC 7/14/2025 162 Description of the Request •Amend Section 5.7.5 Lionshead Pride Building and Parking Deck. •Pursuant to Section 2.8, Adoption and Amendment, Lionshead Redevelopment Master Plan. •Clarify the intent and implementation of the “no net loss of parking” ground rule “The Master Plan is likely not “perfect” and may require amendments from time to time as conditions change and/or greater clarifications are required to achieve the development goals and objectives of the Master Plan.” - LRMP, December 1998 Ruther Associates LLC 7/14/2025 163 Proposed Amendment •Deletions to the existing language are shown in strikethrough and additions to the language are shown in bold. •Section 5.7.5 is proposed to be amended as follows: Ruther Associates LLC 7/14/2025 164 "The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both 5-12 visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. To that end, in 2019, the top deck of the parking deck was demolished to protect public health, prevent property loss, and eliminate serious safety hazards due to its failing structural components. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. The existing parking is exempt from the no net loss of parking ground rule. This exemption is consistent with the parking policies set forth in Section 4.8 (a-e) herein. Unlike other private improvements in the Lionshead Study Area, the parking garage was pg 1 unique in that it was a privately-owned, stand- alone parking structure that did not fulfill the parking requirements prescribed by the Vail Town Code for any existing residential or commercial development. Further, the intent of the no net loss of parking ground rule is to preserve existing parking. In this instance, however, to do so unduly burdens the property owner to provide parking when said parking is only allowable, subject to the issuance of a conditional use permit, which may, or may not be approved by the Town of Vail. In this specific instance, the no net loss of parking ground rule inadvertently and unintentionally limits the redevelopment of the property as there are no economic incentives offered by the Plan that offset the financial impacts of replacing 139 structured parking spaces at a replacement cost in excess of $125,000 per parking space and the Town of Vail cannot guarantee that a conditional use permit will be granted. Any other parking requirements as may be applicable are intended to apply.” pg 2 165 Background •“…to encourage redevelopment and new development initiatives within the Lionshead study area.” •“Parking requirements should not constitute an unnecessary disincentive to redevelopment.” •“Parking is only one part of an overall access strategy.” •“Overestimating parking demand can be as damaging as underestimating demand due to the extreme expense of parking space (especially if structured).” •“All residential properties should provide their own parking within their property.” •“Parking is important, but too expensive and land consuming to be provided without solid reasoning.” Source: LRMP, December 1998 Ruther Associates LLC 7/14/2025 166 Review Criteria To be recommended for approval, the Town of Vail Planning & Environmental Commission is to find that the Applicants have demonstrated compliance with at least one of the following review criteria: 1)How conditions have changed since the Plan was adopted, 2)How the Plan is in error, or 3)How the addition, deletion, or change to the Plan is in concert with the Plan in general. Ruther Associates LLC 7/14/2025 167 How conditions have changed since the Plan was adopted ✓…adopted more than 25 years ago. ✓…conditions within the Vail community and Lionshead Village have undergone substantial change. ✓…adopted the GO Vail 2045…to reduce reliance on the use of private vehicles and parking. ✓…introducing more parking spaces only allows for the introduction of more cars. ✓…economic market conditions have changed dramatically since the adoption of the Master Plan. ✓…a fully enclosed below grade structured parking spaces costs as much as $125,000 or more to build. ✓…there is arguably no site in the Town of Vail that can financially absorb this type of upfront development cost. Ruther Associates LLC 7/14/2025 168 How the Plan is in Error There are at least two instances where the Master Plan is in error: ✓The requirement for a conditional use permit for “public or private parking lots”. ✓To mandate a conditional use effectively prejudges or otherwise biases the decision-making process as there is not an instance whereby the conditional use could be denied and still comply with the Master Plan. ✓There is no evidence of an existing conditional use permit. ✓A master plan is a guiding document with no regulatory authority, unless intentionally specified otherwise. ✓An intentional act was not taken with respect to parking requirements in the LMU – 1 District. Ruther Associates LLC 7/14/2025 169 How the addition, deletion, or change to the Plan is in concert with the Plan in general ✓An expressed goal of the Lionshead Redevelopment Master Plan is economically incentivizing the redevelopment of properties with the Lionshead Master Plan Study Area. ✓This amendment allows for that goal to still be realized with respect to the properties impacted by Section 5.7.5 of the Master Plan. ✓This amendment is consistent with the parking policy considerations set forth in Section 4.8 (a-e) of the Master Plan. Ruther Associates LLC 7/14/2025 170 Recommended Findings The Applicants have demonstrated compliance with the criteria for review of the proposed Amendment. As such, the amendment: ✓appropriately responds to the changes in conditions since its adoption 27 years ago, ✓ identifies at least two instances of procedural errors within the Master Plan, and ✓demonstrates how the amendment is in concert with the purposes of the Master Plan. To that end, the Applicants request that the PEC forwards a recommendation of approval of the amendment, as presented, to the Vail Town Council. Ruther Associates LLC 7/14/2025 171 PEC Discussion How conditions have changed since the Plan was adopted. How the Plan is in error. How the addition, deletion, or change to the Plan is in concert with the Plan in general. Ruther Associates LLC 7/14/2025 172 Planning and Environmental Commission Minutes Monday, July 14, 2025 1:00 PM Vail Town Council Chambers Present: Robyn Smith Craig H Lintner Jr John Rediker William A Jensen Robert N Lipnick Absent: Brad Hagedorn David N Tucker 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 recommendation to the Vail Town Council, pursuant to Section 3-2-6A, Function, Vail Town Code, to amend Section 5.7.5 of the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. (PEC25-0016) Applicant: Telemark Ventures, LLC & Vail Property Group, LLC represented by Ruther Associates LLC Planner: Greg Roy PEC25-0016 Staff Memo.pdf Attachment A. Applicant's Narrative.pdf Attachment B. Applicant's Presentation.pdf Planner Roy gives a presentation. He talks about the history of the site and the text in the Lionshead Redevelopment Master Plan (LRMP). Lipnick asks about the cost of the additive parking. Roy says that is best answered by the applicant. Jensen, this is removing the requirement that is in addition to the required parking for the redevelopment? Roy confirms. Smith asks how many current spaces exist. Roy says 91. Smith, there’s a conflict created in requiring a conditional use permit (CUP), as stated by the applicant. Planning and Environmental Commission Meeting Minutes of July 14, 2025 1 173 Roy, you cannot require something that requires a CUP – cannot guarantee that that will be approved. The applicant is represented by George Ruther, Charlie Starr, and Jamison McBride from Oz Architecture. Ruther gives a presentation. He talks about the request and the proposed language. He addresses the review criteria. He talks about the conditional use permit and the history of the parking deck. The only way to comply with the LRMP is to get that conditional use permit, you’d be hard pressed to comply if the CUP was denied. There are instances where the LRMP is a regulating document, they didn’t do that here when it came to parking. Requiring the parking would be an economic burden, which is in opposition to the plan goals of economically incentivizing redevelopment. Jensen brings up the cost. Ruther, there are private agreements with some of the adjacent property owners. There is continued conversation about those going forward. Jensen, is there a possibility of incremental parking spaces for some of those? Ruther, that is contemplated, but they can’t be mandated by the Town requirements. Jensen, the math may be able to work, the parking spaces in these areas are extremely valuable. Ruther, you may see this addressed in a development application. Smith, if any private residential parking use would like to participate they may have that option? Ruther doesn’t want to mix the plan amendment with a development application. But the plan that will be submitted does contemplate around 66 spaces. Smith and Ruther discuss how the proposed amendment would impact the entire plan. Smith, what about striking the last two sentences in the second paragraph? Jensen asks for public comment. There is no public comment. Rediker agrees with Smith. A lot of the proposed language is unnecessary, a little verbose. Get rid of the last two sentences of the second paragraph as well as the first sentence of the third paragraph. This could be cleaned up, doesn’t like the language about the cost – could that be simplified? Ruther, there was a lot of historical information about the controversy over this in previous applications. The master plan identifies the cost of parking spaces; they would be amenable to some changes to the language if that is a condition. Rediker, which applications had controversy about the parking? Ruther says the previous approval from 2018, Elevations and Legacy. There was a process whereby staff recorded a plat where the purpose was to show the 139 spaces. Rediker, what has changed from 2018? Roy, there have been a couple different interpretations of the requirement, gives example of First Chair. The applicant’s proposal is consistent with how First Chair was interpreted. The language in the amendment clarifies this more. Rediker, there is a simpler way to express this concept. Planning and Environmental Commission Meeting Minutes of July 14, 2025 2 174 Smith likes the fact about the parking cost. Agrees with Rediker, from “Further” on down, it doesn’t change the outcome the applicant is seeking. Smith recommends striking from “further” down to “granted”. Supports that because conditions have changed. The intent of protecting parking beyond code was not for private condo use; our current code provides for that. If another neighbor wants to pay you for more parking it could be a good idea. Enforcing shared private parking agreements is challenging for the Town. Conditions have changed, the original plan was in error based on the assumption that the parking spaces that existed was the right number then, now, and in perpetuity. Jensen would rather pause and let staff come back with proposed changes rather than edit it right now. Supportive of this, but there’s 91 parking spaces that potentially could disappear. What will be impacted? 91 spaces going to the garage is a level that is disconcerting. A proposal to build additional parking spaces would give more of a sense of relief, encouraged that you’re looking at that. Robyn Smith made a motion to Recommend for approval with the findings on page 9 of the staff memo and the amendment to strike all text between "further" in the second paragraph and "granted" in the third paragraph; Robert N Lipnick seconded the motion Passed (5 - 0). 3.2 A request for recommendation to the Vail Town Council, pursuant to Section 3-2-6A, Function, Vail Town Code, to amend Section 5.17 and pertinent subsections of the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. (PEC25-0014) Applicant: Town of Vail, East West Partners, and Vail Resorts Planner: Heather Knight PEC25-0014 Staff Memo V2.pdf Attachment A. July10_Section5.17_Compare.pdf Attachment B. LRMP_Sec_5.17_COMBINED_REVISIONS_250710.pdf Attachment C. July10_Subsections_Compare.pdf Attachment D. LRMP_Subsections_COMBINED_REVISIONS_250710.pdf Timestamp 00:56 The applicants are represented by Matt Gennett with the Town of Vail, Kevin Murphy and Jim Telling with East West Partners, and Melissa Sherburne with Vail Resorts. The applicants give a presentation, touching on the vision and values for the area. Gennett walks through the changes suggested from the last meeting. Rediker, the compare documents in the packet that were provided were not redlines. Jensen and Telling discuss activation on the site. Gennett resumes going through the redline version. Smith and Gennett discuss the language of view corridors in the area. Smith says on page 5 change “complimentary” to “compatible”. Sherburne talks about the parking section; a parking management plan will be required further down the Planning and Environmental Commission Meeting Minutes of July 14, 2025 3 175 process. Rediker asks about 5.17.8 about employee housing. Doesn’t know if this language is strong enough supporting employee housing on site in this area. Telling, we’d be open to additional language because we do want to have the housing on site – plus the timing won’t work with Timber Ridge anyway. It really helps the activation of the site. Discussion of amendments to this section. Smith, new development requires at least 50% onsite per code. Gennett, the current concept plan intends to have all employee housing met on site. Rediker brings up 5-17-7, the relationship to creeks, and the language “improve public access and utilization”. This is an opportunity to enhance depredated areas in these area but concerned about improved utilization and what that means. Gennett, this should not be interpreted as at the detriment of ecological health. Rediker wants to make sure we’re not overdeveloping around the creek. Gennet says we can change “strongly encouraged” to “should be explored.” Rediker brings up 5-17-19. Likes the language about stepping back, has questions about not having setbacks between buildings. Gennett, the intent is finding a way to honor what is in the concept plan as a framework. Trying to put something in that states the intention and helps realize the vision today. Smith clarifies, if the lot is subdivided, there would be a setback of 10’ on each new lot. Lipnick brings up the review criteria, the change to the plan is in concert with the plan in general. Smith, the substantial differences between West Lionshead and Evervail is the parking – it was unrealistic in Evervail. The parking section needs changing, and looking beyond that the most important thing here is Housing, amenities etc. Where the parking spaces land is less important than where the people start and end their day. Wants Council to further define this, people are the priority not parking. Nervous about the parking language being too vague right now, but Council can help further define that. Telling, we have had some conversations about public/private participation. Jensen expresses appreciation to the applicant team. You’ve found good language in many examples. Agree with Smith that parking is the most vague part of this document and wants that conversation to continue. Although it is too early to nail down specific numbers. Jensen asks for public comment. There is none. Discussion of proposed changes. Sherburne recaps the proposed changes from today’s meeting: Strike “ideal” from 5.2.0. Change “complementary to compatible” Get rid of “strongly encouraged” to “should be explored” for creeks Bolster language of employee housing – “preferred suitable, idea” Utilization? Add language about public/private partnerships in regard to parking Planning and Environmental Commission Meeting Minutes of July 14, 2025 4 176 John Rediker made a motion to Recommend for approval with the findings on page 8 of the staff memo and the changes discussed; Robyn Smith seconded the motion Passed (5 - 0). 3.3 A request for review of a Conditional Use Permit, pursuant to Section 12-9C-3 Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional Uses, Vail Town Code, to allow for a public utility installation of a generator, located at 3095 Booth Falls Road West/Parcel F - Unplatted (PEC25-0017) Planner: Heather Knight Applicant Name: Eagle River Water & Sanitation District PEC25-0015 Staff Memo.pdf Attachment A. Vicinity Map - 3095 Booth Falls Road.pdf Attachment B. ERWSD Plan Set 051225.pdf Attachment C. Booth Falls Emergency Power Improvements EIR 2025-05- 13.pdf Attachment D. Booth Falls Emergency Power Improvements PDR 2025- 05-13.pdf Attachment E. Enclosure and Sound Data.pdf Timestamp: 02:10 Planner Knight gives a presentation. She walks through the site plan, the proposal, and the criteria. Staff is recommending approval with conditions. Jensen, did they look at alternative fuel sources? Knight says they did, diesel was decided because natural gas during an emergency situation gets shut off. There were other factors involving cost, that was also in the packet. Smith asks the noise won’t always be running? Only during testing? Knight confirms and says the non-combustible enclosure will also contain the noise. The applicants are Jeff Schnieder and Dam Duerr with ERWSD. They are undertaking a major effort in risk-resiliency for the water system, including the need for backup power in this location. Duerr says they have a noise study which showed the generator would emit less noise than I-70 in that location. The trailhead area will also be improved to mitigate any impacts. Jensen asks how large is the diesel storage? Schnieder says 400 gallons, located inside the enclosure. Smith asks about Environmental Impact Report. Gennett says it can be requested by the Administrator or PEC. Lipnick says it meets all the review criteria. Jensen views this as a life-safety issue and appreciates the diligence the applicant and staff have put together. It’s a solid plan with minimal impact. Jensen asks for public comment. There is none. Robert N Lipnick made a motion to Approve with the findings on page 9 of the staff memo; Robyn Smith seconded the motion Passed (5 - 0). Planning and Environmental Commission Meeting Minutes of July 14, 2025 5 177 4. Approval of Minutes 4.1 PEC Results 6-23-25 PEC Results 6-23-25.pdf Robyn Smith made a motion to Approve as Amended with the change that the language be corrected to "possibly pay in lieu applicable for commercial expansions but not residential expansions"; Robert N Lipnick seconded the motion Passed (5 - 0). 5. Information Update 5.1 Vail Golf Club Vegetation Management Plan Golf Club Vegetation Plan PEC Memo.pdf Attachment A. Proposed Project Maps.pdf Attachment B. Staff Presentation.pdf Pete Wadden and Scott Schriver with Wright Water Engineers give a presentation. Wadden gives a presentation. Schriver talks about some of the existing problem areas and potential solutions. Schriver walks through the concept plans for various sub-areas of the golf course. Lipnick asks about Option 2. Wadden, it would be exciting and beneficial for the creek if it was possible to put back in the original channel. Jensen is trying to understand how much of this is for environmental stream-health and how much is it golf course improvements? Will it be done in phases? Wadden, we could try and emphasize in the future which changes all into each category. But we found places where there is overlap between the two. It’s been clear in internal meetings thus far that the environment is the priority. Smith, this is a super exciting project. It might help to further identify the venn diagram of environmental benefits versus playability benefits. Being able to call that out will help you gain support for the overlaps. Lipnick asks who takes care of the beavers? Wadden can’t recall the last time one was relocated from TOV property. 6. Adjournment Bobby Lipnick made a motion to adjourn; Robyn Smith seconded the motion Passed (5 - 0). Planning and Environmental Commission Meeting Minutes of July 14, 2025 178 6 179 PRESENTATION BY Greg Roy, AICP Planner PEC25-0016 Amendment - Lionshead Redevelopment Master Plan Cascade Village 180 LRMP Town of Vail | PEC25-0016 | vailgov.com 181 Chapter 5 – Detailed Plan Recommendations Town of Vail | PEC25-0016 | vailgov.com 5.7.5 Lions Pride Building and Parking Deck The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both 5-12 visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. 182 LRMP Map I Town of Vail | PEC25-0016 | vailgov.com 183 LRMP Map I Town of Vail | PEC25-0016 | vailgov.com 184 Historical Photo Town of Vail | PEC25-0016 | vailgov.com 185 Proposal Town of Vail | PEC25-0016 | vailgov.com Remove the language that the parking must be replaced with the redevelopment Relevant LRMP Language: 1.3.1 Development/ Redevelopment • Encourage, facilitate, and provide incentives for the redevelopment and renovation of existing structures in Lionshead. 4.8 Parking (d) “…Surface parking areas should be avoided in or near the retail pedestrian core area. …” (e) “Parking requirements should not constitute an unnecessary disincentive to redevelopment. …” 4.8.2: As a policy, all residential properties should provide their own parking within their property according to existing Town of Vail regulations and the parameters described above. 186 Master Plan Amendment Criteria Town of Vail | PEC25-0016 | vailgov.com How conditions have changed since the original plan was adopted? How is the original plan in error? How the addition, deletion, or change to the Plan is in concert with the plan in general? 187 Thank you 188 RUTHER ASSOCIATES LLC 1 MEMORANDUM To Vail Town Council From Telemark Ventures, LLC & Vail Property Group, LLC Represented by George Ruther, Principal, Ruther Associates LLC Date: August 5, 2025 Subject: Resolution No. 33, Series of 2025 - A request for an amendment to Section 5.7.5, Lions Pride Building and Parking Deck, of the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, of the Lionshead Redevelopment Master Plan, to clarify the intent and implementation of the “no net loss of parking” ground rule on the Property and setting details in regard thereto. I. DESCRIPTION OF THE REQUEST The Applicants, Telemark Ventures, LLC and Vail Property Group, LLC (the “Applicants”), owners of the properties located 500 and 534 East Lionshead Circle/Lot1 A, Lot 2A, and Tracts M,L & K, Vail/Lionshead Filing No.1 (the “Property), are proposing an amendment (the ”Amendment”) to the Lionshead Redevelopment Master Plan (the “Master Plan”), Section 5.7.5, Lionsh ead Pride Building and Parking Deck, pursuant to the Section 2.8, Adoption and Amendment of the Master Plan. More speciflcally, the Applicants are requesting a recommendation of approval of an amendment to clarify the intent and implementation of the “no net loss of parking” ground rule (the “Ground Rule”) of the Master Plan. “Future amendments to this master plan must be approved by resolution or motion by the Town Council following a formal recommendation by the Planning and Environmental Commission.” - Lionshead Redevelopment Master Plan, December 1998 In the end, the Applicants request that the Town of Vail Planning & Environmental Commission (the “PEC”) forwards a recommendation of approval of a resolution in support of the Amendment to the Vail Town Council (the “Town Council”). The Applicants’ request is based upon the demonstration of compliance with the criteria for review described in Section III of this memorandum. II. PROPOSED LIONSHEAD REDEVELOPMENT MASTER PLAN AMENDMENT This section of the memorandum highlights the proposed language to amend Section 5.7.5 Lionshead Pride Building and Parking Deck. Deletions to the existing language are shown in strikethrough and additions to the language are shown in bold. Section 5.7.5 is proposed to be amended as follows: 189 RUTHER ASSOCIATES LLC 2 "The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both 5-12 visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. To that end, in 2019, the top deck of the parking deck was demolished to protect public health, prevent property loss, and eliminate serious safety hazards due to its failing structural components. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. The existing parking is exempt from the no net loss of parking ground rule. This exemption is consistent with the parking policy considerations set forth in Section 4.8 (a-e) herein. Unlike other private improvements in the Lionshead Study Area, the parking garage was unique in that it was a privately-owned, stand-alone parking structure that did not fulfill the parking requirements prescribed by the Vail Town Code for any existing residential or commercial development. Further, the intent of the no net loss of parking ground rule is to preserve existing parking. In this instance, however, to do so unduly burdens the property owner to provide parking when said parking was only allowable, subject to the issuance of a conditional use permit, which may, or may not be approved by the Town of Vail. In this specific instance, the no net loss of parking ground rule inadvertently and unintentionally limits the redevelopment of the property as there are no economic incentives offered by the Plan that offset the financial impacts of replacing 139 structured parking spaces at a replacement cost in excess of $125,000 per parking space and the Town of Vail cannot guarantee that a conditional use permit will be granted. Any other parking requirements as may be applicable are intended to apply.” III. BACKGROUND This section of the memorandum provides background information pertaining to parking in the Master Plan in general and is intended to bring context to the review of this Amendment. On December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan. The Master Plan was adopted pursuant to Resolution No. 14, Series of 1998. The Lionshead Redevelopment Master Plan has been amended more than twenty times to ensure it remains relevant and achieves its intended results and desired outcomes. 