HomeMy WebLinkAbout2012-10-16 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL
EVENING SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., OCTOBER 16, 2012
NOTE: Times of items are approximate, subject to change, and cannot
be relied upon to determine at what time Council will consider
an item.
1.
ITEM/TOPIC: Proclamation No. 5, Series of 2012, Honoring the service of
the Volunteers in Police Service and declaring the Third Week of October as
“Volunteers in Public Service (VIPS) Week.” (5 min. )
PRESENTER(S): Dwight Henninger, Police Chief
ACTION REQUESTED OF COUNCIL: Read into the record and proclaim
the Third Week of October as “Volunteers in Public Service (VIPS) Week.”
STAFF RECOMMENDATION: See attached proclamation.
2.
ITEM/TOPIC: Proclamation No. 6, 2012, Friends of the Libraries Week.
Read into the record and proclaim October 21-27, 2012 as “Friends of
Libraries Week in Vail". (5 min.)
PRESENTER(S): Lori Barnes
STAFF RECOMMENDATION: Approve Proclamation No. 6, 2012, Friends
of Libraries.
3.
ITEM/TOPIC: Citizen Participation (15 min.)
PRESENTER(S): Public
4.
ITEM/TOPIC: Consent Agenda:
1) Approval of September 4 and 18 meeting minutes;
2) Resolution No. 28, Series of 2012 - Holy Cross Easement for Vail Golf
Course - Todd Oppenhiemer;
3) Resolution No. 29, Series of 2012 - Summit County MOU for the Provision
of Emergency Dispatch Service Staffing - Dwight Henninger;
4) Resolution No. 30, Series of 2012 - TOV approval of 2013 VLMD Budget -
Kathleen;
5) MJG Trust License Agreement - Rachel Dimond.
(20 min.)
PRESENTER(S): Various
5. ITEM/TOPIC: Town Manager Report:
1) Timing on Renovation for Ford Park softball fields - Summer 2014;
2) Bicycle Dismount Zone in Vail Village;
3) Winter Parking Program and Rates for 2012-2013 season; and
4) Council preference for Commission on Special Events (CSE) vacancy 10/16/2012
process for a two month vacancy: 1) forgo the normal process of posting and
publishing, as has been suggested by the CSE, and make an appointment
from the most recent applications for previous vacancies from applicants that
submitted letters of interest from June 2011 to June 2012 that are still
interested; or 2) leave the position vacant until the position comes up for
renewal in December, 2012.
Telephone calls have been made to all the applicants on the list.
All have expressed interest except for Sarah Franke who has time constraint
issues. Also staff hasn't heard back from the following applicants: Dave
Chapin, Janyce Brandon, Jeff Andrews and Katherine Richardson. The list
of interested parties from June 2011 to June 2012 is attached. If you would
like to review their letters of interest, you may go to the dates on the
attachment in past Council agendas. (10 min.)
PRESENTER(S): Various
6.
ITEM/TOPIC: A request to enter into a license agreement with David &
Alexandra Ransburg for existing private improvements (patio & water
feature) on town-owned streamtract (Unplatted), adjacent to 463 & 473
Beaver Dam Road/ Lots 4&5, Block 4, Vail Village Filing 3, and setting forth
details in regard thereto. (15 min.)
PRESENTER(S): Rachel Dimond
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall
approve, approve with conditions, or deny the applicant’s request to enter
into a license agreement with the Town of Vail for use and maintenance of
town property for a patio and water feature.
BACKGROUND:
l A duplex was built on the subject property in 1988, with no
encroachments onto Vail Resorts-owned adjacent property shown on
plans.
l In 1990, the applicant was granted permission to subdivide the
property into three parcels, including one parcel for each side of the
duplex and a common parcel.
l In 1990, Vail Resorts and the applicant submitted a number of
documents to the Town of Vail stating an encroachment agreement
would be executed, or said encroachments would be removed. The
encroachment agreement was never executed, but the encroachments
remain.
l In 1999, Vail Resorts deeded the subject streamtract to the Town of
Vail.
l On July 19, 2011, the Vail Town Council unanimously approved a zero
tolerance policy for encroachments into town-owned streamtract in
order to improve the health of Gore Creek.
STAFF RECOMMENDATION: Because the Town of Vail approved the
encroachments in 1993, the Community Development Department
recommends the Vail Town Council approves, with conditions, the
applicant’s request.
Should the Vail Town Council choose to approve the applicant’s requests,
Staff recommends the Council include the following condition: “The license 10/16/2012
agreement shall include a clause that allows the license to be revoked by the
Town of Vail at any time for any reason.
7.
ITEM/TOPIC: Colorado Department of Transportaion(CDOT) Project
Update regarding Chain Stations along Interstate 70 in Vail Colorado (25
min)
PRESENTER(S): Michelle Hansen from Stouflous; Martha Miller and David
Oldham from CDOT; and Greg Hall and Dwight Henniger with the Town of
Vail
ACTION REQUESTED OF COUNCIL: Provide feedback and allow public
input with regard to the information presented
BACKGROUND: CDOT has taken on a study to identify improvements to
increase the capacity of safety of the chain up and down stations in Vail
along I-70. See attached memo for addtional information regarding the
project.
STAFF RECOMMENDATION: Provide feedback and allow public input with
regard to the information presented
8.
ITEM/TOPIC: Second Reading of Ordinance No. 12, Series of 2012, an
ordinance adopting the 2012 Building Codes with amendments. (30 min)
PRESENTER(S): Martin Haeberle, Mike Vaughan
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall
approve, approve with modifications, or deny Ordinance No.12, Series of
2012 upon second reading.
BACKGROUND: The Building and Fire Appeals Board has held public
hearings monthly over the last nine months reviewing the changes from the
adopted building codes and amendments to the 2012 Building Codes for the
purpose of recommending the adoption of the 2012 Building Codes by the
Vail Town Council. The Board has eliminated many of the amendments in
the towns current building codes that are now within the body of the building
codes or out of date with current technology. The Board has also added
provisions that address construction practices that are unique to our
community. Public input has been a key factor in these changes.
Ordinance No. 12, Series of 2012 was approved as presented by the Vail
Town Council on first reading on October 2, 2012 with a 5-1-0 vote.
STAFF RECOMMENDATION: The Community Development Department
and Fire Department recommends the Vail Town Council approve Ordinance
No. 12, Series of 2012 upon second reading.
9. ITEM/TOPIC: First reading of Ordinance No. 13, Series of 2012, an
ordinance amending the construction sign provisions and repealing the
temporary site development sign provisions of Title 11, Sign Regulations,
Vail Town Code, and setting forth details in regard thereto. (PEC120031)
(30 minutes)
PRESENTER(S): Bill Gibson, Community Development Department
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall
approve, approve with modifications, or deny Ordinance No. 13, Series of 10/16/2012
2012, on first reading.
BACKGROUND: On September 24, 2012, the Planning and Environmental
Commission forwarded the Vail Town Council a recommendation of
approval, with modifications, for prescribed regulation amendments to Title
11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3,
Prescribed Regulations Amendment, Vail Town Code, to allow for
amendments to the construction sign regulations, and setting forth details in
regard thereto. (PEC120031)
STAFF RECOMMENDATION: The Planning and Environmental
Commission recommends approval of Ordinance No. 13, Series of 2012, on
first reading.
10.
ITEM/TOPIC: Ordinance No. 15, Series of 2012, An Ordinance Amending
Title 7, Vail Town Code by the Addition of Chapter 10 Regarding Commercial
Transportation Regulations; and Setting Forth Details in Regard Thereto.
(15 min.)
PRESENTER(S): Dwight Henninger
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Ordinance No.15, Series of 2012, on first reading.
BACKGROUND: At the July 17, 2012 Council meeting direction was given
on managing the transportation organizations in town. Staff is presenting
this ordinance and management plan to put in action Council's direction.
STAFF RECOMMENDATION: Approve, approve with modifications, or deny
Ordinance No. 15, Series of 2012, on first reading.
11.
ITEM/TOPIC: Resolution No. 31, Series of 2012, a resolution repealing and
reenacting the Town of Vail Employee Housing Strategic Plan. (30 Minutes)
PRESENTER(S): Nina Timm, Community Development Department
ACTION REQUESTED OF COUNCIL: The Community Development
Department requests the Vail Town Council listen to the Staff presentation,
ask questions and provide feedback. The Community Development
Department also requests the Vail Town Council grant a continuance of
Resolution No. 31, Series of 2012, to its November 6, 2012, public hearing
for further deliberation.
BACKGROUND: The Town of Vail adopted its Employe Housing Strategic
Plan on September 2, 2008. Since that time market conditions have
changed, additional information is available and there has been completion
of action items from the current plan. Proposed amendments to the
Employee Housing Strategic Plan make it a more current and relevant guide
for decision making.
STAFF RECOMMENDATION: The Community Development Department
recommends the Vail Town Council grant a continuance of Resolution No.
31, Series of 2012, to its November 6, 2012, public hearing for further
deliberation.
12. ITEM/TOPIC: Adjournment (9:20 p.m.)
10/16/2012
10/16/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 16, 2012
ITEM/TOPIC: Proclamation No. 5, Series of 2012, Honoring the service of the Volunteers in
Police Service and declaring the Third Week of October as “Volunteers in Public Service
(VIPS) Week.”
PRESENTER(S): Dwight Henninger, Police Chief
ACTION REQUESTED OF COUNCIL: Read into the record and proclaim the Third Week of
October as “Volunteers in Public Service (VIPS) Week.”
STAFF RECOMMENDATION: See attached proclamation.
ATTACHMENTS:
Proclamation No. 5, 2012 VIPS PD Volunteers
10/16/2012
TOWN OFVAIL
PROCLAMATION NO.5, SERIES OF 2012
A PROCLAMATION DECLARING THE THIRD WEEK OF OCTOBER AS
"VOLUNTEERS IN POLICE SERVICE (VIPS) WEEK"
WHEREAS, the entire community can effect a positive change with any action, no
matter how big or small; and
WHEREAS, Volunteers can connect with the local community through service
organizations, such as Volunteers in Police Service; and
WHEREAS, Volunteers in Police Service donate their time to make a real difference
in the lives of residents and guests of the Town of Vail; and
WHEREAS, since October 2011 Vail VIPS have donated 1,138 valuable hours
equivalent to $20,541.00 performing non-enforcement duties; and
WHEREAS, the members of the Volunteers in Police Service give unselfishly by
serving the Town of Vail.
NOW, THEREFORE, BE IT PROCLAIMED that the Vail Town Council declares the third
week of October 2012, as Volunteers in Police Service Week. Accordingly the Town of Vail
encourages citizens and guests alike to join the Town of Vail VIPS program to foster and
enhance partnership between the community and Vail Police Department.
SIGNED this 16th day of October, 2012.
Andrew P. Daly, Mayor
ATIEST;
Lorelei Donaldson, Town Clerk
10/16/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 16, 2012
ITEM/TOPIC: Proclamation No. 6, 2012, Friends of the Libraries Week. Read into the record
and proclaim October 21-27, 2012 as “Friends of Libraries Week in Vail".
PRESENTER(S): Lori Barnes
STAFF RECOMMENDATION: Approve Proclamation No. 6, 2012, Friends of Libraries.
ATTACHMENTS:
Proclamation No. 6, 2012 Friends of Library
10/16/2012
TOWNOFYAIL
PROCLAMATION NO.6, SERIES OF 2012
A PROCLAMATION DECLARING OCTOBER 21 -27, 2012
AS
"NA TIONAL FRIENDS OF LIBRARIES WEEK"
Whereas, Friends of the Vail Public Library raise money that enables the Town of Vail
Library to move from good to great, providing the resources for additional programming
much needed equipment, support for children's summer reading and special events
throughout the year; and
Whereas, the work of the Friends highlights on an on-going basis the fact that our library
is the cornerstone of the community providing opportunities for all to engage in the joy of
. life.:long learning and connect with the thoughts and ideas of others from ages past to the
present; and
Whereas, the Friends understand the critical importance of well funded libraries and
advocate to ensure that our library gets the resources it needs to provide a wide variety of
services to an ages including access to print and electronic materials, along with expert
assistance in research, readers' advisory and children's services; and
Whereas, the Friends' gift of their time and commitment to the library sets an example
for all in how volunteerism leads to positive civic engagement and the betterment of our
cQmmumty: and
Now, therefore, be it resolved that 1, Andrew P. Daly, Mayor, proclaim October 21-27,
20J 2, as friends of Libraries week in Vail, Colorado and urge everyone to join the
Friends of the Library and thank them for all they do to make our library and community
so much better.
SIGNED this 16th day of October, 2012
Andrew P. Daly, Mayor
10/16/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 16, 2012
ITEM/TOPIC: Citizen Participation
PRESENTER(S): Public
10/16/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 16, 2012
ITEM/TOPIC: Consent Agenda:
1) Approval of September 4 and 18 meeting minutes;
2) Resolution No. 28, Series of 2012 - Holy Cross Easement for Vail Golf Course - Todd
Oppenhiemer;
3) Resolution No. 29, Series of 2012 - Summit County MOU for the Provision of Emergency
Dispatch Service Staffing - Dwight Henninger;
4) Resolution No. 30, Series of 2012 - TOV approval of 2013 VLMD Budget - Kathleen;
5) MJG Trust License Agreement - Rachel Dimond.
PRESENTER(S): Various
ATTACHMENTS:
September 4, 2012 meeting minutes
September 18 meeting minutes
Resolution No. 28, Series of 2012
Resolution No. 29, Series of 2012
Resolution No. 30, Series of 2012
MJG Trust License Agreement
10/16/2012
Town of Vail Meeting Minutes of September 4, 2012 Page 1
Vail Town Council Meeting Minutes
Tuesday, September 4, 2012
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Kerry Donovan
Kevin Foley
Ludwig Kurz
Greg Moffet
Margaret Rogers
Susie Tjossem
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Lorelei Donaldson, Town Clerk
_________________________________________________________________
The first item on the agenda was Citizen Participation. Kaye Ferry introduced Kevin Lundberg
as the Republican candidate for the Colorado State Senate Seat for the Second Congressional
District. Lundberg stated the district has been redrawn and includes several mountain
communities including Vail and most of the Northern and Central communities in the front range
of Colorado. He stated he will bring the same solid principles he has championed for the past
ten years as a state legislator. He said he would continue to work toward lower tax burdens,
more reasonable regulations, local control of education, getting people back to work, repealing
the federally mandated medical plan and getting rid of more federal policies. He said he was a
small business owner and he understood the hardships of over regulation and government
intrusion. He wants to preserve individual liberties. He said people can access more
information at his website at www.Lundberg2012.com.
Ann Fattor introduced herself and said she is running for a seat on the State Board of Education
for District Two. She said she has a long history of service to her community and good
leadership. She has eight years of service on the Gilpin County Board of Education, four years
on the Colorado Association of School Boards and was president of that board in 2002. She
has also been chair of the Gilpin County Republicans since 2008. She stated more information
can be found at her website at www.fattor4stateboardofeducation.com.
The second item on the agenda was the Consent Agenda. On the consent agenda were the
approvals of a correction plat for Moraine Drive; approval of the August 7, 2012, meeting
minutes; and the August 21, 2012, meeting minutes.
Moffet made a motion to approve the consent agenda with minor changes to the meeting
minutes and the motion was seconded by Donovan. A vote was taken and the motion passed,
unanimously, 7-0.
10/16/2012
Town of Vail Meeting Minutes of September 4, 2012 Page 2
The third item on the agenda was the town manager report. Under this item was an update on
the water and drought conditions from the Eagle River Water and Sanitation District (ERWSD).
Diane Johnson, ERWSD representative, stated the main update was in switching processes
from how much water is available to meeting the demand to customers. She discussed the
main stream flow and senior rights of the creek and how they revise their operations to adapt to
the cfs flows and demands to customers. She said they are asking customers to lessen the
impact on Gore Creek by letting their lawns go dormant now and reduce their usage of water as
much as possible. She encouraged people to button up their sprinkler systems early and not
wait until the first frost. The current outlook is that the drought will persist through November.
Rick Sackbauer, board member of the ERWSD, stated the district has signed an agreement
with Vail Resorts, Inc. (VRI) to move water through the VRI snow making system and put it into
Gore Creek. They saw significant changes through this process. VRI is concerned about the
water flow levels for snowmaking equipment. This should be a win-win for everyone. Kurz
asked him to explain where water is pumped normally. Sackbauer said in the summertime,
most of the water is from the Vail end of the valley and interconnects down to Eagle-Vail, Avon
and the Edwards area for landscape irrigation. This year, water was moved from the Edwards,
Avon and Eagle-Vail area up to the Vail area. He said VRI can take water from Gore Creek and
the Eagle River into their snowmaking system. Water is usually not ever released into Gore
Creek. He also stated that the Black Lakes at the top of Vail Pass are full at this time.
The fourth item on the agenda was first reading of Ordinance No. 10, Series of 2012, an
ordinance amending Chapter 12-22, View Corridors, and Section 14-10-3C, Site Planning, Vail
Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the
maintenance of adopted view corridors impacted by vegetation, and setting forth details in
regard thereto.
Warren Campbell, Chief Planner, said this is first reading of Ordinance No. 10. On July 17,
2012, the Council heard a presentation on the current view corridor regulations and concerns
raised by the Planning and Environmental Commission (PEC). After the presentation the
Council directed staff to propose amendments addressing the maintenance of vegetation
impacting adopted view corridors. On August 13, 2012, the PEC forwarded a recommendation
of denial (5-0-0) on proposed amendments to Chapter 12- 22, View Corridors, and Section 14-
10-3C, Site Planning, Vail Town Code, to allow for the maintenance of adopted view corridors
impacted by vegetation. He said the DRB was concerned about negative impacts.
Rogers asked for a more detailed account about the PEC conclusions that were the basis of
their denial and how it would have a negative impact. Tjossem asked if the PEC understood the
question they were specifically trying to address was about four view corridors. Campbell said
he believes they understood the broader policies and that View Corridor #1 was included in their
discussions. The PEC comments were focused on stream health and were concerned the
mitigation to the vegetation could go to one extreme. He said the DRB has consistently used
Section 14-10-3(C) to prevent removal of vegetation for the sole purpose of obtaining a view to
a landmark (commonly the Gore Range or the ski mountain). This section of the code reads, “C.
Removal of trees, shrubs, and other native vegetation shall be limited to removal of those
essential for development of the site, those identified as diseased or those essential for creating
10/16/2012
Town of Vail Meeting Minutes of September 4, 2012 Page 3
defensible space. Mitigation may be required for tree removal.” The DRB was concerned about
allowing the town to perform an action which is consistently denied for private property owners.
Jim Lamont, representing the Vail Homeowners Association, stated he didn’t participate in this
topic when it was previously discussed. He thinks this is a political issue. The marketing value
of having a view of the Clock Tower would be a photo opportunity from the Vail Transportation
Center belvedere. He said it was evident that people turn to the iconic view of Vail and it is no
longer there due to the trees.
Campbell said there are three aspens impacted in View Corridor #1. He also stated all view
corridor points are on public property but they do cross over private property. Most of the trees
are on private property in the view corridor and do not impede the view as they would have to
double or triple in size to do so.
Lamont asked more questions regarding various aspects of the ordinance and view corridor
issues. Lamont urged Council to re-expose the Clock Tower in View Corridor #1 at the
minimum. Rogers asked if the trees could be trimmed or get a variance. Campbell said this
type of application isn’t what you would get a variance on. Campbell said language has to be
passed to let the Design Review Board have the chance to evaluate based on a case by case
basis to address issues as they appear. He said on the PEC level, most of the requests would
come from the town.
Rogers said she understands the concerns of the PEC, but in View Corridor #1, four trees are
not going to impact the water temperature of the creek. She asked if the Council could consider
an ordinance that effected View Corridor #1 only. Mire said that would be harder to enforce.
Mire said Vail is a homerule municipality and they could consider whatever they want. Further
discussion ensued.
Campbell reviewed the memorandum and ordinance language in more detail to explain how the
process would work if the ordinance passed. He discussed the roles of the PEC and DRB in the
process.
Rogers said there is an issue with View Corridor #1 and she wants to get this taken care of
without unintended consequences. Campbell said he understands and believes this ordinance
allows the town to reevaluate issues on every view corridor, not just View Corridor #1.
Tjossem said she was voting in favor of adopting the ordinance to have flexibility to trim
vegetation as it may be necessary. Rogers agreed.
Tjossem made a motion to approve Ordinance No. 10, on first reading and the motion was
seconded by Rogers. Donovan said she will support approval of first reading. She said she will
get more information from someone who sat on the Council in the 1990’s to get his/her intent of
the ordinance when it was passed at that time.
A vote was taken and the motion passed unanimously, 7-0.
Moffet said he wanted language added so people couldn’t “top” trees. Campbell said he would
add to the proposed ordinance on second reading.
10/16/2012
Town of Vail Meeting Minutes of September 4, 2012 Page 4
The fifth item on the agenda was Resolution No. 25, Series of 2012, A resolution calling a
Special Election for November 6, 2012, to be Coordinated with Eagle County, and submitting
ballot questions to the registered electors of the town at the November 6, 2012, Coordinated/
Special Election.
Matt Mire, Town Attorney, stated the Council has determined that several changes to the Vail
Town Charter are warranted. All amendments to the Vail Town Charter must be approved by
the registered electors of the town at a regular or special election.
He stated the Council has heard the individual items and agreed to most of them at the previous
Council meeting. He said there were still two outstanding questions that needed resolution. On
ballot question number two regarding changing the language of the date for November
elections, Moffet had a question regarding Tabor. He said with federal elections, the state has
to coincide the federal elections in even number years to coordinate with state elections. The
town wants to have the discretion to have even number years to coordinate a special election
with the county and state elections.
The second item Mire reiterated from the previous meeting, the Council wanted to preserve the
initiative and referendum percentages and adopt state language for the rest of the initiative and
referendum section of the charter. He also said that with the ballot question regarding the
capital program, there is a reference in the charter now but it does not state it should be a 50/50
split. The ballot language would allow for the capital program to be in the Charter but the split
be set by ordinance. A sample ordinance was attached to the Council agenda packet for
Council review. He read the changes in the ordinance.
Rogers made a motion to approve Resolution No. 25 and the motion was seconded by Moffet
and Kurz.
Jim Lamont, representing the Vail Homeowners Association, asked Mire about the 50/50 split
being taken out of the Charter. Mire said the Charter doesn’t reference the percentages, but
this change will allow the percentages to be set by ordinance. The draft ordinance doesn’t put
in a specific split currently. The Council can already change the percentage by ordinance. Mire
reiterated there is no charter or ordinance requirement for a 50/50 split.
Lamont reiterated that the reality is there is no longer a 50/50 split and there can be an
ordinance passed setting percentages now. The super majority vote of the Council can change
that at its discretion at any time. He said when the Charter originally addressed this issue, it
was to have a balance between operations and capital. The Council has two debates, one,
keeping it 50/50 and the rational with changing percentages; and two, how the budget should be
balanced.
Rogers said the budget process has to be approved every year no matter whether it is by
ordinance or by Charter. The Council is suggesting to take it out of the Charter and putting in
language by ordinance. Lamont said when it comes to budgeting the Council will change every
two years. Rogers said this language cleans up the Charter. Lamont would like the
percentages in the Charter where the people vote on the changes in the split.
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Town of Vail Meeting Minutes of September 4, 2012 Page 5
Moffet said he understands Lamont’s concerns, but the bigger pticure is that the Charter doesn’t
state there needs to be a 50/50 split. Everyone thought it was in the Charter but it doesn’t exist.
The Council is putting more teeth in the system that the Council will have to adhere to.
Daly said his opinion is different. He said the town has been responsible in the past under the
assumption that the Council was required to allocate a 50 percent split to capital and 50 percent
split to operating over the years. This has resulted in behavior that has been advantageous on
how the town has been run. The idea of putting it in an ordinance and requiring a super majority
for changing it is not a guarantee that the stewardship and fiscal responsibility will continue and
be adhered to in the future. He is a proponent of having additional language of a 50/50 or 60/40
or some allocation split be added in the Charter and not by ordinance.
Moffet said if a future Council decided to abandon the percentages, there is still a way for the
populace to weigh in on the decision as it could be subject to the referendum process.
A vote was taken and the motion passed 6-1, with Daly opposed.
The sixth item on the agenda was an update on the Vail Golf and Nordic Clubhouse project.
Greg Hall, Public Works Director, stated that staff presented a comprehensive project issues
report at the August 21, 2012, Council meeting. This report was prepared based on letters and
comments received to date from the community regarding the clubhouse project. Public
comment was taken on the list of issues and based on this input the list was refined to include
better clarification with regard to concerns about lighting and the overall economic need for the
facility. At the conclusion of the August 21st meeting, it was decided that staff would present
responses to these issues at the September 4th and 18th Council meetings. There were
thirteen issues regarding the project that were discussed on August 21st. Topics that were
discussed at the work session on September 4th included: 1) the re-zoning process, General
Use(GU) zone district, etc.; 2) tents; 3) future use of 18th green area once the realignment is
complete; 4) the parking lot access; and 5) the driving range netting. He asked the Council to
provide feedback to the staff regarding the items presented. This will allow the project team to
better respond to the issues which have been gathered and to prepare responses to these
issues to be included in a formal application for the project. Staff needed to get Council and
public input again.
Tom Braun, with Braun and Associates, Inc., said they will have more information in the next
few weeks. The project team wants to go into the five topics as they know more about them.
He reviewed the process and rezoning item first. In regard to the re-zoning/GU District, the
project team’s original objectives were: resolve the existing condition of the club house area
being zoned both General Use (GU) and Outdoor Recreation (OR) and establish development
standards for a development review process that will allow for a building height up to 33’
(sloping roofs). The concerns were that any rezoning would need to include a development
plan. They are committed to having a development plan included when an application is
submitted. The GU would have a broader use than outdoor recreation zoning. This is an
awkward situation that should be remedied. The whole project should have just one zone
district as it creates more challenges.
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Town of Vail Meeting Minutes of September 4, 2012 Page 6
Rogers asked if the outdoor recreation zoning requires a specific number of parking spaces as
she doesn’t want to do something that would require a large parking lot if we make it Outdoor
Recreation District versus General Use District.
Braun stated that the number of parking spaces required would not be increased with either
zoning designation. The one issue in the outdoor recreation district is the 24-foot building height
limit. The proposed building has a height of 33 feet. There could be an amendment to the
Outdoor Recreation District to change the height from 24 feet to 33 feet, but that may create
further complications with other Outdoor Recreation District properties. Further discussion
ensued on the merits of General Use versus Outdoor Recreation.
Braun reviewed the second topic which was the use of tents. In the powerpoint presentation,
they listed that no tents would be allowed for private functions. However, a bonafide community
event could have a tent. Rogers asked if the VRD did a financial analysis to make it a profitable
enterprise and that was why the tent concept came into play. Ortiz said that is not true. They
need outdoor space but they don’t necessarily need a tent. Daly said there was a space on the
plans so Zehren put “tent” on it and that’s where this came from. Braun said it also came from
the fact that tents have been used in the past.
Tjossem asked about the terminology of what constitutes a “bonafide community event.” She
said that needs to be defined as it opens this up to lots of various interpretations over the years.
Braun said they don’t want to preclude a larger event that may need a tent. Tjossem said to use
a stronger word to define it. Braun said this will be addressed in the conditional use application.
Daly asked to add the location for the tent to the drawings as well.
Braun said the third topic was the use of the 18th green space. If they are committing to this
use, define it and program it in the conditional use application. They are still working on the
possible uses. Other possible uses that may be compatible with the neighborhood is a putting
green, a putting course, badminton, croquet, bocce ball or something else.
Moffet said they need to be sensitive to the fact that this space will be right next to a green.
Rogers said this is why they need the expertise from the VRD as they know what is compatible
and are the experts, not Council.
Braun then talked about the parking lot access. He said currently there is 185 to 190 feet of site
distance. In the new process, it reduces this to about 130 feet of site distance. Hall studied
industry standards and there is a lot of conflicting information. The Ashto Traffic Code Manual,
which is the leading expert in this field, suggests there the standard site distance is 170 feet;
thus, they made the decision to keep it where it is to be in compliance with the standards.
Braun said the last topic was about the netting and Mike Ortiz will be addressing the topic.
Mike Ortiz, Vail Recreation District Director, said the VRD board and staff have come to the
conclusion, throughout the process, they are not going to pursue putting up the driving range
net this fall. They need to put the net up when the ground is dry and spring is not a good time
as it is too wet. They plan on installing the netting next fall. They will try to manage the range in
2013 as best they can. They will keep studying where the balls are landing and see if they can
do mitigation of balls going over the net. They plan to do this through signage, verbal
communication and more staff on the range. A large part of the problem of balls going over the
net is due to people doing it on purpose. If they have staff policing this area it will cut down on
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Town of Vail Meeting Minutes of September 4, 2012 Page 7
the problem. This is a working plan for the summer of 2013 and is not the permanent solution.
It will be studied and they will come back to Council and give them the data of how it worked
and what they propose.
He went through the power point presentation and discussed that the range will be narrowed
even more because the baffles will come out into the range and will impact the guest
experience. The current range is already narrow. While this could be a solution, it’s not
optimal. It will impact the guest experience, quality, revenues and operations. This whole
project will be a significant impact financially to the revenues and operations of the VRD to be
shut down for a year. He discussed in more detail aspects of the poles, netting and site plan.
He said there has been a lot of talk with consultants on how to make this work best. A lot of talk
has been on why a net needs to be there now. He said all over the golf course they have
adjoining fairways and people get hit all the time but they don’t always report it. He has seen it
happen. When you are on the fairway you are a moving target. When you place it on a green,
you are a standing target and the likelihood of getting hit is that much more.
Tjossem said she was confused about having to move the 18th green. She thought it was
because of the ball flight concerns and that netting was going to solve it. Now it seems to put
off the net test for a year while all the other things are in motion makes her wonder how
legitimate the nets were in the first place. She wants to understand the process. The sequence
of the process is out of place to her.
Ortiz stated there are two ball flights to consider. The first is coming from the driving range
hitting into the 18th hole where people are a standing target. And the second is that the fairway
is being moved because it is currently too close to the current patio and clubhouse and balls are
hitting people there. Further discussion ensued.
Tjossem said she would like to see that all aspects of the Vail Golf Course Clubhouse design
and 18th green being moved discussed at one meeting, including the green, the grill, the patio
and clubhouse design. She doesn’t want two separate discussions as it complicates the issue.
Hall stated there are other issues that need to be considered as well: project costs, netting,
design, concerns about the soils and wind load.
Daly said at the next meeting they should plan on coming back to discuss the netting to see it in
terms of design for play on the modified 18th green. Also, impacts to the front of the clubhouse,
deck and the driving range as it impacts the 18th green and the new cart dropoff and the grill on
the north side of new clubhouse.
Ortiz said the operation plan is a working document and the VRD board will be reviewing it at
their next Thursday meeting on October 6th. This is a working document. It will not be a final
document that is presented to the Council on September 18th.
Zemler said they shouldn’t commit to the September 18th meeting for hearing about the
operating plan as they won’t have all the information necessary until the first meeting in
October. Daly said this will be a three meeting process. Zemler said at least three meetings.
Daly said the public should limit their comments to two minutes. He asked to have a civil and
respectful process and to take side conversations out of the meeting room. He asked everyone
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Town of Vail Meeting Minutes of September 4, 2012 Page 8
to stay focused on issues presented tonight to get solid feedback relative to the information
provided.
Raul Hamlin, a property owner, said we are painting ourselves into corner with a hodgepodge of
expensive bandaids. He said it comes down to the 200 person community room. He said the
200 person room space should be lowered as there may be no desire to have this space as
there are other new venues on Vail mountain that may suffice. He said Council needs to
reconsider the size of the community space, the size of the patio and moving the new green.
Cutting the space down will save a lot of money for netting and other expenses.
Art Abplanalp, attorney for Glenn Hilliard who is an adjacent property owner, said Mr. Hilliard
forwarded an email covering issues that have been identified with this project. All comments
were contained in the letter from him and his neighbors. He wants the email sent to Council
added to the packet for the record. He said the project is unacceptable at this time. The
difference between him and the rest of the neighborhood is Hilliard is the only one who wants to
continue discussions. Others don’t. He addressed the removal of the re-zoning as a good
thing. Tents should not be allowed. The alternative use of the 18th hole should generate no
additional traffic. With reference to the change in the access point of parking, leaving it where it
is was a good decision. He said the safety issues are more imaginative than credible. The
height issue in the present plan would locate any significant improved area outdoors to the north
of the clubhouse.
Zemler said they have had many requests to flip the spaces. He asked Abplanalp if the
neighbors are saying they want to flip all activity to the north side of the building. Alplanalp said
the plan they are suggesting would assume the building would remain in its current area and the
kitchen would be in the same place. The difference is that the expanded space on the north
side would be for the patio and grill.
Sam Maslak, a Sunburst Drive property owner, stated the majority of adjacent property owners
said they didn’t know this discussion was being held until last Friday, so the next meeting will
have better attendance from the neighbors. He said he just recently received the Hilliard letter
and he and other neighbors didn’t have an opportunity to add to the list. He wants to expand
the list of topics besides the 18th fairway to discuss at future meetings. He said the addition of
an event center seems contrary to the purpose of the golf course and asked if the event center
was in compliance with the Pulis covenants. He said that if a conditional use permit would allow
for tents at public events but not for private events is a concern. He said this process could also
be used to allow tents for private events as well. He said if additional revenues are needed to
support an event center, this would be an issue and putting up a tent at all is a concern.
Deborah Webster, a property owner on Sunburst Drive, said in general there is a sense from the
neighbors that they don’t understand the dynamics of the town direction. She said they are in
agreement that they need a world class club house. However, they view the event center as
taking money out of having a world class golf club house. She said everyone should remain
flexible and focus on what the voters wanted. She has looked at the Donovan Pavilion said they
should compare the two venues. She wants Council to look at the residences in relation to the
clubhouse.
Peter Cook said he lives in East Vail and has played the golf course many times. He said when
the residents voted on this, they only wanted a clubhouse that didn’t stink and was worth
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Town of Vail Meeting Minutes of September 4, 2012 Page 9
having. As it has evolved, it is an event center. He said people have said not to call it an event
center but he feels this is an event center. He said if the town and VRD make all the changes
as proposed, it will be a lot of money. He said there is no way to make a ROI out of a 200
space event center. He doesn’t see how this project can fly financially.
Jim Lamont, representing the Vail Homeowners Association, said special events have a
voracious appetitie and he doesn’t think this will be an acceptable solution. He wants it clarified
that all parties consider view corridor protection from residences and from the public street and
down the 18th fairway. He said the views of the building should be reoriented because the
neighbors may decide to do forms of guerrilla warfare to make it unpleasant to look at.
Whatever uses are put on the vacated green need to be similar to the use as is currently.
Rick Sackbauer said he lives in the VRD District, is a VRD board member, but these were his
personal comments. He said this information has not been in front of the VRD yet. He said he
personally has a different view of tents than many people. He said a tent can be a part of the
building that fits the mass, height and color. He stated that operating this current building for the
last four years and knowing that Vail has cool evenings, rain and other weather, the tents could
expand the golf course functions and would work. He said the Eagle-Vail Golf Course and Red
Sky Golf Course both accommodate tents that are used, not often, but well. He said in
response to Mr. Hilliard’s comments to move functions to the north, the architect has done an
excellent job of keeping events away from the golfers and golfers away from the events as I is
not compatible to mix those two functions.
