HomeMy WebLinkAbout2025-10-21 Agenda and Supporting Documentation Town Council Evening Meeting1.Call to Order (6:00pm)
2.Proclamation (6:00pm)
2.1 Proclamation No. 8, Series of 2025, October 20, 2025 as
High Five Media Day
10 min.
Read proclamation into the record.
Presenter(s): JK Perry, High Five Media, and Jonathon
Czarnzy, High Five Media
Background: Celebrating High Five Access Media's 40th
anniversary.
3.Public Participation (6:10pm)
3.1 Public Participation
4.Any action as a result of Executive Session
5.Consent Agenda (6:20pm)
5.1 Resolution No. 46, Series of 2025, A Resolution in Support
of the Town of Vail Ballot Issue 2A to Fund Town of Vail
Housing Initiatives Through a New 6.0% Tax on Short-
Term Rentals
Approve, approve with amendments, or deny Resolution No.
46, Series of 2025.
Background: Ballot Issue 2A would impose a new tax of 6.0%
on short-term rental accommodations starting on January 1,
2026; with the revenues from such tax to be used to fund
housing initiatives, housing developments, housing programs
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_SDRiLq03Qtu-qVxJN1n2fg
6:00 PM, October 21, 2025
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time
Council will consider an item.
Public comment will be taken on each agenda item.
Public participation offers an opportunity for attendees to express opinions or ask questions regarding
town services, policies or other matters of community concern that are not on the agenda. Please keep
comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting
and to allow equal opportunity for everyone wishing to speak.
2025-08 High Five Media Day.pdf
Public Participation.pdf
1
and related activities inside and outside of the Town.
Resolution 46 is a resolution of support for Ballot Issue 2A.
5.2 Resolution No. 47, Series of 2025, A Resolution
Supporting Eagle River Water & Sanitation District Ballot
Issue 6A- Funding Regional Wastewater Facility Upgrades
through a General Obligation Bond
Approve, approve with amendments, or deny Resolution No.
47, Series of 2025.
Background: The Vail Town Council acknowledges the
importance of the state-mandated project at the Regional
Wastewater Facility and recognizes that a General Obligation
bond would generally provide a more affordable financing
mechanism and encourages voters to carefully consider ballot
measure 6A on the November 4, 2025, coordinated election.
5.3 Resolution No. 48, Series of 2025, A Resolution Approving
an Intergovernmental Agreement between the Town of
Vail and the Eagle River Water and Sanitation District
regarding the Construction of a Sanitary Sewer Main
within East Lionshead Circle and as a Part of the Dobson
Ice Arena Remodel Project
Approve, approve with amendments, or deny Resolution No.
48, Series of 2025.
Background: The Dobson Ice Arena redevelopment project
was required to place electrical equipment on top of the
existing sanitary sewer main that is adjacent to the west
entrance of Dobson. The sanitary sewer line is subsequently
required to be relocated. ERWSD has agreed to delay this
relocation to coincide with the Dobson Plaza streetscape
project currently scheduled for 2028, to minimize impacts.
5.4 Resolution No. 49, Series of 2025, A Resolution of the Vail
Town Council Approving a Memorandum of
Understanding between the Colorado State Patrol and the
Vail Police Department for Commercial Motor Vehicle
Inspections
Approve, approve with amendments, or deny Resolution No.
49, Series of 2025.
Background: This agreement ensures that inspections and
enforcement activities within the Town of Vail are conducted in
accordance with the Commercial Vehicle Safety Alliance
(CVSA) guidelines and are consistent with state and federal
laws.
STR Tax Support-R101525.docx
Public Comment 2A.pdf
Resolution No. 47 GO Bond Vail Town Council.docx
ERWSD IGA Memo 10-21-25.docx
Resolution_No.__48_Series_of_2025_-_ERWSD_Dobson_IGA__1_.docx
ERWSD Sewer IGA-A093025.docx
MOU State Patrol .docx
VPD MOU-R101025.docx
Vail PD MOU 2025 (1).pdf
2
5.5 Resolution No. 51, Series of 2025, A Resolution of the Vail
Town Council Committing $3,000,000 to Habitat for
Humanity Vail Valley towards the Purchase of Homes in
Timber Ridge Phase II
Approve, approve with amendments, or deny Resolution No.
51, Series of 2025.
Background: The Town of Vail wishes to commit $3,000,000
toward its successful partnership with Habitat for Humanity
Vail Valley at Timber Ridge Village to buy down the cost of ten
2-bedroom units.
5.6 Contract award to Specialized Land Management for
Mechanical Fuels Reduction on the Booth Creek Fuels
Project
Authorize the Town Manager to enter into a contract, in a form
approved by the Town Attorney, with Specialized Land
Management for mechanical fuels treatment on the Booth
Creek Fuels project in an amount not to exceed $240,000.
Background: The purpose of this agenda item is to award a
contract for mechanical fuels treatment as part of the ongoing
Booth Creek Fuels Reduction Project.
5.7 Contract Award to Hyder Construction for Public Works
Fire Sprinkler System
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Hyder Constrcution
for the Public Works Fire Sprinkle System, in an amount not to
exceed $850,000.
Background: The existing fire sprinkler system in the bus barn
is not adequate to suppress a battery fire should it occur in one
of the electric buses. Based on the schematic plans and
performance specifications a detailed proposal was provided
which is now within the 2025 total project budget.
5.8 Letter of Support for the Colorado Energy Office Impact
Accelerator Grant
Approve, approve with amendments, or deny the Letter of
Support to participate in the Impact Accelerator Grant with a
regional cohort of municipalities in Eagle and Pitkin counties.
Background: The Town of Vail is invited to join a regional
group of municipalities and counties, including Aspen, Pitkin
County, Avon, Eagle County, the Town of Eagle, Minturn, and
others to apply for up to $2 million in grant funding, $250,000
of which would be directly available to Vail residents and
building owners to make upgrades and improve efficiency in
local homes and buildings.
102125 TC HFH Resolution Staff Report.docx
Exhibit A - Resolution No 1_2024 HFHVV.pdf
Resolution No 51_2025 HFHVV.pdf
TC Memo Booth Creek Unit 104 Contract 10_21_2025.docx
Council Memo 10-21-25_PW Bus Barn FS.docx
Impact Accelerator Council Memo 10.21.25.pdf
3
6.Action Items (6:20pm)
6.1 Contract Award to Apex Rockfall Mitigation for Rock Fall
Mitigation (6:20pm)
15 min.
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Apex Rockfall
Mitigation for rock fall mitigation, in an amount not to exceed
$1.9M.
Presenter(s): Tom Kassmel, Director of Public Works and
Transportation
Background: The Town of Vail has been working through
options for rockfall mitigation above Lions Ridge Loop for the
past couple of months to address recent rockfall events. In
order to provide the best opportunity to complete this
mitigation this fall, staff recommends moving forward with a
contract with APEX Rockfall Mitigation.
6.2 Resolution No. 50, Series of 2025, A Resolution of the Vail
Town Council Approving Amendments to Section V,
Goals, Objectives, Policies, and Action Steps, and Section
VII, Vail Village Sub-Areas, Commercial Core I, Sub-Areas
#3, of the Vail Village Master Plan (6:35pm)
20 min.
Approve, approve with amendments, or deny Resolution No.
50, Series of 2025.
Presenter(s): Matt Gennett, Director of Community
Development
Background: The applicant, Red Lion Building, LLC,
represented by George Ruther, Ruther & Associates, LLC, is
requesting a recommendation to the Vail Town Council,
pursuant to Section 3-2-6A, Function, Vail Town Code, to
amend the Vail Village Master Plan, Goal #2 by adding a new
action step (#7), and amend the written narrative and map
reference for the Commercial Core 1 subarea (#3).
6.3 Ordinance No. 21, Series of 2025, First Reading, An
Ordinance Amending Chapter 13 of Title 7 of the Vail
Town Code Regarding Designated Loading and Delivery
Areas (6:55pm)
5 min.
Approve, approve with amendments, or deny Ordinance No.
21, Series of 2025 upon first reading.
Presenter(s): Chief Ryan Kenney, Vail Police Department
Background: Recent loading and delivery violations have been
occurring with greater frequency in the outlying areas of the
Village Core. As enforcement strengthens within the Village,
delivery companies are getting creative with locations they can
deliver from.
Impact_Grant_Vail_Letter_of_Support.pdf
Council Memo 10-21-25 - Rockfall Mitigation.docx
Res. No. 50 Council Memo.pdf
Resolution No. 50, Series of 2025.pdf
101325 Vail Village Master Plan Amendment - Red Lion Building.pdf
Ruther Memo-Amendment to Vail Village Master Plan.pdf
4
6.4 Ordinance No. 22, Series of 2025, First Reading, An
Ordinance to Amending Chapter 3 of Title 6 of the Vail
Town Code, Regarding Unlawfully Disobeying Peace
Officers (7:00pm)
10 min.
Approve, approve with amendments, or deny Ordinance No.
22, Series of 2025 upon first reading.
Presenter(s): Chief Ryan Kenney, Vail Police Department
Background: The Vail Police Department is requesting Town
Council approve an amendment to Vail Town Code 6-3A-5,
which is based on recent case law that applies to the lawful
requests of a person to identify themselves to peace officers.
6.5 Ordinance No. 23, Series of 2025, First Reading, An
Ordinance Authorizing the Sale of Certain Real Property
Known as Pitkin Creek Park Condominium Unit 3B at a
Proposed Sales Price of $500,000.00 (7:10pm)
5 min.
Approve, approve with amendments, or deny Ordinance No.
23, Series of 2025 upon first reading.
Presenter(s): Jason Dietz, Housing Director
Background: The purpose of this memorandum is to provide a
summary of the background seeking the approval of the
proposed Ordinance No. 23, Series of 2025 which authorizes
the sale of certain real property owned by the Town of Vail.
7.Public Hearings (7:15pm)
7.1 Ordinance No. 19, Series of 2025, Second Reading, An
Ordinance Repealing and Reenacting Chapter 1 of Title 7
of the Vail Town Code, Adopting by Reference the Model
Traffic Code for Colorado, 2024 Edition (7:15pm)
5 min.
Approve, approve with amendments, or deny Ordinance No.
19, Series of 2025 upon second reading.
Presenter(s): Commander Chris Botkins, Vail Police
Department
Background: The Town of Vail’s Model Traffic Code (MTC) is
proposed for update from the 2020 edition to the newly
released 2024 edition.
7.2 Ordinance No. 20, Series of 2025, Second Reading, An
Ordinance Amending Section 12-13-5 of the Vail Town
Code Regarding the Employee Housing Unit Exchange
Program (7:20pm)
5 min.
Approve, approve with amendments, or deny Ordinance No.
L&Dordinancechanges2.docx
Loading Areas-O100125.docx
Ordinance chapter 3 title 6.docx
Disobey Peace Officer-O091925.docx
Ord No 23 2025 Sale of Pitkin Unit 3B memo.pdf
Ord No 23 2025 Sale of Pitkin Unit 3B (002).docx
Town Council Memo MTC_2024.docx
MTC-O100225.docx
5
20, Series of 2025 upon second reading.
Presenter(s): Jason Dietz, Housing Director
Background: Town Staff is proposing an amendment to Vail
Town Code Section 12-13-5, Employee Housing Unit Deed
Restriction Exchange Program.
8.Adjournment 7:25pm (estimate)
Staff Memo Ord. 20 of 2025.pdf
EHU Exchange Ordinance No 20 Series 2025.pdf
PEC25-0030 Staff_Memo, 9-22-2025.pdf
PEC Results 9-22-25.pdf
Enhancing EHU Exchange Opportunities.pptx
2nd Reading Housing Staff Report - Chapter 12-13-5 EHU Exchange Program
Amendment.docx
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.
6
AGENDA ITEM NO. 2.1
Item Cover Page
DATE:October 21, 2025
TIME:10 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Proclamation
AGENDA SECTION:Proclamation (6:00pm)
SUBJECT:Proclamation No. 8, Series of 2025, October 20, 2025 as High Five
Media Day
SUGGESTED ACTION:Read proclamation into the record.
PRESENTER(S):JK Perry, High Five Media, and Jonathon Czarnzy, High Five Media
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
2025-08 High Five Media Day.pdf
7
____________________________
Proclamation No. 08, Series of 2025
CELEBRATING HIGH FIVE ACCESS MEDIA’S 40th ANNIVERSARY
WHEREAS, the free exchange of ideas and information strengthens our community, helping
neighbors understand one another and build shared values;
WHEREAS, community media gives every resident a platform to tell their story, listen to others, and
shape the local narrative together;
WHEREAS, through training, resources, and open access to technology, community media empowers
people to create, share, and engage in ways that enrich civic life;
WHEREAS, community media ensures transparency in local government, fosters participation in
democracy, and preserves an authentic record of our community’s history;
WHEREAS, High Five Access Media’s studio serves as a hub for creativity, civic dialogue, and
collaboration, helping residents learn media skills, produce local content, and connect through shared
storytelling;
WHEREAS, public, education, and government access channels—as well as community radio—
remain essential yet often overlooked parts of our local information ecosystem;
WHEREAS, greater awareness and participation in community media strengthens local identity, civic
pride, and cultural understanding; and
WHEREAS, 2025 marks the 40th anniversary of High Five Access Media, which for four decades has
helped local residents share their voices, stay informed, and participate fully in public life;
NOW, THEREFORE, the Mayor and Vail Town Council do hereby proclaim that October 20,
2025 as High Five Access Media Day in the Town of Vail, and all residents are encouraged to
celebrate and support the role of community media in sustaining a connected, informed, and engaged
community.
BE IT FURTHER proclaimed that the Town of Vail commends High Five Access Media for 40 years
of dedicated service—broadcasting local government meetings, amplifying community voices,
promoting local culture and events, and providing lifelong access to the tools of modern
communication.
Dated this 21st day of October 2025.
Vail Town Council Attest:
Travis Coggin, Mayor Stephanie Kauffman, Town Clerk
8
AGENDA ITEM NO. 3.1
Item Cover Page
DATE:October 21, 2025
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Public Participation (6:10pm)
SUBJECT:Public Participation
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Public Participation.pdf
9
From:bobalouvail@aol.com
To:Public Input Town Council
Subject:ruff ruff
Date:Monday, October 13, 2025 4:41:30 PM
Dear Town Council,
With all of the budgetary pressures facing the TOV, the addition of a BS'ing (bomb
sniffing) dog, and the addition of at lease one FTE (handler) should not happen. If
such a resource is needed in this county, then the Eagle County Sheriffs Office
should take the lead. We do not need to be the sole funding source of this county
wide resource.
Cheers
Bob Armour
10
From:Jim Lamont Yahoo
To:Council Dist List; Russell Forrest; Matt Gennett
Cc:pamelas@vail.net
Subject:VHA/BOD/: Please review. .RE: Apollo Park Update - PEC Meeting on OCT 13 @ 1pm MTN
Date:Tuesday, October 14, 2025 7:00:59 AM
Mayor and Town Council Members:
Chairman and members of the Town of Vail Planning and Environmental Commission:
Please review the advisements contained in the following email exchange with respect to a
development project proposed for the Apollo Park site.
Please review within the context of Planning and Environmental Commission and Town Council
review of the proposal.
Thank you for your consideration.
Subject: VHA/JFL/BOD: Please review. Advise if the following should not be forwarded.....RE: Apollo
Park Update - PEC Meeting on OCT 13 @ 1pm MTN
BOD: Please review. Advise if the attached information (below) should not be forwarded to the
Town of Vail Town Council and Planning Commission for consideration.
From: Mike Galvin
Sent: Wednesday, October 8, 2025 1:55 PM
To: Jim Lamont
Subject: RE: VHA/JFL/MG: RE: RE: Urgent Apollo Park Update - PEC Meeting on OCT 13 @ 1pm MTN
Thanks for sharing your insights, Jim. Mike
From: Jim Lamont
Sent: Wednesday, October 8, 2025 12:26 PM
To: Mike Galvin
Subject: VHA/JFL/MG: RE: RE: Urgent Apollo Park Update - PEC Meeting on OCT 13 @ 1pm MTN
Mike:
Thoughts:
The matter of a VHA response re: Apollo Park development issue, should be referred to the BOD for
direction.
The proximity concerns of property owners who are effected by the outcome of the current Apollo
11
Park development proposal are being well-articulated by those most affected by the proposed
development.
Viewed from a broader perspective there are property owners in adjacent neighborhoods who have
density increase aspirations for their properties.
Variances granted by the TOV set precedent in the eyes of neighboring owners.
Piecemeal variances and Special Development Districts are viewed as a “grant of unjust special
privileges” by those who are not granted the same or similar privilege.
The TOV zoning code requires that property owners be treated the same in similar circumstances.
Any increase or departure from development standards on one property will have a ripple effect
through adjacent neighborhoods.
The question to be consider are the proposed variance “grants of special privilege” that are being
denied to property owners in the same or similar circumstances?
This raises the principle of neighborhood compatibility also found in the TOV zoning code.
Should the zoning ordinance and supporting master plan be amended to reflect the granting of the
same or similar benefits to all property owners in the surrounding neighborhoods?
Jim
From: Mike Galvin
Sent: Wednesday, October 8, 2025 8:44 AM
To: Jim Lamont
Subject: FW: Urgent Apollo Park Update - PEC Meeting on OCT 13 @ 1pm MTN
Hi Jim:
See below outreach I received to voice opposition to this development initiative.
What is the position of the VHA on this development initiative described below? Does
VHA intend to submit any input to the PEC on this development?
This is an active group of Vail Village residents who may not have a relationship with
VHA. If so, might this be an opportunity to cultivate their involvement with our VHA work
on this development specifically and the VHA’s work on other important issues
generally?
Your thoughts? Mike
-----------------------------
12
To: VMVR Owners
RE: Apollo Park redevelopment
Developer Ron Byrne submitted a new plan for the redevelopment of Apollo Park
requesting a recommendation by the PEC at its 10/13/25 meeting that the town
council approve the proposal at a future town council meeting.
The new proposal is very similar to the prior ones with requests for MASSIVE
variances on height, dwelling units per acre, Gross Residential Floor Area, above
ground site coverage and landscaping. Despite all the negative feedback from both
the PEC Commissioners and the public about the project being too big, the
developer’s new proposal increased GRFA by 1,693 square feet.
It is critical that the PEC gets fresh feedback on the strong opposition the
neighbors have for this proposal. If you cannot give comments at the 10/13 meeting,
we are asking you to send a new letter of opposition to this new proposal and to
indicate your support for the attached Alternate Development put forth by the
Neighbor Coalition. Ideally the letters would be sent by tomorrow, Wednesday 10/7
to cdev@vail.gov so they will be included in the first packet that goes to the PEC
Commissioners. If you are pressed for time please try and get them in by Friday
10/10.
Attached is a letter by Howard Willard, to the PEC with the support of the VMVR HOA
Board. The letter emphasizes the strong opposition by our neighborhood coalition to
the 10/13/25 development proposal and offers a more acceptable Alternate
Development Proposal. The letter also compares the developer’s proposal to the
SDD approved in 2017 to enable the development of Altus and our Alternate Proposal
and quantitatively demonstrates how very unreasonable the developer’s plan is
currently.
We strongly encourage you to attend the 10/13 PEC Meeting and share your views
during the public comment period. We also encourage that you enlist others who
might be impacted by such huge breaches of the zoning code in the future.
We'll forward the link to sign up for Zoom and the PEC Agenda when they come out
later this week.
Laura Willard, Secretary
VMVR Board
Sent from my iPad
13
14
15
16
17
AGENDA ITEM NO. 5.1
Item Cover Page
DATE:October 21, 2025
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:20pm)
SUBJECT:Resolution No. 46, Series of 2025, A Resolution in Support of the
Town of Vail Ballot Issue 2A to Fund Town of Vail Housing
Initiatives Through a New 6.0% Tax on Short-Term Rentals
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 46,
Series of 2025.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
STR Tax Support-R101525.docx
Public Comment 2A.pdf
18
|
RESOLUTION NO. 46
SERIES 2025
A RESOLUTION IN SUPPORT OF TOWN OF VAIL BALLOT ISSUE 2 A
TO FUND TOWN OF VAIL HOUSING INITIATIVES THROUGH A NEW
6.0% TAX ON SHORT-TERM RENTALS
WHEREAS, Vail is a national and international destination, and this means that
housing costs are out of reach for many people;
WHEREAS, Vail has significant supply constraints including land availability, high
construction costs, high levels of out-of-town buyers, and the prevalence of short-term
rentals (STRs), and the COVID-19 pandemic multiplied and accelerated these trends;
WHEREAS, creating more community housing is the Vail Town Council’s top
priority in order to preserve and sustain its vision to be the premier mountain resort
community in the world;
WHEREAS, the Town Council continues to lead in the development of community
housing by prioritizing the goals adopted in the Vail Housing 2027 Plan and the 2024
Council Strategic Plan, implementing the various housing initiatives, policies, and
community housing redevelopments;
WHEREAS, the Town Council supports community housing solutions by ensuring
dedicated funding sources are available for the initiatives and programs to increase the
supply of deed-restricted homes for year-round and seasonal residents;
WHEREAS, on August 5, 2025, the Town Council adopted Resolution No. 26,
Series 2025, a resolution submitting Ballot Issue 2A to the registered electors of the Town
at the Town’s regular election on November 4, 2025;
WHEREAS, Ballot Issue 2A would impose a new tax of 6.0% on short-term rental
accommodations starting on January 1, 2026; with the revenues from such tax to be used
to fund housing initiatives, housing developments, housing programs and related
activities inside and outside of the Town; and
WHEREAS, Ballot Issue 2A has the potential to meaningfully address Vail’s
community housing issues by adding additional dedicated funding sources to help create
more workforce housing and strengthen Vail’s community now and into the future.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. The Vail Town Council encourages Vail voters to vote in the
upcoming November 4, 2025 election, and urges voters to support Ballot Issue 2A by
voting YES.
19
|
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 21st day of October, 2025.
______________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
20
From:Temple Harris
To:Council Dist List
Subject:STR 6% tax
Date:Monday, October 20, 2025 5:13:21 PM
As owners of unit 174 at Manor Vail we write in opposition to the introduction of this tax.