190 RUTHER ASSOCIATES LLC 3 Chapter 2 - Introduction 2.1 Purpose of the Plan In summary, the expressed purpose of the Master Plan is to encourage redevelopment and new development initiatives within the Lionshead study area. As further noted, redevelopment is critical for Vail and Lionshead if the community is to remain a competitive four-season resort. Other resorts are spending millions of dollars to upgrade their facilities in order to attract more visitors year-round. The Master Plan, developed over a period of two years and with extensive involvement by the community, is a comprehensive guide for property owners proposing to undertake development or redevelopment of their properties and the municipal officials responsible for planning public improvements. The plan outlines the Town’s objectives and goals for the enhancement of Lionshead and proposes recommendations, incentives, and requirements for redevelopment and new development of public and private properties. The Master Plan is intended to provide direction over the next 15 to 20 years. 2.4 Ground Rules for the Master Planning Process On November 4, 1996, the Town Council adopted the following ground rules for the master planning process in order to clarify the initial parameters and rules under which the master plan would be developed (in part). 4. There will be no net loss to the Vail community of either locals’ housing or parking spaces (public and private) now existing in Lionshead. 2.8 Adoption and Amendment of the Master Plan The Lionshead Master Plan was adopted by resolution No. 14, Series of 1998, on December 15, 1998, by the Vail Town Council following a recommendation to approve by the Planning and Environmental Commission. Future amendments to this master plan must be ap proved by resolution or motion by the Town Council following a formal recommendation by the Planning and Environmental Commission. Implementation activities and ordinances will be approved in accordance with the Town of Vail Municipal Code. Section 2.8 of the Master Plan, along with the more than 15 prior amendments to the Master Plan, affirms the Town Council’s understanding that the Master Plan is likely not “perfect” and may require amendments from time to time as conditions change and/or greater clariflcations are required to achieve the development goals and objectives of the Master Plan. Chapter 3 - Existing Conditions Assessment and Problem Identification 3.9 Parking 191 RUTHER ASSOCIATES LLC 4 The ground rules of the Lionshead Master Plan state that future redevelopment will not cause a net loss of parking. An assessment of existing parking conditions is discussed in Chapter 3 of the Master Plan. For additional parking information on a town-wide basis, please refer to the Town of Vail carrying capacity analysis and the Master Transportation Study. Existing public and private parking facilities in Lionshead are shown on Map I below. Map I, Existing Parking, Lionshead Redevelopment Master Plan Chapter 4 - Master Plan Recommendations - Overall Study Area This section of the Master Plan addresses issues that affect Lionshead as a whole. These issues – and recommendations to address them - should be considered in all planning and policy decisions as Lionshead redevelops. For context, this section of the memorandum highlights sections of the Master Plan relating to parking. 4.8 Parking Parking is a critical component in a mixed-use resort environment such as Lionshead, and any efforts to enhance this component should adhere to the following goals and guidelines: a. Parking must be sufficient to meet demand. Correctly assessing parking demand in an environment such as Lionshead is difficult but extremely important. Overestimating parking 192 RUTHER ASSOCIATES LLC 5 demand can be as damaging as underestimating demand due to the extreme expense of parking space (especially if structured) in a real estate environment such as the Vail Valley. Likewise, parking is a large consumer of ground and should be designed to occupy as little real estate as possible. In tight margin developments such as mid-range hotels and locals/employee housing, the expense of parking can be the deciding factor as to the economic viability of the project. Due to these attributes of parking, it is important that true demand, or desired demand, be distinguished from actual usage. For example, the “free after three” program currently in place for the Town of Vail parking structures has undoubtedly increased the usage of these structures during the evening hours (the Lionshead structure fllled in the evening for the flrst time in 1998). However, there has not been a corresponding increase in sales tax revenue, which was the original intent of “free after three”. (Note- concrete studies regarding the utilization of the “free after three” program have not been conducted and it is strongly recommended that this occur if the program is to continue). It is hypothesized that a signiflcant portion of people utilizing the free parking program are in fact employees or people that would have used transit or other means of access if the parking were not as readily available. In other words, parking usage often will rise to flll the available space, but the proflle of the user may not be who the parking was intended for. To be concise, the parking supply in Lionshead and the Town of Vail needs to not only meet the demand, it needs to meet the desired demand and should be structured or programmed in such a way as to do so. Parking is important, but too expensive and land consuming to be provided without solid reasoning. b. Parking should relate to pedestrian circulation and desired points of access to the pedestrian core. A primary goal of redevelopment in Lionshead is to increase the quality of the pedestrian connections into the retail/ pedestrian core and through it to the ski yard. Any new public parking must have a strong and convenient relationship to this primary destination. However, parking should not use prime development sites and does not have to be immediately adjacent. c. Parking is only one part of an overall access strategy. Public parking is very important in bringing guests to Lionshead, but structured parking is expensive. The cost of structured parking today ranges from 20,000 to 30,000 dollars per space, so other means of access should be carefully considered flrst. Possible alternatives include an enhanced transit system, more convenient drop-off facilities, a reduction in required parking ratios for certain uses (such as employee and locals housing), off-site and remote parking, and parking disincentives that discourage driving. d. Parking should be visually inconspicuous. Parking should be structured below ground whenever possible. Surface parking areas should be heavily screened with landscaping, berms, and walls. Expanses of asphalt should be interrupted with islands of landscaping or replaced with pedestrian quality paving materials. Surface parking areas should be avoided in or near the retail pedestrian core area. Although structured parking may be more desirable visually, it must be properly designed so as not to detract from the guest’s arrival experience. e. Parking requirements should not constitute an unnecessary disincentive to redevelopment. A thorough review of the current parking pay-in-lieu code and parking ratio requirements is recommended. Given the above discussions it is important that parking requirements accurately meet the true parking demand of new development and redevelopment. For example, a stated goal of the Master Plan is to encourage, facilitate, and provide incentives for 193 RUTHER ASSOCIATES LLC 6 the expansion of ground level retail in Lionshead. While this expanded retail will likely represent some level of incremental increase to public parking demand in Lionshead, this demand needs to be accurately understood so the parking pay-in-lieu fee does not make the retail expansion economically unfeasible. The following recommendations for parking deal with 1) existing parking that may be displaced by development, 2) private residential/ lodging parking, 3) public parking supply and demand, and 4) parking for locals/ employee housing. These are four distinct and separate topics involving parking. 4.8.1 Potential Displacement of Existing Parking The ground rules for the Master Plan mandate no net loss of parking resulting from redevelopment. According to the Master Plan, properties potentially affected by this policy include: 4.8.1.1 North Day Lot The north day lot (owned by Vail Associates) has approximately 105 parking spaces, all utilized by Vail Associates employees. Parking on this site serves mountain workers, Vail Associates office personnel, and employees visiting from the company headquarters in Avon. Because much of the current Vail Associates office space in Lionshead will be relocated when the site is redeveloped, parking demand on the north day lot may also decrease. To facilitate development of the site as a public transit center, it may be desirable to relax the parking requirement if it can be demonstrated that future demand will decrease. 4.8.1.2 West Day Lot The west day lot is also owned by Vail Associates and is utilized primarily by mountain based Vail Associates employees. This site offers the possibility of a higher- return development opportunity that may make other less profltable west end developments feasible, and its existing use for parking is virtually certain to change. It is not anticipated that the employee base utilizing this surface lot will decrease; therefore, all the current parking (approximately 160 spaces) will have to be replaced. 4.8.1.3 Charter Bus Parking Lot The charter bus parking area on the east end of the Lionshead parking structure is the proposed location for a future Vail civic/community center. The property is extremely valuable to the community, and its current 4-35 utilization as a parking lot is not its highest and best use. Alternate locations for charter bus parking include the Ford Park parking lot and a down-valley site. A drop-off point for the buses will still be necessary and is recommended as a component of the proposed transit center on the north day lot. 4.8.2 Residential Properties As a policy, all residential properties should provide their own parking within their property according to existing Town of Vail regulations and the parameters described above. Chapter 5 - Detailed Plan Recommendations This Chapter of the Master Plan examines individual parcels and groups of parcels within the Lionshead Study Area, excluding the residential properties on the south side of Gore Creek. The intent of this Chapter – and the Master Plan as a whole - is to identify important functional relationships and visual objectives within the district and to propose a framework for the long -term redevelopment of Lionshead. Of signiflcance, the Master Plan does not intend to limit or eliminate 194 RUTHER ASSOCIATES LLC 7 ideas relating to speciflc parcels; any proposals consistent with this framework should be considered even if they are not anticipated in the Master Plan. 5.7 Vail 21, Lionshead Arcade, Lifthouse Lodge, Lions Pride Cluster This group of adjacent structures is critical to the ability of the Lionshead core to pull people into its core (see flgure 5-7). Because these buildings constitute a signiflcant portion of the existing retail frontage in Lionshead, they greatly infiuence the overall character and image of Lionshead, especially for those who enter the core from the east. All possible measures and incentives should be taken to upgrade these buildings. Some recommended possibilities are described below (in part): 5.7.5 Lions Pride Building and Parking Deck (to be amended) The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both 5-12 visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. 5.7.6 Service and Delivery The alley currently functions as a delivery staging area and for emergency vehicle access. It is hoped that the service and delivery functions can be relocated to the new facility proposed at the west end of the parking structure. If they must remain on-site, any redevelopment in 195 RUTHER ASSOCIATES LLC 8 this area must dedicate adequate space to servicing so that delivery trucks do not block the flre lane. As per the Lionshead Master Plan, an alternate redevelopment opportunity for the Lions Pride and Parking Deck site is illustrated above. Note the access drive to the Lift House Lodge and east/west orientation of a new building atop a parking deck. In 1999, the Vail Town Council the adopted Ordinance No. 4, Series of 1999, rezoning the Project site to the Lionshead Mixed Use - 1 District and thereby repealing the earlier Commercial Core II District designation. As per the Vail Town Code, Section 12-7H-16, Parking and Loading, states, “Off-street parking and loading shall be provided in accordance with Chapter 10 of this title. At least one-half of the required parking shall be located within the main building or buildings.” 196 RUTHER ASSOCIATES LLC 9 IV. DEMONSTRATION OF COMPLIANCE WITH REVIEW CRITERIA This section of the memorandum lists the review criteria for consideration of a requested amendment request to the Lionshead Redevelopment Master Plan. In addition, within this section of the memorandum is the Applicants’ response and demonstration of how the Amendment complies with the review criteria. Of importance to be recommended for approval, the Town of Vail Planning & Environmental Commission is to flnd that the Applicants have demonstrated compliance with at least one of the following review criteria: • How conditions have changed since the Plan was adopted, Applicants’ Response: The Lionshead Redevelopment Master Plan was adopted more than 25 years ago. During that time, conditions within the Vail community and Lionshead Village have undergone substantial change. For instance, more than $2.5 billion dollars of private sector investments have been made in the redevelopment of Vail Village and Lionshead Village combined. This includes substantial private and public sector investments in public transit systems and facilities improvements. In 2024, the Vail Town Council adopted the GO Vail 2045 – Vail Mobility & Transportation Master Plan. The expressed purpose of the Plan was to plan for the improvement of the transportation systems through the Vail community, including implementing strategies to reduce reliance on the use of private vehicles and parking. Much of the appeal of Vail is its pedestrian villages and walking and bicycling friendly recreational pathways. Introducing more parking spaces only allows for the introduction of more cars and the unintended and undesirable consequences created. 197 RUTHER ASSOCIATES LLC 10 To that end, the Plan recommends the implementation of the following strategies to get people out of cars and into alternate modes of less impactful transportation: Source: GO Vail 2045 – Vail Mobility & Transportation Master Plan. The economic market conditions have changed dramatically since the adoption of the Master Plan. As expressed within the Master Plan, the primary strategy to achieve the goals and objective of the Master Plan is economic incentives through zoning. To that end, the Master Plan implemented many economic zoning regulation incentives. Most notable, a 250% increase in the total allowable gross residential fioor area and an unlimited number of dwelling units per acre. Unfortunately, even the most generous of economic incentives can no longer overcome the economic realities of the market. For instance, the Master Plan states, “The cost of structured parking today ranges from 20,000 to 30,000 dollars per space, so other means of access should be carefully considered first.” Under today’s economic conditions, nearly 27 years after the adoption of the Master Plan, conservatively speaking, a fully enclosed below grade structured parking spaces costs as much as $125,000 or more to build. With this cost flgure in mind, the estimated cost to replace the previously existing parking spaces on the Applicants’ properties is nearly $18 million, plus the cost to build those spaces required by the new development. Given existing conditions, there is arguably no site in the Town of Vail that can flnancially absorb this type of upfront development cost. As a result, such a scenario is a direct contradiction to the Master Plan which states that, “Parking requirements should not constitute an unnecessary disincentive to redevelopment”, and “Parking is important, but too expensive and land consuming to be provided without solid reasoning. • How the Plan is in error, or Applicants’ Response: 198 RUTHER ASSOCIATES LLC 11 There are at least two instances where the Master Plan is in error. The flrst is with respect to the requirement for a conditional use permit for “public or private parking lots” on all levels of a building or outside of a building in the LMU – 1 District, and the second, is with respect to a master plan being a guiding document with no regulatory authority, unless intentionally specifled otherwise. Pursuant to the Vail Town Code, a conditional permit is a discretionary action of the Town of Vail Planning & Environmental Commission. To avoid instances of arbitrary and capricious decision- making, the Town Code specifles a review process and criteria for review and associated flndings for all conditional use permits. To mandate a conditional use upon a property, as suggested by the Master Plan, effectively prejudges or otherwise biases the decision-making process as there is not an instance whereby the conditional use could be denied and still comply with the Master Plan. To correct this error in the Master Plan would likely require “public or private parking lots” to be a permitted use, subject only to administrative review. “Section 12-7H-5 Conditional Uses; Generally (On All Levels of a Building or Outside of a Building). The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title: (in part) (H) Public or private parking lots;” The Master Plan is not a regulatory document conveying requirements upon the development of a site. Instead, it is an advisory document offering recommendations for future outcomes which should be considered when evaluating a development review application. By contrast, the Town of Vail Zoning Code is a regulatory document that states what shall be obligated as part of development review application. That said, there are times when an advisory document can be regulatory but that requires an intentional act of the legislative body to do so. For example, in the LMU – 1 District, with respect to setbacks, landscaping and site coverage, the Vail Town Council took an intentional legislative act and made the Master Plan a regulatory document. As stated in the Zoning Code, setbacks, landscaping and site coverage shall be subject to the prescriptive development standard stated, “unless otherwise prescribed by the Lionshead Redevelopment Master Plan.” The Master Plan is in error as that same intentional act was not taken with respect to parking requirements in the LMU – 1 District. Instead, the Zoning Code states, in sum, that off-street parking shall be provided in accordance with Chapter 12-10 of the Vail Town Code. There is no reference to the Master Plan or the “no net loss of parking” ground rule thereby making the Master Plan recommendation regulatory. Again, to correct this error, the Zoning Code would need to be amended to intentionally make the Master Plan regulatory regarding parking. Section 12-7H-5 Conditional Uses; Generally (On All Levels of a Building or Outside of a Building), Vail Town Code states, “The following conditional uses shall be permitted, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this title: (in part) (H) Public or private parking lots; 199 RUTHER ASSOCIATES LLC 12 • How the addition, deletion, or change to the Plan is in concert with the Plan in general. Applicants’ Response: An expressed goal of the Lionshead Redevelopment Master Plan is economically incentivizing the redevelopment of properties with the Lionshead Master Plan Study Area. The proposed amendment allows for that goal to still be realized with respect to the properties impacted by Section 5.7.5 of the Master Plan. Perhaps rather than rely upon private property owners to unrealistically adhere to a fiawed and unenforceable “no net loss of parking” ground rule, the Town should consider other transportation related alternates to the parking of private vehicles. Possible alternatives include an enhanced transit system, more convenient drop-off facilities, a reduction in required parking ratios for certain uses (such as employee and locals housing), off-site and remote parking, and parking disincentives that discourage driving. All of which achieve the Master Plan goal and more realistically achieve a better outcome for the Vail community. By intention, the Amendment is site speciflc and intended only to affect Section 5.7.5 of the Master Plan. This approach to amending the Master Plan continues to allow for the concept of no net loss of parking to be implemented, when and where more appropriate. V. RECOMMENDED FINDINGS The Applicants have demonstrated compliance with the criteria for review of the proposed Amendment as outlined in Section IV of this memorandum. In keeping with the goals and objectives of the Master Plan, the proposed Master Plan amendment: • appropriately responds to the changes in conditions since its adoption 27 years ago, • identifles at least two instances of procedural errors within the Master Plan, and • demonstrates how the amendment is in concert with the purposes of the Master Plan. The Applicants agree with the Master Plan statement with respect to the following: “Overestimating parking demand can be as damaging as underestimating demand due to the extreme expense of parking space (especially if structured) in a real estate environment such as the Vail Valley. Likewise, parking is a large consumer of ground and should be designed to occupy as little real estate as possible.” and, “Parking requirements should not constitute an unnecessary disincentive to redevelopment.” On July 14, 2025, the Town of Vail Planning & Environmental Commission unanimously voted to forward a recommendation of approval of the amendment, with modiflcations, to the Vail Town Council. The recommended modiflcation is as indicated below: "The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both 5-12 visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. To that 200 RUTHER ASSOCIATES LLC 13 end, in 2019, the top deck of the parking deck was demolished to protect public health, prevent property loss, and eliminate serious safety hazards due to its failing structural components. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. The existing parking is exempt from the no net loss of parking ground rule. This exemption is consistent with the parking policy considerations set forth in Section 4.8 (a-e) herein. Unlike other private improvements in the Lionshead Study Area, the parking garage was unique in that it was a privately-owned, stand-alone parking structure that did not fulfill the parking requirements prescribed by the Vail Town Code for any existing residential or commercial development. Further, the intent of the no net loss of parking ground rule is to preserve existing parking. In this instance, however, to do so unduly burdens the property owner to provide parking when said parking was only allowable, subject to the issuance of a conditional use permit, which may, or may not be approved by the Town of Vail. In this specific instance, the no net loss of parking ground rule inadvertently and unintentionally limits the redevelopment of the property as there are no economic incentives offered by the Plan that offset the financial impacts of replacing 139 structured parking spaces at a replacement cost in excess of $125,000 per parking space and the Town of Vail cannot guarantee that a conditional use permit will be granted. Any other parking requirements as may be applicable are intended to apply.” To that end, the Applicants request that the Vail Town Council approves Resolution No. 33, Series of 2025, as presented. 201 Lionshead Redevelopment Master Plan Amendment Resolution No. 33, Series of 2025 Vail Town Council August 5, 2025 Ruther Associates LLC 08/05/25 202 Meeting Agenda •Introduction •Description of the Request •Proposed Amendment •PEC Recommendation •Background •Compliance with Review Criteria •Recommended Findings Ruther Associates LLC 08/05/25 203 Introduction •Telemark Ventures, LLC and Vail Property Group, LLC (the “Applicants”). •Owners of the properties located 500 and 534 East Lionshead Circle (the “Property”). •Intended to facilitate the future redevelopment of the site per the recommendations of the Master Plan. “Future amendments to this master plan must be approved by resolution or motion by the Town Council following a formal recommendation by the Planning and Environmental Commission.” -Lionshead Redevelopment Master Plan, December 1998 Ruther Associates LLC 08/05/25 204 Description of the Request •Amend Section 5.7.5 Lionshead Pride Building and Parking Deck. •Pursuant to Section 2.8, Adoption and Amendment, Lionshead Redevelopment Master Plan. •Clarify the intent and implementation of the “no net loss of parking” ground rule “The Master Plan is likely not “perfect” and may require amendments from time to time as conditions change and/or greater clarifications are required to achieve the development goals and objectives of the Master Plan.” - LRMP, December 1998 Ruther Associates LLC 08/05/25 205 Proposed Amendment •Deletions to the existing language are shown in strikethrough and additions to the language are shown in bold. •Section 5.7.5 is proposed to be amended as follows: Ruther Associates LLC 08/05/25 206 "The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both 5-12 visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. To that end, in 2019, the top deck of the parking deck was demolished to protect public health, prevent property loss, and eliminate serious safety hazards due to its failing structural components. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. The existing parking is exempt from the no net loss of parking ground rule. This exemption is consistent with the parking policies set forth in Section 4.8 (a-e) herein. Unlike other private improvements in the Lionshead Study Area, the parking garage was pg 1 unique in that it was a privately-owned, stand- alone parking structure that did not fulfill the parking requirements prescribed by the Vail Town Code for any existing residential or commercial development. Further, the intent of the no net loss of parking ground rule is to preserve existing parking. In this instance, however, to do so unduly burdens the property owner to provide parking when said parking is only allowable, subject to the issuance of a conditional use permit, which may, or may not be approved by the Town of Vail. In this specific instance, the no net loss of parking ground rule inadvertently and unintentionally limits the redevelopment of the property as there are no economic incentives offered by the Plan that offset the financial impacts of replacing 139 structured parking spaces at a replacement cost in excess of $125,000 per parking space and the Town of Vail cannot guarantee that a conditional use permit will be granted. Any other parking requirements as may be applicable are intended to apply.” pg 2 207 "The Lions Pride building and the parking deck across the alley are not in primary locations in the retail core but, because they are in very questionable condition (both 5-12 visually and physically), their redevelopment and compliance with the Master plan should be considered a priority. To that end, in 2019, the top deck of the parking deck was demolished to protect public health, prevent property loss, and eliminate serious safety hazards due to its failing structural components. An opportunity exists to convert the existing alleyway into a true arrival point for these properties and an enhanced pedestrian walkway. The existing parking must be replaced, most likely underneath a new structure, and could be accessed directly from East Lionshead Circle or from the alley. The existing parking is exempt from the no net loss of parking ground rule. This exemption is consistent with the parking policies set forth in Section 4.8 (a-e) herein. Unlike other private improvements in the Lionshead Study Area, the parking garage was pg 1 unique in that it was a privately-owned, stand- alone parking structure that did not fulfill the parking requirements prescribed by the Vail Town Code for any existing residential or commercial development. Further, the intent of the no net loss of parking ground rule is to preserve existing parking. In this instance, however, to do so unduly burdens the property owner to provide parking when said parking is only allowable, subject to the issuance of a conditional use permit, which may, or may not be approved by the Town of Vail. In this specific instance, the no net loss of parking ground rule inadvertently and unintentionally limits the redevelopment of the property as there are no economic incentives offered by the Plan that offset the financial impacts of replacing 139 structured parking spaces at a replacement cost in excess of $125,000 per parking space and the Town of Vail cannot guarantee that a conditional use permit will be granted. Any other parking requirements as may be applicable are intended to apply.” pg 2 208 Background •“…to encourage redevelopment and new development initiatives within the Lionshead study area.” •“Parking requirements should not constitute an unnecessary disincentive to redevelopment.” •“Parking is only one part of an overall access strategy.” •“Overestimating parking demand can be as damaging as underestimating demand due to the extreme expense of parking space (especially if structured).” •“All residential properties should provide their own parking within their property.” •“Parking is important, but too expensive and land consuming to be provided without solid reasoning.” Source: LRMP, December 1998 Ruther Associates LLC 08/05/25 209 Review Criteria To be recommended for approval, the Town of Vail Planning & Environmental Commission is to find that the Applicants have demonstrated compliance with at least one of the following review criteria: 1)How conditions have changed since the Plan was adopted, 2)How the Plan is in error, or 3)How the addition, deletion, or change to the Plan is in concert with the Plan in general. Ruther Associates LLC 7/14/2025 210 How conditions have changed since the Plan was adopted ✓…adopted more than 25 years ago. ✓…conditions within the Vail community and Lionshead Village have undergone substantial change. ✓…adopted the GO Vail 2045…to reduce reliance on the use of private vehicles and parking. ✓…introducing more parking spaces only allows for the introduction of more cars. ✓…economic market conditions have changed dramatically since the adoption of the Master Plan. ✓…a fully enclosed below grade structured parking spaces costs as much as $125,000 or more to build. ✓…there is arguably no site in the Town of Vail that can financially absorb this type of upfront development cost. Ruther Associates LLC 08/05/25 211 How the Plan is in Error There are at least two instances where the Master Plan is in error: ✓The requirement for a conditional use permit for “public or private parking lots”. ✓To mandate a conditional use effectively prejudges or otherwise biases the decision-making process as there is not an instance whereby the conditional use could be denied and still comply with the Master Plan. ✓There is no evidence of an existing conditional use permit. ✓A master plan is a guiding document with no regulatory authority, unless intentionally specified otherwise. ✓An intentional act was not taken with respect to parking requirements in the LMU – 1 District. Ruther Associates LLC 08/05/25 212 How the addition, deletion, or change to the Plan is in concert with the Plan in general ✓An expressed goal of the Lionshead Redevelopment Master Plan is to economically incentivize the redevelopment of properties with the Lionshead Master Plan Study Area. ✓This amendment allows for that goal to be realized with respect to the properties impacted by Section 5.7.5 of the Master Plan. ✓This amendment is consistent with the parking policy considerations set forth in Section 4.8 (a-e) of the Master Plan. Ruther Associates LLC 08/05/25 213 Recommended Findings The Applicants have demonstrated compliance with the criteria for review of the proposed Amendment. As such, the amendment: ✓appropriately responds to the changes in conditions since its adoption 27 years ago, ✓ identifies at least two instances of procedural errors within the Master Plan, and ✓demonstrates how the amendment is in concert with the purposes of the Master Plan. On July 14, 2025, the PEC voted to unanimously recommend approval of the amendment. To that end, the Applicants request that the Vail Town Council approves the amendment, as presented, subject to Resolution No. 33, Series of 2025. Ruther Associates LLC 08/05/25 214 Town Council Discussion How conditions have changed since the Plan was adopted. How the Plan is in error. How the addition, deletion, or change to the Plan is in concert with the Plan in general. Ruther Associates LLC 08/05/25 215 AGENDA ITEM NO. 7.2 Item Cover Page DATE:August 5, 2025 TIME:5 min. SUBMITTED BY:Greg Roy, Community Development ITEM TYPE:Action Items AGENDA SECTION:Public Hearings (7:15pm) SUBJECT:Ordinance No. 15, Series of 2025, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code to Create the Vail Village Inn (VVI) Zone District and Making Corresponding Edits to Other Sections of Title 12 (7:45pm) SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance 15, Series of 2025 upon second reading. PRESENTER(S):Greg Roy, Planning Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Ord #15 of 2025 Staff Memo.pdf Staff Presentation Ord 15.pdf Applicant Presentation TC 7-15-25.pdf Attachment A. Ordinance No. 15, Series of 2025 Draft.pdf Attachment B. PEC25-0012 Memo Final.pdf Attachment C. PEC25-0012 Materials.pdf Attachment D. PEC Results 6-23-25.pdf VVI Zone Application Public Comment.pdf 216 TO: Town Council FROM: Community Development Department DATE: August 5, 2025 SUBJECT: Second reading of Ordinance No. 15, Series of 2025, an ordinance amending Title 12 and Title 14 of the Vail Town Code to create the Vail Village Inn (VVI) Zone District and making corresponding edits to other section of Title 12. Applicant: Village Inn Plaza Phases l, ll, and lll Homeowners Association(aka Village Inn Plaza Condominium and Vail Plaza Condominiums), represented by Mauriello Planning Group Planner: Greg Roy I. SUMMARY The applicant, the Village Inn Plaza Condominium and Vail Plaza Condominiums, is proposing to amend Section 12-12-2 Definitions and a Zone District Boundary amendment pursuant to 12-3-7 Amendment, Vail Town Code to apply the proposed Vail Village Inn (VVI) zone district to the properties located at 68 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot O and 100 E Meadow Drive/Vail Vil lage Filing 1, Block 5D, Lot M and O. The proposed text amendment would revise the definitions of site coverage and landscaping. On June 23, 2025, the Planning and Environmental Commission (PEC) voted 6-0 to recommend approval of the proposed amendments (PEC25-0012). At the July 15th Town Council meeting the Town Council approved Ordinance No. 15, Series of 2025 upon first reading II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 15, Series of 2025 on second reading. III. DESCRIPTION OF REQUEST 217 Town of Vail Page 2 The application is for a Prescribed Regulation Amendment pursuant to 12-3-7 Amendment, Vail Town Code, to create a new Vail Village Inn (VVI) zone district and an amendment to Vail Town Code Section 12 -2-2 Definitions to change the Site Coverage definition. Please see the attached documents for review. A. Ordinance No. 15, Series of 2025 B. PEC25-0012 Staff Report 6-23-25 C. PEC Materials 6-23-25 D. PEC Results 6-23-25 IV. BACKGROUND The subject lots were developed under Special Development District No. 6, which was adopted by Ordinance No. 7, Series of 1976. In 1984 a Minor Subdivision application was approved to separate 68 and 100 E meadow, the subject sites of the application today . Since that date there have been nine major amendments to the SDD and roughly a dozen minor amendments. As a result of a court case in 2024 SDD No. 6 was invalidated and the underlying Public Accommodation (PA) zone district became the primary zoning for the site. In the past, these sites developed through a combination of the existing PA zoning and Special Development District No. 6. As noted in the applicant’s narrative, Special Development District No. 6 was invalidated through a court order in 2022, rendering th e properties developed under those standards as illegal non -conforming. The proposed new zone district seeks to address the issue of the non-conforming status by creating a zone district for these particular sites; Vail Village Inn phases 1, 2, and 3. The district aims to provide a unique zone district that works for the uses on the site and with similar standards to the adjacent Commercial Service Center (CSC) district and the Lionshead Mixed Use 1 (LMU-1) district. The applicant’s proposal of a new zone district provides a straightforward development process for future applications, compared to the reestablishment of a special development district. With this proposal any additions or alterations would be processed th rough the Planning and Environmental Commission (PEC) or Design Review Board (DRB) process, compared to the lengthier minor or major amendment to a Special Development District (SDD). Creation of a new district requires that the standards be reviewed for conformance with the existing development on the site to ensure the existing building meets the proposed standards, and that the proposed standards allow for the appropriate development of the site in the future. As this process does not have the same flexibility of a SDD the application is being paired with one text amendments to definitions. This one text amendment will affect how these individual standards are applied throughout town. The change to the “Site Coverage” definition is listed in the subsection below. This change would not count building area below grade towards site coverage for the VVI, HDMF, CH- 218 Town of Vail Page 3 3, CC1, CC2, CC3, CSC, LMU-1, LMU-2, PA, PA-2, SBR, and SBR2 zone districts. The remaining districts in Town would see no change in the way that site coverage is calculated. Currently site coverage limits the percentage of a site that a building can occupy above and below grade. This has presented challenges for buildings in the Villages and other higher density areas as parking is usually proposed to be below grade. In some c ases, variances for below grade site coverage have been applied for and granted to accommodate this type of development, as most recently done for the Evergreen development. V. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2025, on second reading, staff recommends the Council pass the following motion: “The Vail Town Council approves, on second reading, Ordinance No. 15, Series of 2025, an ordinance amending Title 12 and Title 14 of the Vail Town Code to create the Vail Village Inn (VVI) Zone District and making corresponding edits to other section of Title 12.” Should the Vail Town Council choose to approve Ordinance No. 15 Series of 2025, staff recommends the Council make the following findings: “The Vail Town Council finds:” 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” Vl. ATTACHMENTS A. Ordinance No. 15, Series of 2025 B. PEC25-0012 Staff Report 6-23-25 C. PEC Materials 6-23-25 D. PEC Results 6-23-25 219 PRESENTATION BY Greg Roy, AICP Planner VVI PEC25-0012 Prescribed Regulations Amendment & Zone District Boundary Amendment 100 & 68 E Meadow Dr 220 Application Summary Town of Vail | PEC25-0012| vailgov.com •New Zone District: Vail Village Inn (VVI) •Zone District Boundary Amendment: Applying new VVI zone district •Text Amendments: Site Coverage 221 Vicinity Map Town of Vail | PEC25-0012| vailgov.com 222 History Town of Vail | PEC25-0012| vailgov.com •Developed under SDD No. 6 223 Existing Conditions Town of Vail | PEC25-0012| vailgov.com 224 Existing Conditions Town of Vail | PEC25-0012| vailgov.com 225 Uses Town of Vail | PEC25-0012| vailgov.com •Existing (Developed) •Multi-Family Dwellings (102) •Commercial •(Existing Zoning) Public Accommodation (PA ) •Lodges with 10% commercial area •Proposed uses are a mix of CSC and LMU-1 226 Standards Town of Vail | PEC25-0012| vailgov.com 227 Setbacks Town of Vail | PEC25-0012| vailgov.com At the discretion of the PEC or the DRB, variations to the prescribed setbacks may be approved during the review of a major exterior alteration if the proposed setbacks: (1)Provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas; (2) Comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations; (3) Provide adequate light, air and open space; (4)Are compatible with buildings and uses on adjacent properties; and (5)Will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with the prescribed setbacks. 228 Landscaping Town of Vail | PEC25-0012| vailgov.com The PEC or the DRB may approve variations to the prescribed landscape area during the review of a major exterior alteration if the proposed landscape design: (1)Is consistent with the Vail Village Master Plan; (2) Complies with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations; and (3) Will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with the prescribed landscape area. 229 Site Coverage Town of Vail | PEC25-0012| vailgov.com Existing Language: SITE COVERAGE. (1)The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calculating site coverage, “building area of a site” shall mean that portion of a site occupied by any building, carport, porte-cochere, arcade and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns. (2)For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet from the exterior face of the perimeter building walls or supporting columns. 230 Site Coverage – Proposed Language Town of Vail | PEC25-0012| vailgov.com SITE COVERAGE. The ratio of the total building area of a site to the total area of a site, expressed as a percentage, subject to the following: (1)In calculating site coverage, “building area of a site” means that portion of a site occupied by a building, carport, portecochere, arcade or covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns. (2) A balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. (3)Building area shall also include any portion of roof overhangs, eaves, covered stairs, covered decks, covered porches, covered terraces and covered patios that extend more than four (4) feet from the exterior face of the perimeter building walls or supporting columns. (4)In the VVI, HDMF, CH-3, CC1, CC2, CC3, CSC, LMU-1, LMU-2, PA, PA-2, SBR, and SBR2 zone districts, below-grade improvements are not included in the calculation of site coverage. 231 Districts Established Town of Vail | PEC25-0012| vailgov.com (A)Hillside Residential (HR) District; (B)Single-Family Residential (SFR) District; (C)Two-Family Residential (R) District; (D)Two-Family Primary/Secondary Residential (PS) District; (E)Residential Cluster (RC) District; (F)Low Density Multiple-Family (LDMF) District; (G)Medium Density Multiple-Family (MDMF) District; (H)High Density Multiple-Family (HDMF) District; (I)West Vail Multi-Family (WVMF) Overlay District; (J)Community Housing–1 (CH-1) District; (K)Community Housing–2 (CH-2) District; (L)Community Housing–3 (CH-3) District; (M)Vail Village Townhouse (VVT) District; (N)Public Accommodation (PA) District; (O)Commercial Core 1 (CC1) District; (P)Commercial Core 2 (CC2) District; (Q)Commercial Core 3 (CC3) District; (R)Commercial Service Center (CSC) District; (S)Arterial Business (ABD) District; (T)Heavy Service (HS) District; (U)Lionshead Mixed Use 1 (LMU-1) District; (V)Lionshead Mixed Use 2 (LMU-2) District; (W)Public Accommodation-2 (PA-2) District; (X)Agricultural and Open Space (A) District; (Y)Outdoor Recreation (OR) District; (Z)Natural Area Preservation (NAP) District; (AA)Ski Base/Recreation (SBR) District; (BB)Ski Base/Recreation 2 (SBR2) District; (CC)Special Development (SDD) District; (DD)Parking (P) District; and (EE)General Use (GU) District. 232 Districts Affected Town of Vail | PEC25-0012| vailgov.com (A)Hillside Residential (HR) District; (B)Single-Family Residential (SFR) District; (C)Two-Family Residential (R) District; (D)Two-Family Primary/Secondary Residential (PS) District; (E)Residential Cluster (RC) District; (F)Low Density Multiple-Family (LDMF) District; (G)Medium Density Multiple-Family (MDMF) District; (H)High Density Multiple-Family (HDMF) District; (I)West Vail Multi-Family (WVMF) Overlay District; (J)Community Housing–1 (CH-1) District; (K)Community Housing–2 (CH-2) District; (L)Community Housing–3 (CH-3) District; (M)Vail Village Townhouse (VVT) District; (N)Public Accommodation (PA) District; (O)Commercial Core 1 (CC1) District; (P)Commercial Core 2 (CC2) District; (Q)Commercial Core 3 (CC3) District; (R)Commercial Service Center (CSC) District; (S)Arterial Business (ABD) District; (T)Heavy Service (HS) District; (U)Lionshead Mixed Use 1 (LMU-1) District; (V)Lionshead Mixed Use 2 (LMU-2) District; (W)Public Accommodation-2 (PA-2) District; (X)Agricultural and Open Space (A) District; (Y)Outdoor Recreation (OR) District; (Z)Natural Area Preservation (NAP) District; (AA)Ski Base/Recreation (SBR) District; (BB)Ski Base/Recreation 2 (SBR2) District; (CC)Special Development (SDD) District; (DD)Parking (P) District; and (EE)General Use (GU) District. 233 Possible Affected Districts Town of Vail | PEC25-0012| vailgov.com 234 Possible Affected Districts Town of Vail | PEC25-0012| vailgov.com 235 Possible Affected Districts Town of Vail | PEC25-0012| vailgov.com 236 Possible Affected Districts Town of Vail | PEC25-0012| vailgov.com 237 Possible Affected Districts Town of Vail | PEC25-0012| vailgov.com 238 Thank you 239 VAIL VILLAGE INN Crea-on of a New Zone District and Rezoning Town Council July 15, 2025 240 INTRODUCTION •Mauriello Planning Group respresen -ng the applicants •Vail Plaza Condominiums (VVI Phases 1 and 2) •Village Inn Plaza Condominium (VVI Phase 3) •Phases 4 and 5 can choose to rezone themselves but not part of this applica-on 241 INTRODUCTION •Proposing to create a new Zone District: Vail Village Inn (VVI) District •Hybrid modeled aVer CSC and LMU-1 to a degree •Amendment to defini-on of Site Coverage (underground) 242 BACKGROUND •Special Development District #6 was established by the Town of Vail by Ordinance No. 7, Series of 1976. •The underlying zoning was Public Accommoda-on (PA). 243 Phase 4 Sebas-an Phase 5 Phase 1-2 Phase 3 Vail Village Inn Special Development District #6 (Historical)Gateway Building 244 BACKGROUND •Vail Village Inn (VVI) was originally envisioned as pedestrian village offshoot from Vail Village •Project developed pedestrian ways and plazas laid out in a way that did not following ridged zoning requirements found in suburban areas Vail Village Inn (1980) 245 BACKGROUND •VVI was laid out and developed on a more European village model where the focus is on urban design •VVI in some aspects was a more successful pedestrian model than Vail Village with the parking located below grade, but lacking perhaps the loca-onal value of Vail Village proper Vail Village Inn (1980) 246 COURT DECISION •The Town’s agorneys believe that in 2021, Colorado Appeals Court invalidated Special Development District #6 (SDD #6) based on a lawsuit filed by the Phase 5 Condominium Associa-on •Reverted the en-rety of the property to the underlying zoning of Public Accommoda-on (PA) •Made property nonconforming: uses and development standards •Staff put a stop to any development ac-vi-es un-l a new zone district is adopted 247 CHALLENGES OF PA ZONING •PA Zone District is not appropriate zone district for property •PA Zone District is only appropriate for hotel proper-es with limited commercial offerings •VVI is mixture of mostly mul-ple family and commercial uses (hotel only in Phase 4) •Staff agreed that a new zone district was the best approach for the property given its unique character 248 PEC REVIEW •The PEC held two mee-ngs on the proposal on June 9 and June 23 •PEC recommended approval with condi -on on GRFA being limited to 165% versus being unlimited as we proposed •PEC recommenda -on of approval was unanimous 249 PROPOSED NEW ZONE DISTRICT •Applicant is proposing a new zone district Vail Village Inn-1 •Proposal is modeled off of the Commercial Service Center zone district and Lionshead Mixed Use 1 zone district but specifically tailored to this mixed use property •LMU-1 is the most modern of the mixed use districts (25 years old) 250 ADJACENT PROPERTIES •Commercial Service Center is the zone district of two of the adjacent proper-es to the VVI: Solaris and the Gateway •Both are also SDDs to address some of the short-comings of the CSC zone district, most notably GRFA and height Gateway Building: SDD with underlying zoning of CSC Solaris: SDD with underlying zoning of CSC PA PA 251 NOTABLE CHANGES •Uses •Re flect the current uses onsite •Basement level uses •First floor commercial uses on pedestrian corridor •CUP for residen-al/hotel uses on pedestrian corridor •Second floor and above - accommoda-on units, dwellings, etc. •No nonconforming uses created 252 NOTABLE CHANGES •Setbacks •10’ or as exis-ng onsite •PEC/DRB can grant relief from setbacks with criteria (like PA-2) •No nonconformity created Phase 4 Sebas-an Phase 5 Phase 1-2 Phase 3 253 NOTABLE CHANGES •Building Height •45’ or as exis-ng •same as PA •grandfathers in taller heights •No nonconformity created 254 NOTABLE CHANGES •Density •No limit •Like Lionshead zoning •Let development standards and HOA control •No nonconformity created •Other Districts •LMU-1: No limit •PA: 25 DU per acre •CC1: 25 DU per acre •CSC: 18 DU per acre •Phases 1-3: < 25 DU per acre 255 NOTABLE CHANGES •GRFA •165% •Allows all phases to be conforming •No nonconformity created •Other Districts •LMU-1: 250% of site area •PA: 150% •CC1: 80% •CSC: 40% 256 NOTABLE CHANGES •Site Coverage •60% or as exists, greater of •Requires code change for below grade site coverage •Allows for some building expansion •No nonconformity created •Other Districts •LMU-1: 70% of site area •PA: 65% •CC1: 80% •CSC: 75% •Phases 1-3: 42%-48% (above grade) 257 NOTABLE CHANGES •Landscape Area •30% minimum •Allows for reduc -on or increased percentage of hardscape subject to criteria •No nonconformity created •Other Districts •LMU-1: 20% of site area (min) •PA: 30% •CC1: no net loss •CSC: 20% •Phases 1-2: 10.95%; Phases 3: 35.4% 258 NOTABLE CHANGES •Parking and loading •Comply with code •Commercial uses can pay-in-lieu for expansions •No nonconformity created 259 Village Plaza Phase 1-2 Standard Existing Proposed VVI District Total Lot Area 28,290 sq. ft.No Change Minimum Lot Area n/a 10,000 sq. ft. Setbacks Varies from 0 ft. to 43 ft. Existing buildings are located off property 0’ except 10’ on east side of Phase 3 property Height Varies 31 ft. to 35 ft.As existing or 45 ft. flat/48 ft. sloping (same a PA zone District) Density - Dwellings 5 dwelling units or 7.7 units per acre No restriction on number of dwelling units GRFA unknown Unlimited Site Coverage - Above Grade 48% of total site area or 13,702 sq. ft.Greater of existing or 60% above grade (requires definition change) Site Coverage - Below Grade Unknown 100% below grade Landscaping - softscape 4.9% or 1,401 sq. ft.n/a Landscaping - hardscape 51% or 13,187 sq. ft.n/a Landscaping - Total 10.95% or 3,098 sq. ft. 30% or 8,487 sq. ft. (may be reduced per criteria) Parking as exists Per code however, added to parking pay in lieu Loading as exists No reduction in loading facilities 260 Phase 1-2 261 Village Inn Plaza Phase 3 Standard Existing Proposed VVI District Total Lot Area 46,806 sq. ft.No Change Minimum Lot Area n/a 10,000 sq. ft. Setbacks Varies from 0 ft. to 10 ft.0’ except 10’ on east side of Phase 3 property Height 75 ft. (building 2) and 35 ft. (building 2) approximately As existing or 45 ft. flat/48 ft. sloping (same a PA zone District) Density - Dwellings 26 dwelling units or 24.3 units per acre No restriction on number of dwelling units GRFA unknown Unlimited Site Coverage - Above Grade 42% of total site area or 19,753 sq. ft.Greater of existing or 60% above grade (requires definition change) Site Coverage - Below Grade Unknown 100% below grade Landscaping - softscape 29% or 13,760 sq. ft.n/a Landscaping - hardscape 22% or 10,716 sq. ft.n/a Landscaping - Total 34.5% or 16,568 sq. ft. 30% or 14,041 sq. ft. (may be reduced per criteria) Parking as exists Per code however, added to parking pay in lieu Loading as exists No reduction in loading facilities 262 Phase 3 263 DEFINITION AMENDMENT: SITE COVERAGE 264 SITE COVERAGE The language that exists today is: SITE COVERAGE. (1) The ra4o of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calcula4ng site coverage, “building area of a site” shall mean that por4on of a site occupied by any building, carport, porte-cochere, arcade and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or suppor4ng columns. (2) For the purposes of this defini4on, a balcony or deck projec4ng from a higher eleva4on may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addi4on to the above, building area shall also include any por4on of a roof overhang, eaves or covered stair, covered deck, covered porch, covered terrace or covered pa4o that extends more than four feet from the exterior face of the perimeter building walls or suppor4ng columns. 