Malia Norbrega,with Crossroads Realty, said they represent Phase II, III and IV of the Vail
Golfcourse Townhome owners. She said some progress has been made so far and the owners
will be happy to hear that the zoning has been removed from the discussions. The comparison
with the Eagle-Vail Golf Course should not be compared with the Vail Golf Course as it is not
anywhere reasonable for the type of multi-uses being considered with residences that exist
nearby. The tent and event center are a big concern of the homeowners. She said if the
economic impact is not very successful, this may push the VRD and town to seek to other ways
that can change the use of the space in the future. The owners don’t want to see an events
center there. Doing an economic study will be helpful and she appreciates the work done so
far.
Daly invited the public to come to the next two meetings in two weeks and four weeks to
participate and work through this process.
The seventh item on the agenda was the appointment of one person to the Vail Local Licensing
Authority (VLLA) to fill a vacancy.
Staff requested the Council interview the interested applicants at the work session earlier in the
day and asked Council to appoint one new member at the evening meeting. The term of the
appointment runs from August, 2012, to June, 2013. Daly stated there were two candidates,
Luca Bruno and Chris Parks. Moffet thanked both applicants for applying and for their interest
in the town board. The council voted by ballot and Luca Bruno was then nominated to the VLLA.
Kurz made a motion to appoint Luca Bruno to the VLLA board and the motion was seconded by
Moffet. A vote was taken and the motion passed, unanimously, 7-0.
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Town of Vail Meeting Minutes of September 4, 2012 Page 10
The eighth item on the agenda was the Century Link Utility Easement, so it is a revocable
easement removing it in the future if the town requires it, at the Ford Park Soccer Field.
Tom Kassmel, Public Works Engineer, said Century Link replaced a failing utility line at the
Northwoods Condominiums this past spring. They completed an underground bore in order to
accommodate the new line along the east edge of the Northwoods driveway, and behind their
existing entrance sign. Upon completion, it was determined that the new line was actually on
town property. Century Link is requesting an easement from the town for this new utility line in
order to keep it in its existing location. The existing utility line currently does not impact any town
infrastructure or landscape and does not require any further disturbance to town property. This
also is contingent upon removing it in the future if the town requires it.
Moffet made a motion to approve the draft of the easement to allow Century Link to go through
the Ford Park Soccer Field Lot, legally known as Vail Village Filing 7, Block 2, Tract & Lot A &
B, in a form approved by the Town Attorney with the requirement that Century Link will remove
the line and vacate the easement as necessary at any such time that the town requests its
removal or relocation. The motion was seconded by Foley. Rogers questioned whether this
should be an approval for a draft of an easement or an approval of the final easement. Further
discussion ensued about draft versus final easement approval by Council.
Moffet amended his motion to change the wording from draft to final easement and Foley
seconded the motion. A vote was taken and the motion passed, unanimously, 7-0.
The ninth item on the agenda was a discussion regarding the South Frontage Road
improvements and guardrail installation project.
Tom Kassmel, Public Works Engineer, said staff requested the Council allocate $396,000 from
the Traffic Impact Fee Fund to the 2012 budget and authorize the Town Manager to enter into
an agreement with Elam Construction Inc. to complete the South Frontage Road Improvements
and to enter into a separate agreement with Ideal Fencing Corp. to complete the guardrail
installation project.
He said in 2011, the Town of Vail and Colorado Department of Transportation (CDOT) entered
into an Intergovernmental Agreement (IGA) regarding the use of the Frontage Roads for
overflow parking. The IGA outlined certain safety improvements that are required to be installed
by the town at the overflow parking locations. The improvements to be completed in 2012
include shoulder widening of the South Frontage Road from approximately the Vail Resorts
maintenance facility to the heli-pad, and guardrail installation along I-70 in two locations:
westbound I-70 from Safeway to Arosa Drive and eastbound in the same location as the above
described shoulder widening.
Included in the improvements of the South Frontage Road is a CDOT-required westbound left
turn lane at West Lionshead Circle. The existing left turn volumes during the peak hour at this
location warrant the construction of a turn lane and the improvements have been identified by
CDOT and the town’s Transportation Masterplan of 2009. Shoulder widening fees came from
Tax Increment Financing (TIF) funds. Traffic impact fees paid by the surrounding new
developments of Arrabelle in the amount of $305,000, Landmark Condominiums in the amount
of $46,000 and Lions Square Lodge North in the amount of $45,000. These fees were collected
for this turn lane improvement. The town publically bid the above projects and received bids on
August 28, 2012. Only one bid was received for the Frontage Road improvements from Elam
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Town of Vail Meeting Minutes of September 4, 2012 Page 11
Construction; and two bids were received for the guardrail installation from Ideal Fencing Corp.
and Adarand. Daly asked what the budget for this project was. Kassmel said the engineers
estimate was $946,000 and the project is over $100,000. The guard rail estimate is lower than
anticipated.
Kassmel said staff recommends allocating $396,000 from the Traffic Impact Fee Fund to the
2012 budget for the required turn lane at West Lionshead Circle, and to authorize the Town
Manager to enter into contracts, in a form approved by the Town Attorney, with Elam
Construction Inc. to complete the South Frontage Road improvements and with Ideal Fencing
Corp. to complete the guardrail installation. Further discussion ensued.
Moffet asked if consultants and contractors feel the town is difficult to deal with and if that’s why
the town didn’t get additional bids. Kassmel said if contractors are available, they will bid on
projects. Daly asked about bid comparisons. Kassmel said it was difficult to do as there were
only 6 out of 30 items that were similar in each project. Tjossem asked why do this project now
instead of in the spring. Greg Hall stated these are part of CDOT requirements and approval
from CDOT. Daly said if CDOT was a significant part of this decision process, the town should
go back to them and ask them to pay for the additional premium costs. Further discussion
ensued.
Moffet made a motion to allocate $396,000 from the Traffic Impact Fee Fund to the 2012 budget
for the required turn lane at West Lionshead Circle, and to authorize the Town Manager to enter
into contracts, in a form approved by the Town Attorney, with Elam Construction Inc. to
complete the South Frontage Road improvements and with Ideal Fencing Corp. to complete the
guardrail installation. The motion was seconded by Rogers.
A vote was taken and the motion passed, 5-2, with Daly and Tjossem opposed. Daly would like
to see Vail Resorts Inc. pay for 50% of the costs and thinks cheaper prices may be available in
the spring.
The tenth item on the agenda was adjournment.
As there was no further business, Moffet made a motion to adjourn and the motion was
seconded by Donovan. A vote was taken and the motion passed unanimously, 7-0. The
meeting adjourned at 8:10 p.m.
Respectfully Submitted,
Attest: __________________________________
Andrew P. Daly, Mayor
________________________________
Lorelei Donaldson, Town Clerk
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Town of Vail September 18, 2012 meeting minutes Page 1
Vail Town Council Meeting Minutes
Tuesday, September 18, 2012
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Andy Daly.
Members present: Andy Daly, Mayor
Kerry Donovan
Kevin Foley
Ludwig Kurz
Greg Moffet
Margaret Rogers
Susie Tjossem
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Lorelei Donaldson, Town Clerk
_________________________________________________________________
The first item on the agenda was Citizen Participation. Jim Lamont, representing the Vail
Homeowners Association, stated he appreciated Council’s emergency alert system discussion
at the work session. He requested they look into a simple alert system and how it can be used
for wild fire notification in isolated areas of the community and how an additional system can be
tagged on to the first system (i.e., Eagle County alert system). He agreed that $400,000 is too
much to spend for the system presented at the work session.
Shirley Welch, a Vail resident, stated Susie Tjossem had asked her to do a book over two years
ago for the 50th Anniversary celebration. She handed out her book, Images of America, Vail the
First 50 years to each of the Council members and the Town Manager, Stan Zemler.
Mike Cacioppo said he disagreed with the assessment of the emergency alert system. He
recalled when he was on the Town Council many years ago; a vehicle came through town with
a tank on it. The Russians were doing maneuvers in the U.S. The former Vail Police Chief, Ken
Hughey, stated the town didn’t have anything to defend against a tank. Cacioppo said he is not
just interested in a fire alert system. He is interested and in favor of any kind of danger alert
system for police, fire, roads and parks and recreation, in that order. Cacioppo said he thinks
there may be increased terrorist attacks in the future.
Kevin Foley expressed condolences to the family of Mark Ristow and Matt Mire for their losses.
The second item on the agenda was the Town Manager Report. Zemler stated that speed
management and issues will be presented at the October 16 meeting.
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Town of Vail September 18, 2012 meeting minutes Page 2
The third item on the agenda was a presentation from the U.S. Forest Service (USFS)
regarding Bark Beetle mitigation strategies, life safety and hazardous fuel accumulations.
Mark Miller said the scaled down version of the alert system presented at the work session
could cost around $250,000. Another option that could be considered was a rapid readiness
alert system where guests could sign up to be on it for a day. He said there are less expensive
alert systems and he will investigate.
Miller introduced Dave Neely, District Ranger with the Eagle/Holy Cross District and Ross
Wilmore, the East Zone Fire Management Officer (UCR); and Matt McCombs, Deputy District
Ranger.
Dave Neely said he is a new resident of Vail and is looking forward to being a Vail constituent.
He stated their first priority is protecting human life against falling trees. He reviewed the power
point presentation which included past, present and future strategies and direction for bark
beetle and wildfire mitigation. He said much work has been completed by the USFS over the
last 10 years relative to pine beetle mitigation in and around the Town of Vail (TOV), including
Vail Mountain. The power point showed the progression of ecological and social tolerance and
the realities of living in the Wild land Urban Interface (WUI). He explained the various types of
cutting and remedies for areas and said this will be based on what they see at the time they
enter a particular site. They are in the comment stage of the Piney Project Area as it is being
resubmitted. He said living in these systems is like living in hurricane areas in Florida or flood
areas in Louisiana. Nature is part of the system. The quality of life we enjoy is part of this
system. In his experience, he hasn’t seen a better interaction between all the entities involved
anywhere. He has been in exercises to simulate responses to incidents that could happen and
feels very good on how they are positioned on the response part. Protection of human life is
always their highest priority.
Wildfires will be managed for multiple objectives. When it is favorable, they will be using fuels to
manage the fires. There has been and will continue to be a very positive relationship and
collaborative effort between the USFS and the TOV relative to wildfire mitigation and hazardous
tree removal.
Neely said it was important to discuss pertinent limitations in mitigation efforts, risks and
benefits associated with logging vs. managed fire strategies. They requested Council provide
direction to the USFS as to what they are comfortable with in regard to mitigation efforts and to
discuss issues, options, trade-offs and future collaboration efforts.
Further discussion ensued. Daly asked if roadless areas near Vail make it a tremendous risk
area. Neely said under the Colorado Roadless Rule, they have ability to do wild land treatment
in roadless areas. The slope stability in the Intermountain area and near Dowd Junction is the
least stable in the area. Cutting into this area may make it more susceptible in stability versus a
fire issue. They are actively focused on reaching out to communities.
Ross McComb reviewed the Intermountain fire above Stephens Park in August 2009. He said
several agencies responded and worked well together. He said there were 70 people from
different agencies who initially attacked the one acre fire. So the importance of fires in the Vail
area is taken seriously.
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Town of Vail September 18, 2012 meeting minutes Page 3
Daly asked if other areas have used this fire as an exercise for their fire response. McComb
said there was a fire in Summit County in March 2012 and a fire in Eby Creek, Eagle, earlier this
summer. He said this was the first time working with the National Guard and they helped
tremendously. They are working on identifying and integrating National Guard services into
their system.
Donovan asked about the red slurry fire retardant being safe for the environment. McComb said
it was a great question. There was a lawsuit brought against the USFS because they used this
product. They are restricted from using this within 300 yards of streams and they have
identified species that may be affected by the retardant and where they live. They have to
report instances if any areas are affected accidentally.
Neely said that question leads into the broader conversation of tradeoffs and values and
decision making to protect human life, infrastructure and letting nature take its natural course.
Other tools or courses they could do are managed wild fire or a prescribed wild fire burn.
Tjossem asked if they have assessed the hiking and biking trails throughout the Vail valley and
if they have prioritized working on them.
Neely said they can have a conversation about this but they can’t make all areas safe for guests
using the wilderness. They have prioritized clearing within 100 feet near roads and removing
trees as they fall. Daly thanked them for the informative presentation.
Jim Lamont, Vail Homeowners Association, asked if the hierarchy of what needs to happen
came out of the Governor’s office after last summer’s fires. McComb said they are talking about
two different things. There was a reorganization of the fire services that were placed inside the
Department of Public Safety and the Division of Emergency Management. The wild fire
response agency was removed from the USFS. The second question is how individual incidents
are managed. It boils down to the incidences and the way they are managed and which
agencies have jurisdictions. Each agency’s line officers are also brought together as an incident
management team. They have discussions on what type of team they need and what strategies
are to be employed, which agency is in charge, etc. Lamont said the Colorado Springs fire
brought to everyone’s attention the question when it switches from local to the federal level
agencies. McComb said each entity that manages a fire has a voice in the decision making
process and how they will work together.
The fourth item on the agenda was an update on the Vail Golf and Nordic Clubhouse
Renovation Project.
Tom Braun, with Braun Associates representing the town, said they were going to focus on
neighborhood issues, project design, driving range netting, site and landscape design, tents for
“bonafide community events” and architecture design with a presentation from David Tanner
about golf course design.
Daly said bus access and parking lot access was to stay the same.
Zemler said the last meeting left people with confusion on the netting and safety circumstances
and the approach. The VRD is doing some mitigation on this and there have been a series of
discussions. VRD agreed there needs to be dual tracks. The real solution is to address the
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Town of Vail September 18, 2012 meeting minutes Page 4
netting and create a safe environment for the grill and the entry point of carts and the
clubhouse. There was confusion about ball flight from the driving range and ball flight down the
fairway. The town is encouraging VRD to do a dual track and to pursue next steps. He said
height and visibility of netting will be addressed. David Tanner has been working with the VRD
and the town for awhile and will contribute his expertise to the discussion on netting and ball
flights.
Dave Tanner, with Tanner Consulting Group, stated he is from Valley Springs, California, lives
on a golf course and started his company in 1985. His company has been asked to participate
in ball trajectory studies since 1991. Over the years, there was very little data from golf ball
companies regarding statistics on ball flight at the time. Netting has been an issue. They have
done ball trajectories studies with golf courses all over the world on ball trajectories. They also
worked with the Professional Golf Association (PGA) and other golf courses. They do a lot of
design review and participate as experts in court proceedings. When they looked at this project,
it is challenging when the golf course is already there. However, golf courses tend to change
which is a standard in the industry. There are also better golfers today as well as equipment
changes. The improvements in equipment have made them better, but property doesn’t move.
As he looked at the driving range, the statistics show the majority of impacts happen within 180
yards on the right hand side. Looking at the current clubhouse situation, the driving range is too
close to the clubhouse. It is traditional to have the driving range close to the clubhouse but the
problem is the 180 yard danger zone. The average swing is 90 miles per hour (mph) in Vail.
He went into further detail of golf swing speed averages, where the balls go, the net poles and
the netting. He said there are options of straight netting along a straight line of existing netting
or to use a baffle design of netting. There could be three sections of netting: 100 feet, 80 feet
and 120 to 130 feet. By angling in, it’s like a back stop and gives them some openings
between. Landscaping can be added between the baffles for relief. The life expectancy for
netting is about 10 years. Netting is the least expense of the project. Poles and cables will be
the most expensive. The 18th green was also a concern in its current location. Most golf
courses today have much larger setbacks and they are on larger acreage. The setbacks from
the parking lot and property lines are tight. They looked at locations for a new 18th hole and
moving it to where they have placed it is in a wider space. He said they can shorten the hole
and adding a putting green or chipping area makes sense. Adding baffle netting gives relief,
adds landscape and can help with the safety issue. He has been involved with court cases with
seven different fatalities on other golf courses and said being hit by balls does very serious
damage. He said this design is a positive step forward.
Daly asked Tanner about the reason for moving the existing green, stating it is a hazard to the
parking lot and clubhouse due to the green placement. Tanner said the hazard is due to
changes in equipment. He said in a new country club, there wouldn’t be less then a 200 foot
setback. He said the new design is attractive and the finishing hole should be what the golfers
remember.
Hall said the price from the last meeting is less than one third of the cost as stated previously
using three baffles instead of four.
Zemler asked Hall what happens next. Hall said there will need to be a final foundation design,
soils tests, calculation of wind loads, firm up prices and come back to Council and then go to
Design Review Board. Tanner said the color is a satin black finish which holds up well to UV
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Town of Vail September 18, 2012 meeting minutes Page 5
rays. They have tried green and end up painting them black. Once poles are installed, the
color tends to disappear. Also the lower 10 feet can be removable for snow loads in winter.
Daly said there was significant concern about moving the 18th green and shortening it from a
Par 5 to a Par 4. As they look at rebuilding the clubhouse and adding 2,000 square feet to it,
there is a concern of the Council on risk management and safety. He asked if Council and the
VRD should consider leaving the green where it is or is it foolhardy and asking for tragedy to
strike. Tanner said they would be asking for a tragedy by keeping the 18th hole where it is. At
the new tee location, the hole could stay a Par 5 and a final shot onto the green would be a
short iron shot which is more controllable.
Kurz asked if there were two poles per baffle. Tanner said there were three poles per baffle,
with fifty feet on center and a total of 100 feet in length for the baffle. Tjossem asked in regard
to the studies of hazards: what was more hazardous, a driving range or driving down the
fairway. Tanner said the driving range due to varying levels of expertise and lots of balls being
hit. He said someone always tries to purposely drive the ball over the net.
Raul Hamlin stated he thought there was a misconception. He said the end of the shot or the
last 30 yards are the ones where the curvature takes place and would affect the clubhouse.
Tanner said by moving the hole back, thus shortening the approach shot, the turn point is when
people are trying to get on the green in two strokes and spraying into the clubhouse area.
Trees do not protect anyone from the balls. A lot more public is entering from the parking lot
and the proximity would be much safer than where it is currently.
Donovan asked if this was a short or long Par 5. Tanner said the new change is still a fairly long
Par 5 but a bit shorter than what is there now. Compared to other courses, it’s still a long Par 5.
They don’t worry about the golf professionals or the super star golfers. They worry about the
golfers that have the drinks and try to put it in another county. That shot is hardest to control
and more dangerous. By shortening it, it makes it easier to control the shot. Donovan asked if
shortening the course makes the 18th hole less memorable. He said the course is rated a 71
and will remain a 71. He said he has seen the plans and this particular green is being
enhanced, making it a larger surface. This particular green is currently a small surface and
wears out more. This will make it more manageable for the maintenance staff.
Art Abplanalp, representing the property owners near the golf course, said he has played this
course and shots going into the parking lot are due to people not knowing what golf club to use
and has nothing to do with technology. The balls go into the parking lot because people shoot it
there. He said this is going to be a Par 4 not a Par 5 and will not be rated a 71. He said he
believes Tanner was brought in to tell the Council and public what they want to hear. He said
Council should listen to their community and not this outside person.
Tanner said he is coming up on 28 years of experience and has specialized in golf safety and
been an expert witness in many trials. He said it’s nice to be involved in a project that hasn’t
been involved in a lawsuit prior to trying to make it better. He said he disagreed with Abplanalp,
and that the tees will be set back and this hole will still be a Par 5 and not a Par 4.
10/16/2012
Town of Vail September 18, 2012 meeting minutes Page 6
Malia Norbrega, representing the Vail Golf Course Townhomes, asked what studies have been
done and if the rest of the golf course has been studied for safety issues. Tanner said he wasn’t
asked to do the rest of the course, just the 18th hole and driving range.
Stephen Connolly said the safety issue is a tough one. He said moving the 18th hole will also
create issues. He asked what will happen when equipment advances again. Daly said there
wasn’t any discussion about safety until a comprehensive look was done and until the
clubhouse remodel came to light. Tanner said golfers are moving around the course by foot
and on a cart versus people sitting at the clubhouse or attending a wedding and sitting still.
They become more of a target. Their studies are improving all the time and are upgraded as
new equipment gets better. Some of the older golf courses by themselves are fine on 80 acres.
This course is 105 acres and it has become to some to be considered stagnate. However,
Augusta changes their golf courses all the time, moving bunkers, moving greens around, taking
bunkers away and improving them for safety and for technology. They can only deal with what
is in front of them today to make this a safer facility.
Steve Blanchard said he is not a golfer but said he doesn’t understand why it’s only focused on
this hole. If they are talking about the safety of golfers, then shouldn’t they be looking at the
whole golf course?
Tanner said there is certainly some known risk when playing golf. There is the term “fore” which
golfers use when a ball is hit toward someone and for etiquette. The rest of the golf course has
been in play for many years and there haven’t been repetitive shots being hit. The problem is
that more people will be where they could be hit. This will help to prevent them from being hit.
Sam Maslak said the risk being created is due to expanding the golf clubhouse.
Tanner said the fact there will be improvements doesn’t change the risk. The risk is already
there. The golf course industry has taken a 40% hit in downturn. He lives on a golf course and
enjoys it. He thinks adding a community space will be a wonderful asset. This area is such a
picturesque place for everyone and adding this space to a golf course clubhouse is
commonplace. An expansion of the clubhouse and modernization is badly needed. The final
outcome is that events could be held there and the improvements will make it a safer facility,
which was the goal from the beginning.
Braun said four applications will be submitted. He reviewed the power point presentation in
further detail.
Pedro Campos, landscape architect with Zehren & Associates, said there were three goals he
had for this evening: to demonstrate current design improvements; the design response from
input received from the public; and that this clubhouse isn’t just about golf but has a Nordic ski
component which has been dismissed and needs to be addressed as it is in use from November
through April of each year. He asked the public to consider the Nordic component since they
are trying to achieve multiple uses for the clubhouse. He reviewed the power point presentation
about the past ideas and how it has now evolved to what is being proposed. From day one,
they wanted to capture the views, separate the uses, concentrate on golf and Nordic staging, as
well as other components including the baffle netting. They are working to keep the 18th hole
outside of the 200 foot danger zone per David Tanner’s analysis.
10/16/2012
Town of Vail September 18, 2012 meeting minutes Page 7
David Baum, with Zehren and Associates, continued the power point presentation to discuss the
current building design and what they are proposing. He said golf, Nordic and event user
groups currently all use the building and come in at the same entry point. One of the things they
want to do is have a separate, dedicated the entry for each group. They are increasing the
sound coefficient and mitigating sound and light going into the neighborhood and down lighting
will be utilized. All spaces will be improved safety-wise with the baffled netting feature.
Braun said they plan on coming back for continued discussion of next steps at the October 2nd
meeting. They will follow-up and continue to update information from the September 18th
meeting, review the operations plan, parking management plan and scale of the facility.
Zemler said there are discussions on the economic evaluation of the building. Hall said the next
step is to submit an application to PEC next week.
Daly said they wanted to extend to this discussion to the October 16th meeting.
Tjossem asked Tanner which was more dangerous for safety, the driving range hazard or the
fairway hazard. Tanner said the driving range. He said safety is the reason for moving the
green. Tjossem wanted clarification on why they want to move the 18th hole. Tanner said the
driving range netting is what fixes the driving range issue. The clubhouse improvement and
people being at the clubhouse is another safety issue as massing of people at the clubhouse is
a safety issue when it is close to the 18th hole. She asked if this was theoretical versus real.
Tanner said the designer is very good at his work. He said statistically, they know what will
happen if the 18th hole isn’t moved.
Tjossem asked Campos about the schematic regarding sense of play and a path near the patio
for a wedding. Campos said it was a walking path and an access path and not a golf cart path.
They are keeping as many trees as they can that are currently there. This area is more
unstructured.
Kurz asked about screening so it’s compatible with everything else and limiting use to just
weddings. If it’s screened so heavily, they will lose the view of Gore Range and photo opts.
Campos said they would have to go north and east to the golf grill for the photo opts.
Mike Cacioppo said the plan he has seen tonight is terrific. He objects to the opponents using
“adding an event center” as this plan is not adding an event center. It’s already been an event
center for years and has held many events. They are improving the event center space that is
there now. He said moving the 18th green is a terrific improvement and moving the green away
from the homeowners should be terrific as well. The baffled netting will allow for additional
terrific improvements. He doesn’t care what par the 18th hole is as long as everyone plays by
the same rules. He said all Town of Vail tax payers have paid for these improvements and they
all need to be taken into consideration. The conference center funds were transferred to these
projects to keep heads in beds. All of these improvements will do that.
Raul Hamlin said event center was the term he thought the Town of Vail used to push the
project. He said it’s still a good idea but it has gotten out of hand. Why go through all the
expense of oving the green if there is a conflict and it is limited for just 60-200 people. He said
they need to look at the economic part of this as well as the golfers concerns.
10/16/2012
Town of Vail September 18, 2012 meeting minutes Page 8
Daly said an economic study is being done.
Stephen Connolly said this isn’t only about golf but golf is the economic generator for the VRD.
This will impact all the VRD services if they get it wrong so we have to be careful. He thought
the view was supposed to be of the Gore Range and not the neighborhood. Sound inside being
mitigated is good but what about outside sound. They need to look at unintended
consequences. Determining the size of the whole building is what should be looked at first.
Design as close to the footprint of what is there now. The community space there is already at
120 people so adding space to accommodate 200 isn’t that far to go.
Colin Callahan said his family has a home on Sunburst Drive. He reviewed what he thought
was happening with the plan. He said Donovan stated the green isn’t being moved to improve
the clubhouse. They are moving the green because of safety issues identified prior to this
process in 2009. Council was informed about the safety issues of the 18th hole and the
clubhouse remodel simultaneously.
Callahan asked if the existing foundation is being used to save money.
Zehren has done studies out there and they have been trying to reuse as much of the current
building as possible to be cost effective. The expansion of fourteen feet would be a new
expansion. They need to get in with a structural engineer to see if keeping the foundation as it
currently is, is feasible and possible.
Daly said a homeowner has asked to flip the grill and the community space. Dave Baum said
the background information they used stated it was important to keep those uses separate and
by flipping it, it didn’t allow for that.
Art Abplanalp, representing several adjacent property owners to the golf course, said the town
has received a lot of comments from the neighbors and community. He said it was 66 to 4
against relocating the 18th hole. He said moving the 18th hole was driven by the configuration of
the clubhouse renovation. He referred to a design by a local architect that was drafted and
configured on the north side and this worked for the neighbors. He said moving the events
center on the north side does separate the users and does keep it from the neighborhood side
of the building. When you look at the town’s mission statement, destroying the 18th hole doesn’t
support the mission and values of the town. There were about a half dozen issues that still
need to be addressed from a workshop that was done. It’s becoming evident that the use of the
facility is going to be a greater problem then before. The neighborhood said they are entitled to
peace and quiet. He said the neighbors don’t want more than four events a month. He said this
is in direct opposition of the profit and loss analysis. He said the safety matter on the 18th green
is nonexistent. Spending a million dollars is not a good use of public funds. Donovan said the
public should go on to the VRD website for the VRD master plan, backup information and
review the study and plan from 2010.
Jim Lamont said he was in the dark. He asked Abplanalp about the building plans that were
created for the neighborhood from a different architect to show a different project design using
the north half for use of an events facility. Lamont said it would be helpful if the public has full
disclosure of what was submitted to Council from the neighborhood. He wants the plan at the
next meeting for public review. Donovan said the architect said it was confidential and to talk to
10/16/2012
Town of Vail September 18, 2012 meeting minutes Page 9
Abplanalp to get it. Lamont said this should come from the Council. Daly said they will make
sure the plan is at the next meeting since a lot of people haven’t seen that plan.
Lamont asked Pedro about the placement of the community center where windows and sound
baffling can be built where greater security can be given to the neighborhood and community
event users that can be handled with sound screening for outdoor sound. He sees efforts are
being made by consultants and staff to address issues the neighborhood. Some progress has
been made. There is a concern that is not being listened to. From a policy standpoint about
when a redevelopment project is done to this extent, usually all of the earlier sins are corrected.
He said there should be some degree of area for a setback required from the property line and
separation from neighbors. He said they could angle down the retaining wall roof structure and
add grass and trees on the south side of the parking lot so neighbors see landscaping and the
golf course doesn’t lose parking spaces.
Daly asked Pedro Campos to check if that section of the parking lot meets setback
requirements. Braun said the parking requirements said it needs to be a 10 foot setback. This
wall is considered a nonconforming legal use so they will leave it as is currently.
Rogers said she would like to see what the cost would be. Braun said he would look at it as an
alternative.
Steven Blanchard asked if the kidney shaped area could be moved to the east instead of south
which keeps it farther away from neighbors. He asked if the community space would require
additional parking. Braun said the PEC would have to determine if additional parking would be
required. Rogers said the Council can call up and overrule PEC decisions. Blanchard said the
houses are closer on Sunburst than residences near Donovan Pavilion. Noise from events is a
big concern. He said regardless of objections, the most important criteria seem to be
generating income that is greater than the golf and neighborhood concerns. He said the
obvious solution is to keep the community space the same size as it is now and leave larger
events to the Donovan Pavilion.
Daly said a look at the economic side will be looked at in four weeks and invited the public back
to that meeting.
Moffet said he keeps going back to the ballot language which was approved by the voters in
Vail. He read into the record the ballot language from the 2011 Town of Vail election which
included “expansion and improvement of the clubhouse at the Vail Golf Course and Nordic
Center, including multi-use community space.” He said this ballot language and project was
passed by Vail voters 801 versus 122.
Donovan asked if at a future meeting, staff could show the Council how the outdoor spaces
could be used in winter.
As there was no further discussion on this item, a five minute break was taken at 9:12 p.m.
The fifth item on the agenda was the Eagle River Water and Sanitation District (ERWSD)
request for a utility easement on Tract C along Potato Patch Drive.
10/16/2012
Town of Vail September 18, 2012 meeting minutes Page 10
Tom Kassmel, Engineer with the Town of Vail introduced Todd Fessenden with the ERWSD to
discuss the easement.
Kurz recused himself on this item as he sits on the ERWSD board.
Todd Fessenden said they are asking Council for permission on their plan to design the repairs
in the Potato Patch area. He reviewed the PowerPoint presentation. He said the ERWSD is
planning on upsizing the water lines that run along Potato Patch Drive next year. In order to do
so, they must realign portions of the sanitary sewer main. This project will be an extremely
challenging project due to the narrow width and access constraints along Potato Patch Drive. In
order to reduce some of the construction time and impact to the residents, as well as cost,
ERWSD is requesting to run a portion of the sanitary sewer main through Tract C, which is
owned by the Town of Vail, in order to short cut one of the long switchbacks along Potato Patch
Drive. He asked them to review and approve the requested easement with the condition that a
restoration plan be approved by the Public Works Department and the Design Review Board.
Daly said the general conclusion was to provide the easement with the caveat to do what they
say they are doing including planting 12-foot trees and vegetate the area with a guarantee on
the revegetation, as well as winter snow shedding and avalanche issues since its over a 60%
slope. Fessenden said the only thing that could be a challenge is to get the trees and
vegetation to take on the steepness of the slope. The Council expectation is to come back with
a landscape plan and a geodic study that says this makes sense. Fessenden said they hope to
proceed with their design with a landscape plan. Council was not opposed to approving this
easement. Donovan asked why they would consider doing this on a slope this steep.
Fessenden said it was a much shorter section to cut and there will be unknowns, however, this
section is fairly short. The ERWSD wants to reduce long term maintenance. When weighed
out, this is not ideal but is a better, more do-able project and saves two weeks construction time.
The sixth item on the agenda was first reading of Ordinance No. 11, Series of 2012, an
ordinance extending amendments to Chapter 11-7, Other Signs, Sign Regulations, Vail Town
Code, to establish regulations for informational and directional signs for public parking on
private property and allowing the administrator to approve said signs subject to review, to
November 19, 2013, and setting forth details in regard thereto.
Warren Campbell, Chief Planner, said he applicant requests the Council approve Ordinance No.
11, on first reading. Ordinance No. 11 is intended to extend the effective date for temporary
regulations allowing informational and directional signs for public parking on private property
from November 19, 2012, until November 19, 2013. No other change to the regulations is
proposed. Extending the effective date of these regulations will allow the town to explore
opportunities for incorporating these signs into a broader guest services enhancement program
which includes signage and wayfinding enhancements.
Donovan said there was language on directional signs but is there language staff can turn to for
the rest of the signage. Campbell said they can add additional language.
Moffet made a motion to approve Ordinance No. 11, Series of 2012, on first reading and the
motion was seconded by Rogers. A vote was taken and the motion passed unanimously, 7-0.
10/16/2012
Town of Vail September 18, 2012 meeting minutes Page 11
The seventh item on the agenda was second Reading of Ordinance No. 10, Series of 2012, an
ordinance amending Chapter 12-22, View Corridors, and Section 14-10-3C, Site Planning, Vail
Town Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the
maintenance of adopted view corridors impacted by vegetation, and setting forth details in
regard thereto.
Warren Campbell, Chief Planner, said staff was back for second reading of the ordinance and
that the language preventing the topping of trees is already in the code and already addresses
it.
Rogers made a motion to approve second reading of Ordinance No. 10 based on the findings in
the memorandum, and the motion was seconded by Tjossem.
Jim Lamont, representing the Vail Homeowners Association, said one of the view corridors
being discussed that needs manicuring is the view of the Clock Tower and mountain near the
Ski Museum. He said if we top trees is that acceptable for aspens.
Campbell said this includes the topping of any trees in any of the view corridors. That has not
been acceptable for any trees. He said an application to the PEC will need to be submitted and
reviewed at the time of the submittal.
Moffet said he wants the language in the ordinance to specifically state “topping of the trees.” It
needs to be explicit. Campbell said the review process has been around for a long time and it
would be addressed on a case-by-case basis. Staff wouldn’t allow any topping of trees during
the process or feel it is appropriate. Further discussion ensued. Campbell stated the DRB has
not allowed topping of trees in the past. Foley said it was in the memorandum twice. Moffet
said the memorandum is not the law. He said someone could interpret that differently.
Donovan said the town would be presenting these proposals and if a staff member proposes
they top a tree, there are bigger problems. Rogers said every possible scenario can’t be in place
and DRB is there to help enforce this process.
Jim Lamont said if the public wants to opine on the subject, they can go to the DRB meetings or
appeal to Council. And Council will decide if topping is allowed. Campbell said the appeal
process would be in place to be used.
A vote was taken and the motion passed unanimously, 7-0.
The eighth item on the agenda was a request to continue the major subdivision and Ordinance
Nos. 7, 8 and 9, Series of 2011, for Ever Vail to the November 6, 2012 public hearing.
Warren Campbell, Chief Planner, requested the major subdivision and Ordinance Nos. 7, 8,
and 9, Series of 2011, for Ever Vail be continued to the November 6, 2012 public hearing.
Moffet made a motion to continue the major subdivision and Ordinance Nos. 7, 8 and 9, Series
of 2011, for Ever Vail to the November 6, 2012 public hearing and the motion was seconded by
Donovan.