Clearly, by any measure this is NOT the time to be introducing any form of additional taxation on property owners
in Vail. The current fragile state of the economy, the protectionist policies of the current federal government which
has created havoc in the marketplace and severely damaged all forms of offshore tourism and investment and the
unfairness that this tax presents to a highly valued sector (lodging) is more than enough reason to vote Not in favour
of this tax. Moreover, the full effects of the President’s tariffs are now just starting to steamroll through the economy
which will see even more costs added to taxpayers. The cost of travel, ski tickets, food, lodging, and operational
costs such as electricity, gas, water etc. are going to be hit hard. If the cost of skiing in Vail isn’t competitive people
will go elsewhere. It’s an expensive sport, but there are options to go to other resorts or simply do something else.
This is the rude reality. You have the responsibility to do the right thing. Don’t kill the Golden Goose!
Temple and Vivian Harris
21
From:Ginger Bauer
To:Council Dist List
Subject:ballot issue 2A
Date:Monday, October 20, 2025 5:16:43 PM
I am an owner of a unit at Manor Vail and am opposed to this very large tax increase that
would impact units like ours but not other competing properties, like hotels. It also is unfair
for it to be retroactive such that people who have already booked our unit and fully paid would
have this large increase added to their bill. It would certainly cause a lack of good-will with
Vail overall, in addition to Manor Vail. Please reconsider this. I understand that we need to
have more affordable housing for workers -- I used to be one for Vail Associates -- but this is
not the way to do it, especially since I understand that the bill does not require the city to
always use the money for that purpose.
Please go back to the drawing board. Thank yoiu for your consideration of this request.
Ginger Bauer
22
From:Jamie Moyer
To:Council Dist List
Subject:Oppose 2A
Date:Monday, October 20, 2025 6:04:33 PM
Dear Town Council,
As a homeowner and short term home renter in Vail, I would urge you not to support
proposition 2A. Vail is already known as an expensive destination, piling on taxes
only makes Vail less inclusive and available for visitors who are the lifeline of this
town. I support affordable housing, but I believe there are other ways to achieve this
goal.
Thank you,
Jamie Moyer
23
From:Chuck Fogleman
To:Council Dist List
Subject:Short term rentals
Date:Monday, October 20, 2025 6:26:56 PM
NOT a good idea
Punitive. The rental market likely to suffer.
Add on a downturn in the economy…..
All ou friends will be staying in Breck, not Vail
24
From:Brian Anderson
To:Council Dist List
Subject:Ballot issue 2A
Date:Monday, October 20, 2025 7:15:39 PM
Council Members-
We would like to register our strong opposition to Ballot Issue 2A.
We feel that this substantial increase in added tax to Vail visitors that rent our condo at Manor Vail will make our
property non-competitive with properties that are not subject to this proposed tax. Properties such as ours are being
unfairly targeted, simple as that.
Our family has been strong supporters of Vail since its opening in 1962 and we love the area. But tax and spend
needs to be held in check.
Again, we respectfully oppose Ballot Issue 2A and ask the Council to not endorse this item.
Nancy D Anderson Trust
Owner-Manor Vail Unit 267 since 2015
Home address:
9645 Wyoming Ter S
Bloomington, MN 55438
25
From:Cathy Eskew
To:Council Dist List
Subject:Ballot 2A
Date:Monday, October 20, 2025 8:20:50 PM
Dear Town Council Members,
Thank you for reading this short email.
I understand that Ballot 2A may go before the electorate depending upon the Council’s
actions. I am also very aware of the local housing needs that accompany ski resorts.
My son worked for Vail Associates at Two Elks about a decade ago; he was housed in an
apartment-like dorm in Avon. Every morning, he took a bus to Vail, a ski lift to the top,
and a snow cat to Two Elks. The commute was lengthy, to say the least. He then worked
as a barista at Starbuck’s owned by Vail Associates though located in Aspen. While
there, he spent 2 years paying for a bed at the Mt. Moritz hostel. It was the only place
that he could afford.
It's my opinion that everyone should be equally responsible for the problem. Ballot 2A
unfairly targets independent, locally managed HOA resort properties while exempting
Vail hotels. My family has owned a condo(s) at Manor Vail since 1979, and we have
ridden the waves of the economy for decades.
Please don’t penalize HOA owners for investing in Vail on a long-term basis.
Respectfully,
Cathleen C. Eskew, M.Div., PC-USA
Manor Vail #173
26
From:DIANNE REED
To:Council Dist List
Subject:2a
Date:Tuesday, October 21, 2025 7:24:40 AM
as longtime property owners in Vail Village, we are opposed to 2A. It unfairly targets independently owned condos.
Dianne and Bryan Reed
Manor Vail owners since 1983
Kansas City, Missouri
Sent from my iPhone
27
From:Aaron Goldstein
To:Council Dist List
Subject:2A
Date:Tuesday, October 21, 2025 7:54:06 AM
I am retired and own a condo in Vail. I live in the condo from June to October. I no longer ski so I rent it out during
the winter to help pay the mortgage, etc.. Raising the tax on short term rentals will make it less attractive as a rental
property and affect my ability to pay the bills; Most retired people are on a fixed income.
Sent from my iPad
28
From:Paul McMillan
To:Council Dist List
Subject:Ballot Issue 2A
Date:Tuesday, October 21, 2025 9:48:48 AM
To: Town of Vail Coucilmembers:
Re: Ballot Issue 2A
All who live, ski, visit, work, own businesses, and love the Vail Valley understand its
housing challenges. The WHAT of the issue is not in question. The HOW to address it
deserves a much better response than is conceived of in 2A.
Fairness. The core issue is fair & equitable housing for locals. Yet, the proposed tax is not
fair, nor is it equitable. 2A intends to target those homes & condos that were once
available for long-term rentals and occupied by locals living, working, and raising families in
the Vail Valley, which have been converted to short term rentals (STRs).
Misses the Mark. There is another class of STR that would also be taxed under 2A. They
are ‘Condotels’ with units individually owned by families, operated by local HOAs, and
managed by local professional staff (eg: Manor Vail Lodge, The Antlers, Vail Spa
Condominiums, Vail's Mountain Haus, or The Wren) They operate like, and compete with
hotels. They have always been such (long before VRBO), and they have never been
appropriate for long term housing. They are collateral damage under 2A.
Falls Short. This ballot issue notably does not target hotels. Why? Perhaps the drafters
of 2A were concerned that the company-owned hotels would unleash their teams of
corporate lawyers? A more equitable solution would tax all lodging at a lower rate. With a
larger base, it could provide even more funds to address the challenge.
Not guaranteed. Finally, where in the language of 2A does it guarantee that funds will be
used for the stated purpose for all time? It appears that future councils could simply re-
allocate the funds to other future priorities.
Vail voters deserve a better solution.
Paul McMillan
595 Vail Valley Dr #182
29
From:Tim Cheek
To:Council Dist List
Subject:2A
Date:Tuesday, October 21, 2025 9:57:46 AM
Our extended family has owned condos at Manor Vail since 1979. It would not be fair to tax us and not hotels for
any local housing projects. Please show our families objection to the passage of 2A.
Sent from my iPhone
30
From:Ellen Lautenberg
To:Council Dist List
Subject:Opposed to the 2A ballot Item imposing an additional 6% tax on HOA short term rentals
Date:Tuesday, October 21, 2025 12:06:15 PM
Dear Town Council Members,
While I 100% support efforts to address local housing shortages in Vail, I feel that this measure unfairly
targets properties like Manor Vail where my family has owned a unit since 1974.
Although I appreciate that hotels have a different tax structure vs residential rentals, the tax implications
do not even out the contributions between hotels and HOAs as noted in this letter to the Vail Daily from
the Vail Valley Partnership on October 16 which states: “Despite similar operations and clientele, condo-tels
shoulder a nearly doubled effective tax rate compared to adjacent hotels. This unexpected reality highlights the main inequity:
many assume larger businesses pay more, yet the system often reverses that assumption.” I believe there is a better way to
more evenly distribute the responsibility to support more local housing diversity.
Those of us that rent out our condominiums do so to cover the carrying costs as well as to support the
HOA's operating and capital expenses. As owner's, we invest in the broader Vail economy regularly
ourselves, as well as encourage return visitors who do so as well. Without the renters, our units would sit
empty when we are not there. We rent in the summer as well as the winter so that people can take
advantage of the Amphitheater, the Botanical Garden tours, the farmer's market and support other local
businesses in the slower months. As property owners we have also done renovations over the years that
have utilized local vendors and contractors. We are not outside corporate entities as some would
describe the short term rental community.
Other specific problems that I have with this initiative are:
- The Tax is Retroactive: If 2A passes, guests who have planned ahead booking in advance for the
coming winter will need to be notified of the additional 6% expense for their reservation even if they
believe they’ve already paid in full for their stay. Guests who have already paid deposits may choose to
cancel due to the unexpected increase. They may move to a hotel that is not subject to the tax.
- Reduced Bookings and Average Daily Rate: The higher tax is likely to push future bookings toward
comparable resort hotels that remain untaxed, reducing occupancy for properties like ours. Because
Manor Vail’s entry rates on Studio and One Bedroom units are based on comparable rates of competing
hotels, we are likely to be forced to lower prices to accommodate the 6% tax disadvantage Manor Vail
would have.
- Lower Returns: With fewer bookings and degraded rate, rental income and condo values could decline.
Please consider reworking this initiative to make it more fair while potentially increasing the yield Vail
would get for additional housing by instead suggesting a lower tax rate across all short term stay entities.
Thank you,
Ellen Lautenberg
31
From:Emily Tobin
To:Council Dist List
Cc:Meyers, Zach; Perry, Brad; Keller, Amanda; David Tobin; Angela M Moffet
Subject:Opposition to Ballot Issue 2A
Date:Monday, October 20, 2025 4:50:56 PM
Dear Mayor and Members of the Vail Town Council,
As a Manor Vail condominium owner, I want to begin by expressing my appreciation for the
Town Council’s commitment to tackling Vail’s housing challenges and preserving the vitality
of our community. These are not easy issues to solve, and I value the effort being made to find
solutions. At the same time, I am deeply concerned that Ballot Issue 2A, as written, is
inequitable and economically harmful. It unfairly penalizes independent condo owners while
exempting large hotels. Vail was founded as an entrepreneurial town built by individuals who
invested in this valley, and this measure risks moving away from that spirit.
My opposition rests on the following points:
1. Disproportionate Taxation
Ballot Issue 2A would raise the STR lodging tax by 6%, resulting in a total rate of
16.8%. This 56% overnight increase is the largest in Vail’s history. Hotels offering the
same lodging services remain exempt, creating an uneven playing field that rewards
corporate hotel operators at the expense of individual owners.
2. Retroactive Impact on Guests and Owners
Reservations for 2026 have already been booked. Imposing a retroactive tax will force
owners to either absorb the new cost or pass it on to guests who booked in good faith.
This raises consumer fairness concerns and risks widespread cancellations and revenue
losses.
3. Fairness and Consistency Concerns
Colorado tax policy generally emphasizes consistency within an industry. By taxing
STR properties but not hotels providing identical lodging services, 2A creates an
imbalance that undermines fairness and accountability in local taxation.
4. Risk to Property Reinvestment
STR income enables owners to continually upgrade and maintain units. Reducing net
returns discourages reinvestment, which over time erodes the competitiveness and
quality of Vail’s lodging stock compared with peer resorts like Aspen and Breckenridge.
5. Driving Guests to Competing Resorts
A 16.8% lodging tax will make Vail one of the most heavily taxed ski destinations in
the country. Guests comparing prices across Colorado and Utah may shift to resorts with
lower tax burdens, reducing visitation and hurting Vail’s long-term brand.
6. Economic Ripple Effect
32
STR guests tend to spend more in local restaurants, shops, and activity providers than
hotel guests, who often stay within corporate food and beverage programs. Penalizing
STRs therefore directly harms Vail’s small-business ecosystem.
7. Weak Link to Housing Outcomes
While the intent is to support housing, there is no evidence this tax will produce
meaningful housing results. Without reforms to zoning, land costs, and construction
barriers, additional revenues are unlikely to address the underlying shortage. This is a
blunt instrument that punishes owners without solving the problem.
The core question is: should Vail’s policies prioritize the profits of large corporate hotels, or
protect the individual investors whose commitment has helped build and sustain Vail’s
success? Ballot Issue 2A does not represent balance, fairness, or effective housing policy.
For these reasons, I respectfully urge you to withhold your support for Ballot Issue 2A and
instead pursue solutions that address housing challenges without undermining Vail’s
entrepreneurial foundation, property values, and small-business economy.
Sincerely,
Emily Baker Tobin
Owner, Manor Vail Condominium
Emily Baker Tobin
emilybtobin@gmail.com
917-528-0111
33
AGENDA ITEM NO. 5.2
Item Cover Page
DATE:October 21, 2025
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:20pm)
SUBJECT:Resolution No. 47, Series of 2025, A Resolution Supporting Eagle
River Water & Sanitation District Ballot Issue 6A- Funding
Regional Wastewater Facility Upgrades through a General
Obligation Bond
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 47,
Series of 2025.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No. 47 GO Bond Vail Town Council.docx
34
RESOLUTION No. 47,
SERIES OF 2025
A RESOLUTION SUPPORTING EAGLE RIVER WATER & SANITATION DISTRICT BALLOT
ISSUE 6A – FUNDING REGIONAL WASTEWATER FACILITY UPGRADES THROUGH A
GENERAL OBLIGATION BOND
WHEREAS, the Town of Vail is a home rule municipality in Colorado; and
WHEREAS, Eagle River Water & Sanitation District (the “District”) provides public
wastewater services for its service area from Vail to Cordillera; and
WHEREAS, the District is required pursuant to state regulations to upgrade the Regional
Wastewater Treatment Facility by 2029; and
WHEREAS, these upgrades are essential to maintain regulatory compliance, protect
water quality in Gore Creek and the Eagle River, and address aging infrastructure; and
WHEREAS, this public project is estimated to cost $93 million, which will require the
District to secure debt through a bonding mechanism; and
WHEREAS, the District’s analysis shows that a General Obligation Bond is the appropriate
bonding mechanism, resulting in lower overall costs for most taxpayers compared to rate
increases if the project were funded through the alternative revenue bond; and
WHEREAS, the District’s board has referred a ballot measure to the November 4, 2025,
coordinated election ballot asking voters whether the project should be funded through a GO
bond; and
WHEREAS, the Colorado Fair Campaign Practices Act expressly authorizes local
governments to adopt and distribute in normal fashion a Resolution regarding any ballot issue of
import to that local government;
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
The Vail Town Council acknowledges the importance of the state-mandated project at the
Regional Wastewater Facility and recognizes that a General Obligation bond would generally
provide a more affordable financing mechanism and encourages voters to carefully consider
ballot measure 6A on the November 4, 2025, coordinated election.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Vail held this 21st day of October, 2025.
_________________________
Travis Coggin, Mayor
ATTEST:
___________________________
Stephanie Kauffman, Town Clerk
35
AGENDA ITEM NO. 5.3
Item Cover Page
DATE:October 21, 2025
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Action Items
AGENDA SECTION:Consent Agenda (6:20pm)
SUBJECT:Resolution No. 48, Series of 2025, A Resolution Approving an
Intergovernmental Agreement between the Town of Vail and the
Eagle River Water and Sanitation District regarding the
Construction of a Sanitary Sewer Main within East Lionshead
Circle and as a Part of the Dobson Ice Arena Remodel Project
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 48,
Series of 2025.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
ERWSD IGA Memo 10-21-25.docx
Resolution_No.__48_Series_of_2025_-_ERWSD_Dobson_IGA__1_.docx
ERWSD Sewer IGA-A093025.docx
36
To: Vail Town Council
From: Public Works Department
Date: October 21, 2025
Subject: Resolution No. XX Series 2025 - IGA with ERWSD for the relocation of a sanitary
sewer main near Dobson Ice Arena
I. SUMMARY
The Town of Vail currently has the Dobson Ice Arena remodel project under
construction. As a part of this project new electrical equipment has been placed along
the west side building in a location that is right above ERW SD’s existing sanitary sewer.
In order for ERWSD to maintain this sanitary sewer main properly the main needs to be
relocated. Both Town staff and ERWSD agree that the most efficient time to relocate the
main is when the Dobson streetscape work occurs. T he Dobson streetscape work is
currently scheduled to be designed in 2027 and constructed in 2028. Town staff and
ERWSD have agreed to delay the sanitary sewer main reocation until this timeframe
with a maximum delay of 5 years.
Town staff recommends that the Town Council adopt Resolution No. 11XX Series 2025,
a resolution to enter into an Intergovernmental Agreement (IGA) with Eagle River Water
and Sanitation District (ERWSD) in a form approved by the Town Attorney.
II. ATTACHMENTS
Resolution No. XX Series 2025
ERWSD IGA
37
RESOLUTION NO. 48
Series of 2025
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND
SANITATION DISTRICT REGARDING THE CONSTRUCTION OF A SANITARY
SEWER MAIN WITHIN EAST LIONSHEAD CIRCLE AND AS A PART OF THE
DOBSON ICE ARENA REMODEL PROJECT
WHEREAS, the Eagle River water and Sanitation District (the “District”) requires
that the Town relocate the sanitary sewer main that currently exists immediatly adjacent
to the Dobson Ice Arena so that new the Town’s new electrical equipment can be
installed for the Dobson Ice Arena Project; and
WHEREAS, the Town and the District agree that the most efficient timing of this
relocation will be when the Town completes the Dobson Plaza streetscape work; and
WHEREAS the Town and the District agree that the timing of this required work
shall be completed within 5 years as per Exhibit A and made a part hereof by this
reference (the “IGA”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the IGA 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 IGA on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 21st day of October 2021.
_________________________
Travis Coggin, Town Mayor
ATTEST:
_____________________________
Stephanie Kauffman, Town Clerk
38
1
10/3/2025
C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@FC1441D7\@BCL@FC1441D7.DOCX
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement (the "Agreement") is made and entered into
this ______ day of ____________ 2025 (the "Effective Date"), by and between the Town
of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road,
Vail, CO 81657 (the "Town"), and the Eagle River Water & Sanitation District, a Colorado
special district with an address of 846 Forest Road, Vail, CO 81657 (the "District") (each
a "Party" and collectively the "Parties").
WHEREAS, pursuant to § 18(2)(a) and (b), Article XIV of the Colorado Constitution
and C.R.S. §§ 29-1-203 and 32-1-1001, the Parties may enter into agreements with one
another to provide intergovernmental services and facilities, when so authorized by their
governing bodies;
WHEREAS, the Town is working on the Dobson Ice Arena Remodel project (the
"Project");
WHEREAS, as part of the Project, the Town has installed a Holy Cross Energy
("HCE") transformer (the "Transformer") over an existing District sanitary sewer line (the
"Sewer"), the location of which is attached hereto and incorporated herein as Exhibit A;
WHEREAS, the Parties desire for the Town to relocate the Sewer at a mutually
agreed upon future date; and
WHEREAS, each Party has determined it to be in the best interests of its
respective taxpayers, residents, property owners, and constituents to enter into this
Agreement.
NOW, THEREFORE, in consideration of the mutual performance of the covenants,
agreements, and stipulations contained herein, the sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1. Sewer Relocation.
a. The Town shall, at its sole cost and expense, complete the relocation of the
Sewer within 5 years of the Effective Date. If the Town fails to complete the relocation
within the required timeframe, the District may, upon at least 30 days' prior written notice
to the Town, undertake the relocation itself. In such event, subject to Section 4.k. hereof,
the Town shall reimburse the District for all costs and expenses reasonably incurred in
connection with the relocation.
b. The Sewer shall be relocated to a mutually agreed upon adjacent location.
Such location shall be within a public right-of-way or easement.
c. The relocation shall comply with all applicable law and the District's then-
current Rules and Regulations, and shall be subject to the District's approval of the
39
2
10/3/2025
C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@FC1441D7\@BCL@FC1441D7.DOCX
associated plans and specifications prior to commencement of construction , which
approval shall not be unreasonably withheld.
2. Term and Termination.
a. Term. This Agreement shall commence on the Effective Date and shall
continue until December 31, 2030.
b. Termination. Either Party may terminate this Agreement at any time upon
30 days' prior written notice to the other Party. Such termination shall not relieve the
Town of its obligation to relocate the Sewer or reimburse the District for all costs and
expenses reasonably incurred by the District in connection with such relocation until the
relocation has been completed to the satisfaction of the District, subject to Section 4.k.
hereof.
4. Miscellaneous.
a. Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Colorado, subject to the Town's police power authority, and any legal action
concerning the provisions hereof shall be brought in Eagle County, Colorado.
b. No Waiver. Delays in enforcement or the waiver of any one or more defaults
or breaches of this Agreement by the Town shall not constitute a waiver of any of the
other terms or obligation of this Agreement.
c. Integration. This Agreement constitutes the entire agreement between the
Parties, superseding all prior oral or written communications.
d. Third Parties. There are no intended third-party beneficiaries to this
Agreement.
e. Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre-paid, first-class U.S. Mail to the
Party at the address set forth on the first page of this Agreement.
f. Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be unlawful or unenforceable for any reason, the remaining
provisions hereof shall remain in full force and effect.
g. Modification. This Agreement may only be modified upon written
agreement of the Parties.
h. No Joint Venture or Partnership. No form of joint venture or partnership
exists between the Parties, and nothing contained in this Agreement shall be construed
as making the Parties joint venturers or partners. In no event shall any Party or its
employees or its representatives be considered or authorized to act as employees or
agents of any other Party.
40
3
10/3/2025
C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@FC1441D7\@BCL@FC1441D7.DOCX
i. Assignment. Neither this Agreement nor any of the rights or obligations of
the Parties shall be assigned by any Party without the written consent of the others.
j. Governmental Immunity. Each Party and its officers, attorneys and
employees, are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations or any other rights, immunities or protections
provided by the Colorado Governmental Immunity, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to either Party or its officers, attorneys or employees.
k. Subject to Annual Appropriation. Consistent with Article X, § 20 of the
Colorado Constitution, any financial obligation of the Town not per formed during the
current fiscal year is subject to annual appropriation, shall extend only to monies currently
appropriated, and shall not constitute a mandatory charge, requirement, debt or liability
beyond the current fiscal year.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Travis Coggin, Mayor
ATTEST:
_____________________________
Stephanie Kauffman, Town Clerk
EAGLE RIVER WATER &
SANITATION DISTRICT
________________________________
ATTEST: Siri Roman, General Manager
_____________________________
41
4
10/3/2025
C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@FC1441D7\@BCL@FC1441D7.DOCX
EXHIBIT A
Transformer and Sanitary Sewer Line Location
42
AGENDA ITEM NO. 5.4
Item Cover Page
DATE:October 21, 2025
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:20pm)
SUBJECT:Resolution No. 49, Series of 2025, A Resolution of the Vail Town
Council Approving a Memorandum of Understanding between
the Colorado State Patrol and the Vail Police Department for
Commercial Motor Vehicle Inspections
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 49,
Series of 2025.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
MOU State Patrol .docx
VPD MOU-R101025.docx
Vail PD MOU 2025 (1).pdf
43
October 8, 2025
To: Town Council
Through: Russell Forrest
Town Manger
Through: Ryan Kenney
Chief of Police
From: Matt Westenfelder
Deputy Chief
Subject: Memorandum of Understanding
The Vail Police Department has reached out to the Colorado State Patrol (CSP) to establish a
Memorandum of Understanding (MOU) that will allow Vail officers to conduct commercial
motor vehicle (CMV) inspections and continue our ongoing efforts related to CMV chain
enforcement. This agreement ensures that inspections and enforcement activities within the
Town of Vail are conducted in accordance with the Commercial Vehicle Safety Alliance
(CVSA) guidelines and are consistent with state and federal laws.