265 SITE COVERAGE •In the mid-2000s the Town amended the defini-on of site coverage to address a concern on residen-al proper-es that building sites were being excavated “coast to coast” or property line to property line •Prior to this mid-2000s amendment, site coverage only applied to building footprints located above grade •The language that existed prior to mid-2000s, the language excluded the word “below” •The proposed amendment, when considering residen-al projects, seemed like a very posi-ve change, though it does not appear to have had any real posi-ve environmental impact as homesites are generally fully excavated today for new homes 266 SITE COVERAGE •The major consequence of the change is that it rendered most commercial, mixed use, and mul-ple family sites with underground parking nonconforming •Reduced the ability of residen-al sites to have below grade improvements outside of the building footprint (like parking liVs and other uses) •In fact, since that change was made every major mixed use or commercial project has had to apply for a variance from the defini-on of site coverage 267 PROPOSED SITE COVERAGE SITE COVERAGE. (1) The ra-o of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calcula-ng site coverage, “building area of a site” shall mean that por-on of a site occupied by any building, carport, porte-cochere, arcade and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or suppor-ng columns. In the VVI, HDMF, CH-3, CC1, CC2, CC3, CSC, LMU-1, LMU-2, PA, PA-2, SBR, and SBR2 below grade improvements are not calculated as site coverage. (2) For the purposes of this defini-on, a balcony or deck projec-ng from a higher eleva-on may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addi9on to the above, building area shall also include any por-on of a roof overhang, eaves or covered stair, covered deck, covered porch, covered terrace or covered pa-o that extends more than four feet from the exterior face of the perimeter building walls or suppor-ng columns. 268 Vail Village Inn (1980) 269 1 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX ORDINANCE NO. 15 SERIES 2025 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE TO CREATE THE VAIL VILLAGE INN (VVI) ZONE DISTRICT AND MAKING CORRESPONDING EDITS TO OTHER SECTIONS OF TITLE 12 WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for amending provisions of Title 12 of the Vail Town Code; and WHEREAS, on June 15 and June 23, 2025, the Planning and Environmental Commission (the "PEC") held properly-noticed public hearings on proposed amendments to Title 12 to add a new zone district and make corresponding edits to other sections of Title 12; and WHEREAS, on July 15, 2025, the Town Council held a properly-noticed public hearing on the proposed amendments. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The definition of Site Coverage contained in Section 12-2-2 of the Vail Town Code is repealed in its entirety and reenacted as follows: SITE COVERAGE. The ratio of the total building area of a site to the total area of a site, expressed as a percentage, subject to the following: (1) In calculating site coverage, “building area of a site” means that portion of a site occupied by a building, carport, portecochere, arcade or covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns. (2) A balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. (3) Building area shall also include any portion of roof overhangs, eaves, covered stairs, covered decks, covered porches, covered terraces and covered patios that extend more than four (4) feet from the exterior face of the perimeter building walls or supporting columns. (4) In the VVI, HDMF, CH-3, CC1, CC2, CC3, CSC, LMU-1, LMU-2, PA, PA-2, SBR, and SBR2 zone districts, below-grade improvements are not included in the calculation of site coverage. 270 2 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX Section 2. Section 12-4-1 of the Vail Town Code is hereby amended by the addition of a new subsection (FF), to read as follows: (FF) Vail Village Inn (VVI) District. Section 3. Chapter 7 of Title 12 of the Vail Town Code is hereby amended by the addition of a new Article 7K, to read as follows: ARTICLE 7K: VAIL VILLAGE INN (VVI) DISTRICT 12-7K-1 INTENT AND PURPOSE. (A) The Vail Village Inn (VVI) zone district is intended to provide sites for general shopping and commercial facilities serving the Town, together with multi-family dwelling units and lodge and accommodation uses as may be appropriate. (B) The purpose of this Article is intended to ensure adequate light, air, open space and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient pedestrian environment for permitted commercial uses. 12-7K-2 PERMITTED USES; BASEMENT OR GARDEN LEVEL. The following uses shall be permitted in the basement or garden level of a building: (1) Accommodation units; (2) Attached accommodation units: (3) Banks and financial institutions; (4) Commercial ski storage/ski clubs; (5) Conference facilities and meeting rooms; (6) Eating and drinking establishments; (7) Employee housing units, subject to Chapter 13 of this Title 12; (8) Fractional fee clubs, timeshare, and fractional units; (9) Liquor stores; (10) Lodge dwelling units; (11) Multi-family residential dwelling units; (12) Personal services and repair shops; (13) Private clubs; (14) Professional offices, business offices and studios; (15) Recreation facilities; (16) Religious institutions; 271 3 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX (17) Retail establishments; and (18) Spa facilities. 12-7K-3 PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL. (A) Permitted uses. The following uses shall be permitted on the first floor or street level of a building: (1) Banks and financial institutions; (2) Conference facilities and meeting rooms; (3) Eating and drinking establishments; (4) Liquor stores; (5) Multi-family residential dwelling units and lodge dwelling unit that do not front upon a retail pedestrian corridor; (6) Personal services and repair shops; (7) Recreation facilities; (8) Religious institutions; and (9) Retail establishments. (B) Conditional uses. The following uses shall be permitted on the first floor or street level floor of a building, subject to issuance of a conditional use permit pursuant to Chapter 16 of this Title 12: (1) Accommodation units; (2) Attached accommodation units; (3) Employee housing units, subject to Chapter 13 of this Title 12; (4) Multi-family residential dwelling units (5) Lodge dwelling units; (6) Fractional fee clubs, timeshares, and fractional units; (7) Private clubs; and (8) Professional offices, business offices and studios. 12-7K-4 PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE. (A) Permitted uses. The following uses shall be permitted on any floor above the first floor of a building: (1) Accommodation units; (2) Attached accommodation units; (3) Employee housing units, subject to Chapter 13 of this Title 12; 272 4 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX (4) Multiple-family residential dwelling units; (5) Lodge dwelling units; (6) Fractional fee clubs, timeshare, and fractional units; and (7) Religious institutions. (B) Conditional uses. The following uses shall be permitted on any floor of a building above the first floor, subject to the issuance of a conditional use permit pursuant to Chapter 16 of this Title 12: (1) Banks and financial institutions; (2) Conference facilities and meeting rooms; (3) Eating and drinking establishments; (4) Liquor stores; (5) Personal services and repair shops; (6) Private clubs; (7) Professional offices, business offices and studios; (8) Recreation facilities; (9) Retail establishments; and (10) Spa facilities. 12-7K-5 CONDITIONAL USES. The following conditional uses shall be permitted on any floor of a building, subject to issuance of a conditional use permit pursuant to Chapter 16 of this Title 12: (1) Child daycare centers; (2) Communications antennas and appurtenant equipment; (3) Public or private parking structures; (4) Public buildings, grounds and facilities; (5) Public park and recreation facilities; and (6) Public utility and public service uses. 12-7K-6 ACCESSORY USES. The following accessory uses shall be permitted: (1) Home occupations, subject to issuance of a home occupation permit pursuant to § 12-14-12; (2) Swimming pools, tennis courts, patios, and other recreation facilities customarily incidental to residential or lodge uses; and 273 5 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX (3) Other uses customarily incidental and accessory to permitted or conditional uses and necessary for the operation thereof. 12-7K-7 LOT AREA. The minimum lot area shall be ten thousand (10,000) square feet. 12-7K-8 SETBACKS. (A) The minimum front, side, and rear setbacks shall be ten (10) feet. (B) At the discretion of the PEC or the DRB, variations to the prescribed setbacks may be approved during the review of a major exterior alteration if the proposed setbacks: (1) Provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas; (2) Comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations; (3) Provide adequate light, air and open space; (4) Are compatible with buildings and uses on adjacent properties; and (5) Will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with the prescribed setbacks. 12-7K-9 HEIGHT. (A) For a structure with a flat or mansard roof, the maximum height shall be forty-five (45) feet. (B) For a structure with a sloping roof, the maximum height shall be forty- eight (48) feet. 12-7K-10 DENSITY. There shall be no limitation on the number of dwelling units per acre. 12-7K-11 GROSS RESIDENTIAL FLOOR AREA. Up to one hundred sixty-five (165) square feet of gross residential floor area (GRFA) is permitted for each one hundred (100) square feet of lot area. 12-7K-12 SITE COVERAGE. Site coverage shall not exceed sixty percent (60%) of the total lot area. 12-7K-13 LANDSCAPING. (A) At least thirty percent (30%) of the total lot area shall be landscaped. (B) The PEC or the DRB may approve variations to the prescribed landscape area during the review of a major exterior alteration if the proposed landscape design: 274 6 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX (1) Is consistent with the Vail Village Master Plan; (2) Complies with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations; and (3) Will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with the prescribed landscape area. 12-7K-14 PARKING AND LOADING. (A) Off-street parking shall be provided in accordance with Chapter 10 of this Title 12, except that additional on-site parking generated by changes to commercial uses or expansions of floor area of existing commercial uses may pay into the Parking Fund established by §12 -10-16(B) in lieu of providing such parking. (B) No additional loading facilities are required, but there shall be no reduction of existing loading facilities. 12-7K-15 LOCATION OF BUSINESS ACTIVITY. (A) All uses shall be operated and conducted entirely within a building except for: permitted parking and loading areas; the outdoor display of goods; and such activities that are specifically authorized to be unenclosed by a conditional use permit. (B) The area to be used for an outdoor display of goods shall be located directly in front of the establishment displaying the goods and entirely upon the establishment’s private property. An outdoor display of goods shall not obstruct sidewalks, building entrances or exits, driveways, or streets. (C) For purposes of this Section, "conducted entirely within a building" means that all activities related to the use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. 12-7K-16 MAJOR EXTERIOR ALTERATIONS. (A) Applicability: A major exterior alteration includes: construction of a new building or the alteration of an existing building which adds additional dwelling units, accommodation units, fractional fee club units, or timeshare units; any project adding more than one thous and (1,000) square feet of commercial floor area or common space; or any project which has substantial off site impacts, as determined by the Administrator. (B) Application: (1) The application shall be submitted by the owner of the building or their authorized representative on a form provided by the Town. An application for a unit within a building with an owners' association shall be authorized by the association. 275 7 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX (2) The Administrator shall maintain a complete list of the application submittal requirements, and may waive certain submittal requirements if the applicant demonstrates that the information and materials required are not relevant to the application. The Administrator may also require the submission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the application. (C) Planning and Environmental Commission ("PEC") review: (1) The PEC shall hold a public hearing on the application in accordance with § 12-3-6. (2) At the public hearing, the applicant must prove by a preponderance of the evidence that the proposed exterior alteration complies with this Article and applicable elements of the Vail Village Master Plan and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood. (3) Following the public hearing, the PEC may approve the application as submitted, approve the application with conditions or modifications, or deny the application. (D) Design Review Board ("DRB") review: Following PEC approval, the application shall be reviewed by the DRB pursuant to Chapter 11 of this Title 12. (E) Lapse of approval: (1) Failure to receive DRB approval within two (2) years after the date of PEC approval shall void the PEC approval. (2) Failure to commence construction under a valid building permit within two (2) years after the date of DRB approval shall void the DRB approval. (3) Administrative extensions shall be allowed for reasonable and unexpected delays if regulations affecting the application have not changed. 12-7K-17 MINOR EXTERIOR ALTERATIONS. The construction of a new building or the alteration of an existing building that is not a major exterior alteration shall be reviewed by the DRB pursuant to Chapter 11 of this Title 12. 12-7-K-18 NONCONFORMING USES, STRUCTURES, AND SITE IMPROVEMENTS. (A) Applicability: This Section shall apply to nonconforming uses, structures and site improvements in the VVI District in lieu of Chapter 18 of this Title 12. (B) Uses: 276 8 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX (1) The use of a site or structure lawfully established prior to the effective date of the ordinance codified in this Article that does not conform to the use regulations prescribed by this Article may be continued, subject to this Section and provided that no such nonconforming use shall be enlarged to increase the site coverage or GRFA. Any subsequent reduction in site coverage or GRFA shall be deemed a new limitation, and the use shall not thereafter be enlarged to increase the site coverage or GRFA. (2) A nonconforming use shall not be changed to another nonconforming use. (3) Any nonconforming use that is discontinued for a period of twelve (12) months, regardless of any intent to resume operation of use, shall not be resumed, and any future use shall comply with this Article. (C) Structures and site improvements: (1) Structures and site improvements lawfully authorized by permits or regulations existing prior to the effective date of the ordinance codified in this Article that do not conform to the following may continue, subject to this Section: (a) Height; (b) Setbacks; and (c) Site coverage. (2) If a nonconforming structure or site improvement is destroyed by fire or disaster, the structure or site improvement may be reconstructed if the reconstruction is commenced within twelve (12) months and diligently pursued to completion. All new construction shall comply with all applicable codes regarding safety and construction in effect at the time of reconstruction. (D) Maintenance: Nonconforming uses, structures and site improvements may be maintained and repaired as necessary for convenience, safety and efficiency, provided that the maintenance or repair does not increase the nonconformity. Section 4. The table in Section 12-13-4 of the Vail Town Code is hereby amended by the addition of "Vail Village Inn (VVI)" to the column entitled "Zoning Districts Permitted by Right" for the rows entitled "Type lll", "Type Vll-CL", and "Type Vll-IZ". Section 5. Section 12-15-2 of the Vail Town Code is hereby amended by the addition of "VVI Vail Village Inn" to the column entitled "Zone Districts", and by the addition of "no limitation" to the column entitled "GRFA Ratio". Section 6. Section 12-23-1(B) of the Vail Town Code is hereby amended by the addition of a new subsection (17), to read as follows: 277 9 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX (17) Vail Village Inn (VVI). Section 7. Section 12-24-1(B) of the Vail Town Code is hereby amended by the addition of a new subsection (19), to read as follows: (19) Vail Village Inn (VVI). Section 8. 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 9. 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 10. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 11. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 2025 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 2025, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2025. _____________________________ Travis Coggin, Mayor 278 10 7/11/2025 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/GROY_VAIL_GOV/DOCUMENTS/GREG/PEC CASES/PEC25- 0012/TC/VVI DISTRICT-O071125 (GR).DOCX ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 279 TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 23, 2025 SUBJECT: A request for a review of a Prescribed Regulation Amendment pursuant to 12 -3-7 Amendment, Vail Town Code, to create a new Vail Village Inn (VVI) zone district and an amendment to Vail Town Code Section 12-2-2 Definitions to change the Site Coverage and Landscaping definitions, a Zone District Boundary amendment pursuant to 12-3-7 Amendment, Vail Town Code to apply the proposed Vail Village Inn (VVI) zone district to the properties located at 68 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot O and 100 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot M and O (aka Village Inn Plaza Condominium and Vail Plaza Condominiums), and amendments to other sections of Title 12 that require references to the new zone district. Applicant: Village Inn Plaza Phases l, ll, and lll (aka Village Inn Plaza Condominium and Vail Plaza Condominiums), represented by Mauriello Planning Group Planner: Greg Roy I. SUMMARY The applicant, the Village Inn Plaza Condominium and Vail Plaza Condominiums , is proposing to amend Section 12-12-2 Definitions and a Zone District Boundary amendment pursuant to 12-3-7 Amendment, Vail Town Code to apply the proposed Vail Village Inn (VVI) zone district to the properties located at 68 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot O and 100 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot M and O. The proposed text amendment would revise the definitions of site coverage and landscaping. Based upon staff’s review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented, the Community Development Department recommends The Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council. II. DESCRIPTION OF REQUEST 280 Town of Vail Page 2 The applicant, the Village Inn Plaza Condominium and Vail Plaza Condominiums , is proposing to amend Section 12-12-2 Definitions and a Zone District Boundary amendment pursuant to 12-3-7 Amendment, Vail Town Code to apply the proposed Vail Village Inn (VVI) zone district to the properties located at 68 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot O and 100 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot M and O. The proposed text amendment would revise the definition of site coverage. The proposal to change the definition of landscaping was removed per the initial review of the application with the PEC at the June 9, 2025 PEC meeting. Subject properties highlighted The proposed zoning would replace the current Public Accommodation (PA) zoning. In the past, these sites developed through a combination of the existing PA zoning and Special Development District No. 6. As noted in the applicant’s narrative, Special Development District No. 6 was invalidated through a court order in 2022, rendering the properties developed under those standards as illegal non-conforming. The proposed new zone district seeks to address the issue of the non-conforming status by creating a zone district for these particular sites; Vail Village Inn phases 1, 2, and 3. The district aims to provide a unique zone district that works for the uses on the site and with similar standards to the adjacent Commercial Service Center (CSC) district and the Lionshead Mixed Use 1 (LMU- 1) district. 281 Town of Vail Page 3 The applicant’s proposal of a new zone district provides a straightforward development process for future applications, compared to the reestablishment of a special development district. With this proposal any additions or alterations would be processed through the Planning and Environmental Commission (PEC) or Design Review Board (DRB) process, compared to the lengthier minor or major amendment to a Special Development District (SDD). Creation of a new district requires that the standards be reviewed for conformance with the existing development on the site to ensure the existing building meets the proposed standards, and that the proposed standards allow for the appropriate development of the site in the future. As this process does not have the same flexibility of a SDD the application is being paired with one text amendments to definitions. This onetext amendments will affect how these individual standards are applied throughout town. The change to the “Site Coverage” definition is listed in the subsection below. This change would not count building area below grade towards site coverage for the VVI, HDMF, CH- 3, CC1, CC2, CC3, CSC, LMU-1, LMU-2, PA, PA-2, SBR, and SBR2 zone districts. The remaining districts in Town would see no change in the way that site coverage is calculated. Currently site coverage limits the percentage of a site that a building can occupy above and below grade. This has presented challenges for buildings in the Villages and other higher density areas as parking is usually proposed to be below grade. In some cases, variances for below grade site coverage have been applied for and granted to accommodate this type of development, as most recently done for the Evergreen development. As part of the consideration of this portion of the application, the PEC should determine if the proposed amendment is generally consistent with the intent of regulating site coverage. III. BACKGROUND The subject lots were developed under Special Development District No. 6, which was adopted by Ordinance No. 7, Series of 1976. In 1984 a Minor Subdivision application was approved to separate 68 and 100 E meadow, the subject sites of the application today. Since that date there have been nine major amendments to the SDD and roughly a dozen minor amendments. As a result of a 2018 court case in 2022 SDD No. 6 was invalidated and the underlying Public Accommodation (PA) zone district became the primary zoning for the site. This application was reviewed at the June 9, 2025 PEC meeting and continued at the end of the discussion to the current meeting. IV. ZONING ANALYSIS Address: 100/68 East Meadow Drive Legal Description: Lot O, Block 5D, Vail Village Filing No. 1 Existing Zoning: Public Accommodation (PA) District 282 Town of Vail Page 4 Proposed Zoning: Vail Village Inn (VVI) District Existing Land Use Designation: Village Master Plan Mapped Geological Hazards: None Standard Public Accommodation (PA) District Proposed Vail Village Inn (VII) District Setbacks Front – 20’ Side – 20’ Rear – 20’ * Front – 10’ Side – 10’ Rear – 10’ ** Maximum Height Flat or mansard roof – 45’ Sloping roof – 48’ Flat or mansard roof – 45’ or height of the existing structure Sloping roof – 48’ or height of the existing structure Density 25/acre of buildable area No limit GRFA 150SF of GRFA/100SF of buildable area No limit Site Coverage maximum 65% of site area Greater of existing or 60% of the site area Minimum Landscaping 30% of the site area 30% of the site area*** Parking Per 12-10-10(B) and 75% of required parking shall be located within the main building or buildings or hidden from view within a landscaped berm. Per 12-10-10(B) **** * At the discretion of the Planning and Environmental Commission and/or the Design Review Board, variations to the setback standards outlined above may be approved during the review of exterior alterations or modifications (§ 12-7A-12 of this article) subject to the applicant demonstrating compliance with the following criteria: (A) Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas; (B) Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations; (C) Proposed building setbacks will provide adequate availability of light, air and open space; (D) Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties; and (E) Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. ** or as exists onsite. At the discretion of the Planning and Environmental Commission and/or the Design Review Board, variations to the setback standards outlined above may be approved during the review of exterior alterations or modifications (§ 12-7K-6 of this article) subject to the applicant demonstrating compliance with the following criteria: (A) Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas; (B) Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations; 283 Town of Vail Page 5 (C) Proposed building setbacks will provide adequate availability of light, air and open space; (D) Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties; and (E) Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. ***( A) Proposed landscape area design is consistent with the guidance of the Vail Village Master Plan; (B) Proposed landscape area design complies with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations; and (C) Proposed landscape area design will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed landscape area. **** except that additional on-site parking generated by changes to commercial uses or expansions of floor area of existing commercial uses may pay into the Parking Fund established by §12-10-16(B) even though the VVI District is not located within the “parking pay-in-lieu” zone. No additional loading facilities are required within this zone district. There shall be no reduction of existing loading facilities. SURROUNDING LAND USES AND ZONING Existing Land Use Zoning District North: CDOT Right-of-Way NA East: Solaris Commercial Service Center/SDD No. 39 South: One Willow Bridge/Sonnenalp Public Accommodation West: Sebastian/VVI Phase V Public Accommodation V. PROPOSED TEXT AMENDMENT LANGUAGE Please see Attachment B. Applicant’s Narrative pages 8-14 for the proposed new zone district language. The proposed text amendments to Section 12-2-2 are below. Bold language is proposed additional wording. Strikethrough language is current language proposed to be removed. Existing Language: SITE COVERAGE. (1) The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calculating site coverage, “building area of a site” shall mean that portion of a site occupied by any building, carport, porte-cochere, arcade and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns. (2) For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet from the exterior face of the perimeter building walls or supporting columns. 