10/16/2012
Town of Vail September 18, 2012 meeting minutes Page 12
Daly said he suggested they don’t go past Nov. 6th as they are not making process. Further
discussion ensued regarding timing and continuing the project.
Campbell said they are continuing these ordinances and resolution as they are working on the
DIA and a conditional use of the gondola and put the parking to rest. If they don’t continue this
project they would have to start over. Further discussion ensued.
A vote was taken and the motion passed 6-1, with Foley opposed.
The ninth item on the agenda was adjournment.
As there was no further business, Moffet made a motion to adjourn and the motion was
seconded by Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting
adjourned at 9:50 p.m.
Respectfully Submitted,
Attest: __________________________________
Andrew P. Daly, Mayor
________________________________
Lorelei Donaldson, Town Clerk
10/16/2012
Resolution No. 28, 2012
RESOLUTION NO. 28
Series of 2012
A RESOLUTION APPROVING A HOLY CROSS UTILITY EASEMENT WITHIN
FORD PARK; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State
of Colorado is a home rule municipal corporation duly organized and existing under
the laws of the State of Colorado and the Town Charter (the “Charter”);
WHEREAS, the members of the Town Council of the Town (the “Council”)
have been duly elected and qualified;
WHEREAS, the Town owns property described as a parcel of land situated in
Section 8 , Township 5 South, Range 80 West of the 6th P.M., more particularly
described at Reception No. 128019 in the Office of the Eagle County Clerk and
Recorder, Eagle Colorado as shown in the attached Exhibit A;
WHEREAS, the Town desires to dedicate a utility easement to Holy Cross
Energy (“Holy Cross”) for that portion of town property;
WHEREAS, the Council considers it in the interest of the public health, safety
and welfare to enter into a utility easement agreement with Holy Cross for the Ford
Park parcel shown in Exhibit A .
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. The Council hereby approves and authorizes the Town to enter
into the utility easement with Holy Cross, in substantially the same form attached
hereto as Exhibit A for illustrative purposes and kept on file in the office of the Town
Clerk.
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 16th day of October, 2012.
_________________________
Andrew P. Daly
Town Mayor
ATTEST:
_____________________________
Lorelei Donaldson,
Town Clerk
10/16/2012
10/16/2012
10/16/2012
10/16/2012
Resolution No. 29, 2012
RESOLUTION NO. 29
Series of 2012
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO ENTER INTO A MEMORANDUM
OF UNDERSTANDING FOR THE PROVISION OF EMERGENCY DISPATCH SERVICE
STAFFING BETWEEN THE TOWN OF VAIL, AND SUMMIT COUNTY GOVERNMENT; AND
SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail WKH³7RZQ´, in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the ToZQ&KDUWHUWKH³&KDUWHU´
WHEREAS, WKHPHPEHUVRIWKH7RZQ&RXQFLORIWKH7RZQWKH³&RXQFLO´KDYHEHHQ
duly elected and qualified;
WHEREAS, the Town and Summit County *RYHUQPHQWWKH³&RXQW\´HDFKPDLQWDLQDQG
operate radio communications system for the transmission and dispatching of messages relating
to fire and/or police protection and other public safety services;
WHEREAS, at times each of the parties need additional emergency dispatching staff at
their respective communications centers;
WHEREAS, the Town and County desire to enter into an Intergovernmental
Memorandum of Understanding ³Agreement´ regarding their provision of extra-duty dispatching
staff each to the other when such staffing is necessary and available; and
:+(5($6WKH&RXQFLO¶VDSSURYDORI5HVROXWLRQ1o. 29, Series 2012, is required to enter
into an Intergovernmental Memorandum of Understanding.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby authorizes the Town Manager to enter into the
agreement on behalf of the Town in substantially the same form attached hereto as Exhibit A
and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 16th day of October, 2012.
_________________________
Andrew P. Daly
Town Mayor
ATTEST:
_____________________________
Lorelei Donaldson,
Town Clerk
10/16/2012
MEMORANDUM OF UNDERSTANDING FOR THE PROVISION OF
EMERGENCY DISPATCH SERVICE STAFFING
This Memorandum of Understanding for the Provision of Emergency Dispatch
6HUYLFHV6WDIILQJUHIHUUHGWRKHUHDIWHUDVWKH³028´LVPDGHDQGHQWHUHGRQWKLV
_______day of October, 2012 by and between the TOWN OF VAIL, a Municipal
&RUSRUDWLRQWKH³7RZQ´DQG6800,7&2817<*29(510(17DSROLWLFDO
subdivision of the State of Colorado, on behalf of its Summit County Communications
Center WKH³&RXQW\´7RZQDQG&RXQW\VKDOObe referred to herein together as the
Parties.
WITNESSETH
WHEREAS, the Parties each maintain and operate radio communications
systems for the transmission and dispatching of messages relating to fire and/or police
protection and other public safety services; and
WHEREAS, at times each of the parties need additional emergency dispatching
staff at their respective communications centers; and
WHEREAS, the Parties desire to enter into an agreement regarding their
provision of extra-duty dispatching staff each to the other when such staffing is necessary
and available; and
WHEREAS, the Parties are governments authorized to enter into agreements
pursuant to C.R.S. § 29-1-203 for purposes including the provision of any function,
service, or facility lawfully authorized to each; and
WHEREAS, the interests of the public are best served by the Parties entering into
an agreement for the provision of extra-duty dispatching staff at such times as such
emergency dispatch staffing assistance is needed by one party and available from the
other.
NOW, THEREFORE, in consideration of the mutual benefits that will inure to
the public and the Parties, and the mutual covenants, agreements and promises set forth
hereinafter, the Parties hereto agree as follows:
1. Assignment of Extra Duty Staff. Upon request and on an as-available basis,
the Parties shall assign one or more of their qualified dispatch employees ³([WUD'XW\
6WDII´to provide dispatch services for the RWKHUSDUW\DWVXFKRWKHUSDUW\¶V
communications centers. The sole responsibility of Extra Duty Staff during their
assignment pursuant to this MOU shall be to provide usual dispatch services in
accordance with all applicable professional standards, including answering 9-1-1
emergency phone calls, answering non-emergency phone calls, and providing resource
assignment and monitoring of law, fire, and medical units.
10/16/2012
2
2. Requests for Extra Duty Staffing. Requests for assignment of Extra Duty Staff
shall be made at least seventy-two (72) hours in advance of the time of assignment.
Requests for assignment of dispatch employees shall be made by the UHTXHVWLQJSDUW\¶V
FRPPXQLFDWLRQVGHSDUWPHQWGLUHFWRUWRWKHRWKHUSDUW\¶VFRPPXQLFDWLRQVGHSDUWPHQW
director, or their respective designees. Assignments of Extra Duty Staff may be
cancelled only on a minimum of three (3) hours notice. The minimum assignment shall
be for two (2) hours.
3. Compensation. Compensation hereunder shall be at a rate of $37.00 per hour
per Extra Duty Staff person, excluding travel time. In addition, should the shift last
longer than originally scheduled, or circumstances require the Extra Duty Staff to stay on
site later than originally scheduled, the requesting party is responsible for such additional
compensation as would be paid aWWKHRYHUWLPHUDWHRIWKH([WUD'XW\6WDII¶VHPSOR\HU.
Each Extra Duty Staff person VKDOOPDLQWDLQDWLPHUHFRUGLQWKHIRUPRI([KLELW´$´
which time record shall be completed and initialed by the employee at the end of the
extra duty shift, and presented to the UHTXHVWLQJSDUW\¶VFRPPXQLFDWLRQVGHSDUWPHQW
director or his or her designee for review and billing The employer of the Extra Duty
Staff who provided services hereunder shall prepare a monthly invoice and present the
invoice to requesting party¶VFRPPXQLFDWLRQVGLUHFWRU. Invoices shall be paid within
thirty (30) days of the date they are received by the UHTXHVWLQJSDUW\¶VFRPPXQLFDWLRQV
director and a copy of the invoice shall be included with such monthly payment.
4. Emergency Availability. Any Extra Duty Staff shall, at all times while assigned
as provided in Paragraph 1, be available to respond to any incident occurring within the
UHTXHVWLQJSDUW\¶VMXULVGLFWLRQ IRUWKHSHULRGRIWLPHWKDWWKH([WUD'XW\6WDIISHUVRQ¶V
employer in the sROHGLVFUHWLRQRIWKHHPSOR\HU¶VFRPPXQLFDWLRQVGLUHFWRURUWKH
UHTXHVWLQJSDUW\¶VFRPPXQLFDWLRQVdirector determines to be an emergency, at the time
whichever request is made first.
5. Relationship of Employee. Extra Duty Staff assigned hereunder shall at all
times remain in their UHVSHFWLYHSDUW\¶V employment acting within the scope of his/her
employment.
6. Release of Liability ± Insurance.
A. Except as specifically provided herein to the contrary:
i. To the extent allowed by law, the Parties, on behalf of their respective
officers, and employees, each hereby indemnifies and releases the other
and its officers and employees from and waives any and all liability, for
claims, and demands for damages of whatsoever nature, including without
limitation claims arising from bodily injury, personal injury, property loss
or damage, which arise out of or relate to the performance of services
hereunder by Extra Duty Staff. For example, the County shall indemnify
the Town for the acts and omissions of Town employees while providing
10/16/2012
3
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versa).
ii. To the extent allowed by law, the Parties agree to indemnify, defend, and
hold harmless the other, its officers, and its employees for any uninsured
or deductible costs, including without limitation the cost of any judgment
RUVHWWOHPHQWDQGWKHFRVWVRIGHIHQVHLQFOXGLQJDWWRUQH\¶VIHHVLQFXUUHG
by the subject party, its officers, or its employees in connection with any
claims of third parties against the other party, its officers, or its employees
which arise out of or relate to the performance of services hereunder by
Extra Duty Staff. For example, the County shall indemnify the Town for
the acts and omissions of Town employees while providing Extra Duty
6WDIIVHUYLFHVDWWKH&RXQW\¶VFRPPXQLFDWLRQVFHQWHUDQGYLFHYHUVD
B. The Parties agree that so long as this MOU is in effect they will maintain
general liability insurance.
7. Term and Termination of MOU. This MOU is effective as of the date first
written above and shall remain in effect until such time as either party, on ten days notice,
has terminated it by written notice to the other.
8. Notice. Notices given and invoices submitted by the Parties hereunder shall be in
writing and delivered to the appropriate below stated address by hand, certified or regular
U.S. Mail. Either party may from time to time designate in writing substitute addresses or
persons to whom such notices shall be sent.
William Pessemier, PhD. Jennifer Kirkland, Interim Director
Summit County Communications Dept. Vail Public Safety Communications Center.
P.O. Box 4188 75 S. Frontage Road West
0227 C.R. 1003 Vail, CO 81657
Frisco, CO 80443
9. General Terms and Provisions.
A. Independent Contractor. Extra Duty Staff assigned hereunder are not employees
of the requesting party. 7KH([WUD'XW\6WDIISHUVRQ¶Vemployer shall be
responsible for paying federal (including social security) and state income tax on
any monies earned pursuant to this contract relationship. The Parties are each
responsible for complying with all employment laws and insurance laws relating
to its own employees.
B. Governmental Immunity. Nothing in this MOU shall be construed against any
party hereto as a waiver of the limitations on damages, or as a waiver of the
privileges, immunities, or defenses provided to, or enjoyed by, any of the Parties
under common law or pursuant to statue including, but not limited to, the
Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. and
Sections 24-32-2604, et seq., C.R.S.
10/16/2012
4
C. Worker Compensations and Pension Benefits. Pursuant to Sections 29-5-109 and
29-5-110, C.R.S., and this MOU, WKH([WUD'XW\6WDIISHUVRQ¶VHPSOR\HUVKDOODW
all times be and remain responsible for providing any ZRUNHUV¶FRPSHQVDWLRQor
pension benefits of its employees, including disability, death, and survivor
benefits, to which the individual would otherwise be entitled if the injury,
disability, or death had occurred with the HPSOR\LQJSDUW\¶V jurisdictional
boundaries. Extra Duty Staff assigned hereunder shall report any injuries incurred
ZKLOHSHUIRUPLQJVHUYLFHVKHUHXQGHUWRVXFKSHUVRQ¶VHPSOR\HUUHFHLYHPHGLFDO
WUHDWPHQWIRUVXFKLQMXULHVWKURXJKKLVKHUHPSOR\HU¶VPHGLFDOSURYLGHUVDQG
ZRUNHU¶Vcompensation benefits or unemployment insurance benefits for such
person shall be the responsibility of his/her employer. For example, if a County
HPSOR\HHLVLQMXUHGZKLOHSURYLGLQJ([WUD'XW\6WDIIVHUYLFHVDWWKH7RZQ¶V
communications center such person shall submit his/her workers compensation
claim to the County.
D. Prior Agreements. The terms of this MOU shall supersede the terms of any pre-
existing agreements between Town and County regarding assignment of Town
dispatch employees to work for County, including but not limited to the
Intergovernmental Agreement for the Provision of Emergency Dispatch Staffing
dated May 15, 2008, which is hereby terminated. This MOU shall not affect or
supersede any other agreements, including mutual aid agreements between
SCHMT members except as such agreements relate to assignment of Extra Duty
Staff.
E. Amendment. This MOU may be amended from time to time by written
amendment duly authorized by the Parties. No modification or waiver of this
MOU or any covenant, condition or provision contained herein shall be valid
unless in writing and duly executed by all parties.
F. Authorization. The signatories to this MOU affirm and warrant that they are fully
authorized to enter into and execute this MOU.
G. Whole MOU. This MOU embodies the whole agreement between the Parties
regarding assignment of Extra Duty Staff, and there are no inducements,
promises, terms, conditions or other obligations made or entered into by the
Parties other than those contained herein.
H. Successors and Assigns. This MOU shall be binding upon the Parties hereto,
their respective successors or assigns. Neither Party may assign, delegate,
sublease, pledge, or otherwise transfer any rights, benefits, or obligations under
this MOU to any party without the prior written consent of the non assigning
party.
I. Appropriation of Funds/ Multi-Year Contracts. Payment pursuant to this MOU,
whether in whole or in part, is subject to and contingent upon the continuing
DYDLODELOLW\RIHDFKRIWKH3DUW\¶VIXQGs for purposes hereof. In the event that said
funds, or any part thereof, become unavailable as determined by a Party, the Party
may immediately terminate this MOU. The obligations of the Parties hereunder shall
not constitute a general obligation indebtedness or multiple year direct or indirect
debt or other financial obligation whatsoever within the meaning of the Constitution
or laws of the State of Colorado.
10/16/2012
5
J. Severability. All agreements, covenants and terms contained herein are severable,
and in the event that any such agreement, covenant, or term is held invalid, by a
court of competent jurisdiction, this MOU shall be interpreted as if such invalid
covenant, or term were not contained herein.
K. Applicable Law. At all times during the performance of this MOU, the Parties
herein shall strictly adhere to all applicable federal, state and local laws, rules, and
regulations that have been or may hereafter be established. All work and services
performed under this MOU shall comply with federal, state and local laws, rules
and regulations. This MOU shall be interpreted in all respects in accordance with
the laws of the State of Colorado.
L. No Benefit to Inure to Third Parties. This MOU does not and shall not be deemed
to confer upon or grant to any third party any right to claim damages or bring any
lawsuit, action or other proceedings against either Party because of any breach
hereof, or because of any terms, covenants, agreements or conditions contained
herein.
M. Counterparts. This MOU may be executed in counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, this Memorandum of Understanding for the Provision of
Emergency Dispatch Services Staffing is executed and entered into on the day and year
first written above.
TOWN OF VAIL BOARD OF COUNTY COMMISSIONERS
OF SUMMIT COUNTY, COLORADO
By_______________________________ By____________________________
[Name], Town Manager Gary Martinez, County Manager
10/16/2012
6
(;+,%,7³$´
MEMORANDUM OF UNDERSTANDING FOR THE PROVISION OF
EMERGENCY DISPATCH SERVICE STAFFING
PARTY:
ADDRESS:
CONTACT:
CONTACT #:
DATE WORKED HOURS WORKED
DISPATCHER:____________________________________________________
SIGNATURE:_____________________________________________________
10/16/2012
Resolution No. 30, Series of 2012
RESOLUTION NO. 30
SERIES OF 2012
A RESOLUTION APPROVING THE OPERATING PLAN AND BUDGET OF
THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR
JANUARY 1, 2013 THROUGH DECEMBER 31, 2013
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the “Charter”); and
WHEREAS, the members of the Town Council of the Town (the “Council”) have
been duly elected and qualified; and
WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of the
operating plan the Vail Local Marketing District (the “VLMD”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council approves the operating plan and budget of the VLMD
for marketing related expenditures beginning on the first day of January, 2013, and
ending on the 31st day of December, 2013.
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 16th day of October, 2012.
___________________________________
Andrew P. Daly, Town Mayor
Attested:
_________________________
Lorelei Donaldson, Town Clerk
10/16/2012
TO: Vail Town Council
FROM: Community Development Department
DATE: October 16, 2012
SUBJECT: A request to enter into a license agreement with MJG Trust for existing private
improvements (roof overhang & utility cabinet) on town-owned Tract B, Vail/
Lionshead Third Filing, adjacent to 765 Forest Road/ Lot 8, Block 2, Vail Village
Sixth Filing, and setting forth details in regard thereto.
Applicant: MJG Trust
Planner: Rachel Dimond
I. DESCRIPTION OF REQUEST
x Permission to enter into a license agreement with the Town of Vail for use and
maintenance of town property for an existing roof overhang and utility cabinet.
x License agreement would grant the Town the ability to revoke the license at any time
with notice
II. BACKGROUND
x Subject property was granted a side and front setback variance for the garage in
April 1981, with garage permitted to be built one foot from west property line.
x A building permit was granted to allow an 18 inch roof overhang on the garage,
which would encroach onto adjacent town property.
x The building was built and approved within 0.42 feet from the property line, with roof
overhang and utility cabinet encroaching onto adjacent town property.
x No license agreements were required for encroachments in 1981.
x Subject property received design review and building permit approval in 2012 for
improvements to the property, including reroof of garage.
III. RECOMMENDATION
The Vail Town Council shall approve, approve with conditions, or deny the applicant’s
request to enter into a license agreement with the Town of Vail for use and maintenance
of town property for a roof overhang and utility cabinet.
Should the Vail Town Council choose to approve the applicant’s requests, Staff
recommends the Council pass the following motion:
10/16/2012
Town of Vail Page 2
“The Vail Town Council, on behalf of the property owner, approves the
applicant’s request to enter into a license agreement for a proposal to maintain
private improvements (roof overhang and utility cabinet) on the Town of Vail
owned town-owned Tract B, Vail/ Lionshead Third Filing, adjacent to 765 Forest
Road/ Lot 8, Block 2, Vail Village Sixth Filing, and setting forth details in regard
thereto.”
Should the Vail Town Council choose to approve the applicant’s requests, Staff
recommends the Council include the following condition:
“The license agreement shall include a clause that allows the license to be
revoked by the Town of Vail at any time for any reason, thus requiring the
encroachments to be removed.”
IV. ATTACHMENTS
A. Vicinity map
B. Survey
C. Photos of improvements on town property
10/16/2012
AREA OF ENCROACHMENT
W FOREST RD
Subject Property
050100
Feet
Vail Village Filing 6, Block 2, Lot 8Vail Village Filing 6, Block 2, Lot 8
(765 Forest Road)(765 Forest Road)
This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein.
(where shown, parcel line work is approximate)
Last Modified: October 10, 2012
10/16/2012
10/16/2012
10/16/2012
10/16/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 16, 2012
ITEM/TOPIC: Town Manager Report:
1) Timing on Renovation for Ford Park softball fields - Summer 2014;
2) Bicycle Dismount Zone in Vail Village;
3) Winter Parking Program and Rates for 2012-2013 season; and
4) Council preference for Commission on Special Events (CSE) vacancy process for a two
month vacancy: 1) forgo the normal process of posting and publishing, as has been suggested
by the CSE, and make an appointment from the most recent applications for previous
vacancies from applicants that submitted letters of interest from June 2011 to June 2012 that
are still interested; or 2) leave the position vacant until the position comes up for renewal in
December, 2012.
Telephone calls have been made to all the applicants on the list. All have expressed interest
except for Sarah Franke who has time constraint issues. Also staff hasn't heard back from the
following applicants: Dave Chapin, Janyce Brandon, Jeff Andrews and Katherine Richardson.
The list of interested parties from June 2011 to June 2012 is attached. If you would like to
review their letters of interest, you may go to the dates on the attachment in past Council
agendas.
PRESENTER(S): Various
ATTACHMENTS:
Bicycle Dismount Zone in Vail Village memo
Winter Parking Program
CSE 2011-2012 CSE applicants list
10/16/2012
To: Vail Town Council
From: Dwight Henninger, Chief of Police
Justin Dill, Sergeant
Date: October 10, 2012
Subject: Bicycle Dismount Zone in Vail Village
I. SUMMARY
The question has been raised if the Town can implement a bicycle dismount zone in the
area of Bridge Street and Gore Creek Drive, the answer is yes. If Council desires the
Village area to be a bicycle dismount zone, this can be accomplished for next spring.
II. DISCUSSION
After some research into the legality of a bicycle dismount zone covering the Village
Street in the Town of Vail, we have the authority to erect official traffic control devices to
create a designated bicycle dismount zone. Staff recommends this new proposal to
exclude the Pedi cabs as they have a specific Town ordinance regulating their operating
capability. Staff does not believe we need to enact a separate ordinance to create a
dismount zone based on existing statute and code. We have been unable to locate any
specific ordinance in cities enforcing dismount zones, like Ft. Collins, beyond obedience
to official traffic control devices.
Currently the stairs on Wall Street and near the
Children’s Fountain have dismount signs.
10/16/2012
Town of Vail Page 2
III. STATUES, CODES AND CASE LAW
Following is the pertinent Colorado Revised Statues and Model Traffic Code citations as
well as a case law citation with respect to home-rule and enacting laws of municipal
concern if it were determined a desire to create a specific municipal ordinance.
Included is language defining a dismount zone from the bicycle rules handbook from
Colorado State University in Ft. Collins.
Under C.R.S. 42-4-1412 (10)(b) and Model Traffic Code 1412:
42-4-1412. Operation of bicycles and other human-powered vehicles
(1) Every person riding a bicycle or electrical assisted bicycle shall have all of the rights
and duties applicable to the driver of any other vehicle under this article, except as to
special regulations in this article and except as to those provisions which by their nature
can have no application. Said riders shall comply with the rules set forth in this section
and section 42-4-221, and, when using streets and highways within incorporated cities
and towns, shall be subject to local ordinances regulating the operation of bicycles and
electrical assisted bicycles as provided in section 42-4-111.
(10) (b) A person shall not ride a bicycle or electrical assisted bicycle upon and along a
sidewalk or pathway or across a roadway upon and along a crosswalk where such use
of bicycles or electrical assisted bicycles is prohibited by official traffic control devices or
local ordinances. A person riding a bicycle or electrical assisted bicycle shall dismount
before entering any crosswalk where required by official traffic control devices or local
ordinances.
Under 42-4-111(1)(y):
42-4-111. Powers of local authorities
(1) This article shall not be deemed to prevent local authorities, with respect to streets
and highways under their jurisdiction and within the reasonable exercise of the police
power, except those streets and highways that are parts of the state highway system
that are subject to section 43-2-135, C.R.S., from:
(y) Regulating the local movement of traffic or the use of local streets where such is not
provided for in this article;
Here is a case law citation regarding home rule and matters of municipal concern:
Municipal ordinance of local concern supersedes conflicting state statute. Under the
home-rule amendment, once a matter is determined to be a matter of local and
municipal concern, any local ordinance in a home-rule city addressing the matter will
10/16/2012
Town of Vail Page 3
supersede a conflicting state statute. People v. Hizhniak, 195 Colo. 427, 579 P.2d 1131
(1978).
The following references were obtained from : police.colostate.edu/pdfs/Bike-
Booklet.pdf
Dismount Zone = all areas of the University posted for no bicycle riding and marked with
ground graphics and/or “Dismount” signs. All Dismount Zones apply to skateboards as
well.
1. Dismount is defined as “walking beside the bicycle with both feet off the
pedals at the same time.”
Q. Skateboard = any device consisting of a footrest mounted on wheels less than
fourteen inches (14") in diameter, upon which a person may ride, that is propelled solely
by human power. This includes rollerskates, in-line skates (rollerblades), and non-
motorized scooters. These devices are not vehicles. They are considered toys by CRS
(42-4-109 (Sub.¶9)).
The following actions are considered to be safety violations and subject the violator to a
$25.00 fine:
– Riding in a Dismount Zone
IV. CONCLUSION
If Council desires to implement a bicycle dismount zone for the Village, this can be done
with the existing legislation at your direction for this next summer.
10/16/2012
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CSE interested parties that submitted:
August 16, 2011:
Janyce Brandon
Katherine Richardson
Robert Ruder
Nicole Whitaker
Joyce Gedelman-Viers *- replacing this position, which term expires 12/2012)
December 20, 2011:
Jeff Andrews
Janyce Brandon
Dave Chapin
Allison Faulconer
Austin Gavlak
Evan Puglia
Rebecca Steffen
Mary Lou Armour
Those who applied at this time are current board members:
Bobby Bank (current board member)
Jenn Bruno (current board member)
Sonny Kerstiens (current board member)
Rayla Kundolf (current board member)
June 5, 2012
Sarah Franke
John O’Neill
Nicole Whitaker
Barry Davis (current board member)
(NOTE: Dave Chapin served on the CSE for 5 years – from 2005 to 2010)
10/16/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 16, 2012
ITEM/TOPIC: A request to enter into a license agreement with David & Alexandra Ransburg
for existing private improvements (patio & water feature) on town-owned streamtract
(Unplatted), adjacent to 463 & 473 Beaver Dam Road/ Lots 4&5, Block 4, Vail Village Filing 3,
and setting forth details in regard thereto.
PRESENTER(S): Rachel Dimond
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
conditions, or deny the applicant’s request to enter into a license agreement with the Town of
Vail for use and maintenance of town property for a patio and water feature.
BACKGROUND:
l A duplex was built on the subject property in 1988, with no encroachments onto Vail
Resorts-owned adjacent property shown on plans.
l In 1990, the applicant was granted permission to subdivide the property into three
parcels, including one parcel for each side of the duplex and a common parcel.
l In 1990, Vail Resorts and the applicant submitted a number of documents to the Town
of Vail stating an encroachment agreement would be executed, or said encroachments
would be removed. The encroachment agreement was never executed, but the
encroachments remain.
l In 1999, Vail Resorts deeded the subject streamtract to the Town of Vail.
l On July 19, 2011, the Vail Town Council unanimously approved a zero tolerance policy
for encroachments into town-owned streamtract in order to improve the health of Gore
Creek.
STAFF RECOMMENDATION: Because the Town of Vail approved the encroachments in
1993, the Community Development Department recommends the Vail Town Council approves,
with conditions, the applicant’s request.
Should the Vail Town Council choose to approve the applicant’s requests, Staff recommends
the Council include the following condition: “The license agreement shall include a clause
that allows the license to be revoked by the Town of Vail at any time for any reason.
ATTACHMENTS:
Ransburg Memo 101612
Ransburg Attachment A
Ransburg Attachment B
Ransburg Attachment C
Ransburg Attachment D
Ransburg Attachment E
10/16/2012
TO: Vail Town Council
FROM: Community Development Department
DATE: October 16, 2012
SUBJECT: A request to enter into a license agreement with David & Alexandra Ransburg for
existing private improvements (patio & water feature) on town-owned streamtract
(Unplatted), adjacent to 463 & 473 Beaver Dam Road/ Lots 4&5, Block 4, Vail
Village Filing 3, and setting forth details in regard thereto.
Applicant: David and Alexandra Ransburg, represented by Jack Hunn
Planner: Rachel Dimond
I. DESCRIPTION OF REQUEST
• Permission to enter into a license agreement with the Town of Vail for use and
maintenance of town property for an existing patio and water feature
• The applicant would like to limit revocability of the license agreement to certain
conditions
II. BACKGROUND
• A duplex was built on the subject property in 1988.
• A design review application was submitted in 1993, with an electrical permit issued
for the recirculating pump for the water feature on Vail Resorts property.
• In 1990, Vail Resorts and the applicant submitted a number of documents to the
Town of Vail stating an encroachment agreement would be executed, or said
encroachments would be removed. The encroachment agreement was never
executed, but the encroachments remain.
• On December 21, 1999, Vail Resorts deeded the subject streamtract to the Town of
Vail.
• On July 19, 2011, the Vail Town Council unanimously approved a zero tolerance
policy for encroachments into town-owned streamtract in order to improve the health
of Gore Creek. However, improvements that were approved by the Town have been
permitted to remain in place with license agreements that include revocability
clauses.
III. RECOMMENDATION
10/16/2012
Town of Vail Page 2
The Vail Town Council shall approve, approve with conditions, or deny the applicant’s
request to enter into a license agreement with the Town of Vail for use and maintenance
of town property for a patio and water feature.
Because the Town of Vail approved the encroachments in 1993, the Community
Development Department recommends the Vail Town Council approves the applicant’s
request.
Should the Vail Town Council choose to approve the applicant’s requests, Staff
recommends the Council pass the following motion:
“The Vail Town Council, on behalf of the property owner, approves the
applicant’s request to enter into a license agreement for a proposal to maintain
private improvements (patio & water feature) on town-owned streamtract
(Unplatted), adjacent to 463 & 473 Beaver Dam Road/ Lots 4&5, Block 4, Vail
Village Filing 3, and setting forth details in regard thereto.”
Should the Vail Town Council choose to approve the applicant’s requests, Staff
recommends the Council include the following condition:
“The license agreement shall include a clause that allows the license to be
revoked by the Town of Vail at any time for any reason.
IV. ATTACHMENTS
A. Vicinity map
B. Photos of improvements on town property
C. Survey of improvements
D. Letter from applicant’s representative
E. Supporting documentation from applicant
10/16/2012
AREA OF ENCROACHMENT
BEAV
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A
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W FO REST RD
BE
A
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Subject Property
0100200
Feet
Vail Village Filing 3, Block 4, Lots 4 & 5Vail Village Filing 3, Block 4, Lots 4 & 5
(463 & 473 Beaver Dam Road)(463 & 473 Beaver Dam Road)
This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein.
(where shown, parcel line work is approximate)
Last Modified: October 10, 2012
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HUNN CONSULTING GROUP, LLC
PO BOX 1095 / VAIL, CO 81658 970-390-4537 jack@hunnconsultinggroup.com
October 11, 2012
George Ruther
Community Development Director
Town of Vail, Colorado
75 South Frontage Road
Vail, Colorado 81657
RE: 463/473 Beaver Dam Road; Request for Inclusion on Town Council Meeting Agenda for
October 16, 2012
Dear George:
Please consider this letter as a formal request from my clients, David and Alexandra
Ransburg, to be included on the agenda for the October 16, 2012, Vail Town Council meeting.
%HORZ,ZLOOH[SODLQWKH5DQVEXUJ¶VUHTXHVWDQGWKHUHDVRns for it. I will be at the Council
PHHWLQJQH[WZHHNDVWKH5DQVEXUJ¶VUHSUHVHQWDWLYHWRGHVFULEHWKLVVLWXDWLRQIXUWKHUto provide
additional information, and to address any questions raised by Council. I would appreciate it if
you would include this letter in WKH&RXQFLO¶VSDFNHWIRUWKHPHHWLQJVRWKDWWKH\PD\UHYLHZLWin
advance.
BACKGROUND
The Ransburgs have owned the property at 463/473 Beaver Dam Road since 1987. They
constructed a duplex residence on it, which was completed in 1990. In connection with that
construction, and in the few years after that, they constructed some improvements that
encroached upon a parcel at the rear of their property. The encroaching improvements consist of
landscaping, a stone patio, a stone drainage retention pond and related improvements that allow
the pond to function as part of a water feature on the property as well.
At the time the encroachments were built, Vail Associates owned the property behind
463/473 Beaver Dam Road WKH³7UDFW´. At that time, the Ransburgs, through their counsel,
negotiated an encroachment agreement with Vail Associates. That document was finalized and
was, in fact, signed by the Ransburgs and returned to Vail Associates. All improvements
constructed were subject to building permits and appropriate inspections by the Town of Vail.
The Ransburgs are now under contract to sell their home. During the course of their
EX\HU¶VUHYLHZRIWLWOHDQGGXHGLOLJHQFHLWEHFDPHFOHDUWKDWDOWKRXJKWKHHQFURDFKPHQW
agreement was signed and returned to Vail Associates, it was inadvertently not signed and not
recorded by Vail Associates at that time. It simply fell through the cracks, and the Ransburgs
were not aware of this until now, when the property is being sold.
The Tract was conveyed by Vail Associates to the Town of Vail in 1999, many years
after the encroachments were constructed.
10/16/2012
George Ruther
Director of Community Development
Town of Vail, Colorado
October 11, 2012
Page 2 of 3
REQUEST OF THE TOWN OF VAIL
Our request is for the Town to grant to the Ransburgs, and their successors in title to
463/473 Beaver Dam Road, a license that permits the encroachments to exist on the Tract until
such time as the Town requires use of the portion of the Tract upon which the encroachments are
located, and so long as the encroachments are properly maintained and not enlarged. Upon the
&RXQFLO¶VDSSURYDODQGGLUHFWLon, we will work with Town staff and the Town attorney to develop
that agreement.
RATIONALE
We hope the Town Council will agree that there are many good reasons to formalize the
encroachment upon the Tract. We believe these reasons are:
1. The encroachments are limited and are of benefit to the Tract. The
encroachments consist only of landscaping, a sand-set flagstone patio, and the
drainage retention pond and related equipment and facilities. We will present
photos and survey documents at the Council meeting to illustrate this. In
addition, the encroachments serve as part of a system of drainage run-off
management from Vail Mountain, adjacent properties as well as the Town¶s
roadway system. Water collects in the uphill ditch along Rockledge Road and
then flows under the Beaver Dam Road and across several adjacent properties,
ultimately flowing into the pond adjacent to 463/473 Beaver Dam Road. Any
sediment in the water settles in the pond, and excess water flows out of the pond
onto the Tract in a controlled manner. Although the pond serves as part of a
water feature that benefits the home, it also benefits the Tract and, in turn, Gore
Creek.
2. 7KHHQFURDFKPHQWVGRQRWDIIHFWWKH7RZQ¶VVWUHDPVHWEDFN. Preliminary
measurements indicate that the encroachments are no closer than 270 feet to the
EDQNRI*RUH&UHHN7KH7RZQ¶VVWUHDPVHWEDFNDWIHHWIURPWKHFHQWHUOLQH
of the creek, is not affected.
3. The encroachments were approved at the time they were constructed. It is
unfortunate that the encroachment agreement negotiated with Vail Associates in
1990 was not signed by them and was not recorded. However, it is clear that the
encroachments were acceptable to the property owner at the time; in fact, a letter
from Vail Associates was delivered to the Town in February of 1990 stating
exactly that. It is also clear, from building permit and inspection records, that the
encroachments were not objectionable to the Town at the time they were
constructed. This makes sense given that they serve to help control drainage run-
off for the benefit of the Tract.