This partnership enhances roadway safety by expanding inspection capabilities, reducing
redundancy, and ensuring consistency with statewide enforcement standards. The agreement
aligns with CSP’s Motor Carrier Safety Assistance Program (MCSAP). It grants Vail officers
access to the same inspection systems and reporting platforms used by CSP, including
SAFESPECT and the Commercial Vehicle Information Exchange Window (CVIEW).
Under the MOU, Vail Police officers will complete the required coaching and mentorship
program with CSP before certification and will maintain qualifications through ongoing
compliance with Colorado Revised Statutes §42-4-235(4)(a). The CSP will provide the necessary
CVSA inspection decals, access to technology, and oversight of submitted inspection reports.
This agreement strengthens Vail’s ability to monitor and enforce commercial vehicle safety,
particularly in high-impact areas such as Vail Pass. It helps ensure safe and efficient travel
through the I-70 corridor. The MOU will be reviewed every two years and may be extended
upon mutual agreement.
44
1
10/10/2025
C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@0C15CD8D\@BCL@0C15CD8D.DOCX
RESOLUTION NO. 49
SERIES 2025
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE COLORADO
STATE PATROL AND THE VAIL POLICE DEPARTMENT FOR
COMMERCIAL MOTOR VEHICLE INSPECTIONS
NOW BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL:
Section 1. The Memorandum of Understanding between the Colorado State
Patrol and the Vail Police Department is hereby approved in substantially the form
attached hereto, subject to final approval by the Town Attorney. Upon such approval, the
Mayor is authorized to execute the Memorandum of Understanding on behalf of the Town.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 21st day of October,
2025.
______________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
45
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COLORADO STATE PATROL
AND
THE VAIL POLICE DEPARTMENT
The COLORADO STATE PATROL is given authority granted by the Patrol Act in §24-33.5-201,
et seq. C.R.S. and §42-4-235, C.R.S. to conduct commercial motor vehicle safety inspections
throughout the state of Colorado.
The COLORADO STATE PATROL has joined with the Commercial Vehicle Safety Alliance
(CVSA) to adopt and enforce state and federal laws and regulations governing commercial motor
vehicle inspections and the CVSA Out-of-Service Criteria throughout the state of Colorado.
The VAIL POLICE DEPARTMENT wishes to conduct commercial vehicle safety inspections,
consistent with CVSA guidelines within their jurisdiction, pursuant to state and federal laws and
regulations, in partnership with the COLORADO STATE PATROL and the CVSA.
The COLORADO STATE PATROL and CVSA have agreed to allow the VAIL POLICE
DEPARTMENT to conduct such commercial motor vehicle safety inspections, in order to:
-Maximize the effective utilization of commercial motor vehicle driver and
cargo inspection resources;
-Avoid duplication of effort and promote the uniformity of inspections;
-Expand the number of inspections performed statewide in Colorado; and,
-Minimize the delays experienced by operators of commercial motor vehicles due to
inspections.
The COLORADO STATE PATROL and the VAIL POLICE DEPARTMENT hereby agree as follows:
1.The COLORADO STATE PATROL will continue to inspect commercial motor
vehicles pursuant to authority granted by §24-33.5-201 et seq. and §42-4-235, C.R.S.
on interstate, state, and county highways.
2.The VAIL POLICE DEPARTMENT will confine their commercial motor vehicle
inspection activities to those interstate, state, and county highways within their
jurisdiction.
3.The VAIL POLICE DEPARTMENT may participate in consolidated safety efforts
with the COLORADO STATE PATROL on an annual basis; related to commercial
motor vehicle safety inspections.
46
Revised: March 12, 2025 Page 2
4.The VAIL POLICE DEPARTMENT will participate in a coaching/mentorship program with the
COLORADO STATE PATROL as a requirement for initial certification.
5.Pursuant to a separate Memorandum of Understanding (MOU) between the COLORADO
STATE PATROL and the CVSA regarding inspection procedures, all commercial motor
vehicle inspections shall be performed by qualified inspectors following the North American
Uniform Inspection procedures and using the CVSA Out-of-Service Criteria. These criteria
support uniformity and reciprocity with other law enforcement agencies throughout Colorado
and the United States.
6.The VAIL POLICE DEPARTMENT shall:
a.Certify that officers performing commercial motor vehicle inspections are qualified (and
remain qualified) to conduct such inspections pursuant to §42-4-235(4)(a),
C.R.S.
b.Comply with the rules adopted pursuant to §42-4-235(4)(a), C.R.S. when performing
commercial motor vehicle inspections.
c.Provide VAIL POLICE DEPARTMENT officers conducting commercial vehicle
inspections with access to the Federal Motor Carrier Safety Administration (FMCSA)
Information Technology Systems as well as the COLORADO STATE PATROL
Commercial Vehicle Information Exchange Window (CVIEW) program. Officers
shall sign and agree to all end user agreements with the COLORADO STATE
PATROL before being granted access to these technological support programs.
d.Provide access and training to SAFESPECT, a web-based inspection program
to be used for all inspections conducted in conformance with this Agreement. A
copy shall be provided to the driver of an inspected commercial vehicle at the
completion of the inspection.
e.Ensure completed inspections are submitted in SAFESPECT immediately upon completing
the inspection. All submitted inspections in SAFESPECT will be approved and uploaded
by the Colorado State Patrol in the SAFESPECT program.
f.Require that all defects disclosed during an inspection be corrected within the time limits
required under federal law, state law and regulations.
47
Revised: March 12, 2025 Page 3
g.Issue CVSA decals to commercial motor vehicles that pass a Level I inspection
(decals to be furnished by the COLORADO STATE PATROL to the POLICE
DEPARTMENT).
h.Honor current inspections and CVSA decals issued by authorized agencies in the
CVSA.
7. Failure to comply with any of the provisions of this MOU by the VAIL Police Department
shall be grounds for the COLORADO STATE PATROL to render this MOU null and void.
All MOU’s are reviewed for compliance every two (2) years and may be extended for an additional
two (2) years absent written notice to terminate by either party.
This Memorandum of Understanding was approved by all parties hereto this day of
, .
COLORADO STATE PATROL, MOTOR CARRIER SAFETY ASSISTANCE PROGRAM
Signature of Authorized Official
Printed Name
Title
Date
VAIL POLICE DEPARTMENT
Signature of Authorized Official
Printed Name
Title
Date
48
AGENDA ITEM NO. 5.5
Item Cover Page
DATE:October 21, 2025
SUBMITTED BY:Anna Bengtson, Housing
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:20pm)
SUBJECT:Resolution No. 51, Series of 2025, A Resolution of the Vail Town
Council Committing $3,000,000 to Habitat for Humanity Vail
Valley towards the Purchase of Homes in Timber Ridge Phase II
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 51,
Series of 2025.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
102125 TC HFH Resolution Staff Report.docx
Exhibit A - Resolution No 1_2024 HFHVV.pdf
Resolution No 51_2025 HFHVV.pdf
49
To: Vail Town Council
From: Jason Dietz, Housing Director
Anna Bengtson, Housing Development Specialist
Date: October 21, 2025
Subject: Resolution 51, Committing Additional Funds to Habitat for Humanity Vail Valley’s Timber
Ridge Mortgage Lending Program
1. PURPOSE
The Town of Vail wishes to commit $3,000,000 toward its successful partnership with Habitat for
Humanity Vail Valley at Timber Ridge Village to buy down the cost of ten (10) 2-bedroom units.
2. BACKGROUND
The Town of Vail is a partner in the redevelopment of Timber Ridge Village, which consists of
302 new for sale, deed-restricted residential units in studio, one-, two-, three-, and four-bedroom
configurations. In January 2024, the Town passed Resolution No. 1 committing $2,000,000 to
Habitat for Humanity Vail Valley’s inaugural mortgage lending pilot program at Timber Ridge
Village (Exhibit A). Alongside a matching investment from Eagle County, these funds helped
buy down the cost of ten (10) 3-bedroom units in the Timber Ridge Village redevelopment
making them affordable to households earning 80% Area Median Income (AMI) and below.
Habitat received roughly two hundred (200) applications for these 10 units. Based on this clear
demonstration of interest and demand, the Town wishes to commit another $3,000,000 toward
this partnership to buy down the cost of ten (10) two-bedroom units in the Timber Ridge Village
redevelopment. This commitment would bring the Town’s total contribution to the Habitat
program to $5,000,000. In combination with a recent additional funding commitment from Eagle
County, 10% (30 units) of the Timber Ridge Village redevelopment project will be dedicated
Habitat for Humanity units selling at 80% AMI and below with 0% 30-year mortgages.
3. ACTION REQUESTED
Staff is requesting approval of Resolution 51, Series of 2025.
50
1
RESOLUTION NO. 1
Series of 2024
ARESOLUTION COMMITTING $2 MILLION TO HABITAT FOR HUMANITY VAIL
VALLEY TOWARDS THE PURCHASE PRICE OF TEN THREE BEDROOM
HOMES AT THE TIMBER RIDGE ll VILLAGE APARTMENTS TO BE MADE
AVAILABLE FOR OCCUPANCY BEGINNING IN THE FALL OF 2025
WHEREAS, the availability and affordability of both rental and home ownership remains
the most critical issue facing the Town of Vail as well as the entire Eagle River Valley;
WHEREAS, Habitat for Humanity Vail Valley (Habitat) has built and financed over 125
homes for families in the valley earning at or below 80% AMI since its inception in 1995;
WHEREAS, Habitat recognizes the potential of providing incremental affordable
homeownership opportunities for hardworking locals beyond just building houses – by way
of financing non-Habitat constructed homes with its zero percent loan product;
WHEREAS, Habitat has demonstrated its ability to bring together partnerships,
collaboration and innovative thinking and sees Timber Ridge as an opportunity to serve
families within the Town of Vail by piloting this new zero percent loan program;
WHEREAS, Habitat is in the process of completing a three-year, $18 million investment in
46 homeownership opportunities, doubling its impact;
WHEREAS, Habitat homeowners are educators, law enforcement officers, tradespeople,
as well as healthcare, grocery store and resort employees who make the Town of Vail and
greater Eagle County vibrant places to live;
WHEREAS, the Town of Vail has committed $2 million towards Habitat’s inaugural
mortgage lending pilot program at the Timber Ridge Phase II redevelopment project
scheduled to be available for occupancy in the fall of 2025. Pending its 2024 budget
approval on Jan. 9, Eagle County will invest an additional $2 million. The investment by both
the Town of Vail and Eagle County will allow Habitat to issue zero-interest mortgages
affordable to qualified buyers earning under 80 percent of the Area Median Income, or
94,640 for a family of four. Homes will be deed-restricted by way of a predetermined resale
formula that will ensure they remain affordable in perpetuity, so families can be sure to have
a place to call home for decades to come; and
WHEREAS, using the estimated $868,000 three-bedroom home price at the Timber
Ridge Phase II, and a maximum affordability of $400,000 - $450,000 at the above-
mentioned AMI levels, along with Habitat’s zero percent loan, an approximate $400,000 per
home buy-down is required, for a total of $4 million for 10 homes.
51
52
1
10/16/2025
C:\USERS\ABENGTSON\ONEDRIVE - TOWN OF VAIL\BENGTSON, ANNA\PROJECTS\TIMBER RIDGE\HABITAT FOR
HUMANITY\TR HABITAT SALES-R101625 VAB.DOCX
RESOLUTION NO. 51
SERIES 2025
A RESOLUTION OF THE VAIL TOWN COUNCIL COMMITTING
$3,000,000 TO HABITAT FOR HUMANITY VAIL VALLEY TOWARDS
THE PURCHASE OF HOMES IN TIMBER RIDGE PHASE ll
WHEREAS, the availability and affordability of both rental and home ownership
remains the most critical issue facing the Town and the entire Eagle River Valley;
WHEREAS, since its inception in 1995, Habitat for Humanity Vail Valley ("Habitat")
has built and financed over 125 homes for families in the valley earning at or below 80%
Area Median Income ("AMI");
WHEREAS, Habitat recognizes the potential of providing incremental affordable
homeownership opportunities for hardworking locals beyond just building houses – by
way of financing non-Habitat constructed homes with its zero percent loan program;
WHEREAS, Habitat has demonstrated its ability to bring together partnerships,
collaboration and innovative thinking and sees Timber Ridge as an opportunity to serve
families within the Town by continuing the zero interest loan program;
WHEREAS, Habitat is in the process of completing a 3-year, $18,000,000
investment in 46 homeownership opportunities, doubling its impact;
WHEREAS, Habitat homeowners are educators, law enforcement officers,
tradespeople, as well as healthcare, grocery store and resort employees who make the
Town and greater Eagle County vibrant places to live;
WHEREAS, the Town previously committed $2,000,000 towards Habitat’s
inaugural mortgage lending pilot program at the Timber Ridge Phase II development,
which allowed Habitat to issue zero-interest mortgages affordable to qualified buyers
earning under 80% of AMI and deed restrict the property to ensure its affordability in
perpetuity; and
WHEREAS, the Town wishes to commit an additional $3,000,000 to allow an
additional 10 homes to be eligible for Habitat's zero-interest mortgage at Timber Ridge
Phase II.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. The Town Council hereby commits $3,000,000 to allow an additional
10 homes to be eligible for Habitat's zero-interest mortgage program at Timber Ridge
Phase II to qualified buyers earning under 80% of AMI.
Section 2. This Resolution shall take effect immediately upon its passage.
53
2
10/16/2025
C:\USERS\ABENGTSON\ONEDRIVE - TOWN OF VAIL\BENGTSON, ANNA\PROJECTS\TIMBER RIDGE\HABITAT FOR
HUMANITY\TR HABITAT SALES-R101625 VAB.DOCX
INTRODUCED, READ, APPROVED AND ADOPTED THIS ___ day of
_______________, 2025.
______________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
54
AGENDA ITEM NO. 5.6
Item Cover Page
DATE:October 21, 2025
SUBMITTED BY:Mark Novak, Fire Department
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:20pm)
SUBJECT:Contract award to Specialized Land Management for Mechanical
Fuels Reduction on the Booth Creek Fuels Project
SUGGESTED ACTION:Authorize the Town Manager to enter into a contract, in a form
approved by the Town Attorney, with Specialized Land Management
for mechanical fuels treatment on the Booth Creek Fuels project in an
amount not to exceed $240,000.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
TC Memo Booth Creek Unit 104 Contract 10_21_2025.docx
55
To: Town Council
From: Paul Cada, Wildland Battalion Chief
Date: October 21, 2025
Subject: Contract award for mechanical fuels treatment as part of the Booth Creek Fuels
Project
The Town of Vail and White River National Forest have been jointly working to implement the
Booth Creek Fuels project on the White River National Forest adjacent to East Vail.
As part of the ongoing implementation the Town of Vail solicited bids from qualified
contractors to complete an 86-acre mechanical fuels reduction project in the Spraddle Creek
Drainage. Bid packets were directly sent to nine known qualified bidders and three bidders
attended the pre- bid meeting. The Town received two bids to complete the work.
Specialized Land Management submitted a bid of $240,000.00 to complete the work within
the required timeframe. Work is proposed to be completed during the 2026 field season (July-
October). Funds to complete this work are included in the approved 2025 TOV capital budget
and approved USFS multi-year agreements. $100,000 of the project would be paid for with
TOV funds and $140,000 would be paid for with USFS funds.
Staff Recommendation: Authorize the Town Manager to enter into a contract, in a form
approved by the Town Attorney, with Specialized Land Management for mechanical fuels
treatment on the Booth Creek Fuels project in an amount not to exceed $240,000.
56
AGENDA ITEM NO. 5.7
Item Cover Page
DATE:October 21, 2025
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:20pm)
SUBJECT:Contract Award to Hyder Construction for Public Works Fire
Sprinkler System
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Hyder Constrcution for the
Public Works Fire Sprinkle System, in an amount not to exceed
$850,000.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo 10-21-25_PW Bus Barn FS.docx
57
To: Town Council
From: Public Works Department
Date: October 21, 2025
Subject: Public Works Bus Barn Fire Sprinkler Contract Options
I. SUMMARY
As discussed at previous Council meetings, the existing fire sprinkler system in the bus
barn is not adequate to suppress a battery fire should it occur in one of the electric
buses. Over the past several months staff has reached out to Hyder Construction,
General Contractor for the Public Works Facility Addition and now the Dobson Ice
Arena Project, in order to get an updated cost for this Fire Sprinkler project. In August,
the estimate was ~$1.6M based on schematic design plans. In September our design
consultant provided performance specifications to provide additional detail to price.
Based on the schematic plans and performance specifications a more detailed proposal
was provided from Hyder last week in the amount of ~$800k. This amount is within the
2025 total project budget of ~$1M.
At this point, the town has two options:
Direct the Town Manager to negotiate and award a contract to Hyder in an
amount not to exceed $850k, based on the existing schematic design and
performance specifications.
OR, direct staff to develop final plans and specifications and bid package in order
to formally bid the project in 2026; with the understanding that the cost may go
up or down from the current $800k proposal.
II. BACKGROUND
The existing fire sprinkler system in the bus barn is not adequate to suppress a battery
fire should it occur in one of the electric buses. Electric vehicles and batteries burn
much hotter and longer than gas powered vehicles. This project was originally proposed
in the 2023 budget process with an estimated design and construction cost of $600k. In
the 2025 first supplemental, an additional $180k was approved to support a higher
construction cost. In addition, staff had also identified savings in the Bus Barn Battery
Charger project of ~$270k; giving a total budget of $~1M for the Fire Sprinkler Project.
58
Town of Vail Page 2
The initial August estimate from Hyder for the project was ~1.6M, well over the current
budget. Therefore staff suggested to add another $700k to the project in 2026 to
provide a total budget of ~$1.75M. The updated proposal from Hyder is now ~$800k
with a 2 month completion schedule starting in November. This new proposal is within
the current 2025 budget and if the town moves forward now with Hyder, the additional
$700k would not need to be added to the 2026 budget. However, if we do not move
forward with Hyder now, staff recommends keeping the additional $700k in the 2026
budget in case the results of a formal public bid process are not as favorable.
This project will provide best practice fire protection for the Town of Vail bus barn and
buses which has a replacement value of $30M-$40M. At this time there is no Building
Code requirement for this, nor are there any current practice standards that will
completely extinguish electric bus fires. Best practice at this time is a Fire Sprinkler
Deluge system with roof vents as designed. If we move forward with this FS system,
there is no guarantee it will save all assets; however, it will minimize any potential
damage and assist the ability of the Fire Department to fight a fire safely. There also is
no guarantee that a different code required solution may be developed/required in the
future, but at this time there is none. This project is a best practice solution to save
extensive damage to Vail’s fleet of buses, structure, property and employees. If there is
a fire event in the bus barn without any type of adequate suppression the loss of buses
could cripple our transit system as a whole, with replacements being 1 -2 years out.
III. RECOMMENDATION
Staff recommends that during this evenings Council meeting under Consent Agenda,
Council directs the Town Manager to negotiate and award a contract to Hyder
Construction to complete the Public Works Bus Barn Fire Sprinkler system in an
amount not to exceed $850k.
59
AGENDA ITEM NO. 5.8
Item Cover Page
DATE:October 21, 2025
SUBMITTED BY:Beth Markham, Environmental Sustainability
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (6:20pm)
SUBJECT:Letter of Support for the Colorado Energy Office Impact
Accelerator Grant
SUGGESTED ACTION:Approve, approve with amendments, or deny the Letter of Support to
participate in the Impact Accelerator Grant with a regional cohort of
municipalities in Eagle and Pitkin counties.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Impact Accelerator Council Memo 10.21.25.pdf
Impact_Grant_Vail_Letter_of_Support.pdf
60
To: Town Council
From: Department of Environmental Sustainability
Date: October 21st, 2025
Subject: Colorado Energy Office Impact Accelerator Grant Opportunity Discussion
I. Purpose:
The purpose of this memo is to provide details to the Vail Town Council about the
Colorado Energy Office Impact Accelerator Grant Application and required Letter of
Commitment.
II. Background
The Impact Accelerator grant opportunity is available to applicants to accelerate
improvements to the built environment that result in improved energy efficiency and
reduced emissions. The Vail Town Council has a strategic goal to reduce greenhouse
gas emissions communitywide by 50% by 2030 and 80% by 2050 and buildings are the
most significant source of carbon pollution in Vail. Additionally, many homes and
buildings in Vail would benefit from upgrades that address not only emissions but also
health and safety, improved comfort, and reduced energy bills.
The Town of Vail is invited to join a regional group of municipalities and counties,
including Aspen, Pitkin County, Avon, Eagle County, the Town of Eagle, Minturn, and
others to apply for up to $2 million in grant funding, $250,000 of which would be directly
available to Vail residents and building owners to make upgrades and improve
efficiency in local homes and buildings. The applicant communities will also collaborate
together to craft policy regarding building efficiency in order to coordinate and make
consistent a regional approach to the State’s low carbon and energy code, which will be
required in future code adoption cycles. A consistent approach is beneficial to the
building workforce as it reduces confusion and creates a similar code for builders to
follow regionally. The communities are not committing to adoption of any policy, only to
work on a regional approach to building codes.
A matching amount of $10,000 towards supporting building efficiency is required, plus
some staff time. This contribution can be considered part of the Town’s ongoing support
of community energy efficiency through the Energy Smart Colorado program, so a new
budget request for the match is not needed. Funds would be administered through a
third party, like the current rebate program, and benefit Vail residents and businesses.
61
Town of Vail Page 2
The grant application requires a letter of support from the Vail Town Council. This letter
indicates that the Vail Town Council is supportive of pursuing grant funding to improve
homes and buildings in Vail, and would consider policy changes in the future, such as
an exterior energy program.