284 Town of Vail Page 6 Proposed: SITE COVERAGE. (1) The ratio of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calculating site coverage, “building area of a site” shall mean that portion of a site occupied by any building, c arport, portecochere, arcade and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or supporting columns. In the VVI, HDMF, CH-3, CC1, CC2, CC3, CSC, LMU-1, LMU-2, PA, PA-2, SBR, and SBR2 below grade improvements are not calculated as site coverage. (2) For the purposes of this definition, a balcony or deck projecting from a higher elevation may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck o r walkway. In addition to the above, building area shall also include any portion of a roof overhang, eaves or covered stair, covered deck, covered porch, covered terrace or covered patio that extends more than four feet from the exterior face of the perim eter building walls or supporting columns. VI. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board (DRB) has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the app lication 285 Town of Vail Page 7 an evaluation of the application regarding the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VII. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off -street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Commercial Service Center (CSC) Zone District Lionshead Mixed Use 1 (LMU-1) Zone District Public Accommodation (PA) Zone District Vail Land Use Plan 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of destination skiers 3.3 Hotels are important to the continued success of the Town of Vail, therefor conversion 286 Town of Vail Page 8 to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. Vail Village Master Plan Mixed Use Sub-Area 1 The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub -area is characterized by a mixture of residential/lodging and commercial activity. There is a great deal of potential for improvements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is a lso a long term goal to strengthen the connection between this area and the Village core area by reinforcing the established pedestrian linkages. Pedestrianization in this area may; benefit from the development of retail infill with associated pedestrian i mprovements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final, phase of the Vail village Inn project. In addition, commercial and residential/lodging development potential is identified in sub -area concepts 3, 4, 6 and 8. The completion of these projects will essentially leave the sub -area "built out". Subsection # 1-1 Vail Village Inn Final phase of Vail Village Inn project to be completed as established by development plan for SDD #6. Commercial development at ground, level to frame interior plaza with greenspace. Mass of buildings shall "step up" from existing pedestrianscale along Meadow Drive to 4-5 stories along the Frontage Road. Design must be sensitive to maintaining view corridor from 4-way stop to Vail Mountain. Special emphasis on 1.2, 2.3, 2.4, 2.6, 3.2, 4.1, 5.1, 6.1. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 2.3: Increase the number of residential units available for short term overnight accommodations. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Objective 2.6: Encourage the development of employee housing units in Vail Village through the efforts of the private sector. 287 Town of Vail Page 9 Objective 3.2: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. Objective 4.1: Improve existing open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. Objective 5.1: Meet parking demands with public and private parking facilities . Objective 6.1: Provide service and delivery facilities for existing and new development. VIII. CRITERIA FOR REVIEW Text Amendment 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The applicable specific purposes of the zoning regulations are listed below: (1) To provide for adequate light, air, sanitation, drainage and public facilities; (4) To promote adequate and appropriately located off-street parking and loading facilities; (7) To prevent excessive population densities and overcrowding of the land with structures; (8) To safeguard and enhance the appearance of the town; (10) To assure adequate open space, recreation opportunities and other amenities and facilities conducive to desired living quarters; and (11) To otherwise provide for the growth of an orderly and viable community. The proposed amendment to the definition of site coverag e will accomplish the specific purposes noted above by allowing additional building area below grade where there will not be an impact to the light and air. The zone districts impacted by this change are the highest density districts, including the core areas, where below grade improvements are often utilized for off-street parking and loading. This is evidenced by historical variances for below grade site coverage that have been granted to sites within the village and nearby parcels to accommodate below-grade parking structures. Encouraging these types of improvements below grade will enhance the appearance of town by reducing impacts to light and air and ensuring that the above grade areas are kept for the occupiable portions of buildings, open space and landscaped areas. The text amendment to create the new VVI zone district is in conformance with the General Purpose of the zoning regulations: “General. These regulations are enacted for the purpose of promoting the health, safety, morals and general welfare of the town, and to promote the coordinated and harmonious 288 Town of Vail Page 10 development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality.” It will provide appropriate zone district standards for the existing development and allow for additional development opportunities to enhance the character of the area. The district will allow the buildings to continue to evolve into the future as is necessary provide for the growth of an orderly and viable community. Staff finds this criterion to be met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Applicable portions of the comprehensive plan are listed above in pages 8 and 9 of this staff report. This area is part of the Vail Village Master Plan and which calls out the goals that are most applicable to this site. The proposed amendment is necessary for the upgrading and redevelopment of the site as they are currently in a non -conforming state and are not permitted to make upgrades. The amendment seeks to recognize what is developed on the site and also allow for some expansion in the future. Part of the proposed amendment allows for additional parking to be done through the existing fee-in-lieu program, which speaks to the goal of meeting parking demands not only through private, but also public parking facilities. The parking in these proposed areas is largely built out and landlocked prohibiting additional at-grade or sub-grade parking from being feasible and therefore restricting development due to the inability to provide private parking. This also has the added benefit of reducing vehicular traffic within the village. Staff finds this criterion to be met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and As noted in the applicant’s narrative; the definition of site coverage originally did not include the portions of buildings that were below grade. The addition of the word “below” in the early 2000s was due to concerns of overdevelopment of some lots. The change in language that the time was addressing a concern that was realized around town and is still an appropriate change for the majority of town. This amendment proposes to revert the definition to its previous form for the areas of town where the highest densities are located and where below-grade parking is most likely to occur. This will serve to permit more parking below-grade and reduce potential at-grade parking or underutilization of lots as a result of difficulties accommodating parking minimums on the lot. 289 Town of Vail Page 11 With regard to the proposed new zone district portion of the text amendment, the area where the new zone district is applicable was developed under a Special Development District (SDD) in multiple phases. The underlying zone district, Public Accommodation, requires that Lodges have 70% of the GRFA dedicated to accommodation or fractional fee club units. The sites within the former SDD No. 6 have continued to develop and sell over time and the lodge portion of the SDD was separated from the residential and commercial portions of the SDD. With the dissolution of the SDD the individual sites do not meet the definition of Lodge, with the exception of VVI phase lV, The Sebastian, and do not comply with the underlying zoning. The application realizes the current conditions as an opportunity to create a new zone district that brings the sites into conformance with zoning. The continued use and development of the site is best served by the proposed zone district, in comparison with the creation of a new SDD, which is recognized as having a longer regulatory process for development applications. Staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendment for the new VVI zone district does not make wholesale changes to the areas where it is proposed to be applied. The current non-conforming buildings on the sites could no longer be developed or added to which is not a development objective of the town. The proposed amendment provides a path forward for development of the sites. The proposed zone district is a combination of regulations from zone districts around town and looks to emulate the development opportunities realized elsewhere. The proposed changes to the site coverage definition portion of the text amendment are also consistent with municipal development objectives. By tailoring the proposal to specific districts, the changes will only impact a portion of town. A consistent development objective of the town is to encourage parking to be below grade or within a structure to avoid the use of developable land on surface parking. The proposed amendment will further that goal by allowing additional building area below-grade where it will largely not impact the town from a visual perspective. Staff finds this criterion to be met. 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments Zone District Boundary Amendment 1. The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town. 290 Town of Vail Page 12 The current zoning on the site may have been applicable when the site was initially developed as a Lodge, which at the time had a lower percentage of GRFA required for the accommodation unit or fractional fee unit portion of the site. Since that time the site has continued to develop under the SDD and has become non -compliant with the recent dissolution of the SDD. With the current conditions the site is unable to develop under the primary zoning of Public Accommodation as the subject sites have no accommodation units or fractional fee units. The proposed zone district boundary amendment provides a path forward for the sites to develop in alignment with the specific goal of zoning regulations to “provide for the growth of an orderly and viable community”. The comprehensive plan also looks to increase the commercial development and residential units available for short term occupancy in the area. With the site unable to develop under the current zoning, the proposed zoning would bring the building into conformance with the zoning regulations to allow commercial development. It would also allow development of accommodation units that would be available for short term rental. Dwelling units would also be permitted, and while not specifically for short term rental, there is the possibility that through a short-term rental license these units could also further this goal. Staff finds this criterion to be met. 2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town's adopted planning documents. The proposed Vail Village Inn zone district was designed for the particular sites being considered for the zone district boundary amendment. The standards put in place are catered to the current development while allowing additional flexibility for development into the future. The proposed uses within the new district fit the current buildings better than the existing zone district’s uses. The proposed district allows for more commercial development, which is an express goal in multiple planning documents including the Vail Village Master Plan and the Land Use plan. Land Use plan goal 3.4 states: “3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs.” The proposed uses were selected to fit the current site as well as fit the character of the area. East Meadow drive has a variety of commercial uses on the ground floor with hotels and residences on the levels above, which would also be permitted under the proposed zoning. Staff finds the propose criterion to be met. 291 Town of Vail Page 13 3. The extent to which the zone district amendment presents a harmonious, convenient, w orkable relationship among land uses consistent with municipal development objectives. The proposed zone district was designed with the goal to preserve the harmonious relationship between the subject sites and the surrounding area while allowing for potential future growth that would further development objectives. The uses in the proposed zone district are more varied from the PA district’s permitted uses and allow for more commercial development along the East Meadow corridor. The proposed district permits for the addition of accommodation units and fractional fee units, but does not limit the development to the definition of Lodge, which allows for more flexibility in any future proposals. Staff finds this criterion to be met. 4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole. This zoning amendment does not result in the granting of privilege nor is it incompatible with the Vail Comprehensive Plan, two tests for the determination of spot zoning . The land use for this parcel is Vail Village Master Plan, which is also part of the comprehensive plan. As noted earlier in this staff report there are several specific goals from the Vail Village Master Plan that are applicable to this area. The goals aim to increase the employee housing in the area, add to the commercial square footage, keep live beds, decrease vehicular traffic, and provide adequate parking facilities through public and private parking. The proposed zone district would allow for the development of more commercial and residential square footage to further those goals. The standards for the district are also very similar to the existing Public Accommodation zone district with the change in uses and density being the largest variation. With those standards the development should continue to grow in a similar fashion to the properties to east, south and west of the proposed site. Staff finds this criterion to be met. 5. The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features. The site of the proposed zone district boundary amendment is within a fully developed area with little natural environment. The height, site coverage, and landscaping requirements are similar to what is currently required on the site and should not produce a development product that is detrimental to the items listed in this criteria. Future development on the 292 Town of Vail Page 14 parcel will be required to adhere to all applicable environmental standards during development review, construction, and operation. Staff finds this criterion to be met. 6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district. The purpose statement for the proposed zone district is noted below: “The Vail Village Inn District is intended to provide sites for general shopping and commercial facilities serving the town, together with multiple-family dwelling and lodge and accommodation uses as may be appropriate. The District is intended to ensure adequate light, air, open space and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient pedestrian environment for permitted commercial uses.” The site is appropriate for the proposed zone district, as noted in the purpose statement listed above. The site accommodates multi-family dwellings and commercial uses with the ability to add additional live beds through accommodation units. Staff finds this criterion to be met. 7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. As noted earlier in the report this site was originally developed under SDD No. 6, with an underlying zoning of Public Accommodation. The development was in compliance with the lodge definition as one of the phases of the SDD was a hotel that provided enou gh GRFA to allow multi-family residential dwellings in the other phases, as well as the commercial that is seen today. When the SDD was nullified, that overarching approval and zoning went away meaning that each individual development lot then had to meet zoning standards on their own development lot. The proposed sites for this zone district boundary amendment are non -conforming with the PA zoning as they do not have a lodge use and are comprised of multi-family and commercial uses. This necessitates that some zone district boundary amendment take place or the sites be redeveloped in accordance with the PA zoning. This zone district boundary amendment demonstrates how conditions have changed since their original development. Staff finds this criterion to be met. 8. Such other factors and criteria as the commission and/or council deem applicable to the proposed rezoning. 293 Town of Vail Page 15 IX. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section V lII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a Prescribed Regulation Amendment pursuant to 12-3-7 Amendment, Vail Town Code, to create a new Vail Village Inn (VVI) zone district and an amendment to Vail Town Code Section 12-2-2 Definitions to change the Site Coverage definition, a Zone District Boundary amendment pursuant to 12-3-7 Amendment, Vail Town Code to apply the proposed Vail Village Inn (VVI) zone district to the properties located at 68 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot O and 100 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot M and O (aka Village Inn Plaza Condominium and Vail Plaza Condominiums), and amendments to other sections of Title 12 that require references to the new zone district. Should the Planning and Environmental Commission choose to recommend approval of this request, the Community Development Department recommends the Commission pass the following motion “The Planning and Environmental Commission recommends approval to the Vail Town Council for a Prescribed Regulation Amendment pursuant to 12 -3-7 Amendment, Vail Town Code, to create a new Vail Village Inn (VVI) zone district and an amendment to Vail Town Code Section 12-2-2 Definitions to change the Site Coverage definition, a Zone District Boundary amendment pursuant to 12-3-7 Amendment, Vail Town Code to apply the proposed Vail Village Inn (VVI) zone district to the properties located at 68 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot O and 100 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot M and O (aka Village Inn Plaza Condominium and Vail Plaza Condominiums), and amendments to other sections of Title 12 that require references to the new zon e district.” Should the Planning and Environmental Commission choose to recommend approval, of this request, the Community Development Department recommends the Commission make the following findings: 1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the town; 2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 3. That the amendment promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 294 Town of Vail Page 16 4. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; 5. That the amendment furthers the general and specific purposes of the zoning regulations; and 6. That the amendment promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. X. ATTACHMENTS A. Vicinity Map B. Applicant’s Narrative C. Applicant’s Memo to PEC 6-11-25 295 VIP Talisman Sonnenalp Sebastian Gateway One Willow Bridge 9 Vail Road Vail Village Plaza Condos 1st Bank Village Inn Plaza (VIP) Vail Interfaith Chapel SDD 39 SDD 21 VA I L R D E MEADOW DR S F R O N T A G ERD E I 7 0 O N - R A MP ( 1 7 6 EASTBOUND) I 70 E a s t b o u n d VA I L R D I Subject Property 0 100 20050 Feet P E C 2 5 - 0 0 1 2P E C 2 5 - 0 0 1 2 Z o n e D i s t r i c t B o u n d a r y A m e n d m e n t P r o p o s a l V a i l V i l l a g e F i l i n g 1 , B l o c k 5 D , L o t s M & O 6 8 & 1 0 0 E a s t M e a d o w D r i v e Z o n e D i s t r i c t B o u n d a r y A m e n d m e n t P r o p o s a l V a i l V i l l a g e F i l i n g 1 , B l o c k 5 D , L o t s M & O 6 8 & 1 0 0 E a s t M e a d o w D r i v e VIP Talisman Sonnenalp Sebastian Gateway One Willow Bridge 9 Vail Road Vail Village Plaza Condos 1st Bank Village Inn Plaza (VIP) Vail Interfaith Chapel SDD 39 SDD 21 VA I L R D E MEADOW DR S F R O N T A G ERD E I 7 0 O N - R A MP ( 1 7 6 EASTBOUND) I 70 E a s t b o u n d VA I L R D This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) Last Modified: June 5, 2025 Public Accommodation (PA) Vail Village Inn Commercial Core 1 Commercial Core 2 (CC2) Commercial Service Center High Density Multiple-Family (HDMF) General Use (GU) Outdoor Recreation (OR) ProposedExisting 296 Vail Village Inn Phases 1, 2 and 3: Crea5on of New Zone District and Rezoning Submi&ed to the Town of Vail: March 31, 2025 Revised May 1, 2025 Revised June 11, 2025 297 Introduc8on In 2024, Colorado Appeals Court invalidated Special Development District #6 (SDD #6) based on a lawsuit filed by the Phase V Condominium Associa5on, rever5ng the en5rety of the property to the underlying zoning of Public Accommoda5on (PA). This leT the exis5ng property owners in a state of limbo, as the PA Zone District generally renders the property nonconforming with most development standards. It effec5vely put a stop to any development ac5vi5es un5l a solu5on could be reached. The PA Zone District is not an appropriate zone district for the property given its commercial and mul5ple-family character. The PA Zone District is only appropriate for hotel proper5es with limited commercial offerings. ATer discussing the zoning related issues with Town staff, it was agreed that the best approach resolving the zoning issues, was to create a new, unique zone district for the Village Inn area that takes its unique collec5on of uses and layout into considera5on and eliminate the need for an SDD. This applica5on creates this new zone district to be applied to the applicants’ proper5es, Phases 1-3. Page of 2 21 Phase 4 Sebas8an Phase 5 Phase 1-2 Phase 3 298 Background Special Development District #6 was established by the Town of Vail by Ordinance No. 7, Series of 1976. The underlying zoning was Public Accommoda5on (PA). The Vail Village Inn (VVI) project was originally envisioned as a pedestrian village offshoot from Vail Village. The project developed pedestrian ways and plazas laid out in a way that that did not following ridged zoning requirements found in suburban areas or more contemporary urban areas in the United States. VVI was laid out and developed on a more European village model where the focus is on urban design. VVI in some aspects was a more successful pedestrian model than Vail Village with the parking located below grade, but lacking perhaps the loca5onal value of Vail Village proper. SDD #6 includes 5 phases as shown on the graphic above and list here: Phases 1 and 2: Vail Village Plaza Condominiums Phase 3: Village Inn Plaza Condominiums Phase 4: The Sebas5an Hotel Phase 5: Phase V Condominium Associa5on PA and Defini8on of Lodge: When the SDD was established, PA was a more simplified zone district than the current PA zone district. “Lodges” were, and con5nue to be, one of the only permifed uses in the PA zone district. In 1976, the defini5on of a “Lodge” was: “Lodge” means a building or group of associated buildings designed for occupancy primarily as the temporary lodging place of individuals are families either in accommoda9on units or dwelling units, in which the gross residen9al floor area devoted to accommoda9on units exceeds the gross residen9al floor area devoted to dwelling units, and in which all such units are operated under a single management providing the occupants thereof customary hotel services and facili9es. With this defini5on, as long as there was more GRFA in accommoda5on units than in dwelling units, the property could qualify as a “lodge.” The current defini5on of “lodge” is more restric5ve, allowing: Page of 3 21 299 LODGE. (1) A building or group of associated buildings designed for occupancy primarily as the temporary lodging place of individuals or families either in accommoda9on units or dwelling units, in which the gross residen9al floor area devoted to accommoda9on units or frac9onal fee club units, is equal to or greater than 70% of the total gross residen9al floor area on the site, and in which all such units are operated under a single management providing the occupants thereof customary hotel services and facili9es. (2) Notwithstanding the above for proper9es containing gross residen9al floor area equal to or less than 80 square feet of gross residen9al floor area for each 100 square feet of buildable site area, such proper9es shall be defined as LODGES, provided that gross residen9al floor area devoted to accommoda9on units or frac9onal fee club units exceeds the gross residen9al floor area devoted to dwelling units. Generally, this means to