4. The encroachments were in existence when the Town took title to the Tract.
The encroachments had been in place for almost 10 years when the Town
acquired the Tract from Vail Associates. That conveyance was made expressly
subject to existing uses of the Tract as of the date of the deed. The
10/16/2012
George Ruther
Director of Community Development
Town of Vail, Colorado
October 11, 2012
Page 3 of 3
encroachments have remained in place and have not caused any concern for the
Town on a practical basis for the 13 years since the Town has owned the Tract.
5. Other properties in the area have similar, approved encroachments. For
instance, the property immediately to the east of 463/473 Beaver Dam Road has
extensive encroachments of landscaping and water feature elements. This
encroachment is permitted under an executed and recorded encroachment
agreement with Vail Associates dated just before the Town acquired title to the
Tract in 1999.
6. Denying permission for the encroachment would be a hardship for the owner.
As mentioned, 463/473 Beaver Dam Road is under contract, and the issue of this
encroachment has been raised as a possible impediment to that sale. If the
encroachment agreement is not granted, the Ransburgs may lose the sale. If the
encroachments must be removed because they are not permitted, the value of the
home will be diminished and adverse consequences would result from improper
GUDLQDJHWKDWZRXOGDIIHFWQRWRQO\WKHSURSHUW\EXWWKH7RZQ¶V7UDFWDVZHOO
Thank you in advance for your assistance DQGIRUWKH7RZQ&RXQFLO¶VFRnsideration of
this request. As mentioned above, I will be present at the meeting to make a short presentation on
this matter and answer any questions that Council may have.
Sincerely,
Jack Hunn, President
Hunn Consulting Group, LLC
10/16/2012
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10/16/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 16, 2012
ITEM/TOPIC: Colorado Department of Transportaion(CDOT) Project Update regarding Chain
Stations along Interstate 70 in Vail Colorado
PRESENTER(S): Michelle Hansen from Stouflous; Martha Miller and David Oldham from
CDOT; and Greg Hall and Dwight Henniger with the Town of Vail
ACTION REQUESTED OF COUNCIL: Provide feedback and allow public input with regard
to the information presented
BACKGROUND: CDOT has taken on a study to identify improvements to increase the
capacity of safety of the chain up and down stations in Vail along I-70. See attached memo for
addtional information regarding the project.
STAFF RECOMMENDATION: Provide feedback and allow public input with regard to the
information presented
ATTACHMENTS:
Project Memo
Project Exhibits
10/16/2012
Memo
To:GregHall
From:MichelleHansen,PE
Date:October10,2012
Re:I
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10/16/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 16, 2012
ITEM/TOPIC: Second Reading of Ordinance No. 12, Series of 2012, an ordinance adopting
the 2012 Building Codes with amendments.
PRESENTER(S): Martin Haeberle, Mike Vaughan
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No.12, Series of 2012 upon second reading.
BACKGROUND: The Building and Fire Appeals Board has held public hearings monthly
over the last nine months reviewing the changes from the adopted building codes and
amendments to the 2012 Building Codes for the purpose of recommending the adoption of the
2012 Building Codes by the Vail Town Council. The Board has eliminated many of the
amendments in the towns current building codes that are now within the body of the building
codes or out of date with current technology. The Board has also added provisions
that address construction practices that are unique to our community. Public input has been a
key factor in these changes.
Ordinance No. 12, Series of 2012 was approved as presented by the Vail Town Council on
first reading on October 2, 2012 with a 5-1-0 vote.
STAFF RECOMMENDATION: The Community Development Department and Fire
Department recommends the Vail Town Council approve Ordinance No. 12, Series of 2012
upon second reading.
ATTACHMENTS:
2012 Building Code Memo
Ordinance No. 12, Series of 2012
10/16/2012
To: Vail Town Council
From: Community Development Department
Vail Fire and Emergency Services Department
Date: October 16, 2012
Subject: Ordinance No. 12, Series of 2012 – adopting the 2012 International Building
Codes as amended by the Town of Vail Building and Fire Appeals Board
I. SUMMARY
Ordinance No. 12, Series of 2012, establishes the 2012 International Building Codes as
amended by the Town of Vail Building and Fire Appeals Board as the Building Codes of
the Town of Vail.
Ordinance No. 12, Series of 2012 was approved as presented by the Vail Town Council
on first reading on October 2, 2012, with a 5-1-0 (Moffet opposed) vote. At the October
2nd meeting the Vail Town Council asked that modifications be made to the Vail Fire and
Emergency Services Installation Standards that will provide greater clarity in its
administration. As this is a modification to a standard and not a change to the Vail Town
Code there has been no modification to Ordinance No. 12, Series of 2012. Vail Fire
and Emergency Services Department and the Community Development Department
have revised this standard to address the change requested by the Vail Town Council.
The Building and Fire Appeals Board reviewed proposed changes to the Fire Sprinkler
Installation Standards on October 11, 2012. Upon the Building and Fire Appeals Board
approval a revised Vail Fire and Emergency Services Installation Standards will be
effective immediately.
II. BACKGROUND
In order to continue to be a premier resort community there is a need to maintain a
current set of building codes that safeguard the public health and safety. The
comprehensive set of codes proposed will establish minimum regulations for the design
and installation of building systems through requirements emphasizing performance.
The building codes are updated every three years after an extensive code development
processing in which all interested and affected parties may participate. This allows for
10/16/2012
Town of Vail Page 2
the codes to stay current with laws and technology that affect the construction industry.
Areas most notably changed in this code cycle is within the International Energy
Conservation Code which provides an additional 15% overall efficiency in buildings.
The Building and Fire Appeals Board has held public hearings monthly over the last
nine months reviewing the changes from the previously adopted building codes and
amendments to the 2012 Building codes for the purpose of recommending the adoption
of the 2012 Building Codes by the Vail Town Council. The Board has eliminated many
of the amendments in the towns current building code that are know found within the
body of the building code or out of date with current technology. The Board has also
added provisions that address construction practices that are unique to our community.
Public input has been a key factor in these changes.
III. ACTION REQUESTED OF THE VAIL TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 12, Series of 2012 on second reading.
IV. STAFF RECOMMENDATION
On September 24, 2012 the Building Fire and Appeals Board unanimously approved
Ordinance No. 12, Series of 2012 for consideration by the Vail Town Council. The
Community Development Department and Town of Vail Fire Department are in support
of this recommendation to the Vail Town Council.
10/16/2012
Ordinance No. 12, Series of 2012 1
ORDINANCE NO. 12
SERIES OF 2012
AN ORDINANCE REPEALING AND REENACTING CHAPTER 10-1, BUILDING
CODES, VAIL TOWN CODE, ADOPTING BY REFERENCE THE 2012 EDITIONS OF
THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE,
INTERNATIONAL FIRE CODE, INTERNATIONAL MECHANICAL CODE,
INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE,
INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL
PERFORMANCE CODE, 2011 EDITION OF THE NATIONAL ELECTRICAL CODE,
1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS AND WITH REGARD TO THE ABOVE-DESCRIBED CODES,
ADOPTING CERTAIN APPENDICES, SETTING FORTH CERTAIN AMENDMENTS
THERETO, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado and the Vail Town Charter;
WHEREAS, the 2009 International Building Code currently adopted by the Town
of Vail has been replaced and requiring use of the 2009 International Building Code
causes new buildings to meet out of date standards that limit their compatibility with
technological advancements; and
WHEREAS, the 2012 Editions of the International Building Code, the
International Residential Code, the International Fire Code, the International Mechanical
Code, the International Plumbing Code, the International Fuel Gas Code, the
International Energy Conservation Code, the International Performance Code, the 1997
Edition of the Uniform Code for the Abatement of Dangerous Buildings and the 2011
Edition of the National Electric Code have been published; and
WHEREAS, the Building and Fire Code Appeals Board of the Town of Vail has
recommended adoption of the Building Codes as set forth in this ordinance and has
submitted its recommendation of approval to the Vail Town Council; and
WHEREAS, the Vail Town Council finds that the proposed repealing and
reenacting Chapter 10-1, Building Codes, further the development objectives of the
Town of Vail; and
WHEREAS, the 2011 edition of the National Electrical Code is required by the
State of Colorado; and
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Ordinance No. 12, Series of 2012 2
WHEREAS, by adopting the 2012 Editions of the International Building Codes
the Town of Vail will establish the most current standards for the removal of barriers for
person with disabilities; and
WHEREAS, the Vail Town Council finds that the repealing and reenacting
Chapter 10-1, Building Codes, promote the health, safety, and general welfare of the
Town of Vail and promote the coordinated and harmonious development of the Town of
Vail in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 10-1, Building Codes, Vail Town Code, is hereby repealed and
reenacted to read as follows:
CHAPTER 1
BUILDING CODES SECTION:
10-1-1: Preamble
10-1-2: Codes Adopted By Reference
10-1-3: Amendments to International Building Code
10-1-4: Amendments to International Residential Code
10-1-5: Amendments to International Fire Code
10-1-6: Amendments to International Mechanical Code
10-1-7: Amendments to International Plumbing Code
10-1-8: Amendments to International Fuel Gas Code
10-1-9 Amendments to the International Energy Conservation Code
10-1-10 Amendments to the Uniform Code for the Abatement of Dangerous Buildings
10-1-11: Copies of Codes Available
10-1-12: Penalties
10-1-1: PREAMBLE:
The Charter of the Town of Vail and the statutes of the State of Colorado provide that
standard codes may be adopted by reference with amendments and the Town of Vail
wishes to adopt the 2012 editions of the International Building Code, the International
Residential Code, the International Fire Code, the International Mechanical Code, the
International Plumbing Code, the International Fuel Gas Code, the International Energy
Conservation Code, the International Performance Code, 1997 edition of the Uniform
Code for the Abatement of Dangerous Buildings and the 2011 edition of the National
Electric Code.
10/16/2012
Ordinance No. 12, Series of 2012 3
10-1-2: CODES ADOPTED BY REFERENCE:
A. Building Code: The International Building Code, 2012 Edition including Appendix
Chapters B, C, E, G, J and K, and the International Residential Code, 2012 Edition
including Appendix Chapters F and G are hereby adopted by reference. The
International Building Code, 2012 Edition and the International Residential Code,
2012 Edition are published by the International Code Council, 4051 West Flossmoor
Road, Country Club Hills, Il 60478-5795.
B. Fire Code: The International Fire Code, 2012 Edition including Appendix Chapters A,
B, C, D, E, G, H and J as amended is hereby adopted by reference. The
International Fire Code, 2012 Edition is published by the International Code Council,
4051 West Flossmoor Road, Country Club Hills, Il 60478-5795.
C. Mechanical Code: The International Mechanical Code, 2012 Edition is hereby
adopted by reference. The International Mechanical Code, 2012 Edition is published
by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Il
60478-5795.
D. Plumbing Code: The International Plumbing Code, 2012 Edition is hereby adopted
by reference. The International Plumbing Code, 2012 Edition is published by the
International Code Council, 4051 Flossmoor Road, Country Club Hills, Il 60478-
5795.
E. International Fuel Gas Code: The International Fuel Gas Code, 2012 Edition is
hereby adopted by reference. The International Fuel Gas Code, 2012 Edition is
published by the International Code Council, 4051 Flossmoor Road, Country Club
Hills, Il 60478-5795.
F. Energy Code. The International Energy Conservation Code, 2012 Edition is hereby
adopted by reference. The International Energy Conservation Code, 2012 Edition is
published by the International Code Council, 4051 Flossmoor Road, Country Club
Hills, Il 60478-5705.
G. Electrical Code: The National Electrical Code, 2011 Edition is hereby adopted by
reference. The National Electrical Code, 2011 Edition is published by the National
Fire Protection Association Inc., 1 Batterymarch Park, Quincy, MA 02269.
H. Performance Code: The International Performance Code, 2012 Edition is hereby
adopted by reference. The International Performance Code, 2012 Edition is
published by the International Code Council, 4051 W est Flossmoor Road, Country
Club Hills, Il 60478-5795.
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Ordinance No. 12, Series of 2012 4
I. Abatement Code: The Uniform Code for the Abatement of Dangerous Buildings,
1997 Edition, is hereby adopted by reference. The Uniform Code for the Abatement
of Dangerous Buildings is published by the International Code Council, 4051 West
Flossmoor Road, Country Club Hills, Il 60478-5795.
10-1-3: AMENDMENTS TO INTERNATIONAL BUILDING CODE:
The following amendments are hereby made to the International Building Code, 2012
Edition:
SECTION 101.1 – TITLE: Title is amended as follows: These regulations shall be
known as the Building Code of The Town of Vail, hereinafter referred to as “this code.”
SECTION 101.4 – REFERENCED CODES: Section 101.4, Referenced Codes, is
hereby amended to read as follows: The other codes listed in 101.4.1 through 101.4.7
and referenced elsewhere in this code shall not be considered part of this code.
SECTION 105.1.1 – ANNUAL PERMIT: Delete section in its entirety.
SECTION 105.2 – WORK EXEMPT FROM PERMIT: Section 105.2, Work exempt from
permit, is hereby amended as follows:
Item 2: Fences not over 6 feet. Note: Fences required per IBC section 3109 are not
exempt from a permit.
SECTION 1503.7- SNOWGUARDS/ RETENTION: With the addition of this new section
to read as follows: The design of snow retention devices/snow guards shall be designed
by a licensed engineer or as determined by the Building Official.
SECTION 1505.6 – FIRE RETARDANT TREATED WOOD SHINGLES AND SHAKES:
This section is deleted in its entirety and shall be replaced with the following text: All
roof coverings and roof assemblies shall comply with Section 14-10-5F, which requires
Class A roof coverings or Class A roof assemblies for all structures within the Town of
Vail. Wood shingles and shake coverings or assemblies are prohibited except where
exempted for replacement or repair per Section 14-10-5f, Vail Town Code.
SECTION 1510.4 – ROOF COVERING: This section is amended to read as follows:
Existing wood shingles or wood shakes shall be removed prior to installation of a new
roof covering.
SECTION 1510.7- SNOW RETENTION. With the addition of this new section to read as
follows: Roofs shall be designed to prevent accumulations of snow from shedding onto
exterior balconies, decks, pedestrian and vehicular exits from buildings, stairways,
10/16/2012
Ordinance No. 12, Series of 2012 5
sidewalks, streets, alleys, areas directly above or in front of gas and electrical utility
meters, or adjacent properties. The design of snow retention devices shall be provided
by a licensed structural engineer or as determined by the Building Official. Exception:
Roof areas with a horizontal dimension of no more than 48 inches that will not receive
snow shedding from a higher roof. The horizontal projection shall be measured
perpendicular to the exterior wall line from the edge of the roof or eave to any
intersecting vertical surface.
SECTION 1603.2-BOULDER WALLS: With the addition of this new section to read as
follows: Boulder or rock walls more than four feet tall shall be designed by a licensed
engineer.
SECTION 1604.1.1- HAZARD AREA REQUIREMENTS: With the addition of this new
section to read as follows: All new construction and additions to existing structures
located in mapped debris flow, rock fall, avalanche and flood hazards shall be designed
as required by Chapter 12-21, Hazard Regulations.
SECTION 1608.2- GROUND SNOW LOADS: This section is to be deleted in its entirety
and shall be replaced with the following text: Designs for roof snow loads shall be as
follows: Roof pitches of less than 4:12 shall be designed to carry a one hundred (100)
pound per square foot snow load and roof pitches of 4:12 and greater shall be designed
to carry an eighty (80) pound per square foot snow load. There is no allowance for pitch
reduction nor is there a requirement to increase loading due to wind, valleys, snow
drifting or type of roof covering. Any modification for snow load design shall be
accomplished using section 1604.1.
SECTION 1608.2.1 - ALTERNATIVE ROOF SYSTEMS: With the addition of this new
section to read as follows: Alternative roof systems shall be designed to carry a roof
snow load resulting from a ground snow load of one hundred forty five (145) pound per
square foot. All provisions of Section 1608 shall apply to the analysis of the roof
structure except for reductions for unobstructed slippery surfaces. A licensed engineer
shall be responsible for determining increased localized snow loading due to
architectural building features.
SECTION 1803.2.1- SOILS REPORT: With the addition of this new section to read as
follows: Site specific soils and foundation investigation reports shall be prepared by a
Registered Soils Engineer for the completion of construction documents. Assumption
and open-hole investigations are allowed for additions to an existing building of less
than two thousand (2,000) square feet of floor area.
TABLE 2902.1- MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES: This
Table is amended read as follows:
10/16/2012
Ordinance No. 12, Series of 2012 6
1. Footnote f is amended as follows: Drinking fountains are not required for an
occupant load of 100 or less, or in A-2, B, M occupancies regardless of occupant
load.
2. Footnote g is hereby added to read: Service sinks are recommended, but not
required in B or M occupancies with an occupant load of 50 or less if a lavatory is
provided.
SECTION 2406.4.5 GLAZING AND WET SURFACES: Exception amended to read as
follows:
Exception: Glazing that is more than sixty (60) inches (1524mm) measured horizontally
and in a straight line from the water’s edge of a bathtub, shower, hot tub, spa, whirlpool
or swimming pool.
SECTION 2902.2- SEPARATE FACILITIES: Exception 2 and 3 of this section are
amended to read as follows:
Exception 2: Separate facilities shall not be required in structures or tenant spaces with
a total occupant load including both employees and customers of 30 or less.
Exception 3: Separate facilities shall not be required in mercantile occupancies in which
the maximum occupant load is 100 or less
10-1-4: AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE:
The following amendments are hereby made to the International Residential Code,
2012 Edition:
SECTION 101.1 – TITLE: Title is amended read as follows: These regulations shall be
known as the Building Code of The Town of Vail, hereinafter referred to as “this code.”
SECTION R102 – APPLICABILITY: Section R102.4, Referenced Codes and Standards,
is hereby amended by adding the following text: Reference to other codes such as
Plumbing, Mechanical and Electrical shall refer only to the currently adopted code of
that type.
SECTION R105.2- WORK EXEMPT FROM PERMIT: This section is hereby amended
to read as follows: Item 2, Fences not over six (6) feet (2134 mm) high.
SECTION R301.2.4- FLOODPLAIN CONSTRUCTION: This section is to be deleted in
its entirety and shall be replaced with the following text: Buildings and structures
constructed in flood hazard areas are subject to Chapter 12-21, Hazard Regulations,
Vail Town Code.
SECTION R313.2- ONE AND TWO FAMILY DWELLINGS AUTOMATIC FIRE
SYSTEMS: This section is to be deleted in its entirety and replaced with the following
10/16/2012
Ordinance No. 12, Series of 2012 7
text: An automatic residential fire sprinkler system shall be required as determined by
the Vail Fire and Emergency Services Criteria for Requirements to Install Fire Sprinkler
Systems.
SECTION R313.2.1- DESIGN AND INSTALLATION: This section is to be deleted in its
entirety and replaced with the following text: Automatic residential fire sprinkler systems
shall be designed and installed in accordance to the International Fire Code, 2012
Edition, Section 903 and Vail Fire and Emergency Services Fire Sprinkler Installation
Standards.
SECTIONS R1004.3 and R1005.2- DECORATIVE SHROUDS: These sections are to
be amended to add Exception: Decorative shrouds that are not listed and labeled for
use with the specific factory built fireplace shall be permitted when the decorative
shroud complies with the requirements of Section R1003.9.1.
CHAPTER 4 thru CHAPTER 7- These chapters are to be deleted in their entirety and
replaced with the following text: All structural elements and design shall conform to
International Building Code as amended by the Town of Vail. Exception: Section R612
shall still apply.
CHAPTER 8- Sections R802 thru R804 are to be deleted in their entirety..
CHAPTER 9- This chapter is to be deleted in its entirety and replaced with the following
text entirety and amend to read: Roofing systems shall conform to the International
Building Code as amended by the Town of Vail.
CHAPTER 11 thru CHAPTER 43- These Chapters are to be deleted in their entirety and
replaced with the following text: Reference to other codes such as Plumbing,
Mechanical, Energy, and Electrical respectively.
10-1-5: AMENDMENTS TO THE INTERNATIONAL FIRE CODE:
The following amendments are hereby made to the International Fire Code, 2012
Edition:
SECTION 101.1 – TITLE: Title is hereby amended as follows:
These regulations shall be known as the Fire Code of the Town of Vail, hereinafter
referred to as “this code.”
SECTION 102.7- REFERENCED CODES AND STANDARDS: This section is to be
deleted in its entirety and shall be replaced with the following text: The codes and
standards referenced in this code shall be those listed in Chapter 80 and Vail Fire and
Emergency Services Standards as approved by the Vail Fire Code Official and as
10/16/2012
Ordinance No. 12, Series of 2012 8
published on the Town of Vail web site at www.vailgov.com. Such codes and
standards shall be considered part of the requirements of this code to the prescribed
extent of each such reference. Where codes and standards are adopted by other
governmental jurisdictions, and where differences occur between provisions of this code
and the adopted standards, the more stringent of the two shall apply. Fire sprinkler
standards, fire alarm standards, commissioning standards and related standards shall
be published and available for review.
SECTION 202 -DEFINITIONS: Amend to add this new section to read as follows:
Tampering: Any alteration, damage, misuse or deactivation and/or any similar actions
that render inoperable any fire protection, fire detection or life safety system without
express written approval of Vail Fire and Emergency Services. [See Section 901.8]
SECTION 308.1.4 -OPEN-FLAME COOKING DEVICES: Amend this section to add the
following language as follows: Exception 4. Listed or AIG certified natural gas
appliances.
SECTION 312.4- ELECTRIC METERS, GAS METERS AND PIPING: Amend to add
this new section to read as follows: Above ground electric meters, gas meters,
regulators and piping shall be protected from damage by ice or snow and if exposed to
vehicular damage due to proximity to alleys, driveways or parking areas shall be
protected from such potential damage in accordance with section 312.1 of this code
SECTION 503.1- Fire Apparatus Access Roads-WHERE REQUIRED: Amend this
section to add the following language as follows: Refer to Title 14, Development
Standards, Vail Town Code for additional requirements.
SECTION 507.5.7- MOUNTAIN HYDRANTS: Amend to add this new section to read as
follows: Fire hydrants are considered “Mountain Hydrants” when they are placed such
that the center point of the discharge outlet is not less than thirty-six (36) inches above
finish grade. New fire hydrants and fire hydrants replaced or relocated in locations
other than in a heated sidewalk or in immediate proximity thereto, such that snow
accumulation is likely shall be placed as Mountain Hydrants.
SECTION 510.1- EMERGENCY RESPONDER RADIO COVERAGE IN BUILDINGS:
Amend this section to add the following language as follows: See Chapter 10-3, In-
Buildings Public Safety Radio System Coverage, Vail Town Code, for additional
requirements.
SECTION 901.6.1- STANDARDS: This section is to be deleted in its entirety and shall
be replaced with the following text: Fire protection systems shall be installed, inspected,
tested and maintained in accordance with the referenced standards listed in Table
10/16/2012
Ordinance No. 12, Series of 2012 9
901.6.1 and in accordance with Vail Fire and Emergency Services Fire Sprinkler
Installation Standards.
SECTION 901.11 LIFE SAFETY REPORTS: Amend to add this new section to read as
follows:
A Life Safety Report shall be approved by the Vail Fire Code Official prior to issuance of
a building permit for all buildings fifty-five (55) feet or greater in height, measured from
fire department access to the highest occupied floor level, inaccessible buildings or
where the building is employing a performance based design. Elements of the Life
Safety Report shall include, but are not limited to: exiting, travel distances, smoke
control, smoke management, fire alarm and detection, fire sprinkler systems, standpipe
systems, fire pumps, and other elements directly related to fire and life safety.
SECTION 902 -DEFINITIONS: Amend this section to add the following language as
follows:
False Alarms: See Title 4, Business and License Regulations, Vail Town Code.
SECTION 903.2.10- GROUP S-2 ENCLOSED PARKING GARAGES: Delete the
following:
Exception: Enclosed parking garages located beneath Group R-3 occupancies.
SECTION 903.3.1.3- Delete and amend to: NFPA 13R SINGLE FAMILY / DUPLEX
SPRINKLER SYSTEMS: This section is to be deleted in its entirety and shall be
replaced with: the following text; Where a fire sprinkler system is required by this code,
automatic sprinkler systems shall be installed in a one and two-family dwelling or
townhouse shall be installed throughout in accordance with NFPA 13R and Vail Fire
and Emergency Services Installation Standards.
SECTION 903.3.5.1.1- LIMITED AREA SPRINKLER SYSTEMS: Delete section in its
entirety.
SECTION 903.4- SPRINKLER SYSTEM SUPERVISION AND ALARMS: This section
is hereby amended as follows: Delete Exceptions 1 through 7.
APPENDIX B - FIRE FLOW REQUIREMENTS: Amend this section to read as follows:
The maximum reduction for sprinkled buildings shall be not greater than 50%.
10/16/2012
Ordinance No. 12, Series of 2012 10
APPENDIX D- FIRE APPARATUS ACCESS ROADS: Amend this section by adding
the following language as follows: This section is for reference only but may be used in
performance based design. Refer to Title 14, Development Standards, Vail Town Code.
APPENDIX G- CYROGENICS: Weight and Volume Tables: Amend this section to add
the following language as follows: Use as reference only.
10-1-7: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE:
The following amendments are hereby made to the International Plumbing Code, 2012
Edition:
SECTION 101.1- TITLE: This section is hereby amended to read as follows: These
regulations shall be known as the Plumbing Code of the Town of Vail hereinafter
referred to as “this code.”
SECTION 101.2- SCOPE: This section is hereby amended to read as follows: Delete
exception in its entirety.
10-1-8 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE:
The following amendments are hereby made to the International Fuel Gas Code, 2012
Edition:
SECTION 101.1- TITLE: This section is hereby amended to read as follows: These
regulations shall be known as the Fuel Gas Code of the Town of Vail, hereinafter
referred to as “this code”.
SECTION 101.2- SCOPE: This section is hereby amended to read as follows: Delete
Exceptions in its entirety.
SECTION 303.3- PROHIBITED LOCATIONS: This section is hereby amended to read
as follows: Delete Exception 2, 3 and 4 in their entirety.
SECTION 304.11- COMBUSTION AIR DUCTS: This section is hereby amended to read
as follows: Item 8. Combustion air intake openings located on the exterior of a building
shall be at least sixty (60) inches above the adjoining ground or at least thirty-six (36)
inches above the roof.
SECTION 304.1- GENERAL: This section is hereby amended to include the following
text: New construction shall be considered unusually tight construction as defined by
this code.
10/16/2012
Ordinance No. 12, Series of 2012 11
SECTION 406.4.1 -TEST PRESSURE: This section is hereby amended to read as
follows: The test shall include an air, carbon dioxide or nitrogen pressure test at which
time the gas piping shall withstand a pressure of not less than 10 Pressure Per Square
Inch Gauge (69 kPa). For welded pipe and for piping carrying gas pressure exceeding
fourteen (14) inch water column, the test shall be at least sixty (60) Pressure Per
Square Inch Gauge (414 kPa).
SECTION 406.4.2- TEST DURATION: This section is hereby amended to read as
follows: Test duration shall not be less than fifteen (15) minutes for threaded pipe. For
welded pipe and piping carrying gas pressure exceeding fourteen (14) inch water
column the duration shall not be less than thirty (30) minutes.
SECTION 409.7- NATURAL GAS EMERGENCY GENERATORS: With the addition of
this new section to read as follows: Gas emergency generators shall have a dedicated
gas line connected on the supply side of the main gas shutoff valve and marked as
supplying an emergency generator per NFPA 110.7.9.7 & 7.9.8. This valve shall have a
monitored tamper switch.
SECTION 411.4- FIRE PITS: With the addition of this new section to read as follows:
Fire pits serving any residential units require automatic shut-off controls with a
maximum timer of thirty (30) minutes and may only be served by a three quarter inch
(¾”) gas pipe.
SECTION 501.8 -EQUIPMENT NOT REQUIRED TO BE VENTED: This section is
hereby amended to read as follows: Delete item 8 and 10.
SECTION 503.6.4- GAS VENT TERMINATIONS: This section is amended with the
addition of the following text: Item 8. Gas appliance vent terminations located on the
exterior of a building shall be at least sixty (60) inches above the adjoining ground or at
least thirty-six (36) inches above the roof.
SECTION 603- LOG LIGHTERS: This section is hereby amended with the addition of
the following text: Log lighters are prohibited in the Town of Vail.
SECTION 621.2- PROHIBITED USES: The section is herby amended with the addition
of the following text: Log lighters are prohibited in the Town of Vail.
10-1-9: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION
CODE:
The following amendments are hereby made to the International Energy Conservation
Code, 2012 Edition.
10/16/2012
Ordinance No. 12, Series of 2012 12
SECTION 101.1- TITLE: This section is hereby amended to read as follows: These
regulations shall be known as the Energy Conservation Code of the Town of Vail
hereinafter referred to as “this code.”
TABLE 402.1.1- INSULATION AND FENESTRATION REQUIREMENTS BY
COMPONENTS: This table to be revised by the addition of Footnote j to read as
follows; The fenestration U- factor for the Town of Vail shall be 0.30 for all new one and
two family dwelling units and amend footnote h to read as follows: Cavity plus
continuous insulation shall not be required.
SECTION 402.4.2.1 TESTING OPTION: This section is hereby amended with the
addition of the following text: The testing agency shall be approved by the Building
Official.
SECTION 403.9.3- POOL COVERS: The Exception to this section is hereby deleted in
its entirety.
SECTION 403.6- EQUIPMENT SIZING (MANDATORY): This section is hereby
amended to read as follows: Heating equipment shall be sized in accordance with
ASHRAE, 2004 Edition, Chapter 17 for residential occupancies and Chapter 18 for
nonresidential occupancies. All gas fired boilers and furnaces shall have a minimum
efficiency of ninety-two percent (92%) AFUE.
10-1-10: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS, 1997 EDITION:
The following amendments are hereby made to the Uniform Code for the Abatement of
Dangerous Buildings 1997 Edition:
SECTION 301- GENERAL: This section is herby amended to read as follows: For the
purpose of this code, certain terms, phrases, words, and their derivatives shall be
construed as specified in either this chapter or as specified in the Building Code.
BUILDING CODE: is the International Building Code as adopted and amended by the
Town of Vail.
DANGEROUS BUILDING: is any building or structure deemed to be dangerous under
the provisions of Section 302 of this code.
10-1-11: COPIES OF CODES AVAILABLE:
Copies of all the codes adopted by this Chapter and all amendments thereto shall be
available for inspection at the office of the Town Clerk.
10/16/2012
Ordinance No. 12, Series of 2012 13
10-1-12: PENALTIES:
A. Any person who violates any of the provisions of the Codes adopted by this Chapter
or fails to comply therewith or who violates or fails to comply with any order made
thereunder or who builds in violation of any detailed statements, specifications or plans
submitted and approved thereunder or any certificate or permit issued thereunder or
within the time fixed therein shall be guilty of a misdemeanor and subject to penalty as
provided in Section 1-4-1 of this Code. The imposition of a penalty for any violation shall
not excuse the violation or permit it to continue and all such persons shall be required to
correct or remedy such violation or defects within a reasonable time and each day that
the prohibited conditions are maintained shall constitute a separate offense.
B. The Town of Vail may maintain an action for damages, declaratory relief, specific
performance, injunction, or any other appropriate relief in the District Court in and for the
County of Eagle for any violation of any of the provisions of this Chapter. (1997 Code:
Ord. 25(1991) §
Section 2. The Codes adopted by this Ordinance shall be effective for all Building
Permit Applications received by the Town of Vail, Community Development Department,
Building Safety and Inspection Services on or after January 1, 2013.
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 Vail 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 Vail 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. The Council’s finding, determination and declaration is
based upon the review of the criteria prescribed by the Town Code of Vail and the
evidence and testimony presented in consideration of this ordinance.
Section 5. The amendment of any provision of the Town Code of Vail as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
10/16/2012
Ordinance No. 12, Series of 2012
14
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of October,
2012 and a public hearing for second reading of this Ordinance set for the 16th day of
October, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building,
Vail, Colorado.
_________________________
Andrew P. Daly, Mayor
ATTEST:
__________________________
Lorelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 16th day of October, 2012.
_________________________
Andrew P. Daly, Mayor
ATTEST:
________________________
Lorelei Donaldson, Town Clerk
10/16/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 16, 2012
ITEM/TOPIC: First reading of Ordinance No. 13, Series of 2012, an ordinance amending the
construction sign provisions and repealing the temporary site development sign provisions of
Title 11, Sign Regulations, Vail Town Code, and setting forth details in regard thereto.
(PEC120031)
PRESENTER(S): Bill Gibson, Community Development Department
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 13, Series of 2012, on first reading.
BACKGROUND: On September 24, 2012, the Planning and Environmental Commission
forwarded the Vail Town Council a recommendation of approval, with modifications, for
prescribed regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to
Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow for
amendments to the construction sign regulations, and setting forth details in regard thereto.
(PEC120031)
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends
approval of Ordinance No. 13, Series of 2012, on first reading.
ATTACHMENTS:
memorandum
Attachment A: Ordinance No. 13, Series of 2012
Attachment B: PEC memorandum
Attachment C: PEC minutes (excerpt)
10/16/2012
TO: Vail Town Council
FROM: Community Development Department
DATE: October 16, 2012
SUBJECT: Ordinance No. 13, Series of 2012, an ordinance amending the construction sign
provisions and repealing the temporary site development sign provisions of Title
11, Sign Regulations, Vail Town Code, and setting forth details in regard thereto.
(PEC120031)
Applicant: Town of Vail
Planner: Bill Gibson
I. SUMMARY
First reading of Ordinance No. 13, Series of 2012, an ordinance amending the
construction sign provisions and repealing the temporary site development sign
provisions of Title 11, Sign Regulations, Vail Town Code, and setting forth details in
regard thereto. On September 24, 2012, Planning and Environmental Commission
forwarded a recommendation of approval, with modifications, to the Vail Town Council.
II. DESCRIPTION OF THE REQUEST
The temporary site development sign provisions of Title 11, Sign Regulations, Vail Town
Code, were associated with the Town of Vail sponsored “Vail’s Billion Dollar Renewal”
communications program which began in 2005 and has since been discontinued. The
temporary site development sign provisions of the Sign Regulations are no longer
applicable or relevant. The applicant, the Town of Vail, is therefore proposing to repeal
the provisions of Section 11-7-6, Temporary Site Development Signs, Vail Town Code.
The applicant, the Town of Vail, is also proposing amendments to the construction sign
provisions of Title 11, Sign Regulations, Vail Town Code. The proposed amendments
will allow the following additional content to be displayed on construction signs:
• One business logo of the emergency contact.
• Brief factual description of the construction project.
• One website address.
• One quick response (QR) code.
• An artist rendering of the finished construction project.
• Proposed construction completion date.
10/16/2012
Town of Vail Page 2
The applicant is also proposing to clarify the sign type, design, and landscaping
requirements for construction signs which are not addressed by the current sign
regulations.