III. Discussion
Does the Vail Town Council support moving forward with the grant application?
IV. Staff Recommendation
If Council is willing to move forward, Staff recommend that the Mayor sign the Letter of
Support.
V. Next Steps
Staff will submit the Letter of Support and proposed budget for the $250,000 to the lead
grant applicant.
VI. Attachments:
a. Impact Grant Vail Letter of Support
b. Impact Accelerator Presentation
62
75 South Frontage Road West Town Council
Vail, Colorado 81657 970.479.2106
vail.gov 970.479.2157 fax
October 21st, 2025
ATTN: Colorado Energy Office
1600 Broadway, Suite 1960
Denver, CO 80202
RE: Local IMPACT Accelerator Application Letter of Commitment to Support “High-Performing
Mountain Communities: A Regional Approach to Energy Code Innovation and Retrofit
Implementation”
Dear Russ Sands,
I am writing to confirm the Town of Vail’s commitment to participate in the Mountain Region
Cohort’s High-Performing Mountain Communities: A Regional Approach to Energy Code Innovation
and Retrofit Implementation application which is being submitted for funding under the Local
IMPACT Accelerator. We feel confident about our ability to participate in this project and explore
adoption of above state minimum code standards to address exterior energy uses because:
1. We have already demonstrated our commitment to advanced building code updates
through participation in the Regional Net Zero Roadmap project in 2024. This Roadmap
outlines how jurisdictions will work towards achieving the net zero energy code. The Town
of Vail’s Strategic Plan includes strategies to work towards a net zero energy code.
2. The Town of Vail already dedicates staff time to updating building codes on a three-year
cadence, and would otherwise be working on code updates during the grant-identified
timeline.
3. The Town of Vail has adopted the Climate Action Plan for Eagle County Communities,
committing our Town to reducing 50% of greenhouse gas emissions by 2030, and 80% by
2050, and adopting net zero building codes by 2030.
We are pleased to contribute staff time and a local funding match to support this project. As
outlined in the grant application, the Town of Vail is committed to the following:
1. Leverage matching funding to support efficiency and electrification upgrades for local
housing and businesses within the Town of Vail through the Energy Smart Colorado
program.
2. Meet the match requirement by supplying in-kind contributions made up of staff hours not
directly associated with the application.
3. Work with the other cohort communities involved in this application to successfully
accomplish what this application details.
63
Town of Vail Page 2
The Town of Vail looks forward to working closely with the Mountain Regional Cohort communities
to make this initiative a success. Please do not hesitate to contact town staff if you require any
additional information or documentation.
We are enthusiastic about the opportunity to make an impact on the local community.
Sincerely,
Travis Coggin
Mayor, Town of Vail
64
AGENDA ITEM NO. 6.1
Item Cover Page
DATE:October 21, 2025
TIME:15 min.
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Action Items
AGENDA SECTION:Action Items (6:20pm)
SUBJECT:Contract Award to Apex Rockfall Mitigation for Rock Fall
Mitigation (6:20pm)
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Apex Rockfall Mitigation for rock
fall mitigation, in an amount not to exceed $1.9M.
PRESENTER(S):Tom Kassmel, Director of Public Works and Transportation
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo 10-21-25 - Rockfall Mitigation.docx
65
TO: Vail Town Council
FROM: Public Works Department
DATE: October 21, 2025
SUBJECT: Contract Negotiation for Rockfall Mitigation
I. SUMMARY
The Town of Vail has been working through options for rockfall mitigation above Lions
Ridge Loop for the past couple of months to address recent rockfall events. Initial
efforts of rock scaling earlier this summer were unsuccessful and the Town now needs
to shift methods to provide mitigation. In order to provide the best opportunity to
complete this mitigation this fall, staff recommends that the Town Council allow the
Town Manager to negotiate a contract with Apex Rockfall Mitigation, a qualified rockfall
contractor in an amount not to exceed $1.9M.
II. RECOMMENDATION
Staff recommends that the Council directs the Town Manager to negotiate and execute
a contract with Apex Rockfall Mitigation in an amount not to exceed $1.9M to complete
the rockfall mitigation.
III. ATTACHMENTS
LRL Rockfall Mitigation Presentation
66
AGENDA ITEM NO. 6.2
Item Cover Page
DATE:October 21, 2025
TIME:20 min.
SUBMITTED BY:Heather Knight, Community Development
ITEM TYPE:Action Items
AGENDA SECTION:Action Items (6:20pm)
SUBJECT:Resolution No. 50, Series of 2025, A Resolution of the Vail Town
Council Approving Amendments to Section V, Goals, Objectives,
Policies, and Action Steps, and Section VII, Vail Village Sub-
Areas, Commercial Core I, Sub-Areas #3, of the Vail Village
Master Plan (6:35pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 50,
Series of 2025.
PRESENTER(S):Matt Gennett, Director of Community Development
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Res. No. 50 Council Memo.pdf
Resolution No. 50, Series of 2025.pdf
101325 Vail Village Master Plan Amendment - Red Lion Building.pdf
Ruther Memo-Amendment to Vail Village Master Plan.pdf
67
TO: Vail Town Council
FROM: Community Development Department
DATE: October 21, 2025
SUBJECT: Resolution No. 50, Series of 2025, A Resolution of the Vail Town Council
Approving Amendments to Section V, Goals, Objectives, Policies, and Actions
Steps, and Section VII, Vail Village Subareas, Commercial Core I, Subarea #3, of
the Vail Village Master Plan.
Applicant: Red Lion Building, LLC, represented by George Ruther, Ruther
Associates, LLC
Planner: Matt Gennett
______________________________________________________________________
I. INTRODUCTION
The applicant, Red Lion Building, LLC, represented by George Ruther, Ruther &
Associates, LLC, is requesting a recommendation to the Vail Town Council, pursuant to
Section 3-2-6A, Function, Vail Town Code, to amend the Vail Village Master Plan, Goal
#2 by adding a new action step (#7), and amend the written narrative and map reference
for the Commercial Core 1 subarea (#3).
The proposed master plan amendment would include more general references to master
plan policies and more specific reference to individual buildings and properties within the
Village. Like other references in the master plan regarding specific buildings and
properties, the purpose of the amendment is to articulate the development goals and
objectives of a future redevelopment of the Red Lion Building.
The Vail Village Master Plan was originally adopted on January 16, 1990, and was last
updated on February 18, 2009.
68
Town of Vail Page 2
II. PROPOSED AMENDMENTS
Attached to this memorandum is the applicant’s narrative which includes the proposed
amendments, as described in section I of this memorandum and shown in bold text in
Attachment A. The applicant will provide a presentation to the Council to further elaborate
on the proposed amendments during the hearing of this item at the October 21 meeting.
III. APPLICABLE PLANNING DOCUMENTS
Title 12 Zoning Regulations
Article 12-7B: Commercial Core 1 (CC1) Zone District (in-part):
§ 12-7B-1 PURPOSE.
The Commercial Core 1 District is intended to provide sites and to maintain the unique
character of the Vail Village commercial area, with its mixture of lodges and commercial
establishments in a predominantly pedestrian environment. The Commercial Core 1
District is intended to ensure adequate light, air, open space and other amenities
appropriate to the permitted types of buildings and uses. The zoning regulations in
accordance with the Vail Village Urban Design Guide Plan and Design Considerations
prescribe site development standards that are intended to ensure the maintenance and
preservation of the tightly clustered arrangements of buildings fronting on pedestrian
ways and public greenways, and to ensure continuation of the building scale and
architectural qualities that distinguish the village.
Vail Village Master Plan (in-part)
IV. Purpose of the Plan
This Plan is based on the premise that the Village can be planned and designed as a
whole. It is intended to guide the Town in developing land use laws and policies for
coordinating development by the public and private sectors in Vail Village and in
implementing community goals for public improvements. It is intended to result in
ordinances and policies that will preserve and improve the unified and attractive
appearance of Vail Village. This Plan emphasizes the critical need to balance and
coordinate parking and transportation systems with future improvements to Vail
Mountain that will increase the "in and out of Valley" lift capacity. Most importantly,
this Master Plan shall serve as a guide to the staff, review boards, and Town Council
in analyzing future proposals for development in Vail Village and in legislating effective
ordinances to deal with such development. Furthermore, the Master Plan provides
valuable information for a wide variety of people and interests. For the citizens and
guests of Vail, the Master Plan provides a clearly stated set of goals and objectives
outlining how the Village will grow in the future
Goal #2 To Foster a Strong Tourist Industry and Promote Year-Around Economic Health
and Viability for the Village and for the Community as a Whole.
69
Town of Vail Page 3
Objective 2.1: Recognize the variety of land uses found in the 11 sub-areas throughout
the Village and allow for development that is compatible with these established land use
patterns.
Policy 2.4.2: Activity that provides nightlife and evening entertainment for both the guest
and the community shall be encouraged.
Objective 2.5: Encourage the continued upgrading, renovation and maintenance of
existing lodging and commercial facilities to better serve the needs of our guests.
Goal #2 Action Steps:
1. Initiate zoning code modifications to clarify the Urban Design Guide Plan's authority to
cover those areas outside of; Commercial Core I that are referenced by the Urban Design
Guide Plan. (Completed)
2. Develop and adopt an Economic Development Strategic Plan for the Town of Vail.
3. Create a special events venue map for Vail Village. The map should include existing
and potential special event venue locations with an indication of how many participants
the venue can accommodate. Other logistical considerations such as event set up
configurations, vehicular access, pedestrian circulation, emergency vehicle
accommodations, compatibility with adjacent and surrounding uses, etc. should also be
noted on the map.
4. In cooperation with the Eagle River Water and Sanitation District, explore the creation
of stormwater management regulations aimed at preserving and protecting the water
quality of Gore Creek to ensure that the creek and its adjacent riparian corridors remains
healthy and vibrant.
5. Explore the adoption of land use policies regarding certain land uses (ie real estate
offices, professional offices and similar non-retail uses) addressing horizontal zoning of
public accommodation zone district properties within the area governed by the Vail Village
Master Plan.
6. Establish a clear policy related to the use of the public right-of-way and other similar
public property for the outdoor display of merchandise and goods and make any
amendments to the town’s adopted codes as necessary to implement the desired policy.
Commercial Core 1 Sub-Area (#3)
70
Town of Vail Page 4
This pedestrianized area of the Village represents the traditional image of Vail. A mixture
of residential and commercial uses, limited vehicular access, and inter-connected
pedestrian ways are some of the characteristics that distinguish this area from other
portions of the Village. With the exception of embellishing pedestrian walkways,
developing plazas with greenspace, and adding a number of infill developments, it is a
goal of the community to preserve the character of the Village as it is today.
The core area, with its predominantly Tyrolean architecture; is the site of the earliest
development in Vail. Over time, a need to upgrade and improve infrastructure such as
loading and delivery facilities, drainage, paved surfaces and other landscape features has
become apparent. Many improvements to public spaces will be addressed as part of an
overall streetscape improvement project. There is also the potential to initiate a number
of these improvements in conjunction with private sector development projects.
Although it is a goal to maintain design continuity in the Village core, there will be change
in the core area's built environment. This is mostly due to the number of properties that
have not exercised their full development rights. Most notable among these properties
are the Red Lion Building, the Cyranos Building, the Lodge at Vail, and the Covered
Bridge Building. If each of these and other properties develop to their full potential, there
will undoubtedly be a significant increase in the level of development in the Village core.
The Vail Village Urban Design Guide Plan has been the primary tool in guiding private
development proposals in the core area since 1980. The Guide Plan will continue to be
used in conjunction with the goals and design criteria outlined in the Vail Village
MasterPlan. Infill and redevelopment proposals shall be reviewed for compliance with the
design criteria, goals, objectives and policies established in these respective plans.
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.
1.3 The quality of development should be maintained and upgraded whenever
possible.
Town of Vail 2024 Five Year Strategic Plan:
2. Mission and Vision
The Town of Vail’s Vision is: To be the premier mountain resort community in the world.
4. C. Strategic Priority - Provide an Authentic Vail Experience: Vail’s vision
of being the premier mountain resort community despite a trend towards
71
Town of Vail Page 5
homogeneity in the ski industry will be achieved by creating programming
and events authentic to Vail’s pioneering and entrepreneurial spirit. We
are a community that celebrates the sport of skiing and mountain town
living.
Desired Results:
C.2: By 2029, Vail will create a seamless, vibrant, inclusive experience as
people move from the mountain into town and from town onto the
mountain as measured in guest intercept surveys. As our guests and
residents’ transition, whether on skis, bikes or on foot, between the Town
and Vail Mountain they will be enticed and welcomed by programming that
creates an energetic and fun vibe ready to greet them at the base area.
C.3: By June 2025, modify town codes to support vibrancy (special
events, live entertainment, nightlife).
C.4: By 2027, 70% of individuals under 40 will state “Vail is a kickass
place” as measured by the net promotor score.
IV. CONSIDERATIONS FOR REVIEW
The adoption of an amendment or update to a master plan must 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.
Conditions have changed significantly since the plan was first adopted in January
of 1990 and last updated in February of 2009. To achieve the goals of the Town of
Vail 2024 Five Year Strategic Plan, the Town’s planning documents, and zoning
regulations require updates.
The Planning and Environmental Commission found the proposed amendment to
be in conformance with this consideration.
B. How is the original plan in error?
As stated under the previous consideration, conditions have changed since the
plan’s adoption. Much of the language provided in the plan requires amendments
to reflect the contemporary goals and aspirations of the Town and community.
72
Town of Vail Page 6
The Planning and Environmental Commission found the proposed amendment to
be in conformance with this consideration.
C. How the addition, deletion, or change to the Plan is in concert with the plan
in general.
The underlying policy objectives and purpose of the Vail Village Master Plan are
not proposed to change with this amendment. The changes proposed by this
amendment are consistent with the theme and structure of the plan, serving to
update and enhance the goals and site-specific recommendations for the core
areas of the villages, including the site known as the ‘Red Lion Building’.
The Planning and Environmental Commission found the proposed amendment to
be in conformance with this consideration.
V. RECOMMENDED MOTION
On October 13, 2025, Planning and Environmental Commission (PEC) forwarded a
recommendation of approval to the Vail Town Council, pursuant to Section 3-2-6A,
Function, Vail Town Code, to amend the pertinent sections of the Vail Village Master Plan.
Their recommendation is based upon the application’s conformance with the
considerations for review outlined in Section IV of this memorandum and the evidence
and testimony presented.
The PEC’s recommendation included a suggestion that the following language be deleted
from the applicant’s proposal (shown in strikethrough text):
7. (excerpted)
Recognizing the important role that eating and drinking establishments play
in achieving the public policies of the Town of Vail, and the overall success and
vibrancy of Vail Village, adopt a land use policy which protects and preserves
eating and drinking establishments from conversion to other potentially lesser
important land uses. To be successful long-term, the Town should explore the
creation of economic land use incentives in exchange for protecting, preserving
and enhancing eating and drinking establishments.
#3-9 (excerpted)
To further promote activity and vibrancy at the street level, existing outdoor
dining patio areas should be maintained and expanded. The Town of Vail should
collaborate with the Red Lion Building owner to allow expanded outdoor dining
patios to extend onto the Town right of way. Residential uses may remain
provided the dwelling units comply with adopted Zoning Regulations.
73
Town of Vail Page 7
Should the Town Council choose to approve Resolution No. 50, Series of 2025, the
Community Development Department recommends the Council pass the following
motion:
“The Town Council moves to approve Resolution No. 50, Series of 2025, A
Resolution of the Vail Town Council Approving Amendments to Section V, Goals,
Objectives, Policies, and Actions Steps, and Section VII, Vail Village Subareas,
Commercial Core I, Subarea #3, of the Vail Village Master Plan, pursuant to
Section 3-2-6A, Function, Vail Town Code, with the findings listed in the October
21, 2025, staff memorandum.”
“Based upon the review of the criteria outlined in Section VII of the Staff
memorandum to the Vail Town Council dated October 21, 2025, and the evidence
and testimony presented, the Council 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
Attachment A. Resolution No. 50, Series of 2025.
Attachment B. Applicant Narrative with proposed amendments shown in bold text.
74
RESOLUTION NO. 50
SERIES 2025
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING
AMENDMENTS TO SECTION V, GOALS, OBJECTIVES, POLICIES,
AND ACTION STEPS, AND SECTION VII, VAIL VILLAGE SUB-AREAS,
COMMERCIAL CORE I, SUB-AREAS #3, OF THE VAIL VILLAGE
MASTER PLAN
WHEREAS, on January 16, 1990, the Town Council adopted the Vail Village
Master Plan (the "Master Plan") by Resolution 2, Series 1990;
WHEREAS, on August 25, 2025, pursuant to Section VIII of the Master
Plan, Red Lion Building, LLC ("Applicant"), applied to amend the Master Plan (the
"Application");
WHEREAS, on October 13, 2025, the Planning and Environmental Commission
(the "PEC") held a noticed public hearing on the Application, and forwarded a
recommendation of approval to the Town Council regarding the Application; and
WHEREAS, on October 21, 2025, the Town Council held a 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 amendments to the Master Plan
as set forth in Exhibit A, attached hereto and incorporated herein by this reference.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 21st DAY OF OCTOBER,
2025.
______________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kaufmann, Town Clerk
1 75
EXHIBIT A
Master Plan Amendments
1. Section V of the Master Plan is amended as follows:
7. Recognizing the vital role that eating and drinking establishments play in achieving
the public policies of the Town of Vail, and the overall success and vibrancy of Vail
Village, adopt a land use policy that protects and preserves eating and drinking
establishments from conversion to other potentially less vital land uses. To be
successful long-term, the Town should explore the creation of economic land use
incentives in exchange for protecting, preserving, and enhancing eating and drinking
establishments.
2. Section VII of the Master Plan is amended as follows:
#3-9 Red Lion Building
Given its prominent
location at the top of
Bridge Street in Vail
Village, the Red Lion
Building plays a crucial
role in ensuring that
Vail Village remains a
pedestrian-friendly
environment with a
distinct sense of place
and purpose. This
sense of place and
purpose is dependent
upon active nightlife
and evening
entertainment. An
Active nightlife, along
with evening
entertainment,
contributes positively
to the vibrancy and
activity of Vail Village.
Eating and drinking
establishments are
crucial to the Town's economy and are essential to maintaining Vail Village as a
pedestrian-friendly environment that offers nightlife and evening entertainment.
Future redevelopment of the Red Lion Building shall ensure there is no net loss of
square footage of existing eating and drinking establishments. As per the Town’s
Zoning Regulations, eating and drinking establishments are permitted on both the
street level and below-grade levels of the building. To further promote activity and
vibrancy at the street level, existing outdoor dining patio areas should be maintained
and expanded. The Town of Vail should collaborate with the Red Lion Building owner
to allow expanded outdoor dining patios to extend onto the Town's right-of-way.
Residential uses may remain provided the dwelling units comply with adopted Zoning
Regulations. The additional design detail noted in the Urban Design Guide Plan is to
be used when considering the redevelopment of the Red Lion Building, with
particular focus on Seibert Circle. Special emphasis on 1.1, 1.2, 1.4, 2.2, 2.4, 2.5, 3.2,
3.3, 5.4, 6.1. 76
77
RUTHER ASSOCIATES LLC 1
AMENDMENT TO THE VAIL VILLAGE MASTER PLAN
PEC25-0029
August 26, 2025
I.Purpose
This section of the document lists the review criteria for consideration of an amendment to the Vail
Village Master Plan. As discussed herein, the Applicant has submitted a development application to
amend the Commercial Core 1, Sub-Area #3, within the Vail Village Master Plan. More specifically,
the amendment proposes to protect, preserve and enhance the nightlife, pedestrian street activity
and vibrancy in Vail Village by ensuring that there is no net loss of area of eating and drinking
establishments and outdoor dining patio areas within the Red Lion Building as a result of future
redevelopment.
II.Background
Eating and drinking establishments and outdoor dining patio dining area have proven to be critical
economic generators and important contributors to the vibrancy and activation of the Town’s
commercial core areas. Given the expressed value of these two land uses, it is further recommended
that the Town provide economic zoning incentives to private sector property owners that support
these valued land uses. Economic incentives have been widely used elsewhere in the Town of Vail
with demonstrated success instances where the Town desires a specific land use.
III.Proposed Amendment
The Applicant is proposing to amend the Vail Village Master Plan. This amendment would include
more general references to master plan policies as well as more specific reference to individual
buildings and properties within the Village. Similar to other references in the master plan with
respect to specific buildings and properties, the purpose of the amendment is to intentionally
articulate the development goals and objectives of a future redevelopment of the Red Lion Building.
The proposed amendments are noted below (additions are in bold; deletions are in strikethrough)
GOAL #2 Action Steps:
1.Initiate zoning code modifications to clarify the Urban Design Guide Plan's authority to
cover those areas outside of; Commercial Core I that are referenced by the Urban Design
Guide Plan. (Completed)
2.Develop and adopt an Economic Development Strategic Plan for the Town of Vail.
3.Create a special events venue map for Vail Village. The map should include existing
and potential special event venue locations with an indication of how many participants
the venue can accommodate. Other logistical considerations such as event set up
configurations, vehicular access, pedestrian circulation, emergency vehicle
accommodations, compatibility with adjacent and surrounding uses, etc. should also be
noted on the map.
78
RUTHER ASSOCIATES LLC 2
4. In cooperation with the Eagle River Water and Sanitation District, explore the creation of
stormwater management regulations aimed at preserving and protecting the water quality
of Gore Creek to ensure that the creek and its adjacent riparian corridors remains healthy
and vibrant.
5. Explore the adoption of land use policies regarding certain land uses (ie real estate
offices, professional offices and similar non-retail uses) addressing horizontal zoning of
public accommodation zone district properties within the area governed by the Vail Village
Master Plan.
6. Establish a clear policy related to the use of the public right-of-way and other similar
public property for the outdoor display of merchandise and goods and make any
amendments to the town’s adopted codes as necessary to implement the desired policy.
7. Recognizing the important role that eating and drinking establishments play in
achieving the public policies of the Town of Vail, and the overall success and vibrancy
of Vail Village, adopt a land use policy which protects and preserves eating and
drinking establishments from conversion to other potentially lesser important land
uses. To be successful long-term, the Town should explore the creation of economic
land use incentives in exchange for protecting, preserving and enhancing eating and
drinking establishments.