qualify as a “lodge” today, 70% of the GRFA must be in the form of accommoda5on units or frac5onal fee club units. Even with the old defini5on of Lodge, the individual proper5es within Village Inn never met the PA requirements. PA List of Permi&ed Uses: The PA zone district’s list of permifed uses states the following: The following uses shall be permiQed in the PA District: (A) Automated teller machines (ATMs) exterior to a building; (B) Employee housing units, as further regulated by Chapter 13 of this 9tle; and (C) Lodges, including accessory ea9ng, drinking or retail establishments located within the principal use and not occupying more than 10% of the total gross residen9al floor area of the main structure or structures on the site; addi9onal accessory dining areas may be located on an outdoor deck, porch or terrace. With the Court invalida5ng the SDD, the PA zone district as stand-alone district has created challenges, with the property now nonconforming in many ways - most obviously with the limit on commercial uses as much of the VVI along East Meadow Drive consists of commercial uses. Without the SDD overlay, there is no clear way for any owner to do modifica5ons or improvements, leaving the en5re property in a state of limbo. However, it is also noted that dealing with the original SDD also had its challenges. Due to the scope of the SDD, along with numerous major and minor amendments over the last 5 decades, it has been a challenge to implement the SDD. The applicant and staff has determined that it would be more successful to create a new zone district for the Vail Village in, and to implement that zoning on each phase. This allows each phase to be treated independently from the other so that development standards are not impacted by ac5vi5es on another phase. The applicant is proposing a new zone district Vail Village Inn- 1. The proposal is modeled off of the Commercial Service Center zone district and Lionshead Mixed Use 1 zone district but specifically tailored to this mixed use property. Page of 4 21 300 Commercial Service Center is the zone district of two of the adjacent proper5es to the VVI: Solaris and the Gateway. Both are also SDDs to address some of the short-comings of the CSC zone district, most notably GRFA and height. It should be noted that the PEC and/or the DRB, in the review of any redevelopment project with this new zone district must s5ll find general consistency with the Town’s comprehensive planning documents including the Vail Village Master Plan. Page of 5 21 Gateway Building: SDD with underlying zoning of CSC Solaris: SDD with underlying zoning of CSC PA PA 301 Current Property Condi8ons Village Inn Plaza Phase 3 Standard Exis8ng Proposed VVI District Total Lot Area 46,806 sq. T.No Change Minimum Lot Area n/a 10,000 sq. T. Setbacks Varies from 0 T. to 10 T.0’ except 10’ on east side of Phase 3 property Height 75 T. (building 2) and 35 T. (building 2) approximately As exis5ng or 45 T. flat/48 T. sloping (same a PA zone District) Density - Dwellings 26 dwelling units or 24.3 units per acre No restric5on on number of dwelling units GRFA unknown Unlimited Site Coverage - Above Grade 42% of total site area or 19,753 sq. T. Greater of exis5ng or 60% above grade (requires defini5on change) Site Coverage - Below Grade Unknown 100% below grade Landscaping - soTscape 29% or 13,760 sq. T.n/a Landscaping - hardscape 22% or 10,716 sq. T.n/a Landscape - Total Qualifying 35.4% or 16,568.36 sq. T. Note: Only 2,808.36 sq. T of hardscape counts as landscape area 30% (same as PA) aka 14,041.8 sq. T. or less at discre5on of PEC/DRB Complies at 30% Parking as exists Per code however, added to parking pay in lieu Loading as exists No reduc5on in loading facili5es Page of 6 21 302 Village Plaza Phase 1-2 Standard Exis8ng Proposed VVI District Total Lot Area 28,290 sq. T.No Change Minimum Lot Area n/a 10,000 sq. T. Setbacks Varies from 0 T. to 43 T. Exis5ng buildings are located off property 0’ except 10’ on east side of Phase 3 property Height Varies 31 T. to 35 T.As exis5ng or 45 T. flat/48 T. sloping (same a PA zone District) Density - Dwellings 5 dwelling units or 7.7 units per acre No restric5on on number of dwelling units GRFA unknown Unlimited Site Coverage - Above Grade 48% of total site area or 13,702 sq. T. Greater of exis5ng or 60% above grade (requires defini5on change) Site Coverage - Below Grade Unknown 100% below grade Landscaping - soTscape 4.9% or 1,401 sq. T.n/a Landscaping - hardscape 51% or 13,187 sq. T.n/a Landscape - Total Qualifying 10.95% aka 3,098.40 sq. T. Note: Only 1,697.4 sq. T of hardscape counts as landscape area 30% (same as PA) aka 8,487 sq. T. or less at discre5on of PEC/DRB Complies with ac5on of DRB to lower requirement Parking as exists Per code however, added to parking pay in lieu Loading as exists No reduc5on in loading facili5es Page of 7 21 303 New Zone District Below is the proposed zone district language. This zone district reflects more closely the uses and layout of the successful VVI development as it exists today. Most notably this zone district addresses the mostly zero setback condi5ons that exist today and the types of uses exis5ng today. It should be noted that the PEC and/or the DRB, in the review of any redevelopment project with this new zone district must s5ll find general consistency with the Town’s comprehensive planning documents including the Vail Village Master Plan. Proposed Zone District: Ar8cle 7K: Vail Village Inn (VVI) District 12-7K-1 Purpose: The Vail Village Inn District is intended to provide sites for general shopping and commercial facili5es serving the town, together with mul5ple-family dwelling and lodge and accommoda5on uses as may be appropriate. The District is intended to ensure adequate light, air, open space and other ameni5es appropriate to permifed types of buildings and uses, and to maintain a convenient pedestrian environment for permifed commercial uses. 12-7K-2 PERMITTED AND CONDITIONAL USES; BASEMENT OR GARDEN LEVEL. (A) Permifed uses. The following uses shall be permifed in basement or garden levels within a structure: (1) Accommoda5on units; (2) Afached accommoda5on units; (3) Banks and financial ins5tu5ons; (4) Commercial ski storage/ski club; (5) Conference facili5es and mee5ng rooms; (6) Ea5ng and drinking establishments; (7) Employee housing units, as further regulated by Chapter 13 of this 5tle; (8) Frac5onal fee clubs, 5meshare, and frac5onal units; (9) Liquor stores; (10) Mul5ple-family residen5al dwelling units, lodge dwelling units; (11) Personal services and repair shops; (12) Private clubs; (13) Professional offices, business offices and studios; (14) Recrea5on facili5es; (15) Religious ins5tu5ons; (16) Retail establishments; (17) Spa facili5es; Page of 8 21 304 (18) Addi5onal uses determined to be similar to permifed uses in accordance with the provisions of § 12-3-4 of this ar5cle. 12-7K-3 PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL. (A) Permifed uses. The following uses shall be permifed on the first floor or street level within a structure: (1) Banks and financial ins5tu5ons; (2) Conference facili5es and mee5ng rooms; (3) Ea5ng and drinking establishments; (4) Liquor stores; (5) Mul5ple-family residen5al dwelling units, lodge dwelling units that currently exist and which may be expanded in floor area except in areas of the site that front upon a retail pedestrian corridor as determined by the Administrator; (6) Personal services and repair shops; (7) Recrea5on facili5es; (8) Religious ins5tu5ons; (9) Retail establishments; (10) Addi5onal uses determined to be similar to permifed uses in accordance with the provisions of § 12-3-4 of this ar5cle. (B) Condi5onal uses. The following uses shall be permifed on the first floor or street level floor within a structure, subject to issuance of a condi5onal use permit in accordance with the provisions of Chapter 16 of this 5tle: (1) Accommoda5on units; (2) Afached accommoda5on units; (3) Employee housing units, as further regulated by Chapter 13 of this 5tle; (4) Mul5ple-family residen5al dwelling units, lodge dwelling units which are newly established; (5) Frac5onal fee clubs, 5meshare, and frac5onal units; (6) Private clubs; (7) Professional offices, business offices and studios; (8) Addi5onal uses determined to be similar to permifed uses in accordance with the provisions of § 12-3-4 of this ar5cle. 12-7K-4 PERMITTED AND CONDITIONAL USES; SECOND FLOOR AND ABOVE. (A) Permifed uses. The following uses shall be permifed on those floors above the first floor within a structure: (1) Accommoda5on units; (2) Afached accommoda5on units; (3) Employee housing units, as further regulated by Chapter 13 of this 5tle; Page of 9 21 305 (4) Mul5ple-family residen5al dwelling units, lodge dwelling units; (5) Frac5onal fee clubs, 5meshare, and frac5onal units; (6) Addi5onal uses determined to be similar to permifed uses in accordance with the provisions of § 12-3-4 of this ar5cle. (B) Condi5onal uses. The following uses shall be permifed on second floors and higher above grade, subject to the issuance of a condi5onal use permit in accordance with the provisions of Chapter 16 of this 5tle: (1) Banks and financial ins5tu5ons; (2) Conference facili5es and mee5ng rooms; (3) Ea5ng and drinking establishments; (4) Liquor stores; (5) Personal services and repair shops; (6) Private clubs; (7) Professional offices, business offices and studios; (8) Recrea5on facili5es; (9) Religious ins5tu5ons; (10) Retail establishments; (11) Spa facili5es; (12) Addi5onal uses determined to be similar to permifed uses in accordance with the provisions of § 12-3-4 of this ar5cle. 12-7K-5 CONDITIONAL USES; GENERALLY (ON ALL LEVELS OF A BUILDING OR OUTSIDE OF A BUILDING) The following condi5onal uses shall be permifed, subject to issuance of a condi5onal use permit in accordance with the provisions of Chapter 16 of this 5tle: (A) Child daycare centers; (B) Communica5ons antennas and appurtenant equipment; (C) Public or Private parking structures; (E) Public buildings, grounds and facili5es; (F) Public park and recrea5on facili5es; (G) Public u5lity and public service uses; (H) Addi5onal uses determined to be similar to permifed uses in accordance with the provisions of § 12-3-4 of this ar5cle. Page of 10 21 306 12-7K-5 ACCESSORY USES. The following accessory uses shall be permifed in the VVI District: (A) Home occupa5ons, subject to issuance of a home occupa5on permit in accordance with the provisions of § 12-14-12 of this 5tle; (B) Swimming pools, tennis courts, pa5os, or other recrea5on facili5es customarily incidental to permifed or condi5onal residen5al or lodge uses; and (C) Other uses customarily incidental and accessory to permifed or condi5onal uses, and necessary for the opera5on thereof. 12-7K-6 EXTERIOR ALTERATIONS OR MODIFICATIONS. (A) Review required. (1) Generally. The construc5on of a new building or the altera5on of an exis5ng building that is not a major exterior altera5on as described in subsec5on (B) of this sec5on shall be reviewed by the Design Review Board in accordance with Chapter 11 of this 5tle. (2) Submifal items required. The submifal items required for a project that is not a major exterior altera5on shall be provided in accordance with § 12-11-4 of this 5tle. (B) Major exterior altera5on. The construc5on of a new building or the altera5on of an exis5ng building which adds addi5onal dwelling units, accommoda5on units, frac5onal fee club units, 5meshare units, any project which adds more than 1,000 square feet of commercial floor area or common space, or any project which has substan5al off site impacts (as determined by the Administrator) shall be reviewed by the Planning and Environmental Commission as a major exterior altera5on in accordance with this chapter and § 12-3-6 of this 5tle. Any project which requires a condi5onal use permit shall also obtain approval of the Planning and Environmental Commission in accordance with Chapter 16 of this 5tle. Complete applica5ons for major exterior altera5ons shall be submifed in accordance with administra5ve schedules developed by the Department of Community Development for Planning and Environmental Commission and Design Review Board review. (1) Submifal items required, major exterior altera5on. The following submifal items are required. (a) Applica5on. An applica5on shall be made by the owner of the building or the building owner’s authorized agent or representa5ve on a form provided by the Administrator. Any applica5on for condominiumized buildings shall be authorized by the condominium associa5on in conformity with all per5nent requirements of the condominium associa5on’s declara5ons. (b) Applica5on; contents. The Administrator shall establish the submifal requirements for an exterior altera5on or modifica5on applica5on. A complete list of the submifal requirements shall be maintained by the Administrator and filed in the Department of Community Development. Certain submifal requirements may be waived and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the applicant that the informa5on and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail Comprehensive Plan. The Page of 11 21 307 Administrator and/or the reviewing body may require the submission of addi5onal plans, drawings, specifica5ons, samples and other materials if deemed necessary to properly evaluate the proposal. (C) Work sessions/conceptual review. If requested by either the applicant or the Administrator, submifals may proceed to a work session with the Planning and Environmental Commission, a conceptual review with the Design Review Board, or a work session with the Town Council. (D) Hearing. The public hearing before the Planning and Environmental Commission shall be held in accordance with § 12-3-6 of this 5tle. The Planning and Environmental Commission may approve the applica5on as submifed, approve the applica5on with condi5ons or modifica5ons, or deny the applica5on. The decision of the Planning and Environmental Commission may be appealed to the Town Council in accordance with § 12-3-3 of this 5tle. (E) Lapse of approval. Approval of an exterior altera5on as prescribed by this ar5cle shall lapse and become void one years following the date of approval by the Design Review Board unless, prior to the expira5on, a building permit is issued and construc5on is commenced and diligently pursued to comple5on. Failure to receive Design Review approval within two years from Planning and Environmental Commission approvals shall void its approval. Administra5ve extensions shall be allowed for reasonable and unexpected delays as long as code provisions affec5ng the proposal have not changed. 12-7K-7 COMPLIANCE BURDEN. It shall be the burden of the applicant to prove by a preponderance of the evidence before the Planning and Environmental Commission and the Design Review Board that the proposed exterior altera5on or new development is in compliance with the purposes of the this district, that the proposal is consistent with applicable elements of the Vail Village Master Plan and that the proposal does not otherwise have a significant nega5ve effect on the character of the neighborhood, and that the proposal substan5ally complies with other applicable elements of the Vail Comprehensive Plan. 12-7K-8 LOT AREA. The minimum lot or site area shall be 10,000 square feet of site area. 12-7K-9 SETBACKS. In the VVI District, the minimum front, side, and rear setbacks shall be ten (10) feet or as exists onsite. At the discre5on of the Planning and Environmental Commission and/or the Design Review Board, varia5ons to the setback standards outlined above may be approved during the review of exterior altera5ons or modifica5ons (§ 12-7K-6 of this ar5cle) subject to the applicant demonstra5ng compliance with the following criteria: (A) Proposed building setbacks provide necessary separa5on between buildings and riparian areas, geologically sensi5ve areas and other environmentally sensi5ve areas; (B) Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considera5ons; Page of 12 21 308 (C) Proposed building setbacks will provide adequate availability of light, air and open space; (D) Proposed building setbacks will provide a compa5ble rela5onship with buildings and uses on adjacent proper5es; and (E) Proposed building setbacks will result in crea5ve design solu5ons or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 12-7K-10 HEIGHT. For a flat roof or mansard roof, the height of buildings shall not exceed 45 feet or the height of exis5ng structures, whichever is greater. For a sloping roof, the height of buildings shall not exceed 48 feet or the height of exis5ng structures, whichever is greater. 12-7K-11 DENSITY (DWELLING UNITS PER ACRE). No limita5on on the number of dwelling units per acre. 12-7K-12 GROSS RESIDENTIAL FLOOR AREA (GRFA). An unlimited amount of gross residen5al floor area (GRFA) shall be permifed on each site. 12-7K-13 SITE COVERAGE. Site coverage shall not exceed the greater of what currently exists onsite or 60% of the total site area. [see necessary revision to defini8on of site coverage proposed - PA allows 65%] 12-7K-14 LANDSCAPING AND SITE DEVELOPMENT. At least 30% of the total site area shall be landscaped. At the discre5on of the Planning and Environmental Commission and/or the Design Review Board, varia5ons to landscape area, including the percentage of core development allowed may be approved during the review of exterior altera5ons or modifica5ons (§ 12-7K-6 of this ar5cle) subject to the applicant demonstra5ng compliance with the following criteria: (A) Proposed landscape area design is consistent with the guidance of the Vail Village Master Plan; (B) Proposed landscape area design complies with applicable elements of the Vail Village Urban Design Guide Plan and Design Considera5ons; and (C) Proposed landscape area design will result in crea5ve design solu5ons or other public benefits that could not otherwise be achieved by conformance with prescribed landscape area. 12-7K-15 PARKING AND LOADING. Page of 13 21 309 Off-street parking shall be provided in accordance with Chapter 10 of this 5tle except that addi5onal on-site parking generated by changes to commercial uses or expansions of floor area of exis5ng commercial uses may pay into the Parking Fund established by §12-10-16(B) even though the VVI District is not located within the “parking pay-in-lieu” zone. No addi5onal loading facili5es are required within this zone district. There shall be no reduc5on of exis5ng loading facili5es. 12-7K-16 LOCATION OF BUSINESS ACTIVITY. (A) Limita5ons; excep5on. All permifed and condi5onal uses shall be operated and conducted en5rely within a building except for permifed parking and loading areas and such ac5vi5es as may be specifically authorized to be unenclosed by a condi5onal use permit and the outdoor display of goods. For purposes of this sec5on, CONDUCTED ENTIRELY WITHIN A BUILDING means that all ac5vi5es related to the permifed use, including contac5ng poten5al customers and clients, must occur completely inside of a building, and not in an open doorway of the building. (B) Outdoor displays. The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and en5rely upon the establishment’s own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. Page of 14 21 310 Site Coverage Defini8on Amendment In the mid-2000s the Town amended the defini5on of site coverage to address a concern on residen5al proper5es that building sites were being excavated “coast to coast” or property line to property line. Prior to this mid-2000s amendment, site coverage only applied to building footprints located above grade. The language that exists today is: SITE COVERAGE. (1) The ra9o of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calcula9ng site coverage, “building area of a site” shall mean that por9on of a site occupied by any building, carport, porte-cochere, arcade and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or suppor9ng columns. (2) For the purposes of this defini9on, a balcony or deck projec9ng from a higher eleva9on may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addi9on to the above, building area shall also include any por9on of a roof overhang, eaves or covered stair, covered deck, covered porch, covered terrace or covered pa9o that extends more than four feet from the exterior face of the perimeter building walls or suppor9ng columns. The language that existed prior to mid-2000s, the language excluded the word “below” as bold above. The proposed amendment, when considering residen5al projects, seemed like a very posi5ve change, though it does not appear to have had any real posi5ve environmental impact as homesites are generally fully excavated today for new homes. The major consequence of the change is that it rendered most commercial sites with underground parking nonconforming and reduced the ability of residen5al sites to have below grade improvements outside of the building footprint (like parking liTs and other uses). In fact, since that change was made every major mixed use or commercial project has had to apply for a variance from the defini5on of site coverage. Because the Vail Village Inn proper5es contain underground parking facili5es that go outside of the building footprints this change to site coverage is important. This amendment allows there to be two different defini5ons of site coverage to allow and encourage below grade improvements in the commercial and mixed use zone districts. Please note that simply removing the word below from the current defini5on would also allow all improvements below grade to be excluded whether commercial or residen5al. Page of 15 21 311 Proposed language: SITE COVERAGE. (1) The ra9o of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calcula9ng site coverage, “building area of a site” shall mean that por9on of a site occupied by any building, carport, porte- cochere, arcade and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or suppor9ng columns. In the VVI, HDMF, CH-3, CC1, CC2, CC3, CSC, LMU-1, LMU-2, PA, PA-2, SBR, and SBR2 below grade improvements are not calculated as site coverage. (2) For the purposes of this defini9on, a balcony or deck projec9ng from a higher eleva9on may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addi9on to the above, building area shall also include any por9on of a roof overhang, eaves or covered stair, covered deck, covered porch, covered terrace or covered pa9o that extends more than four feet from the exterior face of the perimeter building walls or suppor9ng columns. Page of 16 21 312 Criteria for Review for Text Amendment Sec5on 12-3-7 Amendment provides the Criteria for review a prescribed regula5ons amendment. The criteria area addressed below: (2) Prescribed regula9ons amendment. (a) Factors, enumerated. Before ac9ng on an applica9on for an amendment to the regula9ons prescribed in this 9tle, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested text amendment: 1.The extent to which the text amendment furthers the general and specific purposes of the zoning regula8ons; Applicant Response: Sec5on 12-1-2: Purpose provides the general and specific purposes of the Town’s Zoning Code. The purposes are: (A)General: These regula9ons are enacted for the purpose of promo9ng the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residen9al community of high quality. (B)Specific. These regula9ons are intended to achieve the following more specific purposes: (1)To provide for adequate light, air, sanita9on, drainage and public facili9es; (2)To secure safety from fire, panic, flood, avalanche, accumula9on of snow and other dangerous condi9ons; (3) To promote safe and efficient pedestrian and vehicular traffic circula9on and to lessen conges9on in the streets; (4)To promote adequate and appropriately located off-street parking and loading facili9es; (5)To conserve and maintain established community quali9es and economic values; (6)To encourage a harmonious, convenient, workable rela9onship among land uses, consistent with municipal development objec9ves; (7)To prevent excessive popula9on densi9es and overcrowding of the land with structures; (8)To safeguard and enhance the appearance of the town; (9)To conserve and protect wildlife, streams, woods, hillsides and other desirable natural features; (10)To assure adequate open space, recrea9on opportuni9es and other ameni9es and facili9es conducive to desired living quarters; and (11)To otherwise provide for the growth of an orderly and viable community. Page of 17 21 313 The proposed text amendments are intended to relief from unnecessary limita5ons that will allow coordinated and harmonious development within the Town and prevent the need for variances generated as a consequence of the current regula5ons. This new zone district allows the Village Inn proper5es to con5nue to be a vital mixed use area of the Town and allows for more efficient upgrades and renova5ons over 5me. 2. The extent to which the text amendment would be&er implement and be&er achieve the applicable elements of the adopted goals, objec8ves and policies outlined in the Vail Comprehensive Plan and is compa8ble with the development objec8ves of the town; Applicant Response: The Town’s adopted Comprehensive Plan and other related documents promote the accommoda5on of parking and other improvements below grade where they do not contribute to bulk and mass and do not otherwise interfere with the design of a pedestrian oriented community. The changes to the VVI provision for landscaping recognizes the character of Vail as a pedestrian oriented community where hardscape improvements are as important and other landscape improvements. This new zone district allows the Village Inn proper5es to con5nue to be a vital mixed use area of the Town and allows for more efficient upgrades and renova5ons over 5me. The following goals, policies, and direc5on from the Town Comprehensive Planning documents support the proposal: Policy 1.1.1: Development and improvement projects approved in the Village shall be consistent with the goals, objec5ves, policies and design considera5ons as outlined in the Vail Village Master Plan and Urban Design Guide Plan. [Vail Village Master Plan] Objec5ve 1.2: Encourage the upgrading and redevelopment of residen5al and commercial facili5es. [Vail Village Master Plan] Policy 1.4.2: The Town may grant flexibility in the interpreta5on and implementa5on of its regula5ons and design guidelines to help protect and maintain the exis5ng character of Vail Village. [Vail Village Master Plan] Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, ligh5ng and sea5ng areas), along adjacent pedestrian ways. [Vail Village Master Plan] Objec5ve 4.1: Improve exis5ng open space areas and create new plazas with greenspace and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. [Vail Village Master Plan] Policy 4.1.2: The development of new public plazas, and improvements to exis5ng plazas (public art, landmarks, historic features, streetscape features, sea5ng areas, etc.) shall be strongly encouraged to reinforce their roles as afrac5ve people places. [Vail Village Master Plan] Vail Village Sub-Areas statements pasted below: Page of 18 21 314 3. The extent to which the text amendment demonstrates how condi8ons have substan8ally changed since the adop8on of the subject regula8on and how the exis8ng regula8on is no longer appropriate or is inapplicable; Applicant Response: The proposed text changes help to address decades old issues that have been leT unresolved. The new zone district is necessary to address uses and Page of 19 21 315 development that have never been consistent with the exis5ng zoning on the property. With the SDD located on the property being invalidated by the Courts it was necessary to move forward with changes to the Town Code to address zoning on this property and within the Town Code. 4.The extent to which the text amendment provides a harmonious, convenient, workable rela8onship among land use regula8ons consistent with municipal development objec8ves; Applicant Response: The proposed changes to the Code will promote a harmonious, convenient and workable rela5onship among other land use regula5ons. 5. Such other factors and criteria the Planning and Environmental Commission and/or Council deem applicable to the proposed text amendment. Criteria for Review for Zoning Boundary Amendment Sec5on 12-3-7 Amendment provides the Criteria for review a zoning boundary amendment. The criteria area addressed below: (C) Criteria and findings. (1) Zone district boundary amendment. (a) Factors, enumerated. Before ac9ng on an applica9on for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment: 1.The extent to which the zone district amendment is consistent with all the applicable elements of the adopted goals, objec8ves and policies outlined in the Vail Comprehensive Plan and is compa8ble with the development objec8ves of the town; Applicant Response: The proposed rezoning is consistent with the goals of the Town and the Vail Comprehensive Plan. The zone district applied to this property reflects and current poten5al future uses of the property. See responses to text amendment criteria above. 