On September 24, 2012, Planning and Environmental Commission forwarded a
recommendation of approval to the Vail Town Council for the proposed amendments
by a vote of 6-0-0 with the following modification:
“The applicant shall modify Section 11-7-6a-1 to allow a maximum sign area of 8
square feet in all residential zone districts. Construction signs in all other zone
districts will continue to be allowed a maximum sign area of 20 square feet.”
The current Sign Regulations allow any construction sign to be a maximum of 20 square
feet in area, regardless of which zone district the sign is located.
III. ACTION REQUESTED OF THE COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 13, Series of 2012, on first reading.
IV. RECOMMENDATION
On September 24, 2012, the Planning and Environmental Commission forwarded a
recommendation of approval to the Vail Town Council for the proposed amendments.
Should the Vail Town Council choose to approve this ordinance on first reading; the
Planning and Environmental Commission recommends the Council pass the following
motion:
“The Vail Town Council approves Ordinance No. 13, Series of 2012, an
ordinance amending the construction sign provisions and repealing the
temporary site development sign provisions of Title 11, Sign Regulations, Vail
Town Code, and setting forth details in regard thereto.”
Should the Vail Town Council choose to approve this ordinance, the Planning and
Environmental Commission recommends the Vail Town Council makes the following
findings:
“Based upon the review of the criteria outlined in Section V of the September 24,
2012, Staff memorandum and the evidence and testimony presented, 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 sign
regulations; and
10/16/2012
Town of Vail Page 3
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
A. Ordinance No. 13, Series of 2012
B. Planning and Environmental Commission Memorandum Dated 9/24/12
C. Planning and Environmental Commission Meeting Results from 9/24/12
10/16/2012
Ordinance No. 13, Series 2012
- 1 -
ORDINANCE NO. 13
SERIES OF 2012
AN ORDINANCE AMENDING THE CONSTRUCTION SIGN PROVISIONS AND
REPEALING THE TEMPORARY SITE DEVELOPMENT SIGN PROVISIONS OF TITLE 11,
SIGN REGULATIONS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
“Town”), is a home rule Town duly existing under the Constitution and laws of the State of
Colorado and its home rule charter (the “Charter”);
WHEREAS, the members of the Town Council of the Town (the “Council”) have been
duly elected and qualified;
WHEREAS, Section 11-3-3, Prescribed Regulation Amendment, Vail Town Code, sets
forth the procedures for amending the Town’s Sign Regulations; and,
WHEREAS, the purpose of these amendments is to allow additional content to be
displayed on construction signs;
WHEREAS, the purpose of these amendments is to clarify the sign type, design, and
landscaping requirements for construction signs;
WHEREAS, the temporary site development sign provisions of Title 11, Sign
Regulations, Vail Town Code, were associated with the Town of Vail sponsored “Vail’s Billion
Dollar Renewal” communications program which began in 2005 and has since been
discontinued. Therefore, the temporary site development signs provisions of Title 11, Sign
Regulations, Vail Town Code, are no longer applicable or relevant;
WHEREAS, the purpose of these amendments is to clarify the Sign Regulations by
repealing Section 11-7-6, Temporary Site Development Signs, Vail Town Code;
WHEREAS, on September 24, 2012, the Town of Vail Planning and Environmental
Commission held a public hearing on the application to amend the construction sign and
temporary site development sign provisions of Title 11, Sign Regulations, Vail Town Code, in
accordance with the provisions of the Vail Town Code; and,
WHEREAS, on September 24, 2012, the Town of Vail Planning and Environmental
Commission forwarded a recommendation of approval, with modifications, for these Sign
Regulation amendments to the Vail Town Council; and,
WHEREAS, the Vail Town Council finds and determines that these amendments are
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;
10/16/2012
Ordinance No. 13, Series 2012
- 2 -
WHEREAS, the Vail Town Council finds and determines that these amendments
furthers the general and specific purposes of the sign regulations; and
WHEREAS, the Vail Town Council finds and determines that these amendments
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.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. Chapter 11-7, Other Signs, Vail Town Code, shall be amended as follows
(text to be deleted is in strikethrough, text that is to be added is bold, and sections of
text that are not amended have been omitted):
11-7-6: TEMPORARY SITE DEVELOPMENT SIGNS:
A. Description: A sign permitted to identify and describe a project under
construction and the associated hazardous conditions during large scale
development periods as determined by the town council.
1. Size: Any site development sign shall not exceed forty two inches by fifty
three inches (42" x 53") in dimension.
2. Number: One sign per building frontage upon a site.
3. Location: Signs shall be mounted on construction fencing. In the absence of
construction fencing, a two (2) sided sign mounted on a four by four inch
(4 x 4") post may be placed within a landscaped planter.
4. Lighting: Not permitted.
5. Special Provisions: Temporary site development signs shall be removed prior
to the issuance of a temporary certificate of occupancy.
6. Content: No content other than listed below shall be included on a temporary
site development sign:
a. Temporary site development signs shall include the following information:
(1) Project name.
(2) Building permit number.
(3) Contact information. Only one name, one phone number and one e-mail
address shall be permitted.
(4) Physical address.
10/16/2012
Ordinance No. 13, Series 2012
- 3 -
b. Temporary site development signs may include the following information:
(1) Staff approved development slogans.
(2) Brief factual description of the project.
(3) Website address.
(4) Artist rendering.
(5) Proposed completion date.
11-7-13 6: CONSTRUCTION SIGNS:
A. Description: A sign permitted to identify and describe a project under
construction and the associated hazardous conditions.
1. Size Area: In all residential zone districts, the area of any construction
sign shall not exceed eight (8) square feet. In all other zone districts, the
area of any construction sign shall not exceed twenty (20) square feet, with a
horizontal dimension no greater than ten feet (10').
2. Height: The top of a construction sign shall be no higher than eight feet (8')
from grade.
3. Number: One sign per construction site.
4. Location: A wall mounted sign shall be placed parallel to the exterior wall
adjacent to the street or major pedestrianway which the building abuts and shall
be subject to design review. If no wall exists for sign to be placed, the sign may
be mounted on the construction fence. Construction signs shall be mounted
parallel and flush to the building wall or construction fence adjacent to
the street or major pedestrianway to which the construction site abuts.
5. Lighting: Not permitted.
6. Type of Sign: Construction signs shall not be freestanding signs.
7. Design: Subject to design review.
8. Landscaping: Not applicable.
6. Special Provisions: Construction signs shall be removed prior to the issuance
of a temporary certificate of occupancy.
9. Display Duration: Construction signs may be displayed upon issuance
of the associated building permit(s) and shall be removed prior to the
issuance of a certificate of occupancy.
7. Content: Only the following text shall be included on construction signs with
no other content permitted:
10/16/2012
Ordinance No. 13, Series 2012
- 4 -
a. Project name.
b. Building permit number.
c. Contact information. Only one name, one phone number and one e-mail
address shall be permitted.
d. Physical address.
10. Content: No content other than listed below shall be included on a
construction sign:
a. Construction signs shall include the following information:
(1) Physical address of the construction site.
(2) Building permit number(s).
(3) Construction project name(s).
(4) One emergency contact, including one individual and business
name, one telephone number and one e-mail address.
b. Construction signs may include the following additional
information:
(1) One business logo of the emergency contact.
(2) Brief factual description of the construction project.
(3) One website address.
(4) One quick response (QR) code.
(4) An artist rendering of the finished construction project.
(5) Proposed construction completion date.
11. Special Provisions: Signs identifying dangerous or hazardous
conditions associated with a construction site are exempt from design
review as further regulated by Section 11-9-1, Exempt Signs, of this title.
11-7-14 13: Promotional Event Posters:
11-7-15 14: Public Parking And Loading Signs For Private Property:
11-7-16 15: Ski Base Area Signs:
11-7-17 16: Informational And Directional Sign For Public Parking On Private Property:
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.
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Ordinance No. 13, Series 2012
- 5 -
Section 4. The amendment of any provision of the Town Code as provided in this ordinance
shall not affect any right which has accrued, any duty imposed, any violation that occurred prior
to the effective date hereof, any prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
Section 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 16th day of October, 2012, and a public hearing for
second reading of this Ordinance set for the 6th day of November, 2012, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
____________________________
Andrew P. Daly, Mayor
ATTEST:
____________________________
Lorelei Donaldson, Town Clerk
10/16/2012
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 24, 2012
SUBJECT: A request for a recommendation to the Vail Town Council on prescribed
regulation amendments to Title 11, Sign Regulations, Vail Town Code, pursuant
to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to allow
for amendments to the construction sign regulations, and setting forth details in
regard thereto. (PEC120031)
Applicant: Town of Vail
Planner: Bill Gibson
I. SUMMARY
A request for a recommendation to the Vail Town Council on prescribed regulation
amendments to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3,
Prescribed Regulations Amendment, Vail Town Code, to allow for amendments to the
construction sign regulations. The proposed amendments will allow for additional
content to be displayed on general construction signs including:
x One business logo of the emergency contact.
x Brief factual description of the construction project.
x One website address.
x One quick response (QR) code.
x An artist rendering of the finished construction project.
x Proposed construction completion date.
The applicant is also proposing to clarify the sign type, design, and landscaping
requirements for construction signs which are not addressed by the current sign
regulations.
For further clarification of the sign regulations, the applicant is also proposing to repeal
Section 11-7-6, Temporary Site Development Signs, Vail Town Code. The temporary
site development sign regulations were associated with the Town sponsored “Vail’s
Billion Dollar Renewal” communications program which began in 2005 and has since
been discontinued.
10/16/2012
Town of Vail Page 2
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval to the Vail Town
Council for the proposed amendments based upon the findings noted in Section VI of
this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant is proposing the following amendments to Title 11, Sign Regulations, Vail
Town Code (text to be deleted is in strikethrough, text that is to be added is bold, and
sections of text that are not amended have been omitted):
11-7-6: TEMPORARY SITE DEVELOPMENT SIGNS:
A. Description: A sign permitted to identify and describe a project under
construction and the associated hazardous conditions during large scale
development periods as determined by the town council.
1. Size: Any site development sign shall not exceed forty two inches by fifty three
inches (42" x 53") in dimension.
2. Number: One sign per building frontage upon a site.
3. Location: Signs shall be mounted on construction fencing. In the absence of
construction fencing, a two (2) sided sign mounted on a four by four inch (4 x 4")
post may be placed within a landscaped planter.
4. Lighting: Not permitted.
5. Special Provisions: Temporary site development signs shall be removed prior
to the issuance of a temporary certificate of occupancy.
6. Content: No content other than listed below shall be included on a temporary
site development sign:
a. Temporary site development signs shall include the following information:
(1) Project name.
(2) Building permit number.
(3) Contact information. Only one name, one phone number and one e-mail
address shall be permitted.
(4) Physical address.
b. Temporary site development signs may include the following information:
(1) Staff approved development slogans.
(2) Brief factual description of the project.
10/16/2012
Town of Vail Page 3
(3) Website address.
(4) Artist rendering.
(5) Proposed completion date.
11-7-13 6: CONSTRUCTION SIGNS:
A. Description: A sign permitted to identify and describe a project under
construction and the associated hazardous conditions.
1. Size Area: Any construction sign shall not exceed twenty (20) square feet, with
a horizontal dimension no greater than ten feet (10').
2. Height: The top of a construction sign shall be no higher than eight feet (8')
from grade.
3. Number: One sign per construction site.
4. Location: A wall mounted sign shall be placed parallel to the exterior wall
adjacent to the street or major pedestrianway which the building abuts and shall
be subject to design review. If no wall exists for sign to be placed, the sign may
be mounted on the construction fence. Construction signs shall be mounted
parallel and flush to the building wall or construction fence adjacent to the
street or major pedestrianway to which the construction site abuts.
5. Lighting: Not permitted.
6. Type of Sign: Construction signs shall not be freestanding signs.
7. Design: Subject to design review.
8. Landscaping: Not applicable.
6. Special Provisions: Construction signs shall be removed prior to the issuance
of a temporary certificate of occupancy.
9. Display Duration: Construction signs may be displayed upon issuance of
the associated building permit(s) and shall be removed prior to the
issuance of a certificate of occupancy.
7. Content: Only the following text shall be included on construction signs with no
other content permitted:
a. Project name.
b. Building permit number.
c. Contact information. Only one name, one phone number and one e-mail
address shall be permitted.
d. Physical address.
10/16/2012
Town of Vail Page 4
10. Content: No content other than listed below shall be included on a
construction sign:
a. Construction signs shall include the following information:
(1) Physical address of the construction site.
(2) Building permit number(s).
(3) Construction project name(s).
(4) One emergency contact, including one individual and business
name, one telephone number and one e-mail address.
b. Construction signs may include the following additional
information:
(1) One business logo of the emergency contact.
(2) Brief factual description of the construction project.
(3) One website address.
(4) One quick response (QR) code.
(4) An artist rendering of the finished construction project.
(5) Proposed construction completion date.
11. Special Provisions: Signs identifying dangerous or hazardous
conditions associated with a construction site are exempt from design
review as further regulated by Section 11-9-1, Exempt Signs, of this title.
11-7-14 13: Promotional Event Posters:
11-7-15 14: Public Parking And Loading Signs For Private Property:
11-7-16 15: Ski Base Area Signs:
11-7-17 16: Informational And Directional Sign For Public Parking On Private Property:
III. BACKGROUND
In the mid-2000’s the Town of Vail experienced an unprecedented volume of
construction activity with a variety of physical and economic impacts on the Town’s
businesses, guests, and residents. The Vail Town Council identified this as a period of
large scale development. The Council wished to minimize the negative impacts of that
construction activity by allowing temporary signage to direct guests to core area
businesses during construction of the Vail Village streetscape, Arrabelle, Vail’s Front
Door, and other significant construction projects in the town’s core areas.
In May 2005, the Vail Town Council approved Ordinance No. 10, Series of 2005, which
allowed “temporary signs, construction fencing, and other temporary improvements
within Vail’s commercial core” until April 1, 2008. The Vail Town Council extended
these regulations through the adoption of Ordinance No. 4, Series of 2008, and
Ordinance No. 8, Series of 2010. These temporary sign regulations expired on April 1,
2011.
10/16/2012
Town of Vail Page 5
In addition to minimizing the impacts of construction projects, the Vail Town Council
also wanted to celebrate and market Vail’s “renaissance” associated with this large
scale development period. In 2005, the Town of Vail Community Information Office, in
cooperation with various other groups, developed and implemented a communications
program for “Vail’s Billion Dollar Renewal”. This program included allowing additional
construction signage. This additional signage was initially allowed for major
redevelopment projects in commercial areas, but was eventually extended to all
construction projects town-wide. This additional signage was subject to a pre-
determined sign size and layout that included the Billion Dollar Renewal slogan. These
signs were allowed more content than general construction signs including a project
description, website address, artist rendering, and proposed completion date.
The regulation of these Billion Dollar Renewal signs was clarified by the Vail Town
Council’s adoption of Ordinance No. 29, Series of 2005, in January 2006. Ordinance
No. 29, Series of 2005, defined these signs as “Temporary Site Development Signs”
and re-name general construction signs (formerly known as temporary site development
signs) as “Construction Sign”. During the Planning and Environmental Commission’s
review of that ordinance, the Staff memorandum described the need for the
amendments to the Sign Regulations as follows:
Excerpt, August 22, 2005, Staff memorandum to the Planning and Environmental
Commission:
Staff Comment: During Vail's Billion Dollar Renewal, there has been confusion
among applicants as to which signs and which regulations apply to particular
projects. Staff feels that construction sign and temporary site development sign
should be clarified to create two separate terms, one for major development
periods, and the other for general construction. We have also chosen to codify
the requirements for each of these signs (revamping the Temporary Site
Development Sign regulations and creating Construction Sign regs below). In the
future, applicants will have a clear understanding of which signs apply to their
projects. Staff will also have codified standards from which to regulate.
Excerpt, October 5, 2005, Staff memorandum to the Planning and Environmental
Commission:
Staff Comments: The regulations need to be adjusted to clarify the difference
between “Temporary Site Development Signs” and “Construction Signs”. As
Temporary Site Development Signs will be linked to major development periods
in Vail, such as the Billion Dollar Renewal, the Code needs to reflect the Town
Council approved sign program introduced by the Department of Community
Development and/or the Department of Public Works. (See attached “Billion
Dollar Renewal Sign Program” sheet.)
The Billion Dollar Renewal communications program has ended and the commercial
core temporary sign regulations of Ordinance No. 8, Series of 2010, have expired.
10/16/2012
Town of Vail Page 6
IV. APPLICABLE REGULATIONS
TITLE 11: SIGN REGULATIONS (in part)
Chapter 11-2: Purpose
A. General Purpose: These regulations are enacted for the purpose of promoting
the health, safety, morals, and general welfare of the town of Vail and to promote
the coordinated and harmonious design and placement of signs in the town in a
manner that will conserve and enhance its natural environment and its
established character as a resort and residential community of the highest
quality.
B. Specific Purpose: These regulations are intended to achieve the following
specific purposes:
1. To describe and enable the fair and consistent enforcement of signs in the
Town of Vail.
2. To encourage the establishment of well designed, creative signs that enhance
the unique character of Vail's village atmosphere.
3. To preserve a successful and high quality business environment that is aided
by signs that identify, direct, and inform.
4. To aid in providing for the growth of an orderly, safe, beautiful, and viable
community.
11-7-6: TEMPORARY SITE DEVELOPMENT SIGNS:
A. Description: A sign permitted to identify and describe a project under
construction and the associated hazardous conditions during large scale
development periods as determined by the town council.
1. Size: Any site development sign shall not exceed forty two inches by fifty three
inches (42" x 53") in dimension.
2. Number: One sign per building frontage upon a site.
3. Location: Signs shall be mounted on construction fencing. In the absence of
construction fencing, a two (2) sided sign mounted on a four by four inch (4 x 4")
post may be placed within a landscaped planter.
4. Lighting: Not permitted.
5. Special Provisions: Temporary site development signs shall be removed prior
to the issuance of a temporary certificate of occupancy.
10/16/2012
Town of Vail Page 7
6. Content: No content other than listed below shall be included on a temporary
site development sign:
a. Temporary site development signs shall include the following information:
(1) Project name.
(2) Building permit number.
(3) Contact information. Only one name, one phone number and one e-mail
address shall be permitted.
(4) Physical address.
b. Temporary site development signs may include the following information:
(1) Staff approved development slogans.
(2) Brief factual description of the project.
(3) Website address.
(4) Artist rendering.
(5) Proposed completion date.
11-7-13: CONSTRUCTION SIGNS:
A. Description: A sign permitted to identify and describe a project under
construction and the associated hazardous conditions.
1. Size: Any construction sign shall not exceed twenty (20) square feet, with a
horizontal dimension no greater than ten feet (10').
2. Height: The top of a sign shall be no higher than eight feet (8') from grade.
3. Number: One sign per site.
4. Location: A wall mounted sign shall be placed parallel to the exterior wall
adjacent to the street or major pedestrianway which the building abuts and shall
be subject to design review. If no wall exists for sign to be placed, the sign may
be mounted on the construction fence.
5. Lighting: Not permitted.
6. Special Provisions: Construction signs shall be removed prior to the issuance
of a temporary certificate of occupancy.
7. Content: Only the following text shall be included on construction signs with no
other content permitted:
a. Project name.
b. Building permit number.
10/16/2012
Town of Vail Page 8
c. Contact information. Only one name, one phone number and one e-mail
address shall be permitted.
d. Physical address.
V. REVIEW CRITERIA
1. The extent to which the text amendment furthers the general and specific
purposes of the sign regulations.
Staff finds that the prescribe regulations amendment continues to maintain the general
purpose of the sign regulations outlined in Section IV above including promoting the
health, safety, morals, and general welfare of the town of Vail and promoting the
coordinated and harmonious design and placement of signs in the town in a manner
that will conserve and enhance its natural environment and its established character as
a resort and residential community of the highest quality.
Staff finds the proposed prescribed regulation amendments will better describe and
enable the fair and consistent enforcement of signs in the Town of Vail; encourage the
establishment of well designed, creative signs that enhance the unique character of
Vail's village atmosphere; preserve a successful and high quality business environment
that is aided by signs that identify, direct, and inform; and aid in providing for the growth
of an orderly, safe, beautiful, and viable community than the currently adopted
regulations.
Staff finds the proposed amendments maintain the original purposes for construction
signs by requiring the display of important construction site information for emergency
responders such as the site address, building permit number, emergency contact
information, etc. Staff finds the proposed amendments provide opportunities to
communicate additional construction site information to emergency responders,
neighboring property owners, and the general public. The Vail Town Code does not
allow real estate sales signs (except temporary open house signs) or off-site adverting.
Temporary site development signs and construction signs are not intended to be de-
facto advertising signs. By continuing to regulate the content of construction signs, Staff
finds the proposed regulations maintain this intent.
Therefore, Staff finds the proposed prescribed regulations amendments comply with 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.
Since the Town’s Billion Dollar Renewal communications program has ended and the
commercial core temporary sign regulations of Ordinance No. 8, Series of 2010, have
expired; the Temporary Site Development Sign provisions of the Town’s sign
regulations are no longer relevant or valid. This is not clear based upon the current
10/16/2012
Town of Vail Page 9
language of the adopted sign regulations. Today, there is again confusion among many
applicants as to which sign regulations are applicable to current construction projects -
“construction sign” or “temporary site development sign” standards. Therefore, the
applicant requests the provisions addressing temporary site development signs be
repealed.
While applicants no longer desire to erect a Billion Dollar Renewal slogan construction
sign, they do prefer the sign content allowances of those temporary site development
signs over the current content allowances for general construction signs.
The applicant is proposing to expand the allowable content for construction signs to
include those items previously allowed on temporary site development signs. Staff finds
the content previously allowed on Billion Dollar Renewal temporary site development
signs was consistent with the applicable elements of the adopted goals, objectives, and
policies outlined in the Vail comprehensive plan and was compatible with the
development objectives of the town. Staff finds that allowing similar content on general
construction signs will continue to be consistent with the Vail Comprehensive Plan and
the town’s development objectives.
The applicant is also proposing to clarify the sign type, design, and landscaping
requirements for construction signs which are not addressed by the current sign
regulations.
Therefore, Staff finds the proposed prescribed regulations amendments comply with this
criterion.
3. The extent to which 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.
As described above, the Billion Dollar Renewal communications program has ended
and the commercial core temporary sign regulations of Ordinance No. 8, Series of 2010,
have expired; the Temporary Site Development Sign provisions of the Town’s sign
regulations are no longer relevant or valid. This is not clear based upon the current
language of the adopted sign regulations. Today, there is again confusion among many
applicants as to which sign regulations are applicable to current construction projects -
“construction sign” or “temporary site development sign” standards. Therefore, the
applicant requests the provisions addressing temporary site development signs be
repealed.
While applicants no longer desire to erect a Billion Dollar Renewal slogan construction
sign, they do prefer the sign content allowances of those temporary site development
signs over the current content allowances for general construction signs. Therefore, the
applicant is proposing to expand the allowable content for construction signs to include
those items previously allowed on temporary site development signs.
10/16/2012
Town of Vail Page 10
Therefore, Staff finds the proposed prescribed regulations amendments comply with 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.
As described above, Staff finds the proposed prescribed regulations amendments are
consistent with the general and specific purposes of the sign regulations and better
implement and achieve the Town’s development objectives than the current regulations.
Therefore, Staff believes the proposed prescribed regulations amendment complies with
this criterion.
5. Such other factors and criteria the PEC and/or Town Council deem applicable
to the proposed text amendment.
VI. STAFF RECOMMENDATION
Should the Planning and Environmental Commission choose to forward a
recommendation of approval of this request to the Vail Town Council; the Community
Development Department recommends the Commission pass the following motion:
“The Planning and Environmental Commission forwards a recommendation of
approval, for prescribed regulation amendments to Title 11, Sign Regulations,
Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations
Amendment, Vail Town Code, to allow for amendments to the construction sign
regulations, and setting forth details in regard thereto.”
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text
amendment, the Community Development Department recommends the Commission
makes the following findings:
“Based upon the review of the criteria outlined in Section V of Staff’s September
24, 2012, memorandum 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 sign
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
10/16/2012
Town of Vail Page 11
and its established character as a resort and residential community of the
highest quality.”
VI. ATTACHMENTS
A. Existing construction sign example
B. Expired temporary site development sign (Billion Dollar Renewal) example
C. Proposed construction sign example
10/16/2012
10/16/2012
10/16/2012
only one name &
business allowed
10/16/2012
Page 1
PLANNING AND ENVIRONMENTAL COMMISSION
September 24, 2012
1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
**Order and times of agenda items are subject to change**
MEMBERS PRESENT MEMBERS ABSENT
Susan Bird Luke Cartin
Pam Hopkins
Michael Kurz
Bill Pierce
Henry Pratt
John Rediker
20 minutes
1. A request for a recommendation to the Vail Town Council on prescribed regulation amendments
to Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed
Regulations Amendment, Vail Town Code, to allow for amendments to the construction sign
regulations, and setting forth details in regard thereto. (PEC120031)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Recommendation of Approval with Modifications
MOTION: Kurz SECOND: Bird VOTE: 6-0-0
CONDITIONS:
1. The applicant shall modify Section 11-7-6a-1 to allow a maximum sign area of 8 square
feet in all residential zone districts. Construction signs in all other zone districts will
continue to be allowed a maximum sign area of 20 square feet.
Bill Gibson made a presentation per the Staff memorandum.
Commissioner Kurz asked about construction sites being required to mitigate large construction
fences. Otherwise he had no concerns about this application.
Bill Gibson stated that Staff would look into potential regulations amendments.
Commissioner Bird asked about projects that currently advertise multiple sub-contractors.
Bill Gibson responded that these signs are illegal and are addressed by the Town’s Code
Enforcement. He added that allowing website information on construction signs would help
direct people to information about the various subcontractors involved in the project.
Commissioner Bird supported allowing website information on construction signs.
Commissioner Pratt stated that the examples provided show two ends of the spectrum and he is
concerned about scale. He said the former billion dollar renewal signs may be appropriate for
big construction projects. But for small projects, advertisements through realtor information and
renderings are not appropriate. He does not support a realtor being the emergency contact
name on the sign.
10/16/2012
Page 2
Commissioner Hopkins did not have any comment.
Commissioner Rediker asked the original purpose for the signs and how to address the
distinction between site information and advertising. He also noted concerns about balancing
ease of implementation with one set of regulations with different regulations for different sized
construction projects.
Commissioner Kurz asked if a condition should be placed to restrict advertising.
Commissioner Hopkins stated that there are a number of construction signs currently in East
Vail. She believes the renderings help the neighborhood understand what the project will look
like.
Commissioner Kurz stated the signs could help people get excited about the project.
Commissioner Pratt stated that instead of a rendering, perhaps the business logos of extra
project partners could be on the sign.
Commissioner Pierce stated it should include realtors, architects and contractor. He added the
sign only needs to be 8 square feet in size instead of 20 square feet.
Commissioner Hopkins stated the signs should only be 6 square feet like other signs.
Commissioner Bird added she likes having a rendering allowed on the signs.
Commissioner Pierce recommended reducing the allowable size of construction signs.
Commissioner Hopkins stated 8 square feet would be good in residential zone districts and 20
square feet could remain in commercial zone districts.
Commissioner Kurz agreed with Commissioner Hopkins.
45 minutes
2. A request for a recommendation to the Vail Town Council for a prescribed regulations
amendment, pursuant to 12-3-7, Amendment, Vail Town Code, to allow for amendments to Title
12, Zoning Regulations, to amend the development review process, and setting forth details in
regard thereto. (PEC120010)
Applicant: Town of Vail
Planner: Rachel Dimond
ACTION: Tabled to October 8, 2012
MOTION: Kurz SECOND: Rediker VOTE: 6-0-0
Rachel Dimond made a presentation per the Staff memorandum.
Commissioner Kurz noted concern about construction projects that affect roofs that change
building height changes, snow shedding, etc.
Commissioner Rediker asked for clarification about how off-site impacts are determined. He
noted support for reducing fees and creating savings for developers and property owners.
However, he is concerned about reducing fees below the costs of administering the regulations.
Commissioner Rediker recommended clarifying the intent of the proposed text related to its
applicability to avoid future confusion and legal challenges. He asked if important elements of
10/16/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 16, 2012
ITEM/TOPIC: Ordinance No. 15, Series of 2012, An Ordinance Amending Title 7, Vail Town
Code by the Addition of Chapter 10 Regarding Commercial Transportation Regulations; and
Setting Forth Details in Regard Thereto.
PRESENTER(S): Dwight Henninger
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Ordinance No.15, Series of 2012, on first reading.
BACKGROUND: At the July 17, 2012 Council meeting direction was given on managing the
transportation organizations in town. Staff is presenting this ordinance and management plan
to put in action Council's direction.
STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance
No. 15, Series of 2012, on first reading.
ATTACHMENTS:
Transportation Memo
Ordinance No. 15, Series of 2012
Passanger Transporation Management Map
10/16/2012
To: Vail Town Council
From: Dwight Henninger, Chief of Police
Date: October 10, 2012
Subject: Passenger Transportation Management
I. SUMMARY
After thorough discussion, Council gave staff direction at its July 17, 2012 meeting
regarding effective management of public passenger transportation companies in the
Town. This memorandum and attached ordinance address specific priorities of the
Council.
II. DISCUSSION
The Police and Public Works Departments have collaborated to improve skier drop-off
areas and develop a compromise plan to address concerns voiced by Council. This
collaboration helps the Town find the right balance in managing areas congested by
skier/boarder drop offs and pick ups.
An ordinance, GHYHORSHGIRU&RXQFLO¶VFRQVLGHUDWLRQ, is based on rules and regulations
at the Eagle County Airport. To reduce potential for confusion and conflicts, it seems
logical to use similar rules to manage the same transportation companies servicing both
the Town of Vail and the Eagle County Airport. Th HFRQVHTXHQFHVIRUYLRODWLQJ9DLO¶s
ordinance are more lenient than consequences incurred for violating the ordinance
enforced by the Airport. Nonetheless, they retain the same civil penalty enforcement
stance.
The ordinance authorizes the Town to implement a permitting system capable of
tracking the permitted number of shuttles, luxury limousines, taxis and buses. It is
recommended vehicle permit fees be set at $50 per year to cover partial costs of
enforcement, permitting system software and vehicle permit stickers.
The ordinance empowers the Town Manager to limit the pick-up, drop-off and staging
areas for transportation companies and oversized transportation vehicles.
10/16/2012
Town of Vail Page 2
Enforcement
Enforcement of this new ordinance will be carried out by Peace Officers, Code
Enforcement Officers and Supervisors from the Parking and Transportation
Departments. Town staff will be augmented as needed by private security companies
to provide education, enforcement and traffic control as needed at the following
locations:
x Hanson Ranch Road Access is proposed for courtesy cars, taxis, luxury
limousines, and van-sized hotel/motel shuttles. Because these vehicles
would not be allowed to stop in the middle of the street, they would use the 5
minute parking area. Vehicles with seating for 16 passengers or greater
would be prohibited on Hanson Ranch Road. This regulation would be
signed at the entrance to Hanson Ranch Road.
x Golden Peak and Vail Valley Drive Regulations would remain in place as
they currently are working. Officers will continue to work with the Vail Resorts
staff to ensure optimum traffic flow in the area.
x East Lionshead Circle Courtesy cars, taxis, luxury limousines, and vans
would use skier drop off parking on the first floor of the Lionshead Parking
Structure. A new entrance gate allows vehicles entry to the main parking
garage and options to either park or exit via the top deck booths. Oversized
vans would use the top deck of the Lionshead Parking Structure, which would
place their passengers close to the elevator in the new Welcome Center and
easy access to the street level. Oversized hotel/motel shuttles would use the
area on the north side of East Lionshead Circle east of the Welcome Center.
x See the table below for all locations and allowed vehicle types.
Vehicle Type & Permitted Locations Matrix
16 Passenger
Rated Courtesy Private Taxis &
Location
Shuttl
es Vans or Less Cars Cars Limos
Cascade Yes Yes Yes Yes Yes
Concert Hall Plaza No Yes Yes Yes Yes
LH Parking Structure Top
Level No Yes Yes Yes Yes
LHWC Yes No No No No
LHWC-Skier Drop Off No Yes < 7' Height
Yes < 7'
Height
Yes < 7'
Height
Yes < 7'
Height
VTRC-Info Center Yes No No No Yes
VTRC-Skier Drop Off No Yes Yes Yes Yes
Vail Mountain Haus No No No No No
10/16/2012
10/16/2012
Ordinance No. 15, Series of 2012
ORDINANCE NO. 15
SERIES OF 2012
AN ORDINANCE AMENDING TITLE 7, VAIL TOWN CODE BY THE ADDITION OF
CHAPTER 10 REGARDING COMMERCIAL TRANSPORTATION REGULATIONS;
AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the Council finds that hindering transportation within the Town is of
public concern and efficient police regulation of such a crime would preserve the
general welfare of the citizens and guests of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT;
Section 1. Title 7 is hereby amended by the addition of Chapter 10, COMMERCIAL
TRANSPORTATION REGULATIONS to read as follows:
Chapter 10
COMMERCIAL TRANSPORTATION REGULATIONS
7-10-1: PURPOSE:
The purpose of this Chapter is to protect the safety of pedestrians and motorists in the
Town by reducing congestion in skier drop-off locations and monitoring the significant
increase in hotel and motel shuttles.
7-10-2: DEFINITIONS:
10/16/2012
Ordinance No. 15, Series of 2012
AUTOMATED VEHICLE IDENTIFICATION TRANSPONDER (AVI): A transponder
issued by the Town to each motor vehicle in a Commercial Operator's fleet, which
allows the Town to record the timing of and the number of trips made by each motor
vehicle through the Town.
BUS OPERATORS: Commercial Operators engaged in the business of providing
passenger transportation in motor vehicles having a capacity of twenty-six (26) or more
persons, or as otherwise defined by the Colorado Public Utilities Commission, except
for Commercial Operators regulated by the federal government, such as Greyhound.
COMMERCIAL OPERATOR: A person or entity operating motor vehicles upon Town
roadways in connection with any activity involving passenger transportation for a profit,
regardless of whether operating as an employee or independent contractor, or whether
operating under a company name, including without limitation Bus Operators, Hotel and
Motel Operators, Luxury Limousine Operators and taxis; but excluding universities, non-
profit organizations, hospitals, ambulance services, or governmental units (including
local, state and federal agencies), construction and maintenance contractors, suppliers
and service providers not primarily engaged in passenger transportation, and mail
delivery systems such as Federal Express, United Parcel Service and the U.S. Post
Office. For purposes of this Chapter, transportation companies with common ownership
or common control, or those acting on behalf of or in concert with another company, will
be treated as one Commercial Operator.
CRUISING: Operation of a motor vehicle upon Town roadways or facilities by a
Commercial Operator for the purposes of soliciting or attempting to solicit passengers in
any location other then in the loading or staging areas specifically authorized for such
use in these regulations.
DWELL TIME: The period of time during which a motor vehicle remains upon areas
specifically authorized for loading or staging.
TRANSPORTATION YEAR: November 1 through October 31 of the following year.
HOTEL AND MOTEL OPERATORS: Commercial Operators engaged in the business
of providing temporary or short-term lodging and associated services to the public and
transporting passengers to facilities used for temporary or short-term lodging.