Vail Village Master Plan Sub-Areas
A major goal of this Plan is to address the Village as a whole and at the same time be sensitive to
the opportunities and constraints that may exist on a site-specific basis. To facilitate long range
planning unique to each area of the Village, ten different sub -areas are delineated in this Plan. Sub-
areas were determined based on a number of different considerations. Foremost among these
were:
• design and site characteristics,
• geographic or physical boundaries,
• land uses and ownership patterns
The 10 sub-areas provide detailed descriptions of each sub-area concept and express the
relationship between the specific sub-area concepts and the overall Plan. The applicable goals
and objectives are cited for each of the sub area concepts at the end of each description under
"special emphasis."
In support of the amendment to Goal #2 above, the applicant is further proposing to amend the
written narrative and the map reference for the Commercial Core 1 (#3) sub -area as noted below:
79
RUTHER ASSOCIATES LLC 3
#3-9 Red Lion Building
Given its prominent location
at the top of Bridge Street in
Vail Village, the Red Lion
Building plays an important
role in ensuring Vail Village is
a pedestrian-friendly
environment with a sense of
place and purpose. This
sense of place and purpose is
dependent upon active night
life and evening
entertainment. An Active
night life along with evening
entertainment contributes
positively to the vibrancy and
activity of Vail Village. Eating
and drinking establishments
are critical to the Town's
economy and are necessary
to ensure that Vail Village
remains a pedestrian-friendly
environment that provides
nightlife and evening
entertainment. Future redevelopment of the Red Lion Building shall ensure there is no net loss
of square footage of existing eating and drinking establishments. As per the Town’s Zoning
Regulations, eating and drinking establishments are permitted on both the street level and
below grade levels of the building. To further promote activity and vibrancy at the street level,
existing outdoor dining patio areas should be maintained and expanded. The Town of Vail
should collaborate with the Red Lion Building owner to allow expanded outdoor dining patios
to extend onto the Town right of way. Residential uses may remain provided the dwelling units
comply with adopted Zoning Regulations. The additional design detail noted in the Urban
Design Guide Plan is to be used when considering the redevelopment of the Red Lion Building
with particular focus on Seibert Circle. Special emphasis on 1.1, 1.2, 1.4, 2.2, 2.4, 2.5, 3.2, 3.3,
5.4, 6.1.
80
RUTHER ASSOCIATES LLC 4
IV. Demonstration of Compliance with Review Criteria
Contained within are the Applicant’s responses demonstrating how the Amendment complies with
the review criteria. Of importance, to be recommended for approval, the Town of Vail Planning &
Environmental Commission is to find that the Applicant has demonstrated compliance with at least
one of the following review criteria:
Vail Village Master Plan, Land Use Plan
• How conditions have changed since the Plan was adopted,
Applicant’s Response:
Much has changed since the adoption of the Vail Village Master Plan in 1990. The Town of Vail, and
Vail Village more specifically, experienced a significant rejuvenation as a result of Vail’s New Dawn in
the late 1990’s and the early 2000’s. Vail’s New Dawn brought more than $2.5 billion of private sector
reinvestment into the Vail community. A large percentage of this investment was realized within the
commercial core areas governed by the Vail Village Master Plan. Little, if any of the reinvestment,
however, occurred within the Red Lion Building.
81
RUTHER ASSOCIATES LLC 5
After nearly 60 years, the commercial condominium units within the Red Lion Building are showing
their age and need for redevelopment and upgrading. Minor remodels and partial refurbishments are
no longer enough to keep pace. A larger-scale redevelopment is required. This change in condition,
and the acknowledgement that the Master Plan has not been updated or amended with respect to
ensuring certain desired public policies are achieved, warrants the need to amend the Master Plan
as it relates to the Red Lion Building at this time. The proposed amendment effectively articulates
the Town’s desired public policy and furthers the stated development goals and objectives of
protecting, preserving and enhancing eating and drinking establishments in Vail Village through a no
net loss of area obligation.
Further, if for no other reasons, it has been nearly two decades since the Vail Village Master Plan
document was last updated and amendments are necessary, on a case-by-case basis, to remain
relevant.
• How the Plan is in error, and/or
Applicant’s Response:
The Vail Village Master Plan is not necessarily in error, though an amendment adds credibility to the
Plan in general as it recognizes ever changing conditions affecting the success of the 35 -year old
document.
• How the addition, deletion, or change to the Plan is in concert with the Plan in general.
Applicant’s Response:
The addition of the amending language is in concert with the Plan in general. The Vail Town Council
has articulated a public policy of protecting, preserving and enhancing eating and drinking
establishments in Vail Village specifically, and the Town’s commercial areas in general. The
proposed amendment achieves this policy and ensures the Town realizes its stated development
goals and objectives.
This amendment is in concert with the Plan in general and justified for the following reasons:
✓ The approach is site-specific in ensuring no net loss of area of eating and drinking
establishment and outdoor dining patio at the Red Lion Building.
✓ Given its site-specific approach, the likelihood of experiencing unintended consequences of
a more broadly applied approach is lessened.
✓ The amendment mutually aligns the property owner’s development goals and objectives with
those of the Town.
✓ The amendment achieves the desired outcome, and it is simple to implement and effective.
✓ The amendment can be implemented on a timely basis with little to no community debate or
controversy.
82
83
84
85
86
87
88
AGENDA ITEM NO. 6.3
Item Cover Page
DATE:October 21, 2025
TIME:5 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Action Items
AGENDA SECTION:Action Items (6:20pm)
SUBJECT:Ordinance No. 21, Series of 2025, First Reading, An Ordinance
Amending Chapter 13 of Title 7 of the Vail Town Code Regarding
Designated Loading and Delivery Areas (6:55pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 21,
Series of 2025 upon first reading.
PRESENTER(S):Chief Ryan Kenney, Vail Police Department
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
L&Dordinancechanges2.docx
Loading Areas-O100125.docx
89
October 1, 2025
To: Town Council
Through: Russell Forrest
Town Manager
From: Ryan Kenney
Chief of Police
Subject: Ordinance Change
Recent loading and delivery violations have been occurring with greater frequency in the outlying
areas of the Village Core. As enforcement strengthens within the Village, delivery companies are
getting creative with locations they can deliver from.
To strengthen the code, we are requesting Town Council approve the proposed amendment to
chapter 13, title 7. 7-13-2 will now read, “Loading and delivery within the Village Core shall only
occur in a loading dock in conformance with this Chapter, or in a designated loading area. For
purposes of this Chapter, the Village Core shall mean the area south and east of South Frontage
Road, west of Vail Valley Drive, and north of Mill Creek Road and Forest Road.
These changes will clearly establish the boundaries of the Village Core and where loading and
delivery violations can be enforced.
90
10/7/2025
C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@BC174E22\@BCL@BC174E22.DOCX
ORDINANCE NO. 21
SERIES 2025
AN ORDINANCE AMENDING CHAPTER 13 OF TITLE 7 OF THE VAIL
TOWN CODE REGARDING DESIGNATED LOADING AND DELIVERY
AREAS
WHEREAS, the Town Council desires to clarify that loading and delivery may only
occur within designated loading and delivery areas in the Village Core.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 7-13-2 is hereby renumbered to 7-13-3, Section 7-13-3 is
hereby renumbered to 7-13-4, and Section 7-13-4 is hereby renumbered to Section 7-13-
5.
Section 2. Chapter 13 of Title 7 of the Vail Town Code is hereby amended by
the addition of the following section:
§ 7-13-2 DESIGNATED LOADING AREAS.
Loading and delivery within the Village Core shall only occur in a loading
dock in conformance with this Chapter, or in a designated loading area. For
purposes of this Chapter, the Village Core shall mean the area south and
east of South Frontage Road, west of Vail Valley Drive , and North of Mill
Creek Road and Forrest Road.
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 Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
91
2
10/7/2025
C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@BC174E22\@BCL@BC174E22.DOCX
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 Kaufmann, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2025.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
92
AGENDA ITEM NO. 6.4
Item Cover Page
DATE:October 21, 2025
TIME:10 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Action Items
AGENDA SECTION:Action Items (6:20pm)
SUBJECT:Ordinance No. 22, Series of 2025, First Reading, An Ordinance to
Amending Chapter 3 of Title 6 of the Vail Town Code, Regarding
Unlawfully Disobeying Peace Officers (7:00pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 22,
Series of 2025 upon first reading.
PRESENTER(S):Chief Ryan Kenney, Vail Police Department
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Ordinance chapter 3 title 6.docx
Disobey Peace Officer-O091925.docx
93
October 6, 2025
To: Town Council
Through: Russ Forrest
Town Manager
Ryan Kenney
Chief of Police
Matthew Westenfelder
Deputy Chief of Police
From: Ryan Kwitkin
Administrative Commander
Subject: Ordinance to Amend Chapter 3 of Title 6
The Vail Police Department is requesting Town Council approve an amendment to Vail Town
Code 6-3A-5. This request is based on recent case law that applies to the lawful requests of a
person to identify themselves to peace officers. This new case law has caused two state statutes to
contradict creating difficulty charging suspects when they refuse to identify themselves.
After consulting with our town attorney, it was suggested adding to our town code Disobeying a
Peace Officer. We are requesting to add section (C) to 6-3A-5 Resisting an Officer, where it would
become unlawful for any person to knowingl y disobey the lawful and reasonable order of a peace
officer given in the course of a peace officer’s official authority and provide penalties for violation
of this section.
I am respectfully requesting that the Town of Vail adopt a resolution to amend Chapter 3A of Title
6 regarding Resisting an Officer.
94
10/7/2025
C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@9C140166\@BCL@9C140166.DOCX
ORDINANCE NO. 22
SERIES 2025
AN ORDINANCE AMENDING CHAPTER 3 OF TITLE 6 OF THE VAIL
TOWN CODE, REGARDING UNLAWFULLY DISOBEYING PEACE
OFFICERS
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 6-3A-5 of the Vail Town Code is amended to read as follows:
§ 6-3A-5 RESISTING AN OFFICER.
(A) Resisting arrest. It is unlawful for any person within the town to
knowingly prevent or attempt to prevent any peace officer, acting under
color of his or her official authority, from effecting an arrest of the person by
the use or threat of physical force or violence against the police officer or by
the use of any other means which creates a substantial risk of causing
physical injury to the peace officer.
(B) Obstructing a peace officer. It is unlawful for any person within the
town to knowingly use or threaten to use violence, force or physical
interference to obstruct or impair or hinder the enforcement of the provisions
of this code or the preservation of the peace by a peace officer acting under
color of their official authority or intentionally obstruct, impair or hinder the
prevention, control or abatement of fire by a firefighter acting under color of
their official authority.
(C) Disobeying a peace officer. It is unlawful for any person to knowingly
disobey the lawful or reasonable order of a peace officer given in the course
of a peace officer's official authority.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not 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 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
95
2
10/7/2025
C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@9C140166\@BCL@9C140166.DOCX
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
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 Kaufmann, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2025.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
96
AGENDA ITEM NO. 6.5
Item Cover Page
DATE:October 21, 2025
TIME:5 min.
SUBMITTED BY:Anna Bengtson, Housing
ITEM TYPE:Action Items
AGENDA SECTION:Action Items (6:20pm)
SUBJECT:Ordinance No. 23, Series of 2025, First Reading, An Ordinance
Authorizing the Sale of Certain Real Property Known as Pitkin
Creek Park Condominium Unit 3B at a Proposed Sales Price of
$500,000.00 (7:10pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 23,
Series of 2025 upon first reading.
PRESENTER(S):Jason Dietz, Housing Director
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Ord No 23 2025 Sale of Pitkin Unit 3B memo.pdf
Ord No 23 2025 Sale of Pitkin Unit 3B (002).docx
97
To: Vail Town Council
From: Jason Dietz, Housing Director
Date: October 21, 2025
Subject: Ordinance No.23, Series of 2025, ordinance authorizing the sale of certain real property
known as Pitkin Creek Park Condominium, Unit 3B.
1. SUMMARY
The purpose of this memorandum is to provide a summary of the background seeking the
approval of the proposed Ordinance No. 23, Series of 2025. Ordinance No. 23 authorizes the
sale of certain real property owned by the Town of Vail.
2. BACKGROUND
The Town of Vail acquired Pitkin Creek Park Condominium, Unit 3B, a 2-bedroom, 2-bath, 858
sq. ft. unit for $770,000 on April 12, 2024 from a financially distressed long-time owner who was
also on hospice and lived in the unit. It was the Town’s intention to avoid a foreclosure process
and re-sell the unit at a future time as a buy-down opportunity for the local community.
Resolution 2024-15 approved the purchase of Property in alignment with Vail Town Council’s
critical action of achieving the adopted housing goal of acquiring 1,000 new deed restrictions by
the year 2027.
Pitkin Creek Park Condominium Unit 3B for sale with the Valley Home Store on July 15, 2025,
for a sales price of $600,000 with a Vail INDEED restriction. Since that time there has been very
little buyer interest in this unit. To lower the price and sell the unit Staff working with the Eagle
County Housing and Development Authority “ECHDA”, propose utilizing the County’s Good
Deeds program where the County will contribute an additional $100,000 to lower the sales price
to $500,000 with an appreciation capped Good Deeds deed restriction. This partnership would
price the unit 35% below the $770,000 market purchase price the Town originally acquired the
unit for and make it very attractive to local buyers.
The Good Deeds restriction dictates who can own and occupy the property, how it can be used,
and the maximum price for which it can be resold.
Eligibility and Occupancy Requirements: The property must be owned and occupied by an
Eligible Household as their Primary Residence or owned by a Qualified Employer and leased to
an employee who qualifies as an Eligible Household.
98
Town of Vail Page 2
Eligible Household criteria include: Using the Subject Property as their Primary Residence
(living there at least 9 out of 12 months).
Meeting Employment Qualification, primarily by working at least 30 hours per week in Eagle
County or earning at least 75% of their household income there.
Owning no other real estate, with limited exceptions for commercial property or vacant land, or
for a Qualified Employer.
Qualified Employer is an entity that regularly conducts business in Eagle County and can hold
title to the property to lease it to an Eligible Household employee.
Prohibited Uses: Short-Term Rentals (less than 30 days) are strictly forbidden.
Owners must comply with an annual certification to verify their continued eligibility and
compliance with the use and occupancy requirements.
Resale and Maximum Sales Price: The property is designated as "Price Capped For Sale
Housing," meaning its resale price is restricted to maintain affordability.
Resale Process: The sale of the property must be administered exclusively by The Valley Home
Store, as the designee of the ECHDA.
Maximum Sales Price: The property cannot be sold for more than the Initial Sales Price plus an
annual appreciation adjustment.
The appreciation is based on the percentage increase of the average wage for Eagle County
(determined by the Colorado Department of Labor and Employment). This increase is capped at
3% per year.
The owner can also add the cost of permitted capital improvements and certain real estate sales
fees to the Maximum Sales Price.
3. STAFF RECOMMENDATION
Town staff recommends the Vail Town Council approves Ordinance No. 23, Series of 2025,
upon first reading.
99
ORDINANCE NO. 23
SERIES 2025
AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN REAL
PROPERTY KNOWN AS PITKIN CREEK PARK CONDOMINIUM UNIT 3B
AT A PROPOSED SALES PRICE OF $500,000.00
WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council
authorize the sale of real property by ordinance;
WHEREAS, the Town intends to work with the Eagle County Housing and
Development Authority “ECHDA”, to utilize the County’s Good Deeds program in which
the County will contribute an additional $100,000 to lower the sales price to $500,000 with
an appreciation capped Good Deeds deed restriction; and
WHEREAS, the Town Council finds and determines that the sale of the real
property known as Pitkin Creek Park Condominium, Unit 3B, (the "Property"), is in the
best interest of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council
hereby authorizes the sale of the Property The Town Manager is hereby authorized to
sign all documents necessary to complete the sale of the Property, subject to approval of
such documents by the Town Attorney.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not 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 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 4. 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.
100
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of October, 2025 and a
public hearing for second reading of this Ordinance set for the 4th day of November, 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 4th day of November, 2025.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
101
AGENDA ITEM NO. 7.1
Item Cover Page
DATE:October 21, 2025
TIME:5 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Action Items
AGENDA SECTION:Public Hearings (7:15pm)
SUBJECT:Ordinance No. 19, Series of 2025, Second Reading, An Ordinance
Repealing and Reenacting Chapter 1 of Title 7 of the Vail Town
Code, Adopting by Reference the Model Traffic Code for
Colorado, 2024 Edition (7:15pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 19,
Series of 2025 upon second reading.
PRESENTER(S):Commander Chris Botkins, Vail Police Department
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Town Council Memo MTC_2024.docx
MTC-O100225.docx
102
August 14th, 2025
To: Vail Town Council
Through: Russ Forrest
Town Manager
Ryan Kenney
Chief of Police
From: Christopher Botkins
Operations Commander
Subject: Update to the Model Traffic Code – Adoption of 2024 Version
The Town of Vail’s Model Traffic Code (MTC) is proposed for update from the 2020 edition to
the newly released 2024 edition. This update incorporates several notable changes intended to
improve traffic safety, align with emerging transportation technologies, and clarify enforcement
provisions. The proposed adoption has been reviewed and approved by the Town’s Legal Counsel
and Town Engineers.
The 2024 MTC introduces a new definition for Class B Low-Speed Electric Vehicles (§ 109.6),
defined as vehicles capable of traveling over 25 miles per hour but less than 45 miles per hour.
This section is included as a placeholder and is not yet enforceable, pending future federal and
state regulations.
A new section on Automated Vehicle Identification Systems (AVIS) (§ 110.5) establishes
authorizations and operational requirements for photo speed enforcement and similar automated
systems. This addition provides a framework for potential future implementation of such systems
in Vail.
The code now establishes a specific violation for operating a motor vehicle without a valid license
plate (§ 202.5), ensuring consistency in enforcement when vehicles lack a properly registered and
conspicuously displayed plate.
For law enforcement safety, a requirement has been added under § 213 for police vehicles to
display at least one visible flashing, oscillating, or rotating red light visible from 500 feet during
daytime hours.
103
Town of Vail Page 2
Distracted driving provisions (§ 239) have been expanded to prohibit any activity that diverts a
driver’s hands, eyes, or attention from the road, including handheld device use. The law applies to
all drivers, includes stricter prohibitions for minors, and is now a primary offense.
Clarifications have been made to roundabout operations (§ 715), requiring drivers to yield to large
vehicles—such as trucks, buses, and RVs—that are in or entering a roundabout when they are “at
the same time or so closely as to present an immediate hazard.” Additional guidance addresses
situations involving two large vehicles entering simultaneously.
A new prohibition against passing snowplows operating in tandem (§ 1003) has been added unless
it is safe and permitted by law, improving safety for both operators and motorists during winter
road-clearing operations.
The 2024 MTC also adds a definition for Vulnerable Road User (§ 1402.5), encompassing
pedestrians, cyclists, and others susceptible to injury in crashes. The associated offense, Infliction
of Serious Bodily Injury to a Vulnerable Road User, is recognized as one of the most serious non-
violent traffic offenses under the updated code.
Lastly, bicycle and e-bike rules (§ 1412 and § 1412.5) have been revised to reflect increased e-
bike use and updated positioning rules to enhance safety for vulnerable road users.
Adopting the 2024 MTC will align the Town’s traffic regulations with statewide updates, improve
clarity in enforcement, and provide a framework for addressing emerging transportation
technologies. The Police Department recommends approval of this update to maintain consistency
with best practices and ensure the continued safety of Vail’s roadways.
104
10/8/2025
C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@3C17B57C\@BCL@3C17B57C.DOCX
ORDINANCE NO. 19
SERIES 2025
AN ORDINANCE REPEALING AND REENACTING CHAPTER 1 OF
TITLE 7 OF THE VAIL TOWN CODE, ADOPTING BY REFERENCE THE
MODEL TRAFFIC CODE FOR COLORADO, 2024 EDITION
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 1 of Title 7 of the Vail Town Code is repealed in its entirety
and reenacted as follows:
CHAPTER 1: TRAFFIC CODE
§ 7-1-1. MODEL TRAFFIC CODE ADOPTED.
The Town hereby adopts by reference the 2024 edition of the Model Traffic
Code promulgated and published by the Colorado Department of
Transportation, Safety and Traffic Engineering Branch, 2829 W. Howard
Place, Denver, CO 80204 (the "Model Traffic Code"). The Model Traffic
Code provides a system of traffic regulation for the Town. Three (3) copies
of the Model Traffic Code shall be filed with the Town Clerk and may be
inspected during regular business hours.
§ 7-1-2. AMENDMENTS.
The Model Traffic Code is amended as follows:
(A) Section 109(9) is amended to read as follows:
"(9) No person shall use a roadway for traveling on skis,
toboggans, coasting sleds, skates, or similar devices. No person
shall enter a roadway on roller skates or riding in any coaster, toy
vehicle, or similar device, except while crossing a roadway in a
crosswalk, and when so crossing such person shall be granted all of
the rights and shall be subject to all of the duties applicable to
pedestrians. This subsection shall not apply upon any street or
portion thereof designated as a limited play street for use of roller
skates, skateboards or similar devices."
(B) Section 110.5(2) is amended to read as follows:
"(2) The Town may adopt an ordinance authorizing the use of an
automated vehicle identification system to detect vio lations of traffic
regulations adopted by the Town, or the Town may utilize an
automated vehicle identification system to detect traffic violations
under state law, subject to the following conditions and limitations
and, as applicable, the requirements for state highways set forth in
and any rules adopted by the department of transportation pursuant
to subsection (2.5) of this section.
105
2
10/8/2025
C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@3C17B57C\@BCL@3C17B57C.DOCX
(a)(I) If the Town detects any alleged violation of a district court or
Town traffic regulation or a traffic violation under state law through
the use of an automated vehicle identification system, then the Town
shall issue, or cause its vendor to issue, to the registered owner of
the motor vehicle involved in the alleged violation, by first-class mail,
personal service, or by any mail delivery service offered by an entity
other than the United States postal service that is equivalent to or
superior to first-class mail with respect to delivery speed, reliability,
and price, a notice of violation."
(C) Section 110.5(4.5) is amended to read as follows:
"(4.5)(a) If the Town detects a violation of a district court or Town
traffic regulation or traffic violation under state law for disobedience
to a traffic control signal through the use of an automated vehicle
identification system, the maximum civil penalty that the Town may
impose for such violation, including any surcha rge, is seventy-five
($75) dollars.
(b) Subsection (4.5)(a) of this section does not apply within a
maintenance, construction, or repair zone designated pursuant to
section 42-4-614, C.R.S., or a school zone, as defined in section 42-
4-615(2), C.R.S."