2.The extent to which the zone district amendment is suitable with the exis8ng and poten8al land uses on the site and exis8ng and poten8al surrounding land uses as set out in the town’s adopted planning documents; Applicant Response: The proposed rezoning is suitable with exis5ng and poten5al land uses onsite and on surrounding lands. The zoning reflects the current and poten5al future uses of the property. Page of 20 21 316 3.The extent to which the zone district amendment presents a harmonious, convenient, workable rela8onship among land uses consistent with municipal development objec8ves; Applicant Response: The proposed rezoning is suitable with exis5ng and poten5al land uses onsite and on surrounding lands. The zoning reflects the current and poten5al future uses of the property and is consistent with municipal development objec5ves. 4.The extent to which the zone district amendment provides for the growth of an orderly viable community and does not cons8tute spot zoning as the amendment serves the best interests of the community as a whole; Applicant Response: The proposed rezoning and new zone district are proposed to address several proper5es within the commercial core of Vail. The proposed zone district is consistent with the Town’s development goals and comprehensive planning, reflects the current uses on the property, allows for the development of an orderly viable community, and does not cons5tute spot zoning. 5.The extent to which the zone district amendment results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegeta8on, riparian corridors, hillsides and other desirable natural features; Applicant Response: The proposed rezoning has lifle impact on these issues based on the loca5on within the Town of Vail. 6.The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district; Applicant Response: This is a circular statement as the proposed zone district is consistent with its own purpose statement. 7.The extent to which the zone district amendment demonstrates how condi8ons have changed since the zoning designa8on of the subject property was adopted and is no longer appropriate; Applicant Response: The current uses are no longer consistent with the PA zone district as the PA district was modified over 5me in such a way as to make the uses nonconforming. The proposed zone district corrects these use conformity issues and is the appropriate zone district for the property. 8.Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning. Page of 21 21 317 MEMORANDUM To: Planning and Environmental Commission From: Mauriello Planning Group Subject: Vail Village Inn Zoning and Related Amendments Date: June 11, 2025 This memo is intended to provide answers to quesOons and comments we heard from the PEC at the June 9, 2025 hearing related to the new VVI zone district. The memo also provides a summary of changes we made to the proposals. Building Height: I failed to menOon at the hearing that the exisOng zoning on the property, PA, allows for a building height of 45’/48’. So what is proposed reflects that current allowance on the property. As was menOoned, this property is also governed by the Vail Village Master Plan. This plan includes guidance related to building stories on this property and throughout Vail Village. This document suggests 2-3 stories along East Meadow Drive. This guidance gives the PEC the ability to require buildings step down towards Meadow Drive if deemed necessary in the review of a development applicaOon. The proposal carries forward the PA building height with the recogniOon that greater building heights have been allowed within the site based on a prior SDD approval. 318 Site Coverage: The direcOon we heard on the amendment to site coverage was to leave the exisOng definiOon intact but to specify those zone districts where below grade improvements would not be calculated as site coverage. Below is our revised proposal: SITE COVERAGE. (1) The ra4o of the total building area of a site to the total area of a site, expressed as a percentage. For the purposes of calcula4ng site coverage, “building area of a site” shall mean that por4on of a site occupied by any building, carport, porte- cochere, arcade and covered or roofed walkway constructed at, below, or above grade as measured from the exterior face of the sheathing of the perimeter walls or suppor4ng columns. In the HDMF, CH-3, CC1, CC2, CC3, CSC, LMU-1, LMU-2, PA, PA-2, SBR, and SBR2 below grade improvements are not calculated as site coverage. (2) For the purposes of this defini4on, a balcony or deck projec4ng from a higher eleva4on may extend over a lower balcony, deck or walkway, and in such case the higher balcony or deck shall not be deemed a roof or covering for the lower balcony, deck or walkway. In addi4on to the above, building area shall also include any por4on of a roof overhang, eaves or covered stair, covered deck, covered porch, covered terrace or covered pa4o that extends more than four feet from the exterior face of the perimeter building walls or suppor4ng columns. This proposed amendment allows densely development properOes with underground parking and similar improvements to be developed without the need for a site coverage variance. Landscape area: There was lots of discussion around the issue of “hardscape” (aka core development) versus “sodscape” (planted areas). There seemed to be some hesitaOon around the degree to which hardscape percentage was being increased in the urban core areas. We are proposing the following changes to address the concerns raised in recogniOon of the highly urbanized and pedestrian character of VVI property. Zone District Change: Similar to the setbacks provision, the landscape provision as been modified to allow some discreOon by the PEC or DRB on the amount of qualifying landscape area provided. AddiOonally, we have changed the percentage of landscape area back to 30% to be consistent with the exisOng PA zone district. 12-7K-14 LANDSCAPING AND SITE DEVELOPMENT. At least 30% of the total site area shall be landscaped. At the discreOon of the Planning and Environmental Commission and/or the Design Review Board, variaOons to landscape area, including the percentage of core development allowed may be approved during the review of exterior alteraOons or modificaOons (§ 12-7K-6 of this arOcle) subject to the applicant demonstraOng compliance with the following criteria: (A) Proposed landscape area design is consistent with the guidance of the Vail Village Master Plan; (B) Proposed landscape area design complies with applicable elements of the Vail Village Urban Design Guide Plan and Design ConsideraOons; and 319 (C) Proposed landscape area design will result in creaOve design soluOons or other public benefits that could not otherwise be achieved by conformance with prescribed landscape area. Landscaping DefiniOon Change: We are no longer proposing to amend the definiOon of landscaping. Density and GRFA: There was some concerned about allowing residenOal floor area and density to be unlimited and thus not having a control on bulk and mass. Density have limle to do with bulk and mass. A 500 sq. d. studio unit counts the same for density as a 2,500 sq. d. 3 bedroom condo. The true impact is more about vitality and perhaps traffic. VVI being a core area of the Town should mean we want to encourage more density. GRFA has some impact on bulk and mass but ulOmately bulk and mass is controlled by site coverage, building height, setbacks, design guidelines, and master planning documents like the Vail Village Master Plan. The Town also does not regulate commercial floor area in any zone district. That is already in the unlimited category. We are sOll proposing that both standards be unlimited and believe that is the correct direcOon, but if the PEC disagrees and prefers to have a limitaOon, we would suggest the following: Density: Phase 3 was originally developed with 33 residenOal units or 35 dwelling units per acre. Today there are 26 units or 24.3 units per acre. Phases 1-2 currently have 5 residenOal units or 7.7 units per acre. To allow for flexibility, the PEC might consider allowing 30 units per acre and an include the language in the PA zone district that states: “For the purposes of calculaOng density, employee housing units, accommodaOon units and fracOonal fee club units shall not be counted towards density.” At the very least, the density limit should be 25 units per acre which does not afford the opportunity to add or split a dwelling unit. GRFA: If this zone district gets applied to Phase 4 (SebasOan Hotel) in the future, a GRFA limit of 165 sq. d. per 100 sq. d. (165%) of site area would be required. The current PA limitaOon is 150%. We would recommend that if the PEC desires to have a GRFA limitaOon that it be set at 165%. This percentage also works for all other phases of the property. The tracking of GRFA on this mulO-family property will conOnue to be a issue that requires significant staff Ome and applicant expense. Hotel Room Conversion: There was a concern expressed that should this VVI zone district get applied to the SebasOan Hotel that it would allow the hotel rooms (aka accommodaOon units) to be converted to condominiums. However, SecOon 13-7-7 of the subdivision regulaOons prohibits the conversion of an exisOng accommodaOon unit to a condominium so this should not be a concern. 320 Planning and Environmental Commission Minutes Monday, June 23, 2025 1:00 PM Vail Town Council Chambers Present: Robyn Smith Craig H Lintner Jr John Rediker Brad Hagedorn David N Tucker William A Jensen 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. Worksession 3.1 A request for a work session to present conceptual plans for the proposed development of the Lionshead Circle Residences, subject to the approval of a new development plan, pursuant to Article 7H, Section 12-7H-7, Vail Town Code, located at 500 and 534 East Lionshead Circlet/ Vail Lionshead Filing No. 1, A resubdivision of a Part of Lots 1,2, 3 and Tract E, Block 1,. Presenter: Ruther Associates LLC, represented by George Ruther Planner: Greg Roy Work session Staff Memo.pdf Lionshead Circle Residences Narrative.pdf Lionshead Circle Residence - PEC Worksession Materials.pdf Planner Roy gives a short presentation, he talks about the purpose of a work session. The applicant is represented by George Ruther, Charlie Starr, and Jamison McBride with OZ Architecture. Ruther talks about the vicinity map. He walks through the background of the property. Starr goes over zoning compliance within the LMU-1 district. Starr and McBride walk through various aspects of the site plan. Rediker and Oz discuss access for trash services and deliveries. OZ discusses the proposed landscaping and plant material. They walk through the architectural floor plans. Discussion of architectural massing per the guidelines in LRMP. Planning and Environmental Commission Meeting Minutes of June 23, 2025 1 321 Rediker asks if there are ways to improve the pedestrian experience to people accessing the Lionshead garage. Ruther says the LRMP highlights maintaining pedestrian connectivity, they will continue to look at ways to achieve that and work with Public Works. Hagedorn asks about the height calculations in the LRMP, including the stepback criteria of 60’. He has some concerns about the east elevation in regards to the architecture criteria. OZ discusses the proposed materials at the base, middle, and top of the structure. Ruther talks about how the project will meet employee housing requirements, will speak to the criteria that allow employee housing to be offsite. The ownership wants to comply with all regulations and request no variance. They will request minor subdivision application for single development site, major exterior alteration, conditional use permit for surplus parking. Jensen, interesting project, you guys will continue to look at the sheer unbroken walls. Look forward to parking discussion. Rediker, what is approximately the length of the building? Starr, about 210 feet. Rediker, are there any public amenities? Ruther, the amenities are for homeowners. Rediker, what about short-term rentals? Ruther, there is an opportunity for rental programs to be determined. Rediker, what are we looking at for roof pitches? McBride, 6:12 for the most part, with some flat roofs. The majority of the mechanical is in the parking garage, some on the roof as well but it is completely screened. Rediker asks about landscaping on the north of the building. Ruther, the requirements for the Town have regulated itself out of landscaping on many properties. The landscape architects have come up with alternate species which will do well in this location. Smith asks about the Vantage Point garage. Roy says the records show 1972. Smith asks why so many parking spots are proposed? Ruther, we have one place were obligated to replace and we are restoring that. Others are subject to private agreements. There is an amendment to the LRMP in 2019 regarding this area. Lipnick says there 55 spaces required, you’re building 159? Ruther, out of owner preference they want to sell two spaces per dwelling unit. Also want spaces for guest parking. Plus additional spaces for private agreements or other uses. Lipnick asks about the height numbers, applicants run through maximum and average height. Smith, we have 50% mandatory onsite employee housing requirement, but Timber Ridge program made that section unenforceable? It is the intent of the Council to allow those credits to satisfy on-site requirements. Ruther, the off-site housing is to be determined, how that will be met. There is a provision that allows 100% to be off-site if you’re able to demonstrate compliance with the exception criteria. Part of that is the more recently adopted policy. Roy, it doesn’t overrule that code section, Timber Ridge is a way to meet one of those exceptions. Rediker asks for public comment. Timothy Cook, president of Vantage Point HOA. We have an easement across this parking lot right now. Planning and Environmental Commission Meeting Minutes of June 23, 2025 2 322 This plan eliminates this. It’s important that Lionshead Circle walk gets cleaned up. Losing access through the site creates challenges. It’s very congested where the buses come and skier drop-off. There was no mention of foundations, this area is very tricky – there were a lot of problems with the last iteration. Jimmie Lee, president of Lifthouse. We’ve had a lot of previous discussions, hope that we don’t forget the conversations from before. The stairwell is a location where they wanted the transformer and chiller to be located for the building, not in front of the Lifthouse lobby. The Lifthouse has the right for 30 of the spaces under the garage, want to make sure all the spaces are correctly accounted for from the previous private agreements. Public comment closed. Commissioner comment opened. Smith, not PEC responsibility to assess applications for private agreements. Do you have ADA access? McBride, in the public way, yes. Confirms the whole walkway around it will be heated. Hagedorn, a spot for Alpine pizza would be wonderful. If you are looking to accommodate pedestrian traffic from Vantage Point, would want to see that. Make sure snowmelt is future-proofed for geothermal. This site is overdue for redevelopment. Concerns are compliance with 8-14 through 8-19 of the LRMP, looks forward to seeing more with the next application. As well as a detailed look at the housing mitigation plan. Tucker, interested to see more information on mass and height. Generally, interesting to see what will happen on this site, would like more information on the Housing plan. Rediker, interested in what Vantage Point had to say in regard to easement. We need to make sure we have good pedestrian access that’s safe around the site. Make sure all mechanical equipment is inside or screened. Ruther talks about the anticipated schedule moving forward. Jensen has to leave meeting. 4. Main Agenda 4.1 A request for a review of a Prescribed Regulation Amendment pursuant to 12-3-7 Amendment, Vail Town Code, to create a new Vail Village Inn (VVI) zone district and an amendment to Vail Town Code Section 12-2-2 Definitions to change the Site Coverage and Landscaping definitions, a Zone District Boundary amendment pursuant to 12-3-7 Amendment, Vail Town Code to apply the proposed Vail Village Inn (VVI) zone district to the properties located at 68 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot O and 100 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot M and O (aka Village Inn Plaza Condominium and Vail Plaza Condominiums), and amendments to other sections of Title 12 that require references to the new zone district. PEC25-0012 Planner: Greg Roy Applicant Name: Village Inn Plaza Phases l, ll, and lll (aka Village Inn Plaza Condominium and Vail Plaza Condominiums), represented by Mauriello Planning Group PEC25-0012 Staff Memo.pdf Attachment A. Vicinity Map.pdf Attachment B. Applicant's Narrative.pdf Attachment C. Applicant's Memo to PEC 6-11-25.pdf Planning and Environmental Commission Meeting Minutes of June 23, 2025 3 323 Timestamp: 01:53 Planner Roy gives a presentation. The text amendment to landscaping has been removed from the application. He walks through the zoning standards form the existing zoning (PA) and the proposed (VVI) District. Rediker, understands the difficulty in this situation of assessing the existing GRFA. Does staff see danger in not having limits on GRFA, are we going to see excessive density and GRFA because we have not provided any limits? Roy, site coverage, height, setbacks would be the controlling factors. Vail Village Master plan also talks about bulk and mass as well as urban design guide. There are several other things in the comprehensive plan that help to limit this. Smith, are any of these properties maxed on GRFA? Roy, there were several ordinances that showed increases and they may have been close when looking at the whole SDD, however the record keeping is pretty poor over time. Smith, limiting GRFA helps hold the line in limiting the enclosure of decks. Roy, generally we see the 250 ordinance being used for those types of projects. Smith, we changed the process for alterations to process as they come in. Roy that was for the CC1 zone district that did not apply here. Smith, do we have strong enough safeguards to allow for unlimited GRFA? Roy, LMU-1 allows 250/100 sf of GRFA/buildable area, which is very high. Design considerations allowed for a development of appropriate size in Lionshead. Hagedorn, master plan limits massing and dictates massing without having to lean on GRFA. Roy talks about the districts where the site coverage change for below grade would be applied. Smith asks about excavation into floodplain. Roy, you can go below the base flood elevation outside the floodplain. You can’t go into the floodplain below the base flood elevation. Smith, there are old SDDs that are also HDMF. If base zoning changes, affording additional site coverage is it still an SDD amendment? Roy, it depends on the SDD. If they define site coverage in their SDD, they would have to change that definition in order to take advantage. The applicant is represented by Allison Kent with Mauriello Planning Group. Kent gives a presentation. Smith and Kent discuss the Vail Townhouse District exclusion from the change. Allowing PEC and DRB to allow for variation to landscaping if meeting three criteria. Kent presents on density considerations. It has been a challenge in these larger SDDs to track GRFA. GRFA calculation methods have also been amended many times. Rediker, is the applicant proposing that it would be acceptable to specify density and GRFA limits? Planning and Environmental Commission Meeting Minutes of June 23, 2025 4 324 Kent, they strongly recommend unlimited, but those numbers would be acceptable. Smith and Kent discuss section which prevents conversion of hotel rooms to condominiums. Smith, we should know what these occupancy rates are, shouldn’t be a mystery about live beds. Kent, we used to fight for all dwelling units to be short-term rentals, live bed ins LRMP requires that you have front desk and services in Lionshead. Smith wonders if we should be protecting that use any more, difficult to improve or redevelop. Roy confirms AAUs count towards GRFA. Hagedorn, question about public comment. Roy reiterates what Town’s legal council has told them about the status of SDD No. 6. Smith, asks about pay in lieu parking for commercial conversions? Kent, doesn’t think the intent was changing parking for small commercial additions. Smith, unlimited GRFA and density would also be controlled by parking. Roy says the PEC received public comment right before the meeting. Rediker, there is the option for density of 30 units/acre and 165/100 sf of GRFA / buildable area. Roy confirms that is acceptable to staff. Smith, why should we have a limit? Rediker is uncomfortable with unlimited – there are always scenarios that are unanticipated with regard to development. Hagedorn, density feels like a contrived number given the different units count etc. When the public talks about it, they are talking about the size of the building not necessarily unit counts. More comfortable with GRFA limit and not a density limit. Rediker asks for public comment. Frederick Aldrich, attorney for VIP plaza since early 2000s. Currently representing Phase V association. He was Phase V attorney during litigation in 2014, familiar with the issue involving SDD No. 6. Client is concerned that there is significant misinformation in the application. Look at the court of appeals documents that were submitted to you. Entered in 2021, the opinion details the history of the decision. Goes through the history of the litigation. The claims were not initiated by the association. The opinion of the district court did not invalidate the entire SDD No. 6 zone ordinance. The arguments were centered on a sub-paragraph about occupancy restrictions, cannot enact ordinances that discriminate against condominium ownership. Nobody in phases 1-4 was part of that litigation, there is no reference to those in the court orders. Today he sent a copy of the court of appeals opinion to the PEC, bottom line is those of us in Phase V are not trying to derail this application, but we do want to make it clear that there never has been an invalidation of SDD No. 6. Don’t want to leave the PEC idea that we’re not paying attention to this, we’re not here to oppose or support the application of 1,2,&3. We’re hear to be sure that everyone understands the truth about SDD No. 6. Thanks for your time and attention. No further comment. Public comment closed. Rediker, hasn’t read the opinion, but as a lawyer that concerns him on one level. Rediker, are we supposed to proceed on staff and Town’s legal decision that the SDD has been invalidated? Planning and Environmental Commission Meeting Minutes of June 23, 2025 5 325 Roy says that is the clear opinion here. Smith, are you comfortable not having a density limitation but addressing the parking? Tucker, as mentioned, there are other constraints from the additional zoning standards. Likes the idea of not having it unlimited because of future circumstances. Hagedorn, fine with limiting GRFA but not limiting density, doesn’t like it as a concept how it’s limited in certain districts. Smith, GRFA also comes down to tracking. Roy, the onus is also on applicants to provide that information if they come in with proposals impacting the numbers. Smith supports not limiting GRFA and density, but respects fellow commissioners opinions. Lipnick, favors limiting GRFA and parking, not density. Lintner, interesting discussion, more in favor or limiting parking and GRFA than a density limit. Smith, what does staff think of limiting GRFA and parking? Roy, understands the PEC regard for that, possibly pay in lieu applicable for residential expansions but not commercial ones. Kent, use county numbers as a starting point for moving forward to establish a baseline. Smith, this area benefits from zoning that fits it. You shouldn’t need a land use attorney to understand your zoning requirements. Likes that it affords flexibility for creative design solutions. Height and setbacks controlled by design, hopefully simplify what is a nightmare of a public process. Hagedorn appreciates the changes that have been made. Going more conservative on the height helps as well. Rediker generally agrees. Agrees with staff’s analysis for the text amendment and agrees as well on the analysis for the boundary amendment. Prefers GRFA set at 165/100 sf of buildable site area. Robert N Lipnick made a motion to Recommend for approval with the findings on pg. 15 -16, and the change to limit GRFA to 165 square feet of GRFA for every 100 square feet of buildable site area.; Robyn Smith seconded the motion Passed (6 - 0). 