10/16/2012
Ordinance No. 15, Series of 2012
INFREQUENT USER: A Commercial Operator that does not transport passengers to
and from the Town more than two (2) days during a Transportation Year.
LOADING AND UNLOADING AREAS: Those areas authorized for passenger loading
and unloading as shown on a map on file with the Town Manager and available for
inspection during regular business hours.
LUXURY LIMOUSINE OPERATORS: Commercial Operators engaged in the business
of providing charter transportation to the public in vehicles with a manufacturer’s rated
maximum capacity of six (6) to twelve (12) persons including the driver, or as defined by
the Colorado Public Utilities Commission.
OVERSIZED VEHICLE: A vehicle that has a seating capacity for sixteen (16) or more
including the driver, but less than twenty-six (26) seats.
REPLACEMENT VEHICLE: A vehicle intended by a Commercial Operator to replace a
vehicle that had been registered for that Transportation Year, but was subsequently
destroyed or sold.
7-10-3: PERMIT REQUIRED:
A. Every Commercial Operator other than an Infrequent User shall register with the
Town and obtain a permit at least thirty (30) days prior to each Transportation Year.
The Town shall issue a permit to the vehicles of any Commercial Operator who agrees
to continuously satisfy the terms and conditions of this Chapter.
B. Each application for a permit under this Chapter shall be accompanied by a
permit fee, which shall be established each year in an amount determined by the Town
Manager.
C. Each permit shall be individually numbered.
D. The permit shall be permanently affixed to the vehicle front windshield on the
lower passenger’s side window for each permit and visible to the public.
E. If a permit is damaged, a new permit will be issued only when the remains of the
damaged permit are filed with the Town.
10/16/2012
Ordinance No. 15, Series of 2012
7-10-4: DOCUMENTS REQUIRED:
Commercial Operators requiring authorization by or registration with the Colorado
Public Utilities Commission or the federal government shall submit to the Town current
copies of such authorizations, registrations and tariffs issued to the Commercial
Operator by those agencies.
7-10-5: INSURANCE:
A. Policies: Commercial Operators shall submit certificates of insurance in a form
acceptable to the Town with the following coverages: comprehensive general liability
insurance policy with limits of not less than $150,000 for any one person injured in any
one accident and $600,000 for injury to two or more persons in a single occurrence;
motor vehicle insurance in such minimum amounts as required by the Colorado Public
Utilities Commission; and the statutory required workers’ compensation insurance
coverages on all employees.
B. Additional Insured: The Town shall be named as an additional insured on the
general liability and motor vehicle liability policies.
C. Certificates: The Commercial Operator shall furnish certificates to the Town prior
to commencing operations evidencing that the insurance is in full force and effect during
the term of the operating privilege and that the Town shall be notified by the insurers, in
writing, at least ten (10) days prior to any cancellation of the policy.
7-10-6: INDEMNIFICATION:
By registering with the Town, each Commercial Operator agrees to indemnify, defend,
and save the Town and its respective agents, officers, and representatives and
employees harmless from and against any and all judgments, penalties, liability or loss,
including costs and reasonable attorney fees resulting from claims or court actions,
whether civil, criminal or in equity, arising directly or indirectly out of acts of the
Commercial Operator, its agents, employees or servants, or through any injury or
casualty occurring in the Town as a result of said loss.
7-10-7: CONDUCT:
10/16/2012
Ordinance No. 15, Series of 2012
Commercial Operators shall abide by the following rules of conduct:
A. Demeanor: Commercial Operators shall be courteous to the public and to other
Commercial Operators and their employees. The Commercial Operator’s employees
shall be clean, efficient and neat in appearance. Commercial Operators shall not allow
employees in public to use improper language or to act in a loud or boisterous or
otherwise improper manner. Commercial Operators shall not engage in open, notorious
and public disputes, disagreements or conflicts tending to deteriorate the quality of
passenger transportation services of Commercial Operators or their competitors or
incompatible with the best interests of customer service in the Town.
B. Deception: It shall be a violation of this ordinance for a Commercial Operator to
deceive or attempt to deceive the public through false representations concerning its
prices or services or those of any other passenger transportation provider.
C. Obedience to Signs: Commercial Operators shall obey all posted regulatory
signs in the Town.
D. Unattended Vehicles: It is unlawful for any Commercial Operator to leave a
motor vehicle unattended upon Town streets or facilities. A motor vehicles left without a
driver or that causes an obstruction of traffic may be immediately towed at the
Commercial Operator’s expense. In addition, the Town shall have the authority to
require a Commercial Operator to move its motor vehicle for efficient traffic movement
or pedestrian safety.
E. Passenger Loading, Pick-up and Drop-off: The Town may designate specific
pick-up and drop-off locations on Town facilities such as the Village Transportation
Center and Lionshead Parking Structure. The Town may restrict waiting, parking of
Commercial Operator’s vehicles, pick-up and drop-off locations on Town streets. These
areas will be in a map maintained on file in the office of the Town Manager and
available for inspection during regular business hours.
F. Cruising: It is unlawful for Commercial Operators to engage in cruising.
G. Double Parking: Double parking of motor vehicles by Commercial Operators on
Town roadways is prohibited.
H. Vehicle Idle Time: Commercial Operators are encourage to turn off their vehicles
during dwell time. If it is not practicable to turn off a vehicle due to extreme cold,
10/16/2012
Ordinance No. 15, Series of 2012
Commercial Operators are encouraged to limit any vehicle idling time to fifteen minutes
or less.
I. Oversized Vehicles: To ensure efficient traffic movement and protect pedestrian
safety, the Town may restrict oversized vehicles from certain areas of the Town, and
such restrictions shall be indicated by appropriate signage.
7-10-8: AVI TRANSPONDERS:
A. The Chief of Police may, at any time after the effective date of the ordinance
codified in this Chapter, determine that each vehicle in every Commercial Operator's
fleet should be equipped with an AVI Transponder. If such a determination is made, the
Town shall provide written notice to all permitted Commercial Operators that an AVI
Transponder will be required by a date certain, not less than thirty (30) days following
the date of the notice.
B. An AVI Transponder may be purchased from the Town for a fee established by
the Town Manager.
C. The Commercial Operator is responsible for the care, maintenance, and upkeep
of each of its AVI Transponders.
D. Except as otherwise permitted, an AVI Transponder shall remain affixed to the
vehicle to which it is assigned. An AVI Transponder may only be transferred to a
Replacement Vehicle upon written approval of and reassigned by the Town. An AVI
Transponder shall not be transferred between or among vehicles within the fleet of a
Commercial Operator and the use by a Commercial Operator of an AVI Transponder
issued to a different Commercial Operator is strictly prohibited.
E. The Town may deactivate an AVI Transponder in the event of misuse.
7-10-9: VIOLATION; PENALTY.
A. First Violation: A first violation of this Chapter shall result in the issuance of a
Warning Notice to the Commercial Operator. The Warning Notice may be delivered by
hand delivery, via facsimile, or forwarded by regular mail to the Commercial Operator
and the registered owner of the transportation company.
10/16/2012
Ordinance No. 15, Series of 2012
B. Second Violation: Upon a second violation during a Transportation Year, the
Commercial Operator will receive a Warning Notice in the same manner as described in
subsection A hereof.
C. Third Violation: Upon a third violation during a Transportation Year, a
Commercial Operator’s operating privileges in the Town shall be suspended for a period
of seven (7) days. The Town shall give the Commercial Operator five (5) days prior
written notice of the effective date for the suspension of said privileges. Failure to
comply with the terms of the suspension shall be cause for issuance of an additional
violation and revocation of operating privileges for a period of one (1) year.
D. Revocation: Upon a fourth violation during a Transportation Year, the operating
privileges of a Commercial Operator shall be revoked for a period of one (1) year.
Commercial Operators whose operating privileges have been revoked shall be denied
access to Town roadways. A Commercial Operator whose operating privileges have
been revoked for other than willful violations of this Chapter may request a meeting with
the Town Manager to demonstrate that such Commercial Operator has remedied or is
making a good faith attempt to remedy its failure to satisfy the requirements of this
Chapter. The Town Manager or designee may reverse the revocation and reinstate the
permit if good cause is shown for reinstatement.
E. Emergency Suspension: Notwithstanding any other provision herein, the Town
Manager or designee may summarily suspend, without prior notice, the operating
privileges of a Commercial Operator, if the Town Manager or designee has reasonable
grounds to believe that the public health, safety or welfare requires such emergency
suspension.
F. Additional Penalties. Violations of this Chapter shall also be subject to the
penalties contained in Chapter 4 of Title 1 of this Code. The imposition of any one
penalty contained in this Section shall not preclude the imposition of any other penalty
allowed by law.
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
10/16/2012
Ordinance No. 15, Series of 2012
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 amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
Section 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.
Section 5. The 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of October, 2012, and
a public hearing for second reading of this Ordinance set for the 6th day of November,
2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_______________________
Andrew P. Daly, Town Mayor
ATTEST:
__________________________
Lorelei Donaldson, Town Clerk
10/16/2012
Solaris
Lodge
at Vail
Manor Vail
Golden Peak
The Wren
Mountain Haus
Talisman
All
Seasons
Row Houses
Austria
Haus
Red Lion
One
Willow
Bridge
Vail Trails
Chalets
Lodge Tower
The Willows
illage
ondos
Vorlaufer
Christiania
Tyrolean
Edelweiss
Tivoli Lodge
Vail
Mountain
Plaza
Covered
Bridge/
Pepi's
Sitzmark
Lodge
Village Inn
Plaza (VIP)
Village Core Condos
Rams
Horn
Riverhouse
Vail Mountain Lodge /
VAC
Plaza
Lodge
Mountain View
Condos
Galatyn
Lodge
Apollo Park
One Vail Place
Creek-
side
LazierArcade
Riva Ridge
South
A&D Bldg.
Texas Townhomes
Villa
Valhalla
Riva Ridge
North
ark
Bell
Tower Gorsuch/
Clock Tower
Bridge
Street
Lodge
Rucksack
Bus Terminal
Vail
Mountain
Club
w
Village Center Condos
Vista
Bahn
Building
Chalets at the Lodge at Vail
Gallery
Building
Christiania Residences
Hill Building
Mill Creek
Court
Summers
Lodge
Gore CreekPlaza
Bridge Street Condos
Information
Hong KongCafeBldg
CheckpointCharlie
Xcel
Vail Trails
East
Founders
Park
Manor Vail
Vail
Townhouse
Condos
F
Vista
Bahn
Vans, Courtesy Cars & Limos
Shuttles & Oversized LimosTaxis
No Transportation Companies
Unless for Mountain Haus
Vans, Courtesy Cars, Taxis & Limos
(no oversized vehicles)
Vans, Courtesy Cars, Taxis & Limos Buses & Shuttles
This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only.
The Town of Vail does not warrant the accuracy of the information contained herein.
(where shown, parcel line work is approximate)
October 10, 2012
Passenger Transportation ManagementPassenger Transportation Management
Arrabelle
Landmark
Vail 21
First Chair
Libr
Vantage Point
Montaneros
Do
Westwind
Lionshead Centre
Enzian
Lift House
Tree Tops
Lion Square Lodge
North
Lodge at Lionshead
ad
Lionshead
Arcade PH III
West
Lionshead
Plaza
Chair
Lionshead
Inn Annex Vail Lionshead
(Swedish Cabin)
Ticket
Office
Restrooms
PH IIPH I
Lionshead
Transit Center
Skier
Drop-Off Charter
Bus LotLionshead
Parking
Structure
70
Town of Vail
Buses Only
Oversized Shuttle Loading
Oversized Vans, Courtesy Cars,
Taxis & Limos w/ Roof Racks
Lionshead Skier Drop-Off
- Ground Level (< 7' height) -
Vans, Courtesy Cars, Taxis & Limos
Vans, Courtesy Cars,
Taxis & Limos
10/16/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 16, 2012
ITEM/TOPIC: Resolution No. 31, Series of 2012, a resolution repealing and reenacting the
Town of Vail Employee Housing Strategic Plan.
PRESENTER(S): Nina Timm, Community Development Department
ACTION REQUESTED OF COUNCIL: The Community Development Department requests
the Vail Town Council listen to the Staff presentation, ask questions and provide feedback.
The Community Development Department also requests the Vail Town Council grant a
continuance of Resolution No. 31, Series of 2012, to its November 6, 2012, public hearing for
further deliberation.
BACKGROUND: The Town of Vail adopted its Employe Housing Strategic Plan on
September 2, 2008. Since that time market conditions have changed, additional information is
available and there has been completion of action items from the current plan. Proposed
amendments to the Employee Housing Strategic Plan make it a more current and relevant
guide for decision making.
STAFF RECOMMENDATION: The Community Development Department recommends the
Vail Town Council grant a continuance of Resolution No. 31, Series of 2012, to its November
6, 2012, public hearing for further deliberation.
ATTACHMENTS:
Staff Memorandum
Resolution No. 31, Series of 2012
Attachment A
Economic Indicators
EV of Vails Investment in Employee Housing Final
Chamonix Market Update
Draft Housing Needs Assessment
10/16/2012
To: Vail Town Council
From: Community Development Department
Date: October 16, 2012
Subject: Resolution No. 31, Series of 2012, a resolution amending the Town of Vail
Employee Housing Strategic Plan, and setting forth details in regard thereto.
I. SUMMARY
The applicant, the Town of Vail, is requesting a work session to discuss proposed
amendments to the Town of Vail Employee Housing Strategic Plan (EHSP). The
proposed amendments located in Exhibit A of Resolution No. 31, Series of 2012 have
been attached for review (Attachment A).
On September 25, 2012, the Vail Local Housing Authority forwarded a recommendation
of approval to the Vail Town Council for the proposed amendments.
As this is a work session, the Community Development Department recommends the
Vail Town Council listen to the Staff presentation, asks questions, and provide direction
by answering the following:
• Does the Current Conditions section that has been added to the EHSP contain
all of the information the Town Council would like included? If not, what
additional information should be added?
• Are there additional objectives the Town Council would like added to the EHSP?
• Does the Implementation Matrix for the next three to five year period include the
actions the Town Council would like to complete?
• Are there items the Town Council would like to add to or remove from the
Implementation Matrix?
II. DESCRIPTION OF THE REQUEST
WHY UPDATE THE EMPLOYEE HOUSING STRATEGIC PLAN?
The applicant is proposing amendments to the Employee Housing Strategic Plan at this
time due to the following:
• Real estate market changes
• Economic and housing analysis/data updates
10/16/2012
Town of Vail Page 2
• Policy shifts toward for-sale employee housing development
• Completion of action items from the current plan
WHICH SECTIONS OF THE EMPLOYEE HOUSING STRATEGIC PLAN ARE
PROPOSED TO BE AMENDED?
The applicant is proposing amendments to update the following sections of the
Employee Housing Strategic Plan:
• Background
• Current Conditions
• Threats and Weaknesses, Strengths & Opportunities
• Objectives
• Action Steps
• Implementation Matrix
• Glossary
• Attachments
WHICH SECTIONS OF THE EMPLOYEE HOUSING STRATEGIC PLAN ARE NOT
PROPOSED TO BE AMENDED?
• Purpose
• Planning Time Frame
• Policy Statements
• Roles and Responsibilities
WHAT ARE THE CURRENT OBJECTIVES AND POLICY STATEMENTS OF THE
EMPLOYEE HOUSING STRATEGIC PLAN AND WHAT AMENDMENTS ARE
PROPOSED?
The following is a list of the current objectives of the Employee Housing Strategic Plan.
OBJECTIVES (in part)
A. Provide housing to address needs generated by new development or
redevelopment.
B. Respond to the existing affordable housing shortfall by pursuing a number of
identified programs and development opportunities.
C. Call for any deed-restricted housing that is required as a condition of
development to be constructed at the time new development occurs.
D. Creation and maintenance of housing in Vail for emergency and key service
workers.
10/16/2012
Town of Vail Page 3
E. Actively address affordable housing for Vail workers to ensure that the
community remains competitive in economic terms.
F. Increase and maintain deed-restricted housing within the Town to encourage
the efficient use of resources by placing employees closer to their place of
work.
G. Planning for new employee housing will take jobs and wages into account.
H. Provide and plan for housing along with local and regional public
transportation.
The following is a list of the current policy statements of the Employee Housing
Strategic Plan. The applicant is proposing no changes to the current policy statements.
POLICY STATEMENTS (in part)
The Town of Vail will pursue three broadly described methods to achieve the
Town’s housing goal.
The Town will Impose Regulatory Requirements
• Development will be required to address a portion of its housing demand
within the Town of Vail; and
• New development and redevelopment will be required to address a portion
of its housing demand at the development site.
Development and Acquisition Initiated by the Town
• To address employee housing needs beyond the regulatory requirements
for new development; and
• To respond to the desire to promote a more diverse and vibrant local
community.
Form Regional Partnerships
• These efforts will address employee housing needs beyond the regulatory
requirements by actively seeking partnerships, including:
o Public / Private, and
o Multi Jurisdictional.
ARE THERE ACTION ITEMS THE TOWN COUNCIL WOULD LIKE TO ADD OR
REMOVE FROM THE IMPLEMENTATION MATRIX?
A. Action items for 2013 to 2016 – For Sale Development Focus
a. Chamonix Commons
b. New financing for Timber Ridge Village Apartments
c. Eagle River Water & Sanitation District partnership
10/16/2012
Town of Vail Page 4
i. Snowberry – up to 4 new for-sale units
ii. East Vail – up to 4 new for-sale units
d. Partner with Eagle County
e. 2507 Arosa Drive redevelopment
f. Develop new zoning incentives to incent private sector EHU development
i. Amend the EHU Exchange Program to allow for administrative
approval of proposed exchanges
ii. Allow certain retirees to live in EHUs
iii. Work with private sector to develop additional incentives
B. Action Items for 2017 to 2022 – to be updated as needed
a. Gore Range Condo redevelopment
b. Timber Ridge Redevelopment
c. Evaluate Town owned properties for development opportunity (i.e., parking
structures, etc.)
d. Buy Downs
e. Partner with Vail Resorts to develop EHUs
f. Partner with Cascade Resort to develop EHUs
C. Action Items for 2023 and Beyond – to be updated as needed
a. Partner with Sonnenalp Resort to develop additional EHUs
b. When Red Sandstone Elementary redevelops add EHUs
c. Building second building at Buzzard Park – Town Shops
d. Acquire underdeveloped properties for redevelopment
e. Partner with Vail Valley Medical Center to develop EHUs
III. BACKGROUND
The Town of Vail Employee Housing Strategic Plan was established on September 2,
2008 through the Town Council’s adoption of Resolution No. 20, Series of 2008.
On August 21, 2012, the Vail Town Council held a work session to discuss the
proposed amendments to the Employee Housing Strategic Plan.
The Vail Local Housing Authority had discussed these proposed amendments to the
Employee Housing Strategic Plan at its August 23, August 28, September 6, and
September 25, 2012, public meetings. On September 25, 2012, the Vail Local Housing
Authority forwarded a recommendation of approval to the Vail Town Council for the
proposed amendments.
Since the Town adopted the Plan in 2008 market conditions have changed throughout
Eagle County. The proposed Implementation Matrix does not ask the business
community or new development to take any new or additional actions to provide
employee housing. Proposed action items for the next five-year period focus on
developing new for-sale housing units rather than rental units. Today, 90% of current
EHUs are renter-occupied and focusing on for-sale units will provide a greater diversity
in housing opportunities and residents.
10/16/2012
Town of Vail Page 5
The Plan indicates a planning time frame of five to ten years and acknowledges the
Implementation Matrix should be updated more frequently. The proposed
Implementation Matrix provides action steps for the Town of Vail to take to help achieve
the goal of ensuring 3 out of 10 employees a housing unit in Vail.
Today, commercial linkage and inclusionary zoning are designed to conjunctively
ensure there is deed restricted employee housing for at least 30% of new employees
generated by new development and redevelopment. The regulatory requirements
provide multiple methods of mitigation and do not require employee housing be
provided for a specific type of wage earners. The goal is for development to provide the
type(s) of employee housing most suited to the needs of that development’s future
employees.
Catch Up is a portion of the Town’s goal that is exclusively within the purview and
control of the Town of Vail. Based on the Town’s goal and existing deed restricted
properties in Vail, the deed restricted employee housing unit gap is currently 677 beds.
With an average occupancy of 2.04 people per unit, the 677 bed gap equates to 332
new deed restricted employee housing units (EHU). Today there are 725 deed
restricted EHUs in Vail.
EHUs are an effective means to continue to increase the total number of full-time
households living in the Town of Vail. Full-time households are the cornerstone to Vail
remaining a vibrant resort community. There are successful resorts that do not have
communities and Vail has chosen to be the premier international resort community!
BBC Research & Consulting completed a study in Vail quantifying the Economic Value
of the Town of Vail’s Investment in Employee Housing, dated March 29, 2012. The
study enumerated the economic benefits as well as benefits that go beyond direct
economics of having EHUs in Vail. Including:
• Improved guest experience – the most basic product sold by Vail;
• Better positioning against other resorts competing for a quality workforce;
• Reduction in the seasonality of local businesses;
• Increased vitality, diversity and “real town” authenticity for the town;
• Increased community participation (volunteers, board members, etc.); and
• Enhanced ability for younger workers to stay in Vail and grow into higher-level
employment and community leadership positions.
• Opportunities for families to remain in Vail and raise a generation of new Vail
residents, support local schools and create a critical mass of residents, which
would all be jeopardized without the Town’s support of deed-restricted for-sale
housing in addition to rental units.
Today, 64% of Vail’s dwelling units are partially occupied or vacant. Based on existing
trends, over time the percentage of partially occupied or vacant dwelling units is likely to
increase. Having a critical mass of homeowners live in a community:
10/16/2012
Town of Vail Page 6
• gives residents a greater stake in the community,
• increases the number and diversity of businesses in neighborhoods, and
• stimulates economic investment.
This furthers the Town Council’s Key Goals to:
1) Improve economic vitality,
2) Grow a balanced community,
3) Improve the quality of the experience, and
4) Develop future leadership.
IV. ACTION REQUESTED OF THE COUNCIL
As this is a work session, the Community Development Department recommends the
Vail Town Council listen to the Staff presentation, asks questions, and provides
direction on how to proceed with amendments to the Employee Housing Strategic Plan
by answering the following:
1. Does the Current Conditions section that has been added to the EHSP
contain all of the information the Town Council would like included? If not,
what additional information should be added?
2. Are there additional Objectives the Town Council would like added to the
EHSP?
3. Does the Implementation Matrix for the next three to five year period
include the actions the Town Council would like to complete?
4. Are there items the Town Council would like to add to or remove from the
Implementation Matrix?
V. RECOMMENDATION
The Community Development Department recommends the Vail Town Council grants a
continuance of Resolution 31, Series of 2012, to its November 6, 2012, public hearing
for further deliberation.
VI. ATTACHMENTS
A. Resolution No. 31, Series of 2012, a resolution amending the Town of Vail
Employee Housing Strategic Plan with Attachment A (Employee Housing Strategic
Plan)
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1
Resolution No. 31, Series of 2012
RESOLUTION NO. 31
Series of 2012
A RESOLUTION REPEALING AND REENACTING THE TOWN OF VAIL EMPLOYEE
HOUSING STRATEGIC PLAN; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter"); and
WHEREAS, the Town has determined that no less than thirty percent
(30%) of Vail's workforce should be provided deed restricted employee housing within
the Town limits; and
WHEREAS, the Council has determined that in order to achieve the established
goal it is critical to create an employee housing strategic plan establishing and
clarifying the objectives and action steps essential to achieve the stated goal; and
WHEREAS, the Vail Local Housing Authority and Council developed the
Employee Housing Strategic Plan over a period of six months that outlines the goal,
objectives and action steps; and
WHEREAS, the Vail Economic Advisory Committee provided input and direction
on the Employee Housing Strategic Plan at their May 13, 2008, and June 10, 2008,
meetings; and
WHEREAS, the Planning and Environmental Commission provided input and
direction on the Employee Housing Strategic Plan at their August 25, 2008, Public
Hearing; and
WHEREAS, the Council supports the implementation of the Vail Employee
Housing Strategic Plan; and
WHEREAS, the Employee Housing Strategic Plan will direct policy and budget
decisions in order to achieve the community's stated goal; and
WHEREAS, it is the intention of the Council and the Housing Authority to
implement the Employee Housing Strategic Plan over the next three years; and
WHEREAS, market conditions have changed since the Employee Housing
Strategic Plan was adopted, additional information now exists about housing in Vail and
Eagle County, and certain action items from the current plan have been completed; and
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2
Resolution No. 31, Series of 2012
WHEREAS, the Vail Local Housing Authority discussed proposed amendments
to the Employee Housing Strategic Plan at their August 23, August 28, September 6
and forwarded a recommendation of approval at their September 25, 2012, public
meetings; and
WHEREAS, the Vail Town Council finds and determines that the amendments
are 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
WHEREAS, the Vail Town Council finds and determines that the amendment to
the Town of Vail Employee Housing Strategic Plan furthers the general and specific
purposes of the plan; and
WHEREAS, the Vail Town Council finds and determines that the amendments
promote the health, safety, morals, and general welfare of the town and promote the
coordinated and harmonious development of the town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
The Town Council repeals and reenacts the Town of Vail Employee Housing
Strategic Plan, dated November 6, 2012, attached hereto as Exhibit A.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Vail held this 6th day of November, 2012.
__________________
Andrew P. Daly, Mayor
ATTEST:
_________________________
Lorelei Donaldson, Town Clerk
10/16/2012
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To ensure there is deed restricted housing
for at least 30% of Vail’s workforce within
the Town of Vail
10/16/2012
10/16/2012
In recognition of the commitment to ensure deed-restricted housing
options for at least 30% of Vail’s workforce within the Town of Vail
Vail Town Council Vail Local Housing Authority
Andy Daly, Mayor Steve Lindstrom, Chair
Ludwig Kurz, Mayor Pro-Tem Scott Ashburn
Kerry Donovan Mary McDougall
Kevin Foley Kim Newbury
Greg Moffet John Rediker
Margaret Rogers
Susie Tjossem
Town of Vail Community Development Department
George Ruther, Director
Nina Timm, Housing Coordinator
10/16/2012
Table of Contents
Background 1
Purpose
Current Conditions
Time Frame
Threats, Weaknesses, Strengths & Opportunities
Objectives
Policy Statements
Action Steps
Implementation Matrix
Roles and Responsibilities
Appendix
New text in bold italics.
Text to be deleted has a strikethrough.
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1 Employee Housing
Strategic Plan
TOWN OF VAIL
EMPLOYEE HOUSING
STRATEGIC PLAN
BACKGROUND
In 2006, through the Vail 20/20 Focus on the Future process the community established
a housing goal. It is as follows:
“The Town of Vail recognizes the need for housing as
infrastructure that promotes community, reduces transit needs
and keeps more employees living in the town, and will provide
enough deed-restricted housing for at least 30 percent of the
workforce through policies, regulations and publicly initiated
development.”
Based upon the community’s work, the Vail Town Council has confirmed the Town of
Vail recognizes deed restricted employee housing as basic infrastructure. This type of
housing allows employees to live within the town, promoting community, and improving
the quality of our local workforce, thereby supporting the local economy, and reducing
regional transit needs. The Employee Housing Strategic Plan seeks to meet the
expectations established by the community and confirmed by the Town Council and
provide enough deed-restricted housing for at least 30 percent of the community’s
workforce to live in the Town of Vail through a variety of policies, regulations and
publicly initiated development projects.
The Town of Vail adopted its Employee Housing Strategic Plan in September,
2008, at the height of the global real estate market boom. As market conditions
have changed throughout Eagle County and numerous action items from the
Employee Housing Strategic Plan (EHSP) have been completed the Town of Vail
is amending the Implementation Matrix and is adding new information to the
EHSP to ensure the EHSP continues to achieve the Town’s employee housing
goal that was established in 2006 and adopted in 2008 as part of the Employee
Housing Strategic Plan.
In Vail today, approximately 90% of existing deed restricted employee housing
units (EHU) in Vail are renter occupied. Based on the Vail Town Council’s
adopted goals of:
improve economic vitality,
grow a balanced community,
improve the quality of the experience, and
10/16/2012
2 Employee Housing
Strategic Plan
develop future leadership
and that having a critical mass of homeowners live in a community:
gives residents a greater stake in the community,
increases the number and diversity of businesses in neighborhoods, and
stimulates economic investment
amendments to the EHSP and specifically the Implementation Matrix will focus, at
least in the next five-years, on developing new for-sale EHUs with the goal of
achieving the community’s stated goal of providing enough deed-restricted
housing for at least 30% of the workforce through policies, regulations and
publicly initiated development. Achieving the goal is critical for Vail’s long-term
success as a resort community. It is also recognized that housing needs follow
economic growth and recession cycles. Successful implementation of the EHSP
will provide 3 out of every 10 employees an EHU in Vail and the remaining 7 out of
10 employees will rely on the private sector for their housing.
PURPOSE
The EHSP is a decision-making guide for the implementation of employee occupied
housing programs.
The EHSP documents the Town’s current approaches to ensuring employee housing. It
identifies the goal, outlines methods and defines action steps the Town will pursue. In
addition, the Appendices provide background information on Town housing definitions,
policies, and initiatives. The appendices also include relevant reports to support EHU
development and policy decisions in Vail. This information is provided as an additional
resource. The EHSP also recognizes and affirms the importance of Vail constantly
serving as a regional partner in the provision of employee housing.
The EHSP is meant to lead the actions of Staff, the Vail Local Housing Authority and the
Vail Town Council in future decisions regarding funding and development of employee
housing in Vail.
CURRENT CONDITIONS
Dwelling Units
As of 2010 there are approximately 7,230 dwelling units in the Town of Vail, this is
an almost seventy percent (70%) increase in the number of dwelling units than
existed in 1980. From 1980 to 2010, Vail’s population increased nearly forty three
percent (43%). Vail has always been and continues to be a highly desirable
10/16/2012
3 Employee Housing
Strategic Plan
location to own a vacation home and this is clearly evident based on the increase
in the number of dwelling units at nearly twice the pace the number of full-time
residents has increased. According to the 2010 US Census sixty four percent
(64%) of Vail’s dwelling units are partially occupied or vacant.
Town of Vail 1980 1990 2000 2010
Dwelling Units 5029 6167 5389* 7230
Number of EHUs 198 205 389 725
% EHUs 3.9% 3.3% 7.2% 10%
Number of Households 1680 2165 2604
Vail’s Population 2261 3659 4531 5305
% Population Increased 62% 24% 17%
(Source: 1980, 1990, 2000 & 2010 US Census and Town of Vail Community Development Dept)
*As reported in the 2000 US Census
Since the Town adopted its EHSP there is been highest median price per square
foot for Vail real estate in its history. Following 2008, there was a significant
decrease in the median price per square foot for real estate and since then it
appears to be more level. The spike in 2010 is likely related to unit sales at
Solaris that went under contract in 2007/2008.
(Source: Eagle County Assessor’s Office)
The major redevelopment that Vail experienced from 2004 to 2012 also more than
doubled (229% increase)from 376 existing dwelling units to 1,238 dwelling units
today in Vail Village and Lionshead associated with 33 major projects. During
this same period of time, the number of EHUs associated with 33 of the major
redevelopment projects increased from 95 EHUs to 164 EHUs (72% increase).
$0
$100
$200
$300
$400
$500
$600
$700
$800
$900
20072008200920102011
$596
$897
$503
$596
$460
Vail's Median Price Per Square Foot
10/16/2012
4 Employee Housing
Strategic Plan
(Source: Town of Vail Community Development Department)
There are 2,604 full-time occupied dwelling units in the Town of Vail. 725 of the
2,604 full-time occupied dwelling units in Vail are EHUs. As evidenced by the
data, EHUs are an effective means to continue to increase the total number of full-
time households living in Vail. Full-time households are the cornerstone to Vail
remaining a vibrant resort community.
(Source: Town of Vail Community Development Department)
Existing EHUs breakdown as follows:
Timber Ridge Village Apartments 198 Units Rental, Seasonal
Middle Creek Apartments 142 Units Rental, Affordable
376
95 46
546
862
69 105
100
0
200
400
600
800
1000
1200
1400
Dwelling UnitsEmployee
Housing Units
Fractional Fee
Units
Accommodation
Units
Development Statistics for 33 Major
Redevelopment Projects
Net New 2004-2012
Prior to Redevelopment
in 2004
0
198 205
389
725
0
200
400
600
800
19701980199020002010
Deed Restricted EHUs
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5 Employee Housing
Strategic Plan
Required Mitigation 132 Units Rental, Seasonal
Privately Owned Units 127 Units Rental
Owner-Occupied, Price Capped Units 81 Units For-Sale, Affordable
Town of Vail Owned Units 45 Units Rental, Seasonal
The affordability of existing EHUs generally breakdown as follows:
Timber Ridge Village Apartments 60% of Area Median Income
Middle Creek Apartments 60% of Area Median Income
Owner-Occupied, Price Capped Units
• 53 units at Vail Commons 80% 2-Person Area Median Income
• 18 units at Red Sandstone Creek 100% 2-Person Area Median Income
• 6 units at North Trail Townhomes 110% 2-Person Area Median Income
• 2 units at Arosa Duplex 140% 2-Person Area Median Income
• 2 Buy Down Units 100% 2-Person Area Median Income
Town of Vail Owned Units 60% of Area Median Income (average)
(Source: Town of Vail Community Development Department)
Jobs and Wages
• According to the 2000 and 2010 US Census, Vail had a 43% or a 506
household decrease in the number of households earning $50,000 to
$200,000 annually (likely local wage earners) from 2000 to 2010.
• During the same time period Eagle County had a 25% or 2,206 household
increase in the number of households earning between $50,000 and
$200,000 annually.
$0$200,000$400,000
Vail Commons 3-Bedroom
Red Sandstone 3- Bedroom
North Trail 3-Bedroom
Arosa Duplex 3-Bedroom
$245,000
$285,000
$295,000
$425,000
2012 Average 3-Bedroom Max
Sale Price -Appreciation Capped
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6 Employee Housing
Strategic Plan
2000 HH Income Ranges in 2010 $ 2000 2010 2010 HH Income Ranges in 2010 $
$12,500 to $31,249 238 212 $10,000 to $24,999
$31,250 to $62,499 545 68 $25,000 to $49,999
$62,500 to $93,749 541 122 $50,000 to $74,999
$93,750 to $124,999 253 162 $75,000 to $99,999
$125,000 to $187,499 283 274 $100,000 to $149,999
$188,000 to $250,000 98 111 $150,000 to $200,000
Over $250,000 133 165 Over $200,000
(Source: US Census 2010 and 2000)
The following chart shows the percent of Vail households by income.