(D) Section 110.5(4.7) is amended to read as follows:
"(4.7) If a registered owner fails to pay a penalty imposed for a
violation of a district court or Town traffic regulation or a traffic
violation under state law detected using an automated vehicle
identification system, the Town shall not attempt to enforce such a
penalty by immobilizing the registered owner's vehicle."
(E) Section 117(3) is amended to read as follows:
"(3) Unless otherwise authorized, an EPAMD shall not be
operated:
(a) On a limited-access highway;
(b) On a bike or pedestrian path; or
(c) At a speed of greater than twelve and one-half miles per hour."
(F) Sections 801 through 808 shall not apply on streets or rights -of way
designated by the Town as pedestrian malls pursuant to Chapter 11 of Title
7 of this Code.
(G) Section 1101(2) is amended to read as follows:
"(2) Except when a special hazard exists that requires a lower
speed, the following speeds shall be lawful:
(a) Fifteen (15) miles per hour in any business district;
(b) Fifteen (15) miles per hour in any residential district;
106
3
10/8/2025
C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@3C17B57C\@BCL@3C17B57C.DOCX
(c) Twenty (20) miles per hour on narrow, winding mountain
roadways and blind curves, and fifteen (15) miles per hour on the
same when pedestrians are present;
(d) Forty (40) miles per hour on open mountain roadways;
(e) Forty-five (45) miles per hour for all single rear-axle vehicles
in the business of trash disposal that exceed twenty thousand
(20,000) pounds, where higher speeds are posted, when said vehicle
is loaded as an exempted vehicle pursuant to Section 507(3);
(f) Fifty-five (55) miles per hour on open highways which are not
on the interstate system, as defined in C.R.S. § 43-2-101(2);
(g) Sixty-five (65) miles per hour on surfaced highways which are
on the interstate system, as defined in C.R.S. § 43-2-101(2); and
(h) Any speed not in excess of a speed limit designated by an
official traffic control device."
§ 7-1-3. APPLICABILITY.
The Model Traffic Code shall apply to every street, alley, sidewalk,
driveway, park, public way, private way and public or private parking area
within the corporate limits of the Town, the use of which the Town has
jurisdiction and authority to regulate.
§ 7-1-4. PENALTIES.
It is unlawful to violate any provision of this Chapter or the Model Traffic
Code. Violations of this Chapter shall be subject to the penalties set forth
in Section 7-2A-4 of this Code.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the valid ity 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 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
107
4
10/8/2025
C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@3C17B57C\@BCL@3C17B57C.DOCX
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
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 Kaufmann, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2025.
_______________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
108
AGENDA ITEM NO. 7.2
Item Cover Page
DATE:October 21, 2025
TIME:5 min.
SUBMITTED BY:Stephanie Bibbens, Housing
ITEM TYPE:Action Items
AGENDA SECTION:Public Hearings (7:15pm)
SUBJECT:Ordinance No. 20, Series of 2025, Second Reading, An Ordinance
Amending Section 12-13-5 of the Vail Town Code Regarding the
Employee Housing Unit Exchange Program (7:20pm)
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 20,
Series of 2025 upon second reading.
PRESENTER(S):Jason Dietz, Housing Director
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Staff Memo Ord. 20 of 2025.pdf
EHU Exchange Ordinance No 20 Series 2025.pdf
PEC25-0030 Staff_Memo, 9-22-2025.pdf
PEC Results 9-22-25.pdf
Enhancing EHU Exchange Opportunities.pptx
2nd Reading Housing Staff Report - Chapter 12-13-5 EHU Exchange Program Amendment.docx
109
Town of Vail 1
TO: Vail Town Council
FROM: Community Development Department
DATE: October 21, 2025
SUBJECT: Second reading of Ordinance No. 20, Series of 2025, for a prescribed
regulations amendment to Section 12-13-5(D)(5), Fee in Lieu, pursuant to
Section 12-3-7, Amendments, Vail Town Code, to allow Town Council to accept
a fee in lieu for an exchange EHU upon a finding that the exchange EHU is
being underutilized. (PEC25-0030)
Applicant: Town of Vail Housing Department
Planner: Jamie Leaman-Miller
I. SUMMARY
The applicant, the Town of Vail Housing Department, is requesting a recommendation to
the Vail Town Council for a prescribed regulations amendment to Section 12-13-5(D)(5),
Fee in Lieu, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow Town
Council to accept a fee in lieu for an exchange Employee Housing Unit (EHU) upon a
finding that the exchange EHU is being underutilized.
On September 22, 2025, the Planning and Environmental Commission (PEC) voted 5-0
to forward a recommendation of denial for the proposed amendment. On October 7th,
2025, the Town Council approved Ordinance No. 20 on first reading.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 20, Series of 2025, on second reading.
110
Town of Vail 2
III. DESCRIPTION OF REQUEST
The proposal would amend Section 12-13-5, which outlines the criteria and process by
which Town Council can approve an EHU exchange, specifically sub-section D related to
fee-in-lieu. The proposal would update the fee structure and expand the number of EHUs
eligible for full fee-in-lieu payments. Section 12-13-5(D)(5) Fee in lieu would be replaced
in its entirety, see the attached ordinance for full proposed language.
IV. BACKGROUND
The EHU exchange program was created in 2008, with a goal to “provide occupied livable,
affordable employee housing units within the Town of Vail.” Since its inception the program
has resulted in dozens of exchanges, with a focus on replacing underperforming deed
restrictions. The Town currently holds and administers 1,035 deed restrictions, with an
average of two exchanges completed a year. The PEC does not review EHU exchanges,
Town Council is the deciding body upon receiving a recommendation from the Vail Local
Housing Authority.
Section 12-3-5 describes the existing exchange program, which allows Town Council to
“release a deed restriction from an existing employee housing unit in exchange for the
placement of an employee housing deed restriction on another dwelling unit and/or a fee in
lieu payment made to the Town of Vail”. The exchange EHUs cannot be part of any
employee housing mitigation required by inclusionary zoning or commercial linkage, or as
part of an approved development plan.
The existing EHU can be exchanged for a proposed EHU within the Town of Vail, per the
exchange rate in Section (3), and a fee in lieu can be accepted for the fractional remainder.
Per Section (5) (a), the Town Council “may accept fee in lieu payment for the full required
square footage only if the exchange EHU was approved prior to July 22, 1994, and has a
deed restriction that includes the language stating “if the unit is rented, it shall be rented
only to tenants who are full-time employees...”. The proposed amendment would allow
Council to accept a fee in lieu to allow any exchange EHU to meet its obligation upon a
finding that the EHU is underutilized.
The Planning and Environmental Commission (PEC) held a public hearing on the
proposed amendment on September 22, 2025. The PEC forwarded a recommendation
for denial to the Town Council in a 5-0 vote. The PEC concerns included a desire for
further clarification on an underutilized determination and how that is decided, as well as
encouraging compliance and not only exchanges for underperforming EHUs.
111
Town of Vail 3
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 20, Series of 2025,
on second reading, the Community Development Department recommends the Council
pass the following motion:
“The Vail Town Council approves, on second reading, Ordinance No. 20, Series
of 2025, an ordinance amending Section 12-13-5(D)(5) of the Vail Town Code
to allow Town Council to accept a fee in lieu for an exchange EHU upon a
finding that the exchange EHU is being underutilized.
Should the Vail Town Council choose to approve Ordinance No. 20, Series of 2025, the
Community Development Department 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.”
VI. ATTACHMENTS
• Staff Memorandum to PEC, Sep.22, 2025
• PEC Results, Sep. 22, 2025
• Applicant Narrative – Vail Housing Department
• Ordinance No. 20, Series of 2025
• Housing Presentation
112
10/2/2025
C:\USERS\ABENGTSON\ONEDRIVE - TOWN OF VAIL\BENGTSON, ANNA\PROGRAMS\EHU POLICIES + PROGRAMS\EHU
EXCHANGE CODE AMENDMENT\EXHIBIT C - DRAFT EHU EXCHANGE ORDINANCE.DOCX
ORDINANCE NO. 20
SERIES 2025
AN ORDINANCE AMENDING SECTION 12-13-5 OF THE VAIL TOWN
CODE REGARDING THE EMPLOYEE HOUSING UNIT EXCHANGE
PROGRAM
WHEREAS, the Town desires to allow for flexibility in the exchange of current
employee housing units to incentivize the immediate acquisition of better-utilized
employee housing units in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-13-5(D)(5) of the Vail Town Code is hereby repealed in
its entirety and reenacted as follows:
§ 12-13-5 EMPLOYEE HOUSING UNIT DEED RESTRICTION
EXCHANGE PROGRAM.
* * *
(5) Fee in lieu.
(a) The Town Council may accept a fee in lieu for an exchange
EHU upon a finding that the exchange EHU is being underutilized and the
fee in lieu will allow the Town to acquire additional EHUs that better fulfill
the Town's employee housing goals.
(b) The fee in lieu amount shall be based on a market evaluation
prepared by the applicant that analyzes the value of the exchange EHU and
the costs to acquire additional EHUs that better fulfill the Town's employee
housing goals.
(c) All fees in lieu shall be due and payable within seven (7) days
of Town Council's approval, and the proceeds of all fees in lieu shall be
used by the Town for employee housing.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not 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 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
113
2
10/2/2025
C:\USERS\ABENGTSON\ONEDRIVE - TOWN OF VAIL\BENGTSON, ANNA\PROGRAMS\EHU POLICIES + PROGRAMS\EHU
EXCHANGE CODE AMENDMENT\EXHIBIT C - DRAFT EHU EXCHANGE ORDINANCE.DOCX
Section 4. The amendment of any provision of the Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
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 Kaufmann, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2025.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
114
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 22, 2025
SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment to Section 12-13-5(D)(5), Fee in Lieu, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow Town Council to accept a fee in lieu for an exchange EHU upon a finding that the exchange EHU is being underutilized. (PEC25-0030)
Applicant: Town of Vail Housing Department
Planner: Jamie Leaman-Miller
I. SUMMARY
The applicant, the Town of Vail Housing Department, is requesting a recommendation to
the Vail Town Council for a prescribed regulations amendment to Section 12-13-5(D)(5),
Fee in Lieu, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow Town
Council to accept a fee in lieu for an exchange Employee Housing Unit (EHU) upon a
finding that the exchange EHU is being underutilized.
The Community Development Department recommends the Planning and Environmental
Commissions forwards a recommendation of approval to the Vail Town Council for the
prescribed regulations amendment.
II. DESCRIPTION OF REQUEST
The proposal would amend Section 12-13-5, which outlines the criteria and process by
which Town Council can approve an EHU exchange, specifically sub-section D related to
fee-in-lieu. The proposal would update the fee structure with increased flexibility and
expand the number of EHUs eligible for full fee-in-lieu payments. Section 12-13-5(D)(5)
Fee in lieu would be replaced in its entirety, see Section IV of this memo for full text
changes.
115
Town of Vail Page 2
III. BACKGROUND
The EHU exchange program was created in 2008, with a goal to “provide occupied
livable, affordable employee housing units within the Town of Vail.” Since it’s inception the
program has resulted in dozens of exchanges, with a focus on replacing underperforming
deed restrictions. The Town currently holds and administers 1,035 deed restrictions, with
an average of two exchanges completed a year. The PEC does not review EHU
exchanges, Town Council is the deciding body upon receiving a recommendation from
the Vail Local Housing Authority.
Section 12-3-5 describes the existing exchange program, which allows Town Council to
“release a deed restriction from an existing employee housing unit in exchange for the
placement of an employee housing deed restriction on another dwelling unit and/or a fee
in lieu payment made to the Town of Vail”. The exchange EHUs cannot be part of any
employee housing mitigation required by inclusionary zoning or commercial linkage, or as
part of an approved development plan.
The existing EHU can be exchanged for a proposed EHU within the Town of Vail, per the
exchange rate in Section (3), and a fee in lieu can be accepted for the fractional
remainder. Per Section (5) (a), the Town Council “may accept fee in lieu payment for the
full required square footage only if the exchange EHU was approved prior to July 22,
1994, and has a deed restriction that includes the language stating “if the unit is rented, it
shall be rented only to tenants who are full-time employees...”. The proposed amendment
would allow Council to accept a fee in lieu to allow any exchange EHU to meet its
obligation upon a finding that the EHU is underutilized.
IV. PROPOSED TEXT AMENDMENT LANGUAGE
Section 12-13-5(D) would be removed and replaced in its entirety. The underlined text is
to be removed while the bold text is to be added. The proposed language is also
included in Attachment B & C.
(5) Fee in lieu. The applicant may provide a fee in lieu payment to the Town of Vail for
any fractional portion of the required square footage less than 438 square feet not
provided by a proposed EHU, if the proposed EHU does not fulfill the required amount of
calculated square footage.
(a) The Town Council at its sole discretion may accept fee in lieu payment for the
full required square footage only if the exchange EHU was approved prior to July 22,
1994, and has a deed restriction that includes the language stating “if the unit is rented, it
shall be rented only to tenants who are full-time employees...”.
(b) The fee in lieu calculated amount shall be paid after approval of the application
by the Town Council, but prior to recording of the deed restriction release. The fee shall
be based upon the current fee structure in place at the time of approval. Early payment of
the fee in lieu shall not be accepted prior to approval. The approval for deed restriction
116
Town of Vail Page 3
release shall sunset one year from the date of approval and any fees paid are
nonrefundable.
(c) The town shall use monies collected from fees in lieu to provide incremental
new employee housing units.
(5) Fee in lieu.
(a) The Town Council may accept a fee in lieu for an exchange EHU upon a
finding that the exchange EHU is being underutilized and the fee in lieu will allow
the Town to acquire additional EHUs that better fulfill the Town's employee housing
goals.
(b) The fee in lieu amount shall be equal to the total square feet of the
exchange EHU multiplied by the current inclusionary zoning fee.
(c) The Town Council may reduce the amount of the fee in lieu upon a showing
by the applicant that the fee will result in the Town's immediate acquisition of one
or more EHUs in a more desirable location than the existing EHU; provided that the
fee shall not be reduced by more than ten (10) percent in any case.
(d) All fees in lieu shall be due and payable within seven (7) days of Town
Council's approval, and the proceeds of all fees in lieu shall be used by the Town
for employee housing.
V. ROLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a text
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.
117
Town of Vail Page 4
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application,
an evaluation of the application in regard to the criteria and findings outlined by the Town
Code, and a recommendation of approval, approval with modifications, or denial.
VI. APPLICABLE PLANNING DOCUMENTS
Staff believes that 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
118
Town of Vail Page 5
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.
CHAPTER 13 EMPLOYEE HOUSING
§ 12-13-1 PURPOSE.
The town’s economy is largely tourist based and the health of this economy is premised
on exemplary service for Vail’s guests. Vail’s ability to provide such service is dependent
upon a strong, high quality and consistently available work force. To achieve such a work
force, the community must work to provide quality living and working conditions.
Availability and affordability of housing plays a critical role in creating quality living and
working conditions for the community’s work force. The town recognizes a permanent,
year round population plays an important role in sustaining a healthy, viable community.
Further, the town recognizes its role in conjunction with the private sector in ensuring
housing is available.
§ 12-13-5 EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM.
(A) Purpose. The purpose of this section is to provide occupied livable, affordable
employee housing units within the Town of Vail through the establishment of an employee
housing unit deed restriction exchange program. The exchange program allows the Town
Council to release a deed restriction from an existing employee housing unit in exchange
for the placement of an employee housing deed restriction on another dwelling unit and/or
a fee in lieu payment made to the Town of Vail.
(B) Applicability. The program established under this section applies to existing
employee housing units. This shall not apply to any existing employee housing unit that is
already price appreciation capped or any employee housing unit established to meet the
on site employee mitigation requirements of Chapter 23, “Commercial Linkage”, or
Chapter 24, “Inclusionary Zoning”, of this title or as part of an approved development
plan.
(C) Definitions. For the purpose of this section:
119
Town of Vail Page 6
COMMERCIAL JOB CORE. Those areas located south of Interstate 70, east of the
intersection of Forest Road and South Frontage Road, north of Vail Mountain, and west of
the Town of Vail soccer fields on Vail Valley Road, as further defined by exhibit A of this
section.
EXCHANGE EHU. The existing nonprice appreciation capped employee housing unit or
other unit with an employee housing deed restriction that is being proposed to have the
deed restriction released as part of this program.
PROPOSED EHU. The existing, non-deed restricted dwelling unit that is being
proposed to receive an employee housing deed restriction as part of this program.
(D) General requirements. The Town Council may approve the removal of an
employee housing deed restriction from an existing employee housing unit in exchange
for the placement of an employee housing deed restriction, and/or the payment of a fee in
lieu, as described in subsection (D)(5) of this section.
(1) Exchange EHU requirements.
120
Town of Vail Page 7
(a) The exchange EHU shall not be part of any employee housing project
developed or deed restricted (in part or in whole) by the Town of Vail.
(b) The exchange EHU shall not be part of any on site employee housing
mitigation required by inclusionary zoning, commercial linkage or as part of an approved
development plan.
(c) The property that includes the exchange EHU shall comply with the prescribed
development standards (density controls including GRFA and number of units, site
coverage, landscaping and parking requirements and the like), as outlined in the
applicable zone district section of this title, upon exchange of the deed restrictions.
(2) Proposed EHU requirements.
(a) The proposed EHU(s) shall be located within the Town of Vail.
(b) The proposed EHU(s) shall be within a homeowners’ association that does not
preclude deed restricted units, does not have a right of first refusal, does not have right to
approve the sale or the sale contract, or have any other requirements deemed to be
similarly restrictive by the Administrator.
(c) The proposed EHU shall comply with the minimum size requirements shown in
Table 13-2 of this section.
(d) The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom.
(e) The property on which the proposed EHU is located shall comply with Chapter
10, “Off-Street Parking And Loading”, of this title.
(f) The proposed EHU shall have its own entrance. There shall be no interior
access from the proposed EHU to any dwelling unit to which it may be attached.
(3) Exchange rate for proposed EHUs.
121
Town of Vail Page 8
(a) If the exchange EHU(s) is within the commercial job core and the proposed
EHU(s) is also within the commercial job core, the gross residential floor area (GRFA) of
the proposed EHU(s) shall be a minimum of two times the gross residential floor area
(GRFA) of the exchange EHU.
(b) If the exchange EHU is within the commercial job core and the proposed
EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of
the proposed EHU(s) shall be a minimum of three times the gross residential floor area
(GRFA) of the exchange EHU.
(c) If the exchange EHU is outside of the commercial job core and the proposed
EHU(s) is inside of the commercial job core, the gross residential floor area (GRFA) of the
proposed EHU(s) shall be a minimum of one and one-half times the gross residential floor
area (GRFA) of the exchange EHU.
(d) If the exchange EHU is outside of the commercial job core and the proposed
EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of
the proposed EHU(s) shall be a minimum of two times the gross residential floor area
(GRFA) of the exchange EHU.
(4) No credit given. If the gross residential floor area (GRFA) of the proposed EHU(s)
is in excess of the minimum required gross residential floor area (GRFA) as set forth in
subsection (D)(3) of this section, the additional gross residential floor area (GRFA) shall
not be eligible for use as any form of future credit or for the commercial linkage or
inclusionary zoning employee housing mitigation banks established by §§ 12-23-
7 and 12-24-7 of this title.
(5) Fee in lieu. The applicant may provide a fee in lieu payment to the Town of Vail
for any fractional portion of the required square footage less than 438 square feet not
provided by a proposed EHU, if the proposed EHU does not fulfill the required amount of
calculated square footage.
(a) The Town Council at its sole discretion may accept fee in lieu payment for the
full required square footage only if the exchange EHU was approved prior to July 22,
1994, and has a deed restriction that includes the language stating “if the unit is rented, it
shall be rented only to tenants who are full-time employees...”.
(b) The fee in lieu calculated amount shall be paid after approval of the application
by the Town Council, but prior to recording of the deed restriction release. The fee shall
be based upon the current fee structure in place at the time of approval. Early payment of
the fee in lieu shall not be accepted prior to approval. The approval for deed restriction
release shall sunset one year from the date of approval and any fees paid are
nonrefundable.
122
Town of Vail Page 9
(c) The town shall use monies collected from fees in lieu to provide incremental
new employee housing units.
Existing EHU square feet x inclusionary zoning fee = fee in lieu payment
(E) Fees. The Town Council shall set an application fee schedule sufficient to cover
the cost of town staff time and other expenses incidental to the review of the application.
The fee shall be paid at the time of the application, and shall not be refundable.
(F) Review process.
(1) Submittal requirements. The Administrator shall establish the submittal
requirements for an employee housing deed restriction exchange application. A complete
list of the submittal requirements shall be maintained by the Administrator and filed in the
Community Development Department. Certain submittal requirements may be waived
and/or modified by the Administrator and/or the reviewing body if it is demonstrated by the
applicant that the information and materials required are not relevant to the proposed
exchange. The Administrator and/or the reviewing body may require the submission of
additional materials if deemed necessary to properly evaluate the application.
(2) Review procedures.
(a) Administrator review. The Administrator shall review the application for
completeness and compliance with this section, and shall make a determination of
completeness and compliance with this section within 14 days of application submittal.
Should the Administrator deem that the application is incomplete or not in compliance
with this section, the Administrator shall deny the application. Should the Administrator
deem the application is both complete and in compliance with this section, the
Administrator shall forward the application for review by the Vail Local Housing Authority.
(b) Vail Local Housing Authority review. The review of a proposed employee
housing deed restriction exchange application shall be held by the Vail Local Housing
Authority at a regularly scheduled meeting. A report of the Community Development
Department staff’s findings and recommendations shall be made at the formal hearing
before the Vail Local Housing Authority. Within 20 days of the closing of a public hearing
on a proposed amendment, the Vail Local Housing Authority shall act on the application.
The Vail Local Housing Authority may recommend approval of the application as initiated,
may recommend approval with such modifications as it deems necessary to accomplish
the purposes of this title, or may recommend denial of the application. The Vail Local
Housing Authority shall transmit its recommendation, together with a report on the public
hearing and its deliberations and findings, to the Town Council.
123
Town of Vail Page 10
(c) Town Council review. Upon receipt of the report and recommendation of the
Vail Local Housing Authority, the Town Council shall set a date for hearing within the
following 30 days. Within 20 days of the closing of a public hearing on the application, the
Town Council shall act on the application. The Town Council shall consider but shall not
be bound by the recommendation of the Vail Local Housing Authority. The Town Council
may approve, either in accordance with the recommendation of the Vail Local Housing
Authority or in modified form, or the Town Council may deny the application.