4.2 A request for recommendation to the Vail Town Council, pursuant to Section 3-2-6A, Function, Vail Town Code, to amend Section 5.17 and pertinent subsections of the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. (PEC25-0014) Applicant: Town of Vail, East West Partners, and Vail Resorts Planner: Heather Knight PEC25-0014 Staff Memo 6-23-25.pdf Attachment A. Section 5.17 Compare.pdf Attachment B. Section 5.17 Proposed-Clean.pdf Planning and Environmental Commission Meeting Minutes of June 23, 2025 6 326 Attachment C. Subsection Compare.pdf Attachment D. Subsection Proposed-Clean.pdf Timestamp 03:12 Planner Knight introduces the applicants. The applicants are represented by Matt Gennett for the TOV, Kevin Murphy and Jim Telling from East West and Melissa Sherburne from Vail Resorts. Gennett introduces the project. Murphy gives an overview of the concept plan. Smith ask about a pedestrian path, Telling talks about a proposed path on the west of the site. Town Engineer Tom Kassmel discuss future transit planning in conjunction with this plan. Smith and Kassmel discuss possible locations of bus stops in the project area. Rediker, we’re taking out employee parking for Vail Resorts, where are they going to start parking? Sherburne, we’ve looked at relocation of uses, we’re in the midst of that planning process. Likely a combination of offsite properties combined with on mountain locations for maintenance purposes. It’s a top priority to make sure every spot is accounted for. Some parking in the concept plan for critical employees. Rediker, how many employees are parking in that lot? Sherburne can’t pinpoint a number but the relocation analysis accounts for that. Gennett goes through summary of the proposed text amendments. Rediker, we’re proposing to take out a lot of language that talks about stepping back as you get to Gore Creek. Why wouldn’t we also talk about sensitive areas around Gore Creek, concepts like stepping back? Gennett agrees, there are bulk and mass parameters in LMU-2 that speak to the same values and principles. Rediker, I’m looking at changes to a master plan not only in context of the current plan but what happens if it falls through. Wants the wording and master pan document to survive this development not occurring and something else occurring down the road. Gennett, we’re cognizant of that. Smith, the language about relationship to the creek – the 2018 open lands plan does not identify any part of this area for acquisition? Gennett believes that is correct. We still want to have conservation principles as part of this Hagedorn, does the open lands plan address mitigating construction and development impact? Gennett, generally, but there is more stringent regulations in the development review process. Smith, are there plans for the bridge? Telling, when road moves that current bridge will have to be adjusted, it also needs repairs. Smith asks about stream setbacks. Kassmel, there would be an exemption for bridges. Applicants bring up redline version. Rediker, is there a need for safety measures along the relocated frontage road? Planning and Environmental Commission Meeting Minutes of June 23, 2025 7 327 Kassmel, with the proximity to the interstate, the sidewalk is on the south side, it will be similar to other recent sections of frontage road. Smith, is this an extension of Lionshead and it removes a lot of the specificity that Evervail had? Gennett, it has sufficient level of specificity but making it less prescriptive and more like a master plan. Some of the figures also had to be updated and refined from 14 years ago. Telling, the parking and housing requirements change depending on what is proposed on the site. You’ll see more details eventually but we’re trying to keep the concept open at this point. Gennett, at a minimum, it will meet the standards of LMU-2. There aren’t specific development plans that have been drawn up at this point. The goal is to meet the housing requirements on site. Murphy talks about a potential phased approach. Discussion of redline version going through Section 5. Lipnick, where is new lift proposed? Gennett references master development plan for Vail Mountain. Rediker asks about the removal of preservation of existing office space? Telling, office space is not as popular as it once was, doesn’t know how leasable that is. As it is conceptual, haven’t given a lot of thought to specificity of what those uses are. Rediker says there used to be more various office uses in Town. 5-17-9, why was this removed? Gennett, predicated on 2010 analysis, dated language. Smith asks about access to the creek. Telling, they would explore if there was some way to get access to the creek from an ADA perspective. We want people to enjoy the creeks, but we also heard in public outreach be careful how close you get to it. Rediker this section is pretty good. 5 -17-7, not just recreation and views but this is an opportunity to restore and enhance an area of Red Sandstone Creek that is essentially blighted. The plan should highlight that. Telling, they don’t disagree. Smith, spell out what guidance we’re trying to take away from the 2018 Open Lands plan. Hagedorn ok with changes to 5-17-8. This is covered by inclusionary zoning and commercial linkage. Rediker, the language about buildings stepping down towards Gore Creek was important. Not necessarily comfortable with what has been removed here. Hagedorn, the intent is to use the LRMP to govern massing, etc.. Gennett confirms. Rediker asks about the removal of the setbacks section. What was the thinking here? Gennett, were looking at setbacks from property line, when that gets subdivided into one parcel you’re looking at setbacks from the outside. Rediker, do we need to reference the necessity for adequate setbacks between buildings, putting aside this concept plan for any future development on this parcel. Gennett, there is also language in Title 14 about adequate setbacks, the intent was to remove redundant language. Planning and Environmental Commission Meeting Minutes of June 23, 2025 8 328 Rediker wants to make sure there are protections against overdevelopment and adequate setbacks in the code or master plan. Smith, there are some areas in Lionshead where a 0’ setback is beneficial. Rediker, zoning only states the setbacks around the perimeter, wants to make sure the interior separation is also addressed. Rediker, you’re removing reference to sun-shade analysis, that was a great concept. Looking at it as if this current development doesn’t happen. Rediker, why was green building language removed? Gennett, it is a dated term, it was redundant with existing language. The new language speaks to the environmentally responsive goals. Hagedorn, some of that is also redundant with the new codes. Gennett, this was originally aspirational, now it is required in codes. Rediker asks if a concept master plan is coming down the road? Telling, this is our conceptual master plan, but a lot of the details will be refined further moving forward. Rediker suggest removing “master” and just calling it a concept plan. Telling agrees. Smith asks about process. Telling, we will be refining the plan as we go which will come back to you in different applications. Gennett walks through associated applications. Smith likes the specificity of other areas of the LRMP. Gennett, it will have appropriate specificity for the master plan level, but there will be more detail at future applications. Lintner, hears what is being said but it does feel like there could be mid-point of a little more detail here. Telling, we’re trying to get to the point where the document can inform details moving forward. Hagedorn, ok with this specificity, this is an entire village. Don’t expect you to have that level of detail at the time of master planning. Sherburne, the sub-sections follow a similar tone. There was a lot of redundancy with other policy documents and a lot of it was outdated. We took a similar approach to what you have seen so far. Rediker asks about language on view corridors that was removed. Would like to know why this was removed. Gennett, we can get more information on that. Sherburne, the language was specific to Evervail design, this design has not progressed to the point to know what is appropriate. Rediker, the concept was to protect some view corridors with Evervail, so it is worth looking at what is needed here. Hagedorn agrees. Rediker asks about 5.20, viable and ideal. Rediker, you guys did a really good job of cleaning things up. Smith would like some more certainty about the transportation and pedestrian connections. Brad Hagedorn made a motion to Continue to the meeting on July 14, 2025; Robyn Smith seconded the Planning and Environmental Commission Meeting Minutes of June 23, 2025 9 329 motion Passed (6 - 0). 5. Approval of Minutes 5.1 PEC Results 6-9-25 PEC Results 6-9-25.pdf Robert N Lipnick made a motion to Approve ; Robyn Smith seconded the motion Passed (6 - 0). 6. Information Update 6.1 Fire Free Five Discussion Timestamp 04:52 Mark Novak and Paul Cada from the Fire Department give a presentation. Novak says we will assume the PEC understands the importance of this issue, and the challenges our community is facing. Cada talks about the Fire Free Five requirements. We’re talking about utilizing those requirements for existing landscaping in the community. The Town has gone through an extensive process of installing FFF landscaping at Town Buildings. Lots of good examples in the community for people to look at. Smith, village fire station? Cada addressing existing trees is the biggest questions. Novak talks about vegetation and the review process. The Gore Valley is more heavily stocked with trees than it used to be. Having come from a community that changed its regulations, people pretty quickly adjust to the changes. We’ve been thoughtful about providing options for the aesthetic but there will be changes that are necessary for prevention. Hagedorn asks about fire danger in the core areas. Novak, increasingly we’re seeing significant losses in commercial buildings and multi-family areas. Rediker and Cada discuss best limbing practices. Smith talks about the most appropriate setbacks with regard to the new landscaping requirements. Hagedorn, who handles enforcement? Cada says that will be the Fire Department and talks about the process. Smith asks about property line issues and costs of compliance. Cada says it is a factor, the cost of compliance is usually less than $5,000 for single family homes. There are funding sources available and other programs to help. Tucker and Cada discuss waterwise landscaping in conjunction with fire resistant landscaping. Hagedorn and Novak discuss insurance considerations. Smith asks about other communities doing mandatory compliance? Cada says one of the first in Colorado, it is happening in California. We’re following best science and need to be a leader here. Roy, thinking about ideas to shorten meetings, including time estimates for specific items. We will have more conversations about this. Planning and Environmental Commission Meeting Minutes of June 23, 2025 10 330 Rediker, we’re constrained by deadlines and when items need to be heard. 7. Adjournment David N Tucker made a motion to Adjourn ; John Rediker seconded the motion Passed (6 - 0). Planning and Environmental Commission Meeting Minutes of June 23, 2025 11 331 From:Ronald Bruckmann To:PublicInputTownCouncil; Dave Chapin; Pete Seibert; Jonathan Staufer; Travis Coggin; Barry Davis; Sam Biszantz; Reid Phillips Cc:Matt Gennett; Heather L. Knight; Greg Roy; Steve Stafford; Karen Parra; Alex Cudney; kgrattan@thesebastianvail.com; Matt Mire; klc@hpwclaw.com Subject:Comment on VVI Zone Application Date:Thursday, July 31, 2025 7:35:26 AM Attachments:7.31.25 Ltr to ToV Council (Comment on Application to Create VVI Zone District).pdf Dear Town Council Members: Attached please find my comment on the pending application to create a new VVI Zone District and the false premise that the SDD6 was invalidated in its entirety. Thank you for your time and attention to this matter. Sincerely, Ronald Bruckmann 332 Page 1 of 3 Meadow Drive Ventures, Inc. July 31, 2025 Via Electronic Mail Vail Town Council Email: publicinput.vailtowncouncil@vail.gov; dchapin@vail.gov; pseibert@vail.gov; jstaufer@vail.gov; tcoggin@vail.gov; bdavis@vail.gov; sbiszantz@vail.gov; rphillips@vail.gov Re: Application to Create VVI Zone District for Phases I-III and the False Premise that the SDD6 was Invalidated in its Entirety Proposed Ordinance 15 and 16, 2025 Dear Town Council Members: The VVI zoning application is before you on the false premise that the Colorado Court of Appeals invalidated the entire ordinance creating the SDD6 zone. In fact, the Colorado Court of Appeals confirmed just the opposite in paragraph 18 of its decision:i In the face of this unmistakable directive, there is no rational basis to conclude that the Colorado Court of Appeals invalidated the entire ordinance creating the SDD6. How can an order that expressly “does not affect the remainder of the ordinance” possibly invalidate the entire ordinance? It simply cannot. There is no way. The application’s statement that all of SDD6 was invalidated by the Court of Appeals is even more incredulous because the case only addressed and invalidated one sentence and subparagraph in a 1987 ordinance that amended a 1985 ordinance that itself amended the 1976 ordinance establishing the SDD6.ii Even if the 1987 ordinance had been invalidated in its entirety, it would not have invalidated the ordinance creating SDD6 but only an ordinance amending SDD6. Indeed, the 1987 ordinance itself states in Section 12 that “[i]f any part is held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.” How can anyone interpret this differently? According to the applicant and the Community Development Department, SDD6 was invalidated because the Town’s attorney told them so. 333 Page 2 of 3 Sadly, that is not surprising. Similarly absurd reasoning led the former chief justice of the Colorado Court of Appeals to declare that she was “baffled” by the Town attorney’s oral argument in the Town’s appeal.iii The application materials also incorrectly state that the underlying lawsuit was filed by Phase V. In fact, as the Court of Appeals decision lays out, the lawsuit was initiated by Staufer Commercial, LLC. In the lawsuit, both Staufer Commercial and the Town of Vail sought to enforce the discriminatory occupancy restriction in Section 11(6) of the 1987 ordinance against Phase V.iv But Section 11(6) was held invalid under the CCIOA’s anti-discrimination clause. None of this should be news to the Town Council. Phase V sent correspondence to the Town’s attorney requesting that this information be shared with the Town Council members in June of 2022 when the Town’s attorney threatened to have the Town pass an ordinance imposing new restrictions on Phase V unless Phase V waived its entitlement to prevailing party attorneys’ fees under the CCIOA after the Town lost its appeal. I am writing as an officer of Meadow Drive Ventures, Inc. (“MDV”). Although MDV is a member of both Phase V and the co-applicant Phase III, Phase III did not notify MDV before moving forward with the application. And, despite representations to Town Council on first reading that the VVI Zone is proposed with Phases IV and V’s ultimate inclusion in mind, Phase V was not asked to participate in the application. Phase V’s attorney even attended the PEC hearing on this application to explain that SDD6 was not invalidated in its entirety, but that message seems to have been disregarded and was also not relayed to you at first reading. It is such a shame. Yet again, substantial time and money is being wasted. The proposed new zoning cannot be approved if it depends upon the false premise that the SDD6 no longer exists. And, according to the Community Development Department, a zoning change with the SDD6 still in place requires a different process. If there is new zoning for SDD6, it should not occur piecemeal but include Phases IV and V. At a minimum, the Town’s approval of new zoning that is premised upon the invalidation of the entire SDD6 should be conditioned upon receiving an independent legal opinion that the Colorado Court of Appeals did not hold what it held when it confirmed that the remainder of the ordinance was not affected. Sincerely, Ronald D. P. Bruckmann As President of Meadow Drive Ventures, Inc. 334 Page 3 of 3 cc: Community Development Department via email to mgennett@vail.gov, hknight@vail.gov, and groy@vail.gov SDD6 Phases I-III, c/o Slifer Management Company, Inc. via email to sstafford@slifermgmt.com and karen@slifermgmt.com SDD6 Phase IV, c/o Mountain Valley Property Management via email to alex@mvpmvail.com SDD6 Phase V, c/o Kate Grattan, General Manager of the Sebastian at kgrattan@thesebastianvail.com Town Attorneys Matt Mire and Kendra Carberry via email to jmm@hpwclaw.com and klc@hpwclaw.com i A copy of the Colorado Court of Appeals decision is available at: https://research.coloradojudicial.gov/en/vid/901097291. ii Specifically, the following section 11(6) was invalidated as discriminatory: iii https://www.coloradojudicial.gov/court-appeals/live?topic=77&wrapped=true, Case No. 20CA1179, video recording at 7:40. iv This represented a change in the Town’s previous position that the restriction would never be enforced because—as we were told by previous Town counsel—it was not enforceable. Only after Phase V successfully enforced its Declaration’s midnight closing provision in a lawsuit filed against Phase V by Staufer Commercial’s tenant La Bottega did Staufer Commercial follow through on its threat to have the occupancy restriction enforced in response and sent a letter to the Director of Community Development asking the Town to investigate whether the discriminatory section of the ordinance was being violated by residential owners. First, the Town’s attorneys sent a series of letters to Phase V owners threatening enforcement. Then, the Town proceeded to amend Code § 13-8-7 (the renumbered 17.26.075) containing the restrictions to deprive owners of their pre-existing right to recover prevailing party fees and costs arising from any enforcement action. Despite then Council member Dale Bugby voicing serious objections about the unfairness of such an amendment, the modification was approved and the Town ultimately brought an enforcement action against Phase V. At no point in presenting Ordinance No. 16, Series of 2013 did the Town’s attorney disclose that the Town had recently sent out letters threatening to enforce the restrictions. At no point did the Town’s attorney disclose his ongoing receipt of correspondence from Phase V owners disputing the validity of the restrictions. Instead, Mr. Mire stated that he just happened to come across this Code provision while working on an unrelated matter and decided that it needed cleaning up: “We kind of caught this inadvertently by going through another section of the Code...”: The following video recording is shared for the Council’s edification: https://www.dropbox.com/scl/fi/1spukdie0t3w2lc6287x0/13-11-05-Code-Amendment-11.5.13- 11.19.13.wmv?rlkey=jrqqcgnsqi02a8jhjr27s5cow&st=bwfpqfwt&dl=0 335 AGENDA ITEM NO. 7.3 Item Cover Page DATE:August 5, 2025 TIME:5 min. SUBMITTED BY:Greg Roy, Community Development ITEM TYPE:Action Items AGENDA SECTION:Public Hearings (7:15pm) SUBJECT:Ordinance No. 16, Series of 2025, Second Reading, An Ordinance Rezoning 68 East Meadow Drive, Vail Village Filing 1, Block 5D, Lot O and 100 East Meadow Drive, Vail Village Filing 1, Block 5D Lot M and O, to Vail Village Inn (VVI) (7:50pm) SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance 16, Series of 2025 upon second reading. PRESENTER(S):Greg Roy, Planning Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Ord #16 of 2025 Staff Memo.pdf Attachment A. Ordinance No. 16, Series of 2025.pdf 336 TO: Town Council FROM: Community Development Department DATE: August 5, 2025 SUBJECT: Second reading of Ordinance No. 16, Series of 2025, an ordinance rezoning 68 East Meadow Drive, Vail Village Filing 1, Block 5d, Lot O and 100 East Meadow Drive, Vail Village Filing 1, Block 5D Lot M and O to Vail Village Inn (VVI). Applicant: Village Inn Plaza Phases l, ll, and lll Homeowners Association(aka Village Inn Plaza Condominium and Vail Plaza Condominiums), represented by Mauriello Planning Group Planner: Greg Roy I. SUMMARY The applicant, the Village Inn Plaza Condominium and Vail Plaza Condominiums, is proposing a Zone District Boundary amendment pursuant to 12-3-7 Amendment, Vail Town Code to apply the proposed Vail Village Inn (VVI) zone district to the properties located at 68 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot O and 100 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot M and O. On June 23, 2025, the Planning and Environmental Commission (PEC) voted 6-0 to recommend approval of the proposed amendments (PEC25-0012). At the July 15th Town Council meeting the Town Council approved Ordinance No. 16, Series of 2025 upon first reading. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 16, Series of 2025 on second reading. III. DESCRIPTION OF REQUEST The application is for a Zone District Boundary amendment pursuant to 12-3-7 Amendment, Vail Town Code, to apply the new Vail Village Inn (VVI) zone district to Phases l, ll, and ll of Vail Village Inn. 337 Town of Vail Page 2 A. Ordinance No. 16, Series of 2025 IV. BACKGROUND The subject lots were developed under Special Development District No. 6, which was adopted by Ordinance No. 7, Series of 1976. In 1984 a Minor Subdivision application was approved to separate 68 and 100 E meadow, the subject sites of the application today . Since that date there have been nine major amendments to the SDD and roughly a dozen minor amendments. As a result of a court case in 2024 SDD No. 6 was invalidated and the underlying Public Accommodation (PA) zone district became the primary zoning for the site. In the past, these sites developed through a combination of the existing PA zoning and Special Development District No. 6. As noted in the applicant’s narrative, Special Development District No. 6 was invalidated through a court order in 2022, rendering th e properties developed under those standards as illegal non -conforming. The proposed new zone district seeks to address the issue of the non-conforming status by creating a zone district for these particular sites; Vail Village Inn phases 1, 2, and 3. The district aims to provide a unique zone district that works for the uses on the site and with similar standards to the adjacent Commercial Service Center (CSC) district and the Lionshead Mixed Use 1 (LMU-1) district. The applicant’s proposal of a new zone district provides a straightforward development process for future applications, compared to the reestablishment of a special development district. With this proposal any additions or alterations would be processed th rough the Planning and Environmental Commission (PEC) or Design Review Board (DRB) process, compared to the lengthier minor or major amendment to a Special Development District (SDD). Creation of a new district requires that the standards be reviewed for conformance with the existing development on the site to ensure the existing building meets the proposed standards, and that the proposed standards allow for the appropriate development of the site in the future. V. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 16, Series of 2025, on second reading, staff recommends the Council pass the following motion: “The Vail Town Council approves, on second reading, Ordinance No. 16, Series of 2025, an ordinance rezoning 68 East Meadow Drive, Vail Village Filing 1, Block 5d, Lot O and 100 East Meadow Drive, Vail Village Filing 1, Block 5D Lot M and O to Vail Village Inn (VVI).” 338 Town of Vail Page 3 Should the Vail Town Council choose to approve Ordinance No. 16 Series of 2025, staff recommends the Council make the following findings: “The Vail Town Council finds:” 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” Vl. ATTACHMENTS A. Ordinance No. 16, Series of 2025 339 1 ORDINANCE NO. 16 SERIES OF 2025 AN ORDINANCE REZONING 68 EAST MEADOW DRIVE, VAIL VILLAGE FILING 1, BLOCK 5D, LOT O AND 100 EAST MEADOW DRIVE, VAIL VILLAGE FILING 1, BLOCK 5D LOT M AND O, TO VAIL VILLAGE INN (VVI) WHEREAS, Village Inn Plaza Phases l, ll, and lll Homeowners association(aka Village Inn Plaza Condominium and Vail Plaza Condominiums) (the "Applicant") on behalf of the property owners more particularly described as 68 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot O and 100 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot M and O, Vail, Colorado, and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on March 31, 2025, the Applicant filed an application to rezone the Property to Vail Village Inn (VVI) (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for rezoning; WHEREAS, on June 23, 2025, 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 July 15, 2025, the Town Council held a properly-noticed public hearing on the Application. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council, upon reviewing the recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant and the public, and giving due consideration to the matter, finds and determines as follows: a. The rezoning is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; b. The rezoning is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and c. The rezoning promotes the health, safety, morals, and general welfare of the Town and promote 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. 340 2 Section 2. Based on the foregoing findings, the Town Council hereby approves the Application and rezones the Property to Vail Village Inn (VVI). Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of July, 2025, and a public hearing for second reading of this Ordinance set for the 5th day of August, 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 5th day of August, 2025. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk 341 3 EXHIBIT A 342