As part of the major redevelopment projects that took place in Vail Village and
Lionshead from 2004 to 2012 the amount of commercial square footage has more
than doubled (131% increase). This outcome was intentional and is based on the
adopted goals of the Lionshead Redevelopment Master Plan as well as the Vail
Village Master Plan. While an increase in commercial square footage generally
Up to
$24,900
19%
$25,000 to
$49,999
6%
$50,000 to
$74,999
11%
$75,000 to
$99,999
14%
$100,000
to
$149,999
25%
$150,000
to
$200,000
10%
Over
$200,000
15%
Vail Household Income as Reported
in the 2010 US Census
For Reference:
Annual
Household
Income
Maximum
Purchase Price
$62,500 $187,500
$87,500 $375,000
$125,000 $625,000
$175,000 >$625,000
* Assumes 4.125% interest, 20% down
payment, limited household debt or
installment loan payments
(Source: Town of Vail Community Development)
10/16/2012
7 Employee Housing
Strategic Plan
equates to higher sales tax collections it also increases the number of service
sector jobs that exist in the Town of Vail, many of which are seasonal.
(Source: Town of Vail Community Development)
Consistent with commercial development and job creation in Vail, throughout
Eagle County the largest employment industry is Accommodations and Food
Services, employing 26% of all employees.
206,836272,191 479,027
0
200,000
400,000
600,000
Prior to Redevelopment
in 2004
Net New 2004-2012Post Redevelopment
2012
Commercial Square Footage for 33
Major Redevelopment Projects
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8 Employee Housing
Strategic Plan
PLANNING TIMEFRAME
The EHSP is based on a five-to-ten year planning horizon; it looks well into the future
anticipating the needs for employee housing over time. The EHSP also contains
identified “action steps” targeted for a one to three year period. These action steps will
need to be evaluated annually and it is anticipated that they will be updated at least
every three years as market conditions change.
THREATS, WEAKNESSES, STRENGTHS & OPPORTUNITIES
It is important to recognize and plan for the threats, weaknesses, strengths and
opportunities that exist in the Town of Vail as well acknowledge the broader trends that
impact Vail.
Threats
• Increasing Competition For Employees
o Within the next ten-years estimates predict 2,000 new jobs will be created
by development and redevelopment within the Town of Vail
The majority of these jobs will be service sector
o Eagle County job growth is predicted at 1.5% annually through 2013
and 2.5% annually from 2013 to 2015 (DOLA)
o From 2015 to 2020 annual average job growth is likely to be higher,
in the range of 3% - 4% or more (DOLA)
o It is estimated that at least 7,500 new jobs will be created between Eagle Vail
and Gypsum in the next ten years
o The majority of the these jobs will be service sector
o It is estimated the Ginn Development will add 1,000 new jobs
o Lake County and Garfield County are both experiencing job growth
o The oil and gas industry and mining generally pay substantially more than the
service jobs being created in Eagle County
o State of Colorado predicts overall job growth of 23% (DOLA)
• State Demography Office shows a modest decline (0.5%)in population from
2010 data for Eagle County
• Employee housing demand will increase due to demand from replacement
workers of retirees (Eagle County Housing Needs Assessment Update,
2012)
10/16/2012
9 Employee Housing
Strategic Plan
• Data indicates 46.5% of all renters in Eagle County are cost burdened
(paying more than 30% of their income for housing) (Eagle County Housing
Needs Assessment Update, 2012)
• 64% of Vail’s dwelling units are either partially occupied or vacant (2010 US
Census)
• Real Estate Trends
o Real estate in the Town of Vail is expensive as compared to the rest of the
region as well as compared to the national market
o The conversion of locally occupied housing to second homes
o The free market focuses on the housing desires of second homeowner
o Increasing cost of construction
o Vail real estate values continue to trend upward
o Regional real estate values continue to be more affordable
o The gap between what locally earned wages can afford and free market
housing prices continues to increase, particularly in Vail
• Unique Geographic Constraints
o Vail Pass on the East
o Dowd Junction on the West
o Limited undeveloped land within the Town of Vail
o Surrounded on the north and south by National Forest and Bureau of Land
Management lands
o Farthest employment center from the Eagle County population base
• Cost of Commuting
o The cost of gas continues to increase
o Public transportation does not provide a viable alternative to all communities
o The availability and cost of parking is prohibitive
Weaknesses
• Politics
o Historical lack of political will for developing new employee housing
o Previously, no clear policy direction for the provision of employee housing
o Lack of Town owned land zoned for employee housing
o There is not dedicated funding for employee housing
o At the beginning, failure to plan for the housing needs of Vail employees
10/16/2012
10 Employee Housing
Strategic Plan
• Real Estate Market
o Lack of free market homes affordable to local employees
o Potential home buyers get less “bang for the buck” in Vail as compared to the
region
o Deed restricted housing developed does not provide a full spectrum of
housing types (i.e., single family homes and seasonal rental units)
• Lack of permanent employees hired by local businesses
o The jobs being generated by redevelopment are predominately lower paying
seasonal service jobs
o Added challenge to establishing a diverse community
Strengths
• Vail has produced or caused to be produced 725 EHUs without requiring
any ongoing general fund support and very little general fund expenditures
• Community support for creating new employee housing
• Clarity around the Town’s adopted housing goal
• Regulatory requirements
o Commercial Linkage
o Inclusionary Zoning
• Vacant land owned by the Town
• Strong local financial conditions
o Bonding capacity
o Strong local tax base
o Potential to invest in employee housing
• Regular private reinvestment in development
• Expanding partnership opportunities with local businesses and governments
• Current deed restricted housing stock
• The “Vail” brand
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11 Employee Housing
Strategic Plan
Opportunities
• Town Initiated
o Employee Housing Strategic Plan
o Town owns significant vacant land
o Rezoning of Town owned vacant land
o Land Use Plan amendments
o Annexation of land adjacent to the Town
o Ability to reallocate existing revenue
o Bonding capacity
o Ability to go to the voters for a dedicated funding source
o Partnerships with local employers
o Public-Private partnerships for development
o Potential United States Forest Service Land Swaps
• Regional Opportunities
o Other local governments are addressing the housing need as well
o Significant vacant land
o Partnerships with local employers
o Public-Private partnerships for development
o “The Valley Home Store”
• Current stagnation in real estate values
OBJECTIVES
A. Provide housing to address needs generated by new development or
redevelopment.
It is documented and understood that new development will require additional
employees and a goal of the EHSP is to provide for that housing. This goal is also
referred to as “ Keep Up” in the EHSP; going forward the Town will attempt to
address the increase in demand from new employees by requiring deed-restricted
housing as a condition of new development or redevelopment. The Town will
encourage developers to provide a range of housing choices for the entire
spectrum of jobs that are being created by the new development.
B. Respond to the existing affordable housing shortfall by pursuing a number
of identified programs and development opportunities.
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12 Employee Housing
Strategic Plan
This goal is also referred to as “Catch Up” in the EHSP; it describes efforts to
address deficiencies in the available housing inventory that have arisen over a
period of years.
C. Call for any deed-restricted housing that is required as a condition of
development to be constructed at the time new development occurs.
By dispersing year-round housing multiple objectives are met: neighborhoods are
occupied throughout the year enhancing security and encouraging activity.
Economies are achieved by having developers integrate deed-restricted housing at
the time they are constructing other uses, and construction of new residences
occurs at the time the demand is first triggered.
D. Creation and maintenance of housing in Vail for emergency and key service
workers.
In Vail, where weather and the regional road system create periodic strains, this is
especially important. The Town will also work with other businesses that provide
services essential to municipal operations to encourage they have critical
employees living within the Town of Vail. The Town will offer partnership
opportunities to these types of employers.
E. Actively address affordable housing for Vail workers to ensure that the
community remains competitive in economic terms.
With the number of Down-Valley jobs continuing to increase, there will be
competition for workers; Vail will work to provide appropriate housing to ensure
that the Town remains attractive in the regional job market.
F. Increase and maintain deed-restricted housing within the Town to
encourage the efficient use of resources by placing employees closer to
their place of work.
It is understood there is a reduced need for personal automobiles and reduced
transit costs when home and work are in close proximity to one another. Also,
there may be changes in workforce demographics that result in opportunities to
reduce parking associated with affordable housing in selected locations. To the
extent these opportunities can be realized, without negative impacts on the overall
community, they will be explored.
G. Planning for new employee housing will take jobs and wages into account.
It is recognized that wages associated with a particular job influence housing
demand. In both catch-up and keep-up programs the Town will work toward
10/16/2012
13 Employee Housing
Strategic Plan
providing a range of housing types at price points appropriate to the varying
incomes of workers in Vail. It is recognized the free market provides limited
opportunity for even the highest wage earners to live and work in Town and it is
necessary to have a full range of employees in the community. Diverse housing
opportunities for the broadest range of employees will enhance the community.
H. Provide and plan for housing along with local and regional public
transportation.
The EHSP recognizes that these functions are intertwined and where deed-
restricted housing exists, there will be a demand for transportation services. It is
the goal of the Town to minimize overall transportation costs by housing
employees in proximity to their jobs, and to also anticipate the projected costs of
transportation (due to fuel and other scarce resources) in the provision of deed-
restricted housing elsewhere in the region.
POLICY STATEMENTS
The Town of Vail will pursue three broadly described methods to achieve the Town’s
housing goal.
The Town will Impose Regulatory Requirements
• Development will be required to address a portion of its housing demand within
the Town of Vail; and
• New development and redevelopment will be required to address a portion of its
housing demand at the development site.
Development and Acquisition Initiated by the Town
• To address employee housing needs beyond the regulatory requirements for
new development; and
• To respond to the desire to promote a more diverse and vibrant local community.
Form Regional Partnerships
• These efforts will address employee housing needs beyond the regulatory
requirements by actively seeking partnerships, including:
o Public / Private, and
o Multi Jurisdictional.
These broad methods are further addressed in the Action Steps that are described in
the following section.
ACTION STEPS
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14 Employee Housing
Strategic Plan
The Town will continue to use tools already in place including:
Regulatory Requirements:
The “Linkage” or Commercial Jobs Generation Program Commercial
Linkage
The Town will review the current linkage program to evaluate whether it has been
meeting the objectives of ensuring that new housing is being created to house a
portion of the employee demand that is being generated by new commercial
uses in the Town. At this time, no immediate changes in the overall
requirements of the program are anticipated. However, the current requirement
for new commercial development to provide employee housing for at least twenty
percent (20%) of the employees generated may be reevaluated and the required
percentage may be changed as a result of the review, the areas of impact may
be modified, and the formulas for calculating job generation rates may be further
refined. Additionally, an updated Rational Nexus will need to be completed on a
periodic schedule. The Linkage Program provides housing to “keep up” with new
demand as it is generated.
Recognizing developable land in Vail as a limit on the community’s ability
to provide EHUs, the Town amended its Commercial Linkage requirements
to require all new construction and demo/rebuilds to provide at least one-
half of their required mitigation on-site.
Achieves Objectives A, C, E, F, and G.
The “Inclusionary” Program Inclusionary Zoning
The Town does not anticipate major changes to the Inclusionary Housing
program at this time. However, the current requirement to restrict 10 percent
(10%) of new residential square footage in high density areas to be employee
housing with deed restrictions, may be reevaluated and the required percentage
may be changed as a result of the evaluation, and/or the areas (zone districts) of
impact may be modified. The Inclusionary Program provides housing to “keep
up” with new demand as it is generated.
Recognizing developable land in Vail as a limit on the community’s ability
to provide EHUs, the Town amended its Inclusionary Zoning requirements
to require all new construction and demo/rebuilds to provide at least one-
half of their required mitigation on-site.
10/16/2012
15 Employee Housing
Strategic Plan
Achieves Objectives A, C, E, F, and G.
Housing District Zoning Designation
The Town currently has a “Housing District” zoning designation. As an action
step to implement the Housing Plan, the Town will review the requirements of
this district to ensure that it is fully meeting its intended purposes. That review
will address the procedural requirements for the Housing District, land use
provisions including density, parking and design standards, and provisions for
density bonuses. The evaluation of the Housing District will ensure the Housing
District provides optimal employee housing development.
Achieves Objectives B, D, E, F, and G.
Town Initiatives:
Buy-Downs to Generate Deed-restricted Units
The Town will actively pursue purchase of attractively priced units for imposition
of an appreciation capped deed restriction, and subsequent resale. This
technique for increasing the supply of permanently affordable housing is known
as a “buy down.” It is recognized that this program will be highly market
dependent, with limited applicability when the local residential market is surging,
and becoming more attractive at times when there is a plateauing of prices. The
Town will need to increase the allocation of funds to underwrite the costs
associated with purchasing, deed restricting and reselling for-sale units. This is
an opportunity to provide diverse housing, to serve the full spectrum of
employees. It is important to update the parameters by which buy down units are
considered so each buy down unit meets the established goals. Further, it is
expected that there will be active involvement by the Housing Authority in
overseeing this program. The Buy-Downs program provides housing to “catch
up” with existing deficiencies and reduce market leakage.
Achieves Objectives B, D, E, F, and G.
Employee Housing Units Exchange Program
The Town will conduct a review of the “dispersed housing units” that have been
created under the density bonus provisions allowed by Town Code since 1982. It
is estimated that 123 units were created under the existing program, typically
ranging in size from 300 to 500 square feet. It is believed that many of these
units are not being used to house employees as anticipated by the program.
Although these units are covered by various types of deed restrictions, the
10/16/2012
16 Employee Housing
Strategic Plan
requirements are not uniform and in many cases are not meeting the objective of
providing long-term dispersed employee housing. The Town will evaluate the
current program and will consider a “deed restriction exchange program” as a
part of this overall effort. The program would likely permit, at the initiation of the
landowner, the exchange of small rental units for a larger for-sale, price
appreciation capped employee housing unit. Guidelines for the program will be
developed. It is expected that these standards will address recommended size
of units, location, homeowner’s fees and other aspects of the program. Such a
program has been recently tried in Vail. It is believed that other dispersed
employee units, not currently in use, could be leveraged into permanently
restricted units by using this technique; it could represent an important element of
this overall plan. The Units Exchange Program is to increase the quality and the
total quantity of employee housing within the Town of Vail.
The Town adopted an Employee Housing Unit Exchange Program in order
to eliminate EHUs that are under-occupied or unoccupied. The Employee
Housing Unit Exchange Program requires the square footage of existing
EHUs be increased either two or three times depending on the location of
the existing EHU. This can improve the livability of EHUs as well as
increase the number of EHUs in Vail. It is recognized that allowing EHU
exchanges means certain neighborhoods in Vail may no longer have EHUs.
While there are a limited number of EHUs eligible to participate in the
Employee Housing Unit Exchange Program, the Program should be
evaluated from time-to-time to ensure it is achieving its goal.
Achieves Objectives B, E, F, and G.
Incentive Zoning and Density Bonuses
The Town will consider workforce housing objectives in all review processes that
permit discretion. This means that the Town will work actively with developers as
a part of the Housing District, Special Development District review processes and
requested changes in zoning to not only meet the requirements of existing code,
but to look for opportunities to go beyond code requirements to encourage
additional workforce housing to be created. As a part of these review processes
the Town will work actively with developers to create incentives to develop
housing that exceeds the minimal requirements contained in the code. Additional
density may be granted in selected locations through the appropriate review
processes, and fee waivers and subsidies may be considered. The Incentives
Zoning and Density Bonuses help Vail to “catch up” with existing deficiencies and
add to the overall percent of employees living within the Town of Vail.
Achieves Objectives B, D, E, F, and G.
10/16/2012
17 Employee Housing
Strategic Plan
Review Rezoning and Vacant Land Opportunities
The Town will regularly review existing codes and the vacant land inventory to
identify opportunities to modify current programs that further support the goals of
this Plan. The Review of Rezonings and Vacant Land provides “catch up”
opportunities to address existing deficiencies and add to the overall percent of
employees living within the Town of Vail.
Achieves Objectives B, D, E, F, and G.
Town Participation in Developments Providing Deed-Restricted Housing
The Town is prepared to actively participate in, and will seek partners to further
the development of deed-restricted housing. Vail Commons, Middle Creek,
Buzzard Park and Miller Ranch (located near Edwards in Eagle County) are four
relatively large developments that have been completed through active Town
participation. The existing developments serve households at different income
levels. This has been, and will continue to be an objective of the Town, to serve
the broad spectrum of need within the community rather than focusing on just a
narrow category of income or household type. The Town participation provides
“catch up” opportunities to address existing deficiencies and add to the overall
percent of employees living within the Town of Vail.
Achieves Objectives B, D, E, F, G, and H.
Explore Options for a Dedicated Funding Source for Employee Housing
Initiatives
The Town will explore options for a dedicated funding source to ensure adequate
and ongoing resources for employee housing initiatives. It is recognized the
Town will play an integral role in the creation of employee housing and dedicated
dollars will aid in these efforts. The Town may pursue any of the following
funding alternatives: a dedicated sales tax increase, a dedicated mill levy
increase, dedication of the Real Estate Transfer Tax or any other funding source
that may be identified. A dedicated funding source would provide “catch up”
housing opportunities for Vail workers.
Achieves Objectives B, D, E, F, G, and H.
Create a Residential Conditions Base Line in the Town of Vail
Conduct a comprehensive study of current units. Identify the type of units that
exist (i.e. studio, one-bedroom, etc.), each unit’s current use (i.e. employee
occupied, short-term rental, etc.), and the ownership of the unit (i.e. owner-
10/16/2012
18 Employee Housing
Strategic Plan
occupied, tenant occupied, etc.). Additionally, collect household
demographic data to better understand the composition of the community.
This information will allow Vail to better target programs to meet the needs
of the community. This data will establish the baseline against which future
employee housing success will be measured. The baseline conditions will
support both “catch up” and “keep up” efforts.
Achieves Objectives A, B, C, D, E, F, G, and H.
Monitor the Rate of Free Market Employee Occupied Homes
The Town will monitor the rate of free market homes occupied by local workers,
and deed-restricted homes, on a regular basis. Conversions of free market
residential units to second home owner units will be considered in Vail’s
evaluation of progress toward the goals identified in this Plan. This monitoring
will support both “catch up” and “keep up” efforts.
Achieves Objectives B, E, F, and G.
Conduct a Demographics Survey of Current Vail Residents
In order to better understand the current demographics of the local population it
is necessary to conduct a local survey. This will provide the Town with back
ground information to consider in future housing policy and development
decisions to ensure the Town is maintaining a character that is as diverse as it is
today. This may occur in conjunction the Annual Community Survey. This
information will support “catch up” efforts.
Achieves Objectives A, B, D, E, F, and H.
Establish a List of Essential Service Providers in the Town of Vail
Establish a list of essential service providers in the Town of Vail to potentially
partner with to ensure critical service workers live within the Town of Vail. This
information will support “catch up” efforts.
Achieves Objective D.
Host Personal Finance and/or Home Buyer Education
To encourage home ownership and create successful home owners it is
important to provide information and educational opportunities to potential
residents. This may also provide the encouragement current renters or existing
home owners may need to take the next step in the housing market, freeing up
10/16/2012
19 Employee Housing
Strategic Plan
their existing unit to house other employees. This education may provide
additional “catch up” opportunity.
Achieves Objectives B, D, E, and F.
Annual Review
In order to ensure the EHSP is always current and is responsive to changing
conditions, the Housing Authority shall review the EHSP annually and changes
shall be periodically recommended to the Town Council. The purpose of these
reviews shall be to ensure that progress on topics related to employee housing is
being maintained and that adjustments in Objectives, Policies and Action Steps
are made in a timely and specific manner.
Achieves Objectives A, B, C, D, E, F, G, and H.
Regional Efforts:
In order to house employees associated with existing and anticipated jobs,
workforce housing will be required throughout the County as well as in the Town.
Vail will work actively with Eagle County officials and other municipalities to look
for regional solutions to providing housing. Further, the need to provide transit
services along with housing is also identified. When developing housing for Vail
employees in Down-Valley locations, the cost of transit services will be
considered in evaluations.
While furthering regional housing is an objective of the Town, it will occur in
concert with efforts in Vail, and in-Town deed-restricted housing will be a priority.
The Town believes that there are a finite number of opportunities within Vail and
these will be explored and pursued; Down-Valley development will not be
undertaken if it results in not being able to participate in an opportunity within the
Town’s boundary.
Partnering opportunities for Down-Valley development will occur through
partnerships that may include not only the County, but also the Town of Avon,
Town of Minturn, Eagle County School District, the U.S. Forest Service, and
potentially private developers. The Dowd Junction area and the Village at Avon
are identified as particular areas of interest where development opportunities are
to be explored.
IMPLEMENTATION MATRIX
10/16/2012
20 Employee Housing
Strategic Plan
ACTION STEP
WHO
IMPLEMENTS 2013 to 2016
ESTIMATED
COST
Vail Market Study
Update
Community
Development
Department
2013 – Then every
other year or as the
market warrants $10,000
Develop New For-
Sale Housing at
Chamonix
Town Council
and VLHA 2013
Development loan of
approximately $1.3
Million
Refinance Timber
Ridge Village
Apartments
Town Council
and VLHA 2012/2013 $25,000 for consultant
Develop New For-
Sale Housing with
ERW&SD -
Snowberry & East
Vail
Town Council
and VLHA 2012/2013
Potential partnership
with Open Space &
ERW&SD for land –
Estimated $10,000 for
land planning
Partner with Eagle
County to develop
new EHUs
Town Council
and VLHA
As opportunities are
developed
Varied based on
partnership agreement
Redevelop 2507
Arosa Drive
Town Council
and VLHA 2014
Cost to replace Town's
Manager Residence
(Estimated at
$750,000)
Update Fee-in-
Lieu for
Commercial
Linkage &
Inclusionary
Zoning
Community
Development
Department
2nd quarter of each
year In House
Annual EHU
Compliance
Verification
Community
Development
Department 1st quarter of each year In House
Annual Master
Resale Lottery
Community
Development
Department 2nd quarter of each year
$1,000 for postage and
advertising
Establish Existing
Conditions for All
Units – Including
household
demographics
Community
Development
Department and
VLHA
2013 – then 1st quarter
of every other year
$5,000 for survey and
mailing – allows the
Town to monitor its
progress toward
adopted goals
Monitor Rental
and Vacancy
Rates
Community
Development Quarterly In House
10/16/2012
21 Employee Housing
Strategic Plan
Establish
Incentive Zoning
to Ensure No Net
Loss of Rental
Housing
Community
Development
Department,
VLHA, PEC and
Town Council 4th quarter 2013 In House
Review Housing
Zone District
Community
Development
Department,
VLHA, PEC and
Town Council 1st quarter 2013 In House
Review
Commercial
Linkage to ensure
it is achieving the
goal
Community
Development
Department,
VLHA and Town
Council 1st quarter of every year In House
Review
Inclusionary
Zoning to ensure
it is achieving the
goal
Community
Development
Department,
VLHA and Town
Council 1st quarter of every year In House
Updated Rational
Nexus Study Town of Vail As needed $15,000
Monitor Total
Number of Jobs in
Town of Vail Town of Vail
1st quarter of every
year
$2,000 to purchase
data
Review zoning
incentives/remove
barriers for private
development of
EHUs
Community
Development
Department,
VLHA, PEC and
Town Council
1st quarter of every
year In House
Review EHU
Exchange
Program
Community
Development
Department,
VLHA, PEC and
Town Council 1st quarter of every year In House
Implement the
EHU Exchange
Program
Community
Development
Department and
VLHA
On-going - as
proposed exchanges
are submitted In House
Identify Land/
Development
Opportunities
Community
Development
Department,
VLHA and Town
Council 2nd quarter 2013 In House
10/16/2012
22 Employee Housing
Strategic Plan
Prioritize
Land/Development
Opportunities
Community
Development
Department,
VLHA and Town
Council 4th quarter 2013
Acquisition of
Property
ACTION STEP
WHO
IMPLEMENTS 2017 to 2022
ESTIMATED
COST
Redevelop Timber
Ridge Village
Apartments
Town Council
and TRAHC As market warrants To be determined
Propose
Development
and/or Rezoning
Town Council
and VLHA Continuous Development
Redevelop Gore
Range Condos
Town Council
and VLHA As market warrants Cost of acquisition
Pursue a
Dedicated
Funding Source
VLHA
Recommendation
and Town
Council Marketing Dollars
Develop EHUs at
Parking Structures
Town Council
and VLHA As market warrants To be determined
Partner with Vail
Resorts to build
new EHUs
Town Council
and VLHA As market warrants To be determined
Partner with
Cascade Resort to
build new EHUs
Town Council
and VLHA As market warrants To be determined
Buy Down Units
Town Council
and VLHA Continuous $1,000,000 / year
ACTION STEP 2023 and beyond
Work with
Sonnenalp to
develop additional
EHUs
When Red
Sandstone
Elementary
rebuilds their
school - add EHUs
10/16/2012
23 Employee Housing
Strategic Plan
Build a second
building of EHUs
at Buzzard Park
Acquire
underdeveloped
parcels for
redevelopment
Partner with Vail
Valley Medical
Center
ACTION STEP
WHO
IMPLEMENTS WHEN
ESTIMATED
COST
PROPOSED
PRIORITY
Establish and Fund
VLHA Operating
Budget
Town Council and
VLHA
4th Quarter
2008
To Be
Determined A
Establish Baseline
"Existing
Conditions" for All
Units
Town Council and
VLHA 2009 $20,000 A
Monitor Existing
Conditions for All
Units
Town Council and
VLHA
1st Quarter of
Each Year
(2010) $5,000 A
Monitor Rental and
Vacancy Rates Eagle County Continuous None A
Conduct Housing
Needs Assessment
In conjunction with
Eagle County 2010 $10,000 A
Update Fee-in-Lieu
for Commercial
Linkage &
Inclusionary Zoning
Community
Development Dept
and Consultant
1st Quarter of
Each Year $2,000 A
Updated Rational
Nexus Study Town of Vail
Every Five
Years (2011) $15,000 A
Monitor Total
Number of Jobs in
Town of Vail Town of Vail
1st Quarter of
Each Year $2,000 A
10/16/2012
24 Employee Housing
Strategic Plan
Host Finance/
Home Buyer
Education Classes VLHA Two Per Year $500 A
Buy Down Units
Town Council and
VLHA Continuous $1,000,000 / year A
Establish Buy Down
Unit Criteria
Town Council and
VLHA
4th Quarter
2008 None A
Develop New For-
Sale Housing at
Chamonix
Town Council and
VLHA 2010
Potentially more
than the value of
the land A
ACTION STEP
WHO
IMPLEMENTS WHEN
ESTIMATED
COST
PROPOSED
PRIORITY
Develop Additional
Rental Housing at
Timber Ridge
Town Council and
VLHA 2011
Potentially the
value of the land A
Establish an EHU
Exchange Program
Town Council -
Com Dev Dept -
VLHA
Recommendation
4th Quarter
2008
$10,000 for legal
review A
Implement the EHU
Exchange Program
Com Development
Dept. and VLHA Continuous None A
Review &
Potentially Modify
Commercial Linkage
Town Council -
Com Dev Dept -
VLHA
Recommendation
1st Quarter of
Each Year None A
Review &
Potentially Modify
Inclusionary Zoning
Town Council -
Com Dev Dept -
VLHA
Recommendation
1st Quarter of
Each Year None A
Identify
Land/Development
Opportunities
Town Council -
Com Dev Dept -
VLHA
Recommendation
2nd Quarter of
Each Year None A
Prioritize
Land/Development
Opportunities
Town Council -
Com Dev Dept -
VLHA
Recommendation
2nd Quarter of
Each Year
Acquisition of
Property A
10/16/2012
25 Employee Housing
Strategic Plan
Propose
Development
and/or Rezoning
Town Council and
VLHA
2nd Quarter
of Each Year Development B
Review Housing
Zone District
Town Council -
Com Dev Dept -
VLHA
Recommendation
2nd Quarter
of Each Year None B
Establish Incentive
Zoning to Ensure
No Net Loss of
Rental Housing
Town Council -
Com Dev Dept -
VLHA
Recommendation
2nd Quarter
of Each Year None B
ACTION STEP
WHO
IMPLEMENTS WHEN
ESTIMATED
COST
PROPOSED
PRIORITY
Pursue a Dedicated
Funding Source
Town Council and
VLHA
Begin 1st
Quarter 2009
None in 2009
Marketing in
2010 B
Monitor Free Market
Real Estate
Transactions
VLHA and
Consultant
1st Quarter of
Each Year $5,000 B
Establish List of
Essential Service
Providers
Town Council and
Town Staff
4th Quarter
2008 None C
Create Partnerships
with Essential
Service Providers
Town Council and
VLHA Continuous None C
ROLES AND RESPONSIBILITIES
Roles and Responsibilities – The provision of deed-restricted housing is viewed as a
partnership between various boards within the Town, each having important roles and
responsibilities. As such, it is imperative that communications be established and
maintained between boards to achieve the goal and objectives that are stated in this
Plan. Efforts will be made to define, and periodically refine, the roles and associated
communications between the bodies identified below.
The Town Council shall act in accordance with Town codes and shall fulfill their
decision-making functions as identified by local ordinances. Land Use Regulations
10/16/2012
26 Employee Housing
Strategic Plan
typically stipulate the review procedures to be followed in reviewing a proposed
development. Ultimately, most reviews require an affirmative decision by the Town
Council. Therefore, the Council will be the ultimate decision-making body for
developments that require Council review.
The Planning and Environmental Commission and the Design Review Board
also play an important development review role. These two boards will review
development proposals, consistent with the requirements of codes and ordinances, to
ensure that development is in compliance.
The Vail Housing Authority (V.L.H.A.) plays a critical role in ensuring that housing
for long-term residents and seasonal employees is available in the Town. This in turn,
enhances the quality of life for local residents, and improves the economic viability of
the area. The V.L.H. A. mission:
The V.L.H. A. will play an advisory role to the Town Council and the Planning and
Environmental Commission on matters related to housing policy and development. The
Authority will use this Housing Plan as a working document to guide future efforts. As
identified in the EHSP, the Authority will work to carry out the Action Steps over the
next three years. The Authority’s priorities will be those contained in the EHSP as it is
adopted, and as it may be modified following subsequent annual reviews.
GLOSSARY
The following definitions are applicable for the terms used in this Plan.
Area Median Income (AMI) Limits – most communities establish income limits for the
programs they administer based on the area median income (AMI) for the area
according to household size, which are adjusted annually by the Department of Housing
and Urban Development (HUD). Four different income categories are defined for
various programs and policies:
1. Extremely low-income, which is less than 30 percent of the median family income;
2. Very low-income, which is between 30 and 50 percent of the median family income;
3. Low-income, which is between 50 and 80 percent of the median family income;
4. Middle income, which is between 80 and 120 percent of the median family income;
and
5. Above middle income, which is over 120 percent of the median family income.
Eagle County Area Median Income
% of Median Income for Area
No. of
Persons 200% 140% 120% 100% 80% 50% 30%
10/16/2012
27 Employee Housing
Strategic Plan
1 $118,800 $83,160 $71,280 $59,400 $47,520 $29,700 $17,820
2 $135,700 $94,990 $81,420 $67,850 $54,280 $33,925 $20,355
3 $152,700 $106,890 $91,620 $76,350 $61,080 $38,175 $22,905
4 $169,600 $118,720 $101,760 $84,800 $67,840 $42,400 $25,440
5 $183,200 $128,240 $109,920 $91,600 $73,280 $45,800 $27,480
6 $196,800 $137,760 $118,080 $98,400 $78,720 $49,200 $29,520
1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person
30% $17,050 $19,500 $21,900 $24,350 $26,300 $28,250 $30,200 $32,150
50% $28,400 $32,450 $36,500 $40,550 $43,800 $47,050 $50,300 $53,550
60% $34,080 $38,940 $43,800 $48,660 $52,560 $56,460 $60,360 $64,260
80% $41,900 $47,900 $53,850 $59,850 $64,650 $69,450 $74,200 $79,000
100% $56,800 $64,900 $73,000 $81,100 $87,600 $94,100 $100,600 $107,100
120% $68,160 $77,880 $87,600 $97,320 $105,120 $112,920 $120,720 $128,520
140% $79,520 $90,860 $102,200 $113,540 $122,640 $131,740 $140,840 $149,940
160% $90,880 $103,840 $116,800 $129,760 $140,160 $150,560 $160,960 $171,360
Catch-Up Housing – Housing needed to “catch-up” to current deficient housing
conditions. In this Plan, catch-up housing needs are defined by current resident
households reporting housing problems (overcrowded, cost-burdened and/or living in
substandard housing conditions), current renters and owners looking to purchase a
home and in-commuters that would like to move to Vail. Catch-up housing is generally
addressed through local city development initiatives, non-profits and housing groups
and public/private partnerships.
Housing Continuum, The – As illustrated below, it is possible to estimate the number
of resident households in the Town of Vail at various income levels. Vail’s planning is
based on addressing the needs of households of different incomes, recognizing that
there is a need to ensure housing for a diversity of households.
10/16/2012
28 Employee Housing
Strategic Plan
EXISTING DEED RESTRICTED
EMPLOYEE HOUSING
Inclusionary Zoning – requires a minimum percentage of residential development be
provided to serve local employees as part of new residential developments (10 percent
in Vail). Inclusionary zoning is a housing production obligation based on the
community’s need for employee housing as related to many factors, including a
decreasing developable supply of land, rising home values, insufficient provision of
housing affordable to residents by the market, etc., in addition to any direct employee
generation impacts of development.
Keep-Up Housing – Housing units needed to keep-up with future demand for housing.
In this Plan, keep-up housing needs focuses on new housing units needed as a result of
job growth in Vail and new employees filling those jobs. Keep-up housing is often
Over 140% AMI
31.8%
<=50% AMI
401 HH/16.4%
50-80% AMI
345 HH/14.1%
80-100% AMI
425 HH/17.4%
100-140% AMI
496 HH/20.3%
<=50% AMI
Max Rent $913
Max Price $124,796
50-80% AMI
Max Rent $1,346
Max Price $180,238
80-100% AMI
Max Rent $1,825
Max Price $241,432
120-140% AMI
Max Rent $2,738
Max Price $334,741
2007 Vail Households
50% AMI
$36,500
80% AMI
$53,850
100% AMI
$73,300
140% AMI
$109,500
Over 140% AMI
Rent Over $2,738
Price Over $334,741
<=50% AMI
Max Rent $913
Max Price $124,796
50-80% AMI
Max Rent $1,346
Max Price $180,238
80-100% AMI
Max Rent $1,825
Max Price $241,432
100-140% AMI
Max Income $109,500
Max Rent $2,738
Max Price $334,741
2007 Vail Households
Over 140% AMI
Income Over $109,500
Rent Over $2,738
Price Over $334,741
Middle Creek
Rent 142 Units
Less than 60% AMI
Buzzard Park
Rent 24 Units
Town Employee
Typically less than 120% AMI
Vail Commons, Red Sandstone, North Trail
For Sale 77 Units
100% AMI or less
Miller Ranch
For Sale 282 Units
60-120% AMI
50% AMI
$36,500
80% AMI
$53,850
100% AMI
$73,300
140% AMI
$109,500
10/16/2012
29 Employee Housing
Strategic Plan
addressed by the existing free-market, as well as regulatory requirements or incentives
to produce housing that is needed and priced below the current market.
Levels of Homeownership – When discussing affordability of properties by Area
Median Income (AMI) level (defined above) and the types of homes households among
different AMI groups are seeking; reference is made to a couple different stages of
homeownership. This includes:
1. Entry-level ownership/first-time homebuyers: These are households typically
earning in the lower to middle income range. In Vail, these are households
earning 50 to 100 percent of the AMI. These include households that currently
rent (or otherwise do not own a home) and are looking to purchase their first
home.