(d) Appeal. Administrator and Town Council decisions may be appealed in
accordance with the provisions in § 12-3-3, “Appeals”, of this title.
(3) Criteria and findings.
(a) Criteria. Before acting on an employee housing deed restriction exchange
application, the Vail Local Housing Authority and Vail Town Council shall consider the
following criteria with respect to the application:
1. The proximity and accessibility of the proposed EHU(s) to the commercial job
core and public transportation;
2. The size of the proposed EHU(s) in relation to the minimum employee housing
unit sizes established for commercial linkage mitigation in § 12-23-3 of this title;
3. The effect of any homeowners’ association dues or maintenance fees
imposed upon the proposed EHU(s) on the affordability of the proposed unit for an
employee;
4. The correlation between any homeowners’ association fees imposed upon the
proposed EHU(s) and the services and amenities provided by the homeowners’
association;
5. The extent to which the exchange 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;
6. The extent to which the exchange presents a harmonious, convenient,
workable relationship among land uses consistent with municipal development objectives;
and
7. The extent to which the exchange provides for the growth of an orderly viable
community and serves the best interests of the community as a whole.
(b) Necessary findings. Before recommending and/or granting an approval of an
employee housing deed restriction exchange application, the Vail Local Housing Authority
124
Town of Vail Page 11
and the Vail Town Council shall make the following findings with respect to the
application:
1. The application meets the general requirements of subsection (D) of this
section;
2. The application 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;
3. The application furthers the general and specific purposes of the zoning
regulations, § 12-1-2 of this title, and the employee housing regulations, § 12-13-1 of this
chapter; and
4. The application 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.
(Ord. 31(2008) § 1; Ord. 10(2011) §§ 1, 2, 3, 4; Ord. 23(2016) § 1)
VAIL HOUSING 2027
Goal: The Town of Vail will acquire 1,000 additional resident housing unit deed
restrictions by the year 2027.
These new deed restrictions will be acquired for both existing homes as well as for
homes that are newly constructed by both the Town of Vail and private sector
developers.
Vision: An Eye on the Future - We envision Vail as a diverse, resilient, inclusive,
vibrant and sustainable mountain resort community where year-round residents are
afforded the opportunity to live and thrive. We take a holistic approach to maintaining
community, with continuous improvement to our social, environmental, and economic
well being. We create housing solutions by recognizing and capitalizing on our unique
position as North America’s premier international mountain resort community in order
to provide the highest quality of service to our guests, attract citizens of excellence and
foster their ability to live, work, and play in Vail throughout their lives.
Our strategic solutions and actions result in the retention of existing homes, creation of
new and diverse housing infrastructure, and collaboration with community partners. For
Vail, no problem is insurmountable. With a consistent, community-driven purpose and
an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for
the 21st century. The Town is well positioned financially to undertake this significant
125
Town of Vail Page 12
challenge.
Mission: Maintaining and Sustaining Community - We create, provide, and retain high
quality, affordable, and diverse housing opportunities for Vail residents to support a
sustainable year round economy and build a vibrant, inclusive and resilient community.
We do this through acquiring deed restrictions on homes so that our residents have a
place to live in Vail
Policy Statement: Resident Housing as Infrastructure - We acknowledge that the
acquisition of deed restrictions on homes for Vail residents is critical to maintaining
community. Therefore, we ensure an adequate supply and availability of homes for
residents and recognize housing as infrastructure in the Town of Vail; a community
support system not unlike roads, bridges, water and sewer systems, fire, police, and
other services of the municipal government.
VAIL 2020 STRATEGIC ACTION PLAN
Land Use and Development
Goal #1 Actions/Strategies: Make amendments to the Vail Town Code to reflect
planning document updates, including the Sign Regulations, Zoning Regulations and
Development Standards Handbook.
Goal #3: Ensure fairness and consistency in the development review process.
Actions/Strategies
• Provide transparency of the review process by improving communications.
• Embrace policies and practices that ensure honest governmental interaction.
• Define ways in which to improve communication with the public.
• Review and improve policies regarding notification of design review applications.
• Provide adequate training for members of the town’s boards, commissions and
committees regarding goals and purposes for regulation.
• Develop a streamlined design review process and include in regulation updates.
Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the
workforce through policies, regulations and publicly initiated development.
Actions/Strategies
• Update housing regulations to include more zone districts that are required to provide
employee housing.
• Redevelop Timber Ridge to increase number of employee beds.
• Use employee housing fund for buy-downs and other programs that will increase the
number of employees living within the town.
• Address the zoning regulations to provide more incentives for developers to build
employee housing units
126
Town of Vail Page 13
VII. ENVIRONMENTAL IMPACTS
The proposed prescribed regulation amendment does not have any identifiable
environmental impacts.
VIII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The purpose of the exchange program in 12-13-5 is to “provide occupied livable,
affordable employee housing units within the Town of Vail through the establishment of
an employee housing unit deed restriction exchange program.” The proposal allows
Council to accept a fee in lieu for an exchange EHU upon a finding that the EHU is being
underutilized. The exchange of these underutilized EHUs, per the Housing Department
metrics, for better performing EHUs will facilitate an easier path for exchange to better
meet the intent of the employee housing section.
Staff finds that the proposed text amendment meets this criterion.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
The proposed amendment is compatible with the development objectives of the town, and
better implements several objectives of the comprehensive plan, as laid out in Section VI
above. Specifically, the amendment will help meet the goals of the 2027 Housing Plan by
increasing the opportunity for underperforming EHUs to be exchanged and contributing to
the funds used by the Town for employee housing. The amendment also meets Town
goals by updating the EHU exchange review process and decreasing barriers in
comparison with the current process.
Staff finds that the proposed text amendment meets this criterion.
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
The proposed amendment is the result of recommended updates to the code based on
the Town’s experience exchanging and administering EHU deed restrictions. The
proposal allows additional flexibility with the fee structure and expands the number of
EHUs eligible to participate in the program as well as the options available to meet the
exchange obligations.
127
Town of Vail Page 14
Deed restrictions themselves have evolved over time and changed since the original
adoption of the current code language. The change in the language is needed to ensure
that the deed restrictions in place are being utilized for their intended purpose and provide
an avenue for those that do not meet the intent to be released and provide funds to attain
restrictions that meet the intent of this Chapter.
Staff finds that the proposed text amendment meets this criterion.
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 amendment will result in a more efficient and expanded process, as well as
incentivizing exchanges for underperforming or non-compliant EHUs, resulting in
employee housing that aligns with the Town’s development goals.
Staff finds that the proposed text amendment meets this criterion.
5. Such other factors and criteria the Planning and Environmental Commission
and/or council deem applicable to the proposed text amendments
Staff will provide additional information as needed should the PEC and/or Council
determine other factors or criteria applicable to the proposed text amendment.
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval for the prescribed
regulation amendment to the Vail Town Council. This recommendation is based upon the
review of the criteria outlined in Section VIII of this memorandum and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the prescribed regulation
amendment, the Community Development Department recommends the Commission
pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of approval to
the Vail Town Council for a prescribed regulations amendment to Section 12-13-5(D)(5),
Fee in Lieu, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow Town
Council to accept a fee in lieu for an exchange EHU upon a finding that the exchange
EHU is being underutilized. (PEC25-0030)”
128
Town of Vail Page 15
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the prescribed regulation
amendment, the Community Development Department recommends the Commission
makes the following findings:
“Based upon a review of Section VIII of the September 22, 2025 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is compatible
with the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
X. ATTACHMENTS
A. Applicant Narrative
B. Draft Ordinance Amendment
C. Redlined Version
129
Present:
Absent:
Robyn Smith
Brad Hagedorn
David N Tucker
William A Jensen
Robert N Lipnick
Craig H Lintner Jr
John Rediker
1. Virtual Link
Register to attend the Planning and Environmental Commission meeting. Once registered,
you will receive a confirmation email containing information about joining this webinar.
2. Call to Order
3. Main Agenda
Planner: Greg Roy
Applicant Name: Douglas Walker, represented by Eagle River Water and Sanitation District
Time: 30 Min
3.1
A request for review of a variance from Section 14-10-9(E), Height Limitations, Vail Town
Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, for retaining walls in
excess of six feet in height, located at 765 Potato Patch Drive, Lot 33, Vail Potato Patch
Filing 1. (PEC25-0027)
Planner Roy gives a presentation. He walks through the site plan
Dan Duerr and Jeff Schnieder with ERWSD are representing the applicant. They give a presentation.
No questions from PEC.
Hagedorn asks for public comment. No public comment.
Tucker, the solution is as elegant as it can be, and the adjoining property owner has signed off. It’s a
necessary piece of infrastructure.
Lipnick, the review criteria are met.
Planning and Environmental Commission Minutes
Monday, September 22, 2025
1:00 PM
Vail Town Council Chambers
PEC25-0027 Staff Memo.pdf
Attachment A. Vicinity Map.pdf
Attachment B. Applicant's Narrative.pdf
Attachment C. PEC25-0027 Plans.pdf
Attachment D. PEC25-0027 Documents.pdf
1
Planning and Environmental Commission Meeting Minutes of September 22, 2025 130
Jensen, supportive of variance, it is an extraordinary circumstance. It supports the entire community and
there is not a viable alternative.
Smith agrees, extraordinary circumstances.
Hagedorn, these are exceptional circumstances, this infrastructure plays a critical role, any alternative
solution would have an adverse impact on vegetation.
Planner: Heather Knight
Applicant Name: Beaver Capital I, LLC, represented by Mauriello Planning Group and Pierce Austin
Architects
Time: 90 min.
3.2 A request for review of Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior
Alterations or Modifications, Vail Town Code, to allow for redevelopment of the Concert
Hall Plaza Condominiums, located at 616 W. Lionshead Circle, Lot 1, Vail Lionshead Filing
4. (PEC25-0023)
Timestamp: 00:12
Item heard concurrently with 3.3.
Planner Knight gives a presentation. She talks about the Lionshead portal on the west side. She walks
through the elevations. The only variance is for underground parking, there are no design deviations.
Smith asks about bathroom access, based on public comment. Knight says the applicant can address
the floor plan.
Hagedorn, based on LMU-1 is there a requirement for first floor commercial?
Knight, there are permitted uses, but no requirements for specific uses.
The applicant is represented by Dominic Mauriello with Mauriello Planning Group and Reed Kildow and
Kit Austin with Pierce Austin Architects. Mauriello gives a presentation. He talks about community
outreach, overview of changes, and criteria for review. Mauriello talks about the 1992 condo map and the
history of that. He talks about the stepbacks on the north elevation.
Smith and Mauriello discuss the floor plans and bathrooms.
Jensen, there are a lot of positives, but it’s important to have a restroom that is convenient.
Austin, it’s a key point where a restroom is needed, each space will need a restroom. The way it’s setup
now works well, we’ll create a plan to maintain them.
Robert N Lipnick made a motion to Approve with the condition on pg. 8 and the findings on pg. 9 of the
staff memo; Robyn Smith seconded the motion Passed (5 - 0).
PEC25-0023 CHP Major Exterior Alteration Staff Memo-Final.pdf
Attachment A. Vicinity Map - Concert Hall Plaza Condos.pdf
Attachment B. Applicant Narrative & Title.pdf
Attachment C. Architectural Plan Set.pdf
Attachment D. Elevations and renderings.pdf
Attachment E. Lionshead Redevelopment Master Plan Updated 12292017.pdf
Attachment F. CHP_1992_Plat.pdf
Attachment G. Lionshead_loadingdelivery.pdf
Attachment H. Concert Hall Plaza Public Comment 9-22-2025.pdf
2
Planning and Environmental Commission Meeting Minutes of September 22, 2025 131
Hagedorn, there might be efficiency to be gained to not have to burden small restroom spaces, if that is a
possibility.
Smith asks about potential patios on south and east that were discussed last time.
Mauriello, we could come back and ask in the future if we need it, wanted to keep the ask to a minimum.
Tucker asks about mechanical equipment, didn’t see venting in the plans. Is there access to the roof for
servicing that equipment?
Mauriello, we haven’t had full MEP review yet. Austin talks about some of the proposed venting. We
have considered it, we have a path to move forward, should be of minimal impact.
Tucker, is there a consideration of enlarging commercial space in the new build?
Mauriello, we’ve maximized those spaces, not an opportunity to make them bigger.
Hagedorn asks for public comment.
Samantha Sunshine, has had a business in CHP for the last 10 years. Wants to speak about how
valuable the current one is. Sees people overflowing at Little Diner, waiting by the bus, it’s an important
hub for connection. Concerned that the proposed smaller portal will limit CHP as a gathering point. The
Little Diner is a huge asset for Vail, a beloved institution. Nine luxury condos and high prices spaces are
not what Vail needs. She grew up here, lives here, local businesses have power here and keep visitors
coming back. Development is inevitable but it can be done in a different way. We should support
relocation or compensation for long-standing businesses here. Strength is not in more residential units,
but in people and businesses that make it special.
No further public comment.
Smith, it meets all the criteria for MEA and variance. It is consistent with the LRMP, and comprehensive
plan. The degree of design deviation is proportionate to the extent of the improvements proposed. We’ve
encouraged as much commercial as we can. Doesn’t believe there are design deviations, but it is a
portal and acting as a standalone structure portal which is above and beyond what was anticipated in the
master plan. There is mitigation of development impacts, improving streetscape, making donations to
public art. The displacement of businesses and losses of commercial space is an unfortunate impact of
this development; we don’t have policy tools to prevent or mitigate the displacement of these businesses.
There’s nothing we can do to require them to bring back these businesses, we can hope so. The
variance is warranted. The PEC asked the applicant to submit for expanded outdoor dining on the south
side. It would be better if it was in the patio not the easement. Hope you can incorporate one public
bathroom.
Jensen, agrees with Smith. There are some beautiful things in Lionshead and things that have lived a life
from the 70s. The project in the 70s was rushed because of the growth. Likes the vibrancy and warmth of
this project, portals are critical to the long-term success of Lionshead. Strongly believes that one
restroom is the right answer so developer should consider that. Wants to speak emotionally about
current tenants, believe people make the difference, worries our community becomes too brand driven
and loses some of its character. Loss of commercial space is troubling but understandable. Suggests
developer thinks long and hard about current tenants, talks about experience with his businesses in
Tahoe. Doesn’t want to see Little Diner go either but asks developer to really look and see if there’s a
solution they can participate that maintains some of that spirit. The PEC looks at things against the list of
rules. We have to rely to some extent on the developer of this project to understand the significance that
the businesses bring to our community.
Lipnick, the review criteria are met. Agrees more commercial space would be good, one restroom is
adequate. Can Town Council loan money to the businesses? Redevelopment is necessary but
3
Planning and Environmental Commission Meeting Minutes of September 22, 2025 132
concerned about putting out local businesses if not necessary.
Tucker, agrees with fellows. Emotionally it is difficult, it’s good that more people now have an interest in
development in Vail. Seconds Smith’s call for more outdoor seating, the right thing for public benefit
would be a shared restroom to maximize space for seats. The variance is something that has been
approved before. Appreciates the applicant taking time to answer our questions.
Hagedorn, this building was originally built with no parking. This redevelopment requires that it is parked,
it’s the reason why below grade commercial is no longer feasible, driving some of the loss of commercial
space. The PEC has pushed hard for commercial on the ground floor, appreciates applicant doing that to
the extent possible. This body implements policy, it does not set policy, we have no current provision for
compensating businesses for displacement. Would hate for public outreach to die here, these opinions
are something Council could consider from a policy standpoint. The PEC doesn’t have the leeway to
implement those policies; the Town Council does. This proposal has made a lot of strides, the portal has
come a long way, the easement is wider on average. You’ll go through DRB agrees that one restroom is
the way to go. The one deviation is outweighed by the greater stepbacks on other facades. Below grade
parking is not visible and is consistent with past decisions, some of the neighboring building have similar
variances. The on-grade access is an improvement.
Please see item 3.5 for attachments
Planner: Heather Knight
Applicant Name: Beaver Capital I, LLC, represented by Mauriello Planning Group and Pierce Austin
Architects
Time: 5 min.
3.3 A request for review of a variance from Section 12-7H-10 Setbacks, Vail Town Code,
pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a below grade
parking garage located within the required ten foot (10’) setback, located at 616 W.
Lionshead Circle, Lot 1, Vail Lionshead Filing 4. (PEC25-0022)
Item 3.2 & 3.3 are heard concurrently.
Planner: Greg Roy
3.4 A request for recommendation to the Vail Town Council, pursuant to Section 3-2-6A,
Function, Vail Town Code, to amend Conceptual Building Height Plan of the Vail Village
Master Plan. (PEC25-0025)
This item will be heard concurrently with item 3.5.
Applicant Name: Lunar Vail Land Investments, LLC represented by Ruther Associates LLC
Time: 5 min
Timestamp: 01:27
Item 3.4 heard concurrently with Item 3.5 and Item 3.6.
Roy gives a presentation. There is a request to be tabled at the conclusion of the items.
William A Jensen made a motion to Approve with the conditions and findings on pg. 12 & 13 of the staff
memo; Robyn Smith seconded the motion Passed (5 - 0).
PEC25-0022 CHP Variance Staff Memo-092225.pdf
Robyn Smith made a motion to Approve with the conditions on pg. 8 & findings on pg. 9; William A
Jensen seconded the motion Passed (5 - 0).
4
Planning and Environmental Commission Meeting Minutes of September 22, 2025 133
The applicant is represented by George Ruther with Ruther Associates. Ruther gives a presentation.
Hagedorn wants to understand how we got here. A lot of the arguments for an SDD are tying into what
has been done before and what might be done, therefore we should be able to do that. Altus height was
70’ height, Mountain View was 48’. In Vail, height is measure to grade lines. The way Altus got to 70 feet
was public benefit, there was a 1:1 ratio of EHUs to dwelling units and that was a large public benefit for
that height. The other portion of 48’ is in in compliance with HDMF. Are you meeting the level of public
benefit that was proposed at SDD 42?
Ruther, we think we exceed it. It was approved but did not endure. We increased the number of EHUs on
site, our pay in lieu will exceed any pay in lieu benefit that has been afforded to any other SDD. We were
encouraged by the Town to provide a substantial pay in lieu so that the Town could go out and provide
housing elsewhere in the community.
Hagedorn, you’re creating a lot more building face. Near the path to Ford park, the hillside does provide
a buffer currently. It’s helping you by digging out the garden level, but it’s exacerbating the mass of the
building. How do you mitigate it from the common public way?
Ruther, you leave the slope to create that berm, we are proposing to touch nothing on the stream tract.
The south face is more exposed than the northside. The grades are pretty consistent across the site,
we’re going to set the top of our building at the same height. Our site dips down in the center, creating a
dip there would create challenges for access. The hillside is mostly native now, vertical landscape
elements can significantly mask the building. We don’t have to do massive excavation to expose one
more floor of building.
Smith, agrees on the impact on the path. The main concern is the south face, feels like it would be visible
and obscure the peak of golden peak. What would it look like from the path with the berm?
Ruther, when we come back we can show the true grading condition in front of the south elevation.
Smith, the expectation of four stories along the creek, it makes sense if that’s what it looks like.
Jensen, surprised that your public benefit is you’re creating more rooms or beds. Are EHUs public
benefit? It’s just a requirement of development. Needs to understand from staff how this ended up at a
lower height/density versus surrounding properties. The height and mass appears taller, regardless of
the measurement. Struggling with the why of the SDD request.
Tucker, also needs to understand the why of the request. The technicality is explainable but how is that
perceived to fit into the design guidelines, and requiring the SDD to achieve building objectives? Still
wrapping head around it. Using previous development to talk about future development, that’s not how
our code is written to get to a decision.
Ruther, the master plan says north half is 5-6 stories, southern half says four stories. The Wren the
entire property is 5-6 stories, 4 stories for VMV and Altus. We’re drawing our direction from master plan.
Smith, it used to be that every condo building was special enough to get a SDD. Looking at Master plan,
how do you put 5 or six stories in a zone district that is 48 feet. Is it 5-6 stories up?
Ruther, there were some recommendations in the master plan that may never have been followed
through, he had the same question.
Roy, part of that is because floor to floor heights have changed in terms of the norm.
Smith, of all the properties in this stretch, this makes sense for an SDD because of the shape and the
grade. There is hardship that may be met for some of the standards, at some point it tips the needle from
variances to SDD, understand why an SDD.
5
Planning and Environmental Commission Meeting Minutes of September 22, 2025 134
Smith, how did you get to the higher amount of fee you’re proposing than what is required?
Ruther, in addition to the inclusionary zoning requirement we’re proposing a fee in lieu. There might be
room for more EHUs on site, but believes finding opportunities elsewhere in Town is a great benefit.
Smith, it would be helpful to spell out that difference.
Jensen, we pick a number based on now, but costs change over time. Don’t know if you get 100%
benefit when a project finally happens.
Ruther, recommends the Town not holding money, invest the money when you can.
Roy, Town Code asks for units to be developed onsite, and fee in lieu is generally fractional.
Smith talks about some of the recent housing changes, the fee in lieu rate was recently increased for the
first time in eighteen years. Suggests that the specifics of timing should be clarified.
Ruther heard for years that the Town’s EHU policy should look to the Town first. We’re willing to look at
that language here, employees of the Town.
Smith wants to make sure the Housing department agrees. Adding another type of deed restriction and
complexity for a few units could be an additional administrative burden.
Hagedorn, we need a Title 12 rewrite at this point, we’re not living in a land of code reality with Title 12, if
that’s where it’s going its reasonable that Council gives us that direction with Title 12.
Ruther, EHUs are tied to the real estate market which is flexible but town code is not as quickly
adaptable.
Hagedorn asks for public comment.
Howard Willard lives in Mountain View. This development is wrong for the neighborhood and would
negatively impact the neighbors, Vail, and user of the pedestrian path. The buildings in VMVR, Altus, did
require some modest variances from underlying HDMF zoning. The magnitude was much smaller than
lunar vail is asking for, met less than 55% above grade site coverage requirement. The request for 70’ on
the north frontage road, was controversial at the time but justified by the number of EHUs on site, not
offered by Lunar Vail. There is also a big difference in height on the south side. They’re requesting 6
variances, this second proposal is only marginally better, still massive overdevelopment of the site.
Debbie Charles, an owner at the Wren. A lot of what they’ve shown you has been cherry picking. The
Wren is not thinking about redeveloping at this point. Do not support this project, look at the details, it is
too big in many ways.
Jay Levine, president of VMVR HOA. Now once again we’re presented with an egregious proposal,
doesn’t work in tranquil east vail. It is too tall and too massive and ugly. The developer has not listened
to the neighbors, the minor changes made still leave it in violation of many standards. This project is not
in the interest of the neighbors or Vail itself. We do not oppose development, but not this way.
Lisa Widmier with VMVR. Urge you to reject the proposal, not in the interest of the community or the
environment that makes Vail unique. Designed purely to maximize profit, not to benefit the Town or its
residents. The mass and height are out of scale for the neighborhood, will overshadow Gore Creek and
the pedestrian trail to Ford Park. This project erodes Vail’s natural appeal. Also has concerns about
emergency access. Who benefits from this project? Not the Town’s workforce. Please oppose this
project, protect Vail.
6
Planning and Environmental Commission Meeting Minutes of September 22, 2025 135
Laura Willard, secretary of board at VMVR. Readys a statement from Mark Caplin, an owner at VMVR.
Not supportive of the plan, they have not gone far enough in reducing the overdevelopment of this site.
Willard shares her own view; very concerned about fire lane and safety, setbacks need to be adhered to
here. This development is too large, too big for the neighborhood.
Kevin Mushlin, on behalf of Ivan, unit 406. He’s been coming to Vail for 10 years, purchased in Altus in
2022. Concerned about this proposal, agrees with prior speakers. Urges PEC to reject this project the
way it is. The zoning regulations are not there to be broken for the benefit of the developer at the
expense of the neighborhood. Wants to make sure the Town of Vail remains what it is, and property
values are protected.
Jacqueline Grosser in Altus. Agrees with others. Also concerned with the flow of traffic in that three way
stop.
Andrew Ovey, a resident at VMVR. Echoing previous comments, massing is out of keeping with the site.
Dave Zessin, president of Apollo Park HOA. There has been speculation on redevelopment since 2014
until approached by Lunar Vail four years ago. We think moving forward on a wholistic redevelopment is
the right thing to do. We looked at several scenarios, this developer does good projects and that’s what
we want. This is opportunity for us to redevelop this building and our middle class people get to stay in
Town.
Lisa Widmier asks what the developer has promised owners of Apollo Park.
Dave Zessin continues. Since 2008 we've thought about developing the east half of the property as
Phase 2. When Mountain View and Altus went up we didn’t provide comment, that’s between the Town
and developer to figure out what’s best for the site.
Ruther says thank you for your comments, they will respond to those at the next meeting. We continue to
reach out, we want to be good neighbors. We take 9,000 sf, we reduce units and now they request
changes. We want to work with neighbors, but need concrete recommendations and solutions. We
compare to neighbors because we ask for equitable review, we’re showing a project less impactful than
some of the things in the area.
Commissioner comment.
Tucker, appreciates hard work of applicants. The neighbors will have concerns, it’s tough to be caught
with a project that’s so fully developed and what code says versus what other projects have been
allowed to do. Looks forward to continued discussion, appreciates that you will be reaching out to
neighbors.
Jensen, would prefer to see a step down. Wants to see it redeveloped, how do we find the right model to
achieve that? There is more mass there than would like to see. Appreciates all the effort, you’ve dotted a
lot of I’s so give you credit. Appreciates Smith’s comments, what you’re proposing on the EHU has public
benefit, would like to see more details of that. Blue Cow Chute, how many more cars in that intersection?
Smith, this is a surface parking lot prime for redevelopment. An SDD does make sense for this site to
achieve a creative development that is in the public interest. It would help to define what the public
interest is. It’s worth pointing out to public, the zoning and master plan hasn’t substantially changed but
fire and landscaping requirements have changed, even since Altus or VMVR. People who wrote master
plan couldn’t have imagined the size of a fire truck now. Apollo Park is carrying a lot of landscape water
for surrounding properties currently. Wren has five feet of grass and no landscape screening on the
property. It would be helpful to have shared fire access, would like to figure out housing
recommendations from staff and council. Reiterates Hagedorns point, there is too much parking in the
plan. Important that we figure out expectation for the Wren so there is congruent plans.
7
Planning and Environmental Commission Meeting Minutes of September 22, 2025 136
Hagedorn, in terms of height, the northern façade is getting there, apparent height from frontage road is
down. It’s a sloping site but people deal with those all the time. Still concerned about south side, still
reading as six story buildings from the creek path. The master plan says it is appropriate to have more
density along the frontage road. 48’ limit on Mountain View was represented for approvals. The master
plan allows for additional density as incentive to redevelopment, without talking public benefit we’re over
the line of what is acceptable. Understand your constraints but it is part of the site, it’s what people have
to comply with on a modern development.
Planner: Greg Roy
Applicant Name: Lunar Vail Land Investments, LLC represented by Ruther Associates LLC
Time: 90 min
3.5 A request for a recommendation to the Vail Town Council for the establishment of a new
Special Development District, pursuant to Section 12-9(A), Special Development Districts,
Vail Town Code, to allow for the development of a multi-family project, located at 442
South Frontage Road East/ Vail Village Filing 5, Tract D. (PEC25-0026)
Items 3.4, 3.5, & 3.6 are heard concurrently.
See item 3.5 for staff report and attachments
Planner: Greg Roy
3.6 A request for review of a Conditional Use Permit amendment, pursuant to Section 12-6H-3
Conditional Uses, Vail Town Code, in accordance with Title 12, Chapter 16, Conditional
Use Permits, Vail Town Code, to allow for timeshare units, located at Located at 442 South
Frontage Road East/ Vail Village Filing 5, Tract D. (PEC25-0024)
Applicant Name: Lunar Vail Land Investments, LLC represented by Ruther Associates LLC
Time: 5 min
Items 3.4, 3.5, & 3.6 are heard concurrently.
3.7
A request for a recommendation to the Vail Town Council for a prescribed regulations
Robyn Smith made a motion to Continue to the meeting on October 13th; William A Jensen seconded
the motion Passed (4 - 0).
Staff Memo PEC25-0026 (SDD) & PEC25-0024 (CUP).pdf
Attachment A. Applicant's Narrative.pdf
Attachment B. Lunar Park Traffic Assessment 7-17-25.pdf
Attachment C. Lunar Park - EIR - 7-23-25.pdf
Attachment D. PEC25-0026 Documents.pdf
Attachment E. PEC25-0026 Plans Part1.pdf
Attachment E. PEC25-0026 Plans Part2.pdf
Attachment E. PEC25-0026 Plans Part3.pdf
Attachment F. Lunar Park Public Comment 9-22-2025.pdf
Attachment G. PEC Results 9-8-25.pdf
Attachment H. Applicant Presentation.pdf
Robyn Smith made a motion to Continue to the meeting on October 13th; William A Jensen seconded
the motion Passed (4 - 0).
Robyn Smith made a motion to Continue to the meeting on October 13th; William A Jensen seconded
the motion Passed (4 - 0).
8
Planning and Environmental Commission Meeting Minutes of September 22, 2025 137
Planner: Jamie Leaman-Miller
Applicant Name: Town of Vail Housing Department
Time: 60 Min
amendment to Section 12-13-5(D)(5), Fee in Lieu, pursuant to Section 12-3-7, Amendments,
Vail Town Code, to allow Town Council to accept a fee in lieu for an exchange EHU upon a
finding that the exchange EHU is being underutilized. (PEC25-0030)
Timestamp: 04:03
Planner Leaman-Miller (LM) gives presentation; he describes the proposal and gives the background of
EHU exchange program. He reviews the existing code language and the proposed language.
Jensen asks about the 7-day payment, is it tied to building permit?
LM states that it is a slight adjustment to the current code. Anna Bengston of Housing department can
answer that further.
Planner Roy clarifies. He states it is 7 days from Town Council approval of the exchange. These are
existing properties, so there is no new development and no building permit. If approved for the
exchange, payment would be due in 7 days of approval.
Tucker asks what is driving this change?
Roy states that it is best for the applicant to answer that.
Housing Director Jason Dietz also answers that Bengston can answer that.
Bengston introduces herself. She describes the changes to the program. Housing wants to make sure that
existing deed restrictions meet the needs of the community. They want to identify those that are
underutilized. She identifies three goals: expand the ability of the fee-in-lieu portion, address the
challenges in current EHUs (non-comliance, etc(, and provide another tool to make EHUs more
successful. She adds that the hope is to facilitate turnover of underutilized units and utilize TOV owned
properties like Timber Ridge.
Bengston adds that the exchange multiplier will still apply but this would allow for negotiation with
fees regarding units with known issues.
Jensen describes a scenario where there is a 25-year-old EHU and the owner is not working anymore.
The market value of a non-deed restricted unit is higher now. Can they enter negotiations with the Town
to get rid of deed restriction?
Dietz states that there are many cases where units are no longer being utilized or rented and the idea
here is to convert that to more units or more affordable units. It is not proposed for monetary gain.
There is a retirement policy in place. He adds that there are instances of poor HOA treatment towards
EHU tenants and the intent is to protect interests of the local renter.
Jensen follows up with a scenario of a unit turned storage unit of sorts.
Dietz agreed that there are a lot of underutilized units out there and brings up the poor treatment by
HOAs. We want to create more affordable units instead of units that are sitting empty. That is the
direction from the Town's legal department.
Jensen asks if Housing is comfortable with the draft of the language that is proposed? Does it address
the issues and the intent? What did you not forsee?
Dietz states that is why they are looking at old deed restrictions. Trying to adapt to changing times.We
are trying to take existing deed restrictions that don't work and turn into something that works as a
funding source.
Jensen asks how successful do you see this being in 12-36 months?
Dietz replies that they are trying to knock out multiple under-performing units, hopefully 10-20 in a
PEC25-0030 Staff Memo.pdf
A. Applicant Narrative - Vail Housing Department.pdf
B. Draft Ordinance Amendment.pdf
C. Redlined Version - Existing and Proposed Language.pdf
9
Planning and Environmental Commission Meeting Minutes of September 22, 2025 138
timely fashion.
Hagedorn asks when the fee in lieu amount was last updated.
Dietz states earlier this year but before that, it was 10 years.
Smith adds that it was actually18 years and was lowered in that 18 years. May was the first rise.
Dietz states that the fee in lieu data was based off of AMI data but is a lagging indicator that is a few
years behind. We should update this annually.
Hagedorn asks if it can be assumed that it went up in May?
Smith states that it doubled.
Dietz agrees.
Jensen asks if this is a negotiated process?
Dietz says yes.
Hagedorn asks if this is another back door method to prop up Timber Ridge?
Dietz states that it is one of the many strategies to increase affordability of TOV EHU portfolio, buy
down units and partnered with Habitat on 10+ units. Eagle County might fund some too. Middle
income level is tough. TOV has put in 10s of millions of dollars to help with affordability of Timber
Ridge and West Middle Creek. Theres a massive demand for more affordable units at Timber Ridge,
and we need to drive down the affordability of these units.
Tucker asks are there ways to have HOAs maintain the EHUs on site? What are we doing to protect
these units?
Dietz states that it need to be approved by Town Council. We don't want people to be happy in EHUs
and then the owner sells it. We are looking at the ones that are empty.
Jensen asks why we aren't targeting high-performing EHUs then?
Dietz, no, the language states underperforming. Staff would not recommend that conversion to TC.
Smith asks if there would be a multiplier depending on geographic location?
Dietz states yes, that is still in place as it exists today in our code.
Smith clarifies that if it is on Beaver Dam, would we get more than $675 per square feet? This is an
opportunity to make more for housing.
Dietz states that it is a 3 to 1 ratio for fee-in-lieu in that area, but it would have to be underperforming.
Smith asks about available GRFA and if the EHU transfers out. Could it be over GRFA?
Roy adds that it would require a DRB application to analyze GRFA allowance
Smith asks about how to remove EHU and meet GRFA.
Smith adds that she thinks this is fully baked and Town Council will make the final decision. They are
going to do what they're going to do. If we exchanged every EHU in Vail, we would get double the
housing money. I would support it as I don;t think we could change it. Council is putting a priorty on
housing.
Hagedorn asks about the definition of underutilized. Is it council to decide that?
Dietz adds that staff would guide Council on that.
Smith adds that there should be guidelines in the housing guidelines for that. Criteria for review should
be added.
No further questions.
Public comment:
Galen Oslind, 35 year resident of Vail, architect, on PEC. He refers to a map of 1970 Vail, describes the
large lots that started Vail. Then refers to 1979 Ordinance #22 that created smaller lots with larger
density. He talks about County land vs Vail land in West Vail. He talks about 1992 when the EHU need
was established. He refers to past EHU exchanges and how the rate was based on the cost of the overall
property, it appeared to be less than 1% of property value on Mill Creek Circle. Is this equitable across
all lots throughout Vail? He also talks about how TOV housing has continually mis-represents his EHU
size.
Lauren Wallace asks about the definition of under-utilized. She states that HOA bullying should not be
a reason.
10
Planning and Environmental Commission Meeting Minutes of September 22, 2025 139
4.1 PEC Results 09-8-25
5. Information Update
5.1 Upcoming Text Amendment on Eating and Drinking Establishments
6. Adjournment
Commissioner comments:
Smith states that she has said her piece.
Jensen states that the language is broad. 1% seems to be the value. He can't help but feel that this will
benefit Timber Ridge even though he does like mortgage buy-downs of the Timber Ridge program. He
needs a better definition to parts of this but trusts the Town Council. This is for the long-term.
Tucker echoes Jensen and Smith. He needs a language to define under-utilized. There is a long history
of buyouts and it's hard to get people to build EHUs in the first place.
Hagedorn states that so much lately is focused on supporting Timber Ridge. More framework is needed.
He can't get here on this and his vote is a no.
Jensen adds that he will also vote no but can make a motion. He urges them to come back with
revisions.
William A Jensen made a motion to forward a recommendation of denial finding it does not meet the
findings on page 15 of the staff memo; Robyn Smith seconded the motion Passed (4 - 0).
4.Approval of Minutes
PEC Results 9-8-25.pdf
William A Jensen made a motion to Approve ; Robyn Smith seconded the motion Passed (4 - 0).
Draft Language 09-22-25 PEC Info Update.pdf
Community Development Director Matt Gennett gives up update on this topic, they will be back on the
13th with further information.
5.2 Vail Village Master Plan Amendment - Red Lion Building
Proposed Vail Village Master Plan Amendment - Red Lion Building (1).pdf
George Ruther with Ruther Associates gives a short introduction to the topic. They will be back on the
13th with additional information.
William A Jensen made a motion to Adjourn ; Robyn Smith seconded the motion Passed (4 - 0).
11
Planning and Environmental Commission Meeting Minutes of September 22, 2025 140
Enhancing EHU Exchange
Opportunities
Proposed Amendment to Chapter 12, Section 13 (5)(D)(5)
Vail Town Code
141
Today’s Work Session
1.Introduction + Overview
2.Background
3.Code Amendment
a.Proposed Language
b.Key Changes
c.PEC + VLHA Feedback
4.Discussion
142
Housing Mission + Goals
“We create, provide, and retain high quality,
affordable, and diverse housing opportunities for
Vail residents to support a sustainable year-
round economy and build a vibrant, inclusive, and
resilient community. We do this through acquiring
deed restrictions on homes so that our residents
have a place to live in Vail.”
(Vail Housing 2027)
143
The Why
The Challenge
•Older deed restrictions without requirements that have become deed
restrictions in name but not in practice.
•Regular non-compliance impacting staff time and resources.
•EHUs with high tenant turnover rates.
•Clarifying interaction with Commercial Linkage and Inclusionary Zoning
employee mitigation code requirements.
A Solution
•Finding ways to transition underutilized deed restrictions into new and
improved deed restricted housing solutions.
The Immediate Opportunity
•Utilize funds to expand Vail’s continuum of housing – in type and
affordability – through the successful partnership with Habitat for
Humanity at Timber Ridge Village.
144
Proposed Amendment
Three key differences
in the proposed
amendment:
•Applicable to all
underutilized EHUs.
•Affirms fee in lieu
calculation method.
•Allows room for fee
negotiation and
reduction within a
range.
145
Comments
Planning +
Environmental
Commission
Vail Local Housing
Authority
•Unanimously voted to recommend
denial of the amendment as
proposed.
•Supported central goal to
turnover non-performing EHUs.
•Expressed desire for further
clarification of
“underutilized.”
•Interest in maintaining strong
compliance efforts as part of
the overall program.
•Noted concerns with potential
GRFA zoning requirement
conflicts after the release of
a deed restriction.
•Unanimously supported making
the proposed amendment more
flexible.
•Expressed strong agreement
with intent of program.
•Wanted further ability to
negotiate pricing based on
market conditions.
•Interest in allowing 1:1
exchange rate under certain
circumstances.
146
Food for Thought
Finding a balance between
predictability and flexibility.
Options for consideration:
•Tie fee in lieu calculation method in
proposed Town Code amendment more closely to
market analysis and conditions (Note: this
will incorporate VLHA feedback).
•Remove restrictions from code and provide
reference to a supplementary policy document
on program implementation that could include
clarification of criteria for
“underutilized,” processes for compliance,
applicability of commercial job core exchange
rate, and further define protections for
Commercial Linkage and Inclusionary Zoning
requirements (Note: this will incorporate PEC
147
Questions and comments?
148
To: Town Council
From: Jason Dietz, Housing Director
Anna Bengtson, Housing Development Specialist
Date: October 21, 2025
Re: Second Reading Ordinance No. 20, Series of 2025
PURPOSE and NEED
Town Staff is proposing to amend Vail Town Code Section 12-13-5, Employee Housing Unit
Deed Restriction Exchange Program. The Employee Housing Unit (EHU) Deed Restriction
Exchange program allows Town Council to release an existing EHU deed restriction in
exchange for placement of a new deed restriction on another dwelling unit or a fee in lieu
payment to the Town. While the program is intended provide “occupied livable, affordable
employee housing units within the Town of Vail” by facilitating the turnover of underperforming
deed restrictions, the Town has only averaged two exchanges per year since 2002. The
proposed amendment creates additional flexibility for fee in lieu exchanges to further incentivize
the transition of underutilized deed restrictions into new housing opportunities.
ISSUE BACKGROUND
The Town of Vail currently administers 1,035 deed restrictions and has an additional 570 new
deed restricted homes under construction. While Town Staff continue to pursue the Vail
Housing 2027 goal to “acquire 1,000 additional resident housing unit deed restrictions,” they are
also working to ensure that existing EHU deed restrictions are effectively meeting the needs of
the community. To this end, Town Staff monitor EHU compliance and try to facilitate the
exchange of EHUs that are not functioning as intended.
There are several scenarios that result in underutilized EHU deed restrictions that Town Staff
target for turnover. Unrented units with pre-1994 deed restrictions are a good example. All deed
restrictions with the Town typically include a rental requirement related to term (i.e. must be
rented for longer than 30 days) and employment (i.e. renter must work an average of 30
hours/week in Eagle County) as well as a compliance reporting requirement (i.e. must annually
submit an affidavit). There are currently 44 deed restrictions dated before 1994 that do not have
rental and/or compliance reporting requirements. According to data collected in 2024, 18 of
these units are rented to local workers and are supporting local housing efforts. Though Town
Staff do not have a full set of usage data, the remaining 26 units represent potential exchange
opportunities to improve EHU availability, utilization, and administration.
Through the EHU exchange program, Town Staff can help transition underutilized EHUs into
new housing opportunities that further the Town Council’s 5-Year Strategic Plan goal to expand
upon the continuum of housing. Town Staff would not only like to incentivize more exchanges to
149
Town of Vail Page 2
improve overall EHU performance but also take advantage of an immediate opportunity to utilize
funds generated by the EHU exchange program to further invest in the successful partnership
with Habitat for Humanity at Timber Ridge Village. Because of Town of Vail and Eagle County
investments to date, 10% of the Timber Ridge Village project are dedicated Habitat for
Humanity units selling at 80% Area Median Income (AMI) and below with 0% 30-year
mortgages. Town Staff would be able to leverage new EHU exchange program dollars to
support the Timber Ridge Village project and continue to help create deed-restricted housing
opportunities at lower AMIs.
PROPOSAL, PROCESS, and FEEDBACK
The Town has historically completed an average of only two EHU exchanges per year.
Enhancing EHU exchange opportunities by adjusting the structure and implementation of fee in
lieu payments could help catalyze more strategic EHU exchanges, improve EHU management
and performance, and assist the Town in pursuing desired EHU acquisitions. To this end, Town
Staff is proposing to amend Vail Town Code, Section 12-13-5(D)(5).
In accordance with Vail Town Code, Section 12-3-7, a proposed amendment was presented to
the Planning and Environmental Commission (PEC) on September 22, 2025. The draft
amendment fully replaced the existing fee in lieu language and had three key changes: (1) it
authorized the Town Council to accept full fee in lieu payment for the exchange of all
“underutilized” EHUs, (2) it reaffirmed the EHU exchange fee in lieu payment calculation, and
(3) it created the opportunity to negotiate a fee reduction within specific parameters.
While the PEC supported the overarching amendment goal, the group had significant
reservations about the proposal as written. They specifically expressed a desire for further
clarification around what would be considered an “underutilized EHU.” They also emphasized
the need for maintaining strong compliance efforts to ensure that the Town is putting in a good
faith effort to not lose good EHUs that could perform better. Ultimately, the PEC unanimously
voted to recommend denial of the amendment as written based on these concerns.
The Vail Local Housing Authority (VLHA) is responsible for the review and recommendation of
proposed EHU exchanges under Vail Town Code, Section 12-13-5(F)(2)(b). As such, the
proposed amendment as well as the PEC feedback was presented to the VLHA on September
23, 2025. VLHA members strongly agreed with the intent of the proposal. However, additional
feedback from the group focused on a desire to create even more flexibility within the proposed
amendment to negotiate fees based on market research and conditions. From the VLHA’s
perspective, the proposed language was still too restrictive to effectively incentivize the
replacement of underutilized EHUs within the same job core given the current 1:1.5 exchange
ratio requirement.
Town Staff presented the PEC and VLHA comments as well as two amendment options to
Town Council during a work session on October 7, 2025. In alignment with the PEC and VLHA,
the Town Council supported the goal of the amendment to expand and facilitate opportunities
for the exchange of underutilized EHUs. Further comments underscored the VLHA feedback
about providing greater negotiation flexibility within the proposed amendment. Taking this into
account, the Town Council chose to move forward with a first reading of Ordinance No. 20,
Series of 2025. The Ordinance passed unanimously on first reading.
150
Town of Vail Page 3
REQUESTED ACTION
Town Staff is requesting approval of Ordinance No. 20, Series of 2025 without changes on
second reading.
151