2. Move-up buyers: These are households earning in the middle to upper income
range (about 100 to 120 percent AMI or higher) that may currently own a home
and are looking to purchase a new or different home for a variety of reasons
(relocating, growing family (e.g., having children), shrinking family (e.g., empty-
nesters), etc.).
Mean – the average of a group of numbers, which is the sum of all the data values
divided by the number of items.
Median – the middle point in a data set.
ATTACHMENTS
A. The Economic Value of the Town of Vail’s Investment in Employee Housing,
dated March 29, 2012. Prepared by BBC Research & Consulting.
B. Economic Indicators: 2012 dated August 2012. Prepared by Economic
Council of Eagle County.
C. Chamonix Market Update, dated February 28, 2011. Prepared by Economic &
Planning Systems, Inc.
D. Eagle County Housing Needs Assessment Update, draft dated 2012. Prepared
by Venturoni Surveys & Research, Inc. and Economic Council of Eagle
County. (The final version will be added as an attachment to the EHSP.)
10/16/2012
30 Employee Housing
Strategic Plan
RESOLUTION NO. 20
Series 2008
A RESOLUTION ADOPTING THE TOWN OF VAIL EMPLOYEE HOUSING STRATEGIC
PLAN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the “Charter”); and
WHEREAS, the Town has determined that no less than thirty percent (30%) of Vail’s
workforce should be provided deed restricted employee housing within the Town limits; and
WHEREAS, the Council has determined that in order to achieve the established goal it is
critical to create an employee housing strategic plan establishing and clarifying the objectives
and action steps essential to achieve the stated goal; and
WHEREAS, the Vail Local Housing Authority and Council developed the Employee
Housing Strategic Plan over a period of six months that outlines the goal, objectives and action
steps; and
WHEREAS, the Vail Economic Advisory Committee provided input and direction on the
Employee Housing Strategic Plan at their May 13, 2008, and June 10, 2008, meetings; and
WHEREAS, the Planning and Environmental Commission provided input and direction
on the Employee Housing Strategic Plan at their August 25, 2008, Public Hearing; and
10/16/2012
31 Employee Housing
Strategic Plan
WHEREAS, the Council supports the implementation of the Vail Employee Housing
Strategic Plan; and
WHEREAS, the Employee Housing Strategic Plan will direct policy and budget decisions
in order to achieve the community’s stated goal; and
WHEREAS, it is the intention of the Council and the Housing Authority to implement the
Employee Housing Strategic Plan over the next three years.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
1. The Council hereby approves the Town of Vail Employee Housing Strategic Plan,
dated September 2, 2008, attached hereto as Exhibit A.
2. The Council hereby finds:
A. That the Employee Housing Strategic Plan 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,
B. That the Employee Housing Strategic Plan furthers the general and specific
purposes of Zoning Regulations; and,
C. That the Employee Housing Strategic Plan promotes the health, safety,
morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort
and residential community of the highest quality
3. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of September, 2008.
______________________________
Richard D. Cleveland, Town Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
10/16/2012
32 Employee Housing
Strategic Plan
PROCESS TIMELINE
Vail Town Council
May 6, 2008 Work Session
Affirm housing goal and purpose of the EHSP
Review proposed actions and timeline
July 1, 2008 Work Session
July 15, 2008 Special Work Session
Identify and affirm objectives and action steps
Confirm overall direction of the EHSP
August 19, 2008 Work Session
Identify and affirm the SWOT analysis
Affirm overall direction of the EHSP
September 2, 2008
Adopt the Town of Vail Employee Housing Strategic Plan
August 21, 2012 Work Session
Review proposed actions and proposed direction
Planning and Environmental Commission
10/16/2012
33 Employee Housing
Strategic Plan
August 25, 2008 Work Session
Provide feedback on the EHSP
Vail Local Housing Authority
March 24, 2008 VLHA Work Session
Met with consultant (Chris Cares)
Dusted off previous work towards a TOV Strategic Plan
April 10, 2008 VLHA Work Session
Review and update proposed actions and timeline
April 24, 2008 VLHA Work Session
Further refine actions and timeline for Council meeting
May 13, 2008 Vail Economic Advisory Council
Discussion of Housing Objectives
May 15, 2008 VLHA Work Session
June 10, 2008 Vail Economic Advisory Council
Further discussion of Housing Objectives
June 10, 2008 VLHA Work Session
June 24, 2008 VLHA Work Session
July 8, 2008 VLHA Work Session
July 22, 2008 VLHA Work Session
SWOT Analysis
August 12, 2008 VLHA Work Session
SWOT Analysis
August, 2008 Meet with Local Employers
August 26, 2008 VLHA Work Session
Review Planning Commission feedback
Implementation Matrix Review
August 23, 2012 VLHA Work Session
August 28, 2012 VLHA Work Session
Implementation Matrix Update
September 6, 2012 VLHA Work Session
Implementation Matrix Update
10/16/2012
34 Employee Housing
Strategic Plan
September 25, 2012 VLHA Work Session
10/16/2012
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 2
Eagle County Population
Growth 1980-1990: 65%
Growth 1990-2000: 90%
Growth 2000-2010: 25%
Data Source: Colorado State Demographer September
2011
Projected Growth 2010-2020: 37%
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 3
Population by Town
Data Source: Colorado State
Demographer
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 4
An Aging Population
Eagle County is aging. While
the younger population (under
24) remains at about a third of
WKHSRSXODWLRQWKH³IDPLO\
DJH´JURXSRI-59 is
projected to drop from 60% to
RIWKH&RXQW\¶VUHVLGHQWV
from 2000 to 2020.
While all age groups gain
population by 2020, the real
growth comes in the older adult
segment. Adults 60 and older
were about 5% of the
population in 2000, and that
segment is expected to make up
17% of the total in 2020.
Aging in place and by in-
migration contribute to growth
in the older age groups.
Data Source: Colorado State Demographer September 2011
estimates
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 5
Eagle County Households
Data Source: Colorado State Demography Office
2012
Households
Total Households 2010 19,209
Household Population 2010 52,071
Average Household Size 2.71
Housing Units
Total Housing Units 2010 31,333
Vacant Household Units 12,124
Household Vacancy rate 0
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 6
Demographics/Race & Ethnicity
The Hispanic population
continues to grow in
Eagle County. Two-
thirds of the County
(67%) is white, non-
Hispanic. Other races
make up less than 4% of
the population.
Data Source: Colorado State
Demographer
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 7
Demographics/Education
Data Source: 2006-2008 American Community
Survey
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 8
Demographics/Income
Data Source: 2010 Census Small Area Income and Poverty
Estimates
7% drop
from 2009
Estimate
10/16/2012
10/16/2012
10/16/2012
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 12
Eagle County Retail Sales
(in thousands)
Data Source: Colorado Department of
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 13
Eagle County:
State Sales Tax Collections
(in thousands)
Data Source: Colorado Department of
Revenue
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 14
Top Employers
EMPLOYER # Employees (Range) INDUSTRY
Vail Resorts > 1500 Recreation, Real Estate,
Accommodations & Food
Services
Eagle County School District 500-1000 Education
Vail Valley Medical Center 500-1000 Medical
Eagle County 400-500 Government
Vail Cascade Hotel 300-400 Accommodations & Food
Services
Ritz Carlton Hotel 300-400 Accommodations & Food
Services
WalMart 300-400 Retail
Sonnenalp Resort 200-300 Accommodations & Food
Services
Town of Vail 200-300 Government
Vail Marriott 200-300 Accommodations & Food
Services
Data Source: Quarterly Census of Employment &
Wages
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 15
Real Estate Values - Eagle County
Data Source: Land Title Guarantee
2008 2009 2010 2011 2012
through
June
Number Sold 1,606 938 1,250 1,357 692
Total Dollar
Volume ¶V
$2,234,919 $898,444 $1,497,172 $1,158,049 $662,734
Mean Sales Price
Single Family: $1,455,774 $1,159,484 $1,264,591 $1,003,971 $1,220,924
Multi-Family $1,509,830 $831,688 $1,150,597 $859,243 $878,256
Vacant Res. Land $562,779 $393,903 $409,575 $350,346 $308,260
Commercial $1,262,929 $1,168,416 $1,228,594 $851,585 $825,394
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 16
Residential Real Estate - Local Markets
Data Source: Land Title Guarantee
Company
Gypsum Eagle Avon Vail Village
Number Sold
January - June 2010 41 72 104 39
January - June 2011 59 67 66 31
January - June 2012 95 89 49 44
Total $ Volume
January - June 2010 $27,395,300 $36,421,900 $56,753,834 $129,239,600
January - June 2011 $13,811,395 $25,011,200 $29,846,900 $115,559,100
January - June 2012 $21,121,088 $29,767,800 $28,105,700 $139,427,400
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 17
Residential Real Estate Values - Local Markets
Data Source: Land Title Guarantee
Company
Gypsum Eagle Avon Vail Village
Mean Sales Price
January - June 2010 $668,178 $505,860 $545,710 $3,313,836
January - June 2011 $234,091 $373,301 $452,226 $3,727,713
January - June 2012 $222,327 $334,470 $573,586 $3,168,805
Median Sales Price
January - June 2010 $330,000 $315,750 $397,250 $2,162,000
January - June 2011 $210,000 $305,000 $399,999 $2,500,000
January - June 2012 $200,000 $280,000 $275,000 $1,975,000
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 18
Enplanements
Data Source: Eagle County
Airport
218,105
232,250
214,715
182,673
204,889
194,190
134,309
thru
July
10/16/2012
Economic Council of Eagle County 2012 Economic Indicators 19
Eagle County School Enrollments
Data Source: Colorado Depa rtment of
Education
5,724 5,824
6,185 6,181 6,344
10/16/2012
Final Report
The Economic Value of the
Town of Vail’s Investment
in Employee Housing
Vail Local Housing Authority
10/16/2012
Final Report
March 29, 2012
The Economic Value of the
Town of Vail’s Investment in
Employee Housing
Prepared for
Vail Local Housing Authority
75 South Frontage Road
Vail, Colorado 81657
Prepared by
BBC Research & Consulting
1999 Broadway, Suite 2200
Denver, Colorado 80202-9750
303.321.2547 fax 303.399.0448
www.bbcresearch.com
bbc@bbcresearch.com
10/16/2012
Table of Contents
BBC RESEARCH & CONSULTING i
INTRODUCTION
Background ............................................................................................................................... IN–1
The Employee Housing Issue ..................................................................................................... IN–1
Report Objectives ...................................................................................................................... IN–2
Report Organization .................................................................................................................. IN–2
EXECUTIVE SUMMARY:
The Economic Value of the Town of Vail’s Investment in Employee Housing
Vail Employee Housing ............................................................................................................. ES–1
Approach ................................................................................................................................. ES–2
Other Perspectives .................................................................................................................... ES–4
The Vail Community ................................................................................................................. ES–5
I. Vail Demographic Data and Employee Housing Inventory
Vail Demographics ...................................................................................................................... I–1
Vail Employee Housing Market Considerations ............................................................................ I–2
Vail Employee Housing Rental Rates ............................................................................................ I–6
II. The Economic Value of Employee Housing
Methodological Options ............................................................................................................. II–1
BBC Approach ............................................................................................................................ II–2
Direct Economic Value of Employee Housing ............................................................................. II–5
Other Perspectives ...................................................................................................................... II–9
Vail—A Resort Economy ............................................................................................................ II–10
10/16/2012
EXECUTIVE SUMMARY:
The Economic Value of the Town of
Vail’s Investment in Employee Housing
10/16/2012
BBC RESEARCH & CONSULTING EXECUTIVE SUMMARY, PAGE 1
EXECUTIVE SUMMARY
The Economic Value of the Town of
Vail’s Investment in Employee Housing
This study documents the current inventory and use of employee housing in Vail and calculates the
cost and benefits of this investment from multiple community perspectives.
Vail Employee Housing
Over the past 25 years, the town of Vail has mandated or incentivized the creation of 727 employee
housing units. These units have enjoyed high levels of occupancy even during periods of slow
economic activity. Vail employee units house an estimated 1600 employees, approximately 75
percent of which (1200 persons) work in the town of Vail. Because individuals often hold multiple
jobs, these 1200 Vail employees fill over 1500 jobs, nearly 20 percent of Vail’s estimated 9100
positions. The majority of Vail’s employee housing attracts entry level, seasonal employees but the
town also supports a number of deed-restricted, for-sale units that house longer term residents and
families.
Remarkably, the Vail community has produced this housing inventory without requiring any
ongoing general fund support and very little general fund expenditures. This experience is in marked
contrast to other mountain resorts that often use ongoing sales, real estate transfer or property taxes
revenues to supporting employee housing. The projects’ mortgage debt is about $18.0 million (net
of cash reserves), but all operating costs and debt service are covered by annual rents and lease
revenue. The majority of the current housing stock was created by opportunistic investment,
development requirements, or partnership by the town over a period of multiple decades.
Deed-restricted housing is not the only component of local employee housing. Many workers,
roughly 43 percent of persons who live and work in Vail, live in private rental housing or own their
own homes. Nevertheless the disparity between Vail housing costs and local salary levels makes
ownership an unrealistic option for the vast majority of residents. Many resident homeowners
purchased their units years ago and it is likely that these units will eventually be sold and transfer into
temporary occupancy use—further exacerbating the town’s housing /jobs imbalance.
From a Vail community perspective the quantifiable economic value of employee housing lies in
three areas: the costs avoided by businesses of having to induce workers from considerable distance;
the additional town retail spending by employee-local residents; and the public costs avoided in not
having to find a local parking solution for additional commuting workers.
10/16/2012
PAGE 2, E XECUTIVE S UMMARY BBC RESEARCH & CONSULTING
The employee housing benefits calculated in this report are summarized in Exhibit ES-1 below.
Figure ES-1.
Summary: Valued Vail Employee Housing
Source:
BBC Research & Consulting.
There are additional, non-economic benefits associated with employees being housed within Vail,
ranging from lessoned seasonality to the invigoration of the community’s public life. These benefits
are also described in this report.
Approach
Placing a value on the provision of employee housing presents the predictable challenges of valuing a
public service where there is an uneven distribution of costs and benefits—the same challenge one
faces in attempting to value public parks, public parking or even general public services.
Assumptions. This study incorporates certain assumptions and understandings regarding Vail
employee housing and its role in the unusual economy of a mountain resort community. These
points are described fully in Section II of this report and are summarized below.
Without employee housing Vail businesses would likely still attract workers, particularly in the
current economic environment, but attraction and retention would be more expensive; employee
turnover would be higher; and employee flexibility to work irregular hours or multiple jobs
would be diminished.
The provision of affordable employee housing requires some form of public investment, which
implies that tax payers—or some subset of tax payers—are in some degree supporting this
amenity. This support can be direct, such as public acquisition of land, or indirect, such as
regulatory requirements.
The provision of employee housing can displace other forms of development, which under many
circumstances may be of higher economic value.
The economic value of employee housing varies depending upon the nature of the individual,
business interest or taxpayer considering the issue. Similarly, the economic value of employee
housing is not consistent from year to year—it varies considerably depending upon background
economic conditions.
Employee housing enhances the Vail community’s ability to provide high levels of guest services.
Deed-restricted, for-sale housing is particularly valuable in allowing Vail residents to stay in Vail
and participate in civic life.
CategoryValue
Business costs avoided$12.6 million per year
New retail spending $6.0 million in annual retail
sales ($240,000 in sales tax
@ 4.0%)
Parking expansion $9.0 million
10/16/2012
BBC RESEARCH & CONSULTING EXECUTIVE SUMMARY, PAGE 3
Business Savings. The existence of a substantive amount of employee housing means that Vail
businesses are relieved of the costs associated with compensating employees for lengthy and costly
commutes. In essence, Vail businesses are competitively advantaged when seeking employees, not
disadvantaged by the difficult and time consuming commute from down valley residences. Vail
businesses also save on employee training and turnover expenses and are more likely to attract a
reliable workforce with the availability of appropriate local housing.
Figure ES-2 summarizes employee housing associated cost savings for each segment of the Vail
economy. Vail government is a significant beneficiary for the same reasons that businesses benefit
from employee housing, but also for the avoided costs of finding parking options for the 1200
additional workers who would be commuting into town.
Figure ES-2.
Direct Impacts of
Vail Employee Housing
Source:
BBC Research & Consulting
BBC estimates that the business community benefits in the amount $10,530 per worker/year for each
of the 1200 Vail housed/ and Vail employed individuals using employee housing. This amounts to
$12.6 million per year in cost-of-business savings. In addition, employees residing in Vail are
expected to add roughly $6.0 million in additional retail sales as a result of increased local spending.
Even with effective bus transit, many workers commute to Vail jobs by automobile. By housing
workers locally, the town of Vail avoids capital spending for parking of approximately $9.0 million
and the accompanying annual management costs associated with parking operations — even
presuming some form of parking solution was a prospect.
Community risks. Although Vail operates its current employee housing stock without annual costs
to the community, it should be noted that the community has potential indirect risk for an $18.0
million debt obligation associated with the largest housing project. It should also be noted that the
provision of employee housing represents a lost opportunity to develop additional private market
units on the same land.
Direct Impacts of Vail Employee Housing
Vail
Businesses
Positive:
Employee cost savings
–Wages and salaries
–Training/turnover
–Skills and quality
of labor force
–Eco bus pass
Additional local
spending by
employee residents
Vail
Employees
Positive:
Reduced cost of living
–Rents
–Commute time
–Commute costs
Ability to hold
multiple jobs
Town
Government
Positive:
Employee cost savings
–Wages and salaries
–Training/turnover
–Skills and quality of
labor force
Reduced parking,
construction and
operational costs
–Capital investment/risk
–Bond risk
–Lost opportunity for
higher valued
development on town-
owned property
Negative:
10/16/2012
PAGE 4, E XECUTIVE S UMMARY BBC RESEARCH & CONSULTING
Other Perspectives
The provision of employee housing has broad economic consequences, beyond the immediate
economic values described above, for all Vail property owners, guests and residents. These are
summarized in Figure ES-3.
Figure ES-3.
Perspectives on Vail Employee Housing
Residential property owners. As noted above in Figure ES-3, property owners seeking to rent
privately owned residential units currently have to compete with employee housing. Currently,
the presence of over 700 units of lower priced housing likely dampens the potential rental value
of individually owned rental units.
Conversely, all residential property owners also benefit from employer housing because exaction
requirements on new or remodeled housing drive up the cost of new units, effectively pulling up
the price of all units.
Commercial property owners. Commercial property owners are generally benefited by
community investment in employee housing as it increases the costs of potential new
competition, because of the inclusionary zoning and commercial linkage requirements, and
reduces the labor costs of operations for commercial tenants.
Undeveloped or underdeveloped land owners. Land owners, properties with redevelopment
potential, and developers are burdened by inclusionary zoning, commercial linkage and employee
housing requirements which represent an immediate development expense that must be factored
into development feasibility calculations.
Other Perspectives on Vail Employee Housing
Private Rental
Property Owners
Negative:
•Subsidized
Competition
All Residential
Property Owners
Positive:
•Increased cost of
competitive
new developments
All Commercial
Property Owners
Positive:
•Increased cost of
competitive
new development
Land Owners
and Developers
Negative:
•Increased cost of
competitive new
development
Positive for all:Increased functionality of the resort
Improved visitor experience
10/16/2012
BBC RESEARCH & CONSULTING EXECUTIVE SUMMARY, PAGE 5
The Vail Community
Finally, and perhaps most importantly, employee housing presents widespread general benefit to all
property owners, residents, visitors and second home owners who have a stake in the success of Vail.
Generally, an improved quality of life for employee residents, reduced commuting times, year round
presence of residents and housing cost savings, all add to a more stable employee base and a better
functioning community, which results in:
An improved guest experience—the most basic product sold by Vail;
Better positioning against other resorts competing for a quality workforce and the most
discriminating guests;
Reduction in the seasonality of local businesses;
Increased vitality, diversity and “real town” authenticity for the town;
Increased community participation (e.g., volunteer activities, town boards); and
Enhanced ability for younger residents to stay in Vail and grow into higher-level employment
and community leadership positions.
It is not a conceptual leap to assume that a better community with a more stable and participatory
workforce translates into better guest services. Visitors value their interaction with local residents and
workers who enjoy their town and communicate pride in their community help create the experience
that differentiates engaging resort towns from simply undifferentiated commercial resorts. As the Vail
community matures, many long time residents will retire and their homes will likely transfer into
second home status, further eroding the town’s private housing stock. The economic value of
employee housing will grow as the private ownership stock is diminished and the diversity of
employee housing, including additional deed-restricted, family and for-sale units, expands.
In sum, over a two decade period, the town has created an enviable employee housing stock with very
modest costs to the general taxpayers. Operation of the town’s 727 units puts no burden on the
general fund. The Timber Ridge project, the town’s largest investment, has been a time consuming
effort but it is still operated under contract by a private entity and current rents cover all operating
costs and debt service.
The town of Vail has been remarkably successful in creatively stimulating the development of
employee housing without incurring substantive public expense. Vail’s employee units save the
business community about $12.6 million per year in operating expense, generate nearly a quarter
million in sales taxes for the general fund, and allow the town to avoid a burdensome investment in
finding parking solutions for 1200 employees. Employee housing has provided the town a valuable
insurance policy during tumultuous economic times and demonstrated value during both rising and
declining economies.
No other mountain resort can claim this level of benefit with so little direct cost.
10/16/2012
INTRODUCTION
10/16/2012
BBC RESEARCH & CONSULTING INTRODUCTION, PAGE 1
INTRODUCTION
This study quantifies the economic costs and benefits of the town of Vail’s investment in employee
housing.
Background
The majority of Colorado resort communities have some form of employee housing stimulation or
development program. Some resorts marshal very aggressive housing efforts, offering multiple forms
of employee housing with financial support from ongoing general tax revenues as well as exactions
and fees placed on new development. Other communities support more modest programs, including
third-party efforts by not-for-profit organizations and grants or loans from state housing authorities
or federal programs. Employee housing provision comes by many names, including affordable
housing, workforce housing, community housing and deed-restricted housing.
Over a 30 year period, the town of Vail has constructed or caused to be constructed nearly 750 units
of deed-restricted, employee housing. In 1991, the town of Vail established the Vail Local Housing
Authority to better support, manage and promote Vail employee housing efforts. The town
acknowledged the community benefits of maintaining deed restricted housing with its adoption of
the 2008 Employee Housing Strategic Plan and in its ongoing commitment to employee housing
provision. For a number of years, the town has pursued a goal of providing deed restricted housing
for 30 percent of the community’s workforce through both public and private sources.
As of December 2011, the town of Vail managed, or otherwise assisted, 727 employee units,
providing in-town housing for approximately 1,600 employees. In addition, some local businesses
provide their own housing assistance privately, some Vail workers own their own homes and many
private owners rent units long-term to local employees.
Employee Housing Trends
During the mid 2000’s, a period of very strong resort economic expansion, employee housing was
largely viewed as a highly valued asset and a fundamental infrastructure requirement for the
functioning of the Vail resort community. This view is widely shared among Vail’s peer
communities. With the downturn in the economy, the production of employee housing associated
with new development has slowed, employment demands have diminished and private owners have
increased the supply of private rental units. Concurrently, as long time residents exit the workforce,
their personal housing is most often sold into the second home market. And, although housing rental
and ownership costs have declined in recent years, Vail’s private housing values remain unobtainable
for the great majority of local workers. Throughout the mountain resorts, policy makers are revisiting
the question of what constitutes an appropriate level of the community investment and what form of
housing represents the most valued community investment.
10/16/2012
PAGE 2, INTRODUCTION BBC RESEARCH & CONSULTING
Report Objectives
The objective of this analysis is to characterize and quantify the economic costs and benefits of Vail’s
employee housing for the community’s residents, property owners and businesses.
It is recognized that the benefits and costs of providing public investment in employee housing do
not fall evenly across all parties in the Vail community. As a result, it is difficult to make simple
pronouncements or calculations about the value of this type of housing. This report offers a
conceptual framework for identifying the community costs and benefits of housing, and ultimately
attempts to quantify the economic costs and benefits from multiple community perspectives. The
intention here is to bring objective information to ongoing community discussion about the value of
this investment and the issue as to whether employee housing remains an appropriate town
investment with acceptable community returns.
Report Organization
This analysis has three sections. An Executive Summary follows this introductory section. Section I
provides background data on Vail socioeconomic conditions and describes the current employee
housing situation, including a derivation of the number of local workers generated by Vail’s employee
housing infrastructure. Section II offers a methodological discussion and calculations of employee
housing value from different perspectives within the community.
10/16/2012
SECTION I.
Vail Demographic Data and
Employee Housing Inventory
10/16/2012
BBC RESEARCH & CONSULTING SECTION I, PAGE 1
SECTION I.
Vail Demographic Data
and Employee Housing Inventory
This section provides basic economic, demographic and employment data for the town of Vail,
which are used for cost and benefit calculations developed in Section II. An inventory, description
and accounting of Vail’s employee housing is also provided.
Vail Demographics
Based on the 2010 U.S. Census, the town of Vail has 7,230 housing units and a population of 5,305
residents. Approximately 2,604 units are occupied by full time residents Tenancy of these units is in
near even division between renters (1341 rental units) and owner occupants (1263 owned units). The
remaining units (4,626) are held for seasonal or occasional use, available for sale or rent, recently sold
or unoccupied.
A significant share of Vail resident households are occupied by retirees or persons employed elsewhere
in the country—skewing traditional worker per household ratios and similar measures. A 2008
presentation entitled “Shaping the Future of Eagle Valley,” prepared by the Eagle County Economic
Development Council calculated that 1,500 households in Vail have at least one locally employed
individual, which is in line with estimates derived from the town’s periodic household surveys.
Housing and population data from the town of Vail, U.S. Census Bureau and American Community
Survey are shown below.
Figure I-1.
Vail Housing and Population
Data
Note:
^ Census 2010.
^^ Town of Vail.
* ACS 2006-2010.
** ACS 2005-2009.
Source:
Vail PowerPoint Presentation, “Shaping the Future
of Eagle Valley”, January 17, 2008; Eagle County
Economic Development Forum ; U.S. Census 2010;
and American Community Survey 5-year estimates.
Category
Population5,305^
Dwelling units in Vail
Full-time occupied units2,604 ^
Owner-occupied (1,263)
Renter-occupied (1,341)
"Vacant" housing units4,626 ^
Seasonal units (3,840)
For rent or sale, sold or unoccupied (786)
Total dwelling units in Vail7,230 ^
Employee households in Vail1,500^^
Median household income$64,859*
Median rent$1,266*
Percent of renters paying >30% of income48.7%**
Data
It is noted that U.S. Census resort data—largely because of the April (off season) counting period and
the difficulties in determining tenancy characteristics of individual units—are often of questionable
accuracy.
10/16/2012
PAGE 2, SECTION I BBC RESEARCH & CONSULTING
Figure I-2 shows additional economic and demographic data that have been drawn from local surveys
and other town sources.
Figure I-2.
Vail Employment
Source:
Town of Vail PowerPoint Presentation,
“Shaping the Future of Eagle Valley”,
January 17, 2008.
Category Data
Number of jobs in Vail9,100
Average number of jobs per person1.3
Individuals employed in Vail7,000
Employees living in Vail30%
Employees living between Vail and Edwards34%
Employees living outside of Vail to Edwards36%
There is very little statistical data that fully captures socio-demographic changes occurring with the
recent economic downturn and Vail’s apparent economic resiliency in comparison with the rest of
Eagle County. The Eagle County Economic Development Council (ECEDC) reports that county-
wide employee counts declined 20 percent between 2008 and 2010. It is likely that the number of
jobs and the number of individual employees have declined from the levels suggested above, although
the strength of winter and summer tourism markets in 2010 and 2011 has likely helped Vail sustain
its employment base more effectively than the remainder of Eagle County.
The data in the above Figure I-2 suggests that roughly one-third of jobs in Vail are filled by Vail
residents and similar proportions are filled by persons either living between Vail and Edwards (34%)
or living elsewhere down valley (36%). Multiple job holdings are common and a large share of the
jobs in town pay entry level wages.
Vail Employee Housing Market Considerations
Vail employees live in private rental and private employee-owned housing units as well as a variety of
deed-restricted employee units. In addition, a number of businesses own or control rental housing
that they reserve for their own employees. As noted above, approximately 30 percent of Vail jobs, or
roughly 2800 positions, are filled by persons working and living in Vail. The remaining positions are
filled by employees residing elsewhere in Eagle or surrounding counties.
Deed-restricted employee housing. Figure I-3 on the following page documents the individual
projects that comprise Vail’s deed-restricted employee housing inventory.
In total, the community supports about 603 employee units and recent private development has
added an additional 124 dedicated units for a total of 727 deed-restricted employee units created by
town actions or regulations. When full, these units support an estimated 1,600 employees,
approximately 75 percent of which (1200 employees) work in Vail.1 Timber Ridge is the largest
employee project with 198, two bedroom units, often accommodating three or four workers per unit.
Conversely, some smaller projects are family oriented, with two or more bedrooms per unit but
supporting only one or two workers. The town added about 124 employee dedicated units through
development requirements associated with recent growth.
1 In 2007, the town of Vail surveyed a sample of housing residents, indicating that about two-thirds of housing residents
worked in Vail. Anecdotal data indicates that the loss of construction jobs has concentrated the percentage of Vail
employee housing residents who are also employed by Vail. This analysis assumes 75 percent of persons living in Vail
employee housing also work within the town of Vail.
10/16/2012
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10/16/2012
PAGE 4, SECTION I BBC RESEARCH & CONSULTING
Vail does not restrict its employee housing to Vail employees, although most residents who choose to
live in Vail employee housing are also employed at Vail businesses.
The key data drawn from the housing inventory, and used to calculate employee housing benefits, are:
The town of Vail owns, supports or maintains 727 employee dedicated units, housing
approximately 1,600 workers—about 1200 of which are employed in Vail.
Vail workers hold 1.3 jobs per worker,2 thus the 1200 Vail workers living in Vail employee units
will fill about 1,600 Vail positions (jobs), roughly 18 percent of the town’s estimated 9000 total
positions.
Approximately 90 percent of Vail deed-restricted employee housing are rental units. The
remaining 10 percent are deed-restricted for-sale units, which are often larger, multi-bedroom
projects designed for families and longer term workers. Both forms of housing are included in
this analysis.
Timber Ridge carries about $18.0 million in net long-term debt3. Rents from Timber Ridge
currently cover all operating costs and debt service.
It is most notable that Vail taxpayers have no ongoing out-of-pocket costs associated with the
development and operation of Vail employee housing. Individual projects are managed by
contractors and costs are covered by project rents. The modest administrative costs of supporting the
Vail Local Housing Authority are paid out of the town general fund.
The current housing associated debt service—approximately $18.0 million dollars, which is
associated only with the Timber Ridge Project—is technically an obligation of the Timber Ridge
Affordable Housing Corporation. The corporation continues to make all required monthly
payments.
Vail’s experience with deed-restricted employee housing is in notable contrast to many resorts that
more often rely on on-going sales or property taxes to support community housing operations or to
cover debt service and operational obligations.
Vail private market housing. As noted previously, about 70 percent of individuals employed in
Vail live outside of the town. About 30 percent of persons employed in Vail live in the town (some
2100 workers). Of these Vail employed and Vail housed workers, approximately 1200 individuals
(57%) live in Vail employee units, while the remaining 900 persons (43%) live in owner occupied or
rented units.
The availability of private residential units, whether for sale or for rent, is subject to many market
forces. The dynamics of the Eagle County and Vail private housing markets is complicated by the
shifting economics of long-term (employee) versus short-term (overnight guests) housing rentals and
the long standing disconnect between local wage and salary levels and Vail housing costs.
2 RRC Associates; Nexus Study, 2006
3 The Timber Ridge project has about $20.2 million in debt and nearly $2.0 million in available cash reserves. The town
manager reports that Timber Ridge revenues are covering all monthly debt service obligations but the project is below
certain debt to cash reserve requirements.
10/16/2012
BBC RESEARCH & CONSULTING SECTION I, PAGE 5
Private housing in Vail for employees is a critical element of the employee housing provision system
but also a very uncertain component of the long term employee housing stock. Some of the forces
narrowing the availability of Vail owner occupied and private rental housing include:
Some Vail workers live in their own privately-owned homes. In many instances these units were
purchased many years ago when prices were lower. As these residents leave Vail and sell the
residence it is likely that these units will convert to second homes and will be lost to the local
employee housing stock.
Despite the economic downturn and the general decline of housing values, Vail homes are still
far outside of the price range of local employees. The median price of a unit solid in Vail in
2011 was over $1.8 million. Even in most affordable Vail neighborhoods, the median sale price
in 2011 was over $400,000 and that would only purchase an older, one-or two bedroom
condominium unit. Even in challenging economic times, the private housing market can not
readily provide affordable housing for Vail employees.
The recent economic decline and the decline in resort home values were expected to produce
many new year-round rental units, effectively expanding the local employee housing stock.
Instead, changes in the cost of offering units to transient guests, the result of VRBO-like
(Vacation Rental by Owner) web access made transient rentals in many cases a more attractive
rental alternative and muted the transfer of units to long term worker rentals.
In sum, the private market is providing about 43 percent of the housing used by Vail residents who
are both working and living in Vail. This housing stock is likely to decline in number overtime as
owner occupied units are sold and transferred to second home use. Despite lowered prices,
acquisition of private homes by Vail workers is still largely infeasible. The recent economic downturn
undoubtedly added to the local housing rental stock, but it did not dramatically increase the market
or significantly change rental prices, as many owners chose to rent to transient guests rather than long
term employee residents. The town of Vail and the Vail Local Housing Authority reports strong
demand for family oriented, for-sale units that would allow workers and their families to stay in Vail
and maintain the community’s family presence, fill volunteer positions and support a diverse, year
round community,
Nearly 60 percent of Vail worker-residents are housed in deed-restricted units and Vail’s deed-
restricted units, both rental and for-sale projects, have maintained high occupancy rates, which is
evidence of their value and desirability.
In essence Vail’s deed-restricted housing has proven an effective insurance policy for worker
availability during both periods of both prosperity and decline. The town policy to expand the supply
of more family and deed-restricted for-sale units is likely the next evolutionary step of this program.
10/16/2012
PAGE 6, SECTION I BBC RESEARCH & CONSULTING
Vail Employee Housing Rental Rates
The majority of Vail employee units are designed to serve a transient rental workforce and to provide
clean, safe, convenient and functional housing. Employee housing is generally less expensive than
open market housing but formal comparisons are difficult because the wide variation in size, location,
capacity and finish in private market units. Most Vail employee housing does not have limits on
resident income, although the Vail Middle Creek project is a private development using state and
federal mortgage funds that require occupancy by moderate income households. The most recent
Vail employee housing rental rates for Middle Creek and qualification criteria are shown below.
Figure I-4.
Rental Rates and Income
Restrictions, Effective July 15, 2011
Note:
* Combined incomes.
Source: Middle Creek Village, Vail Local Housing Authority
Unit Type
Studio:883$ 1,500$
One bedroom:941$ 1,600$
Two bedroom:1,122$ 1,800$
Three bedroom:1,969$ 3,000$
2,093$ 3,000$
2,160$ 3,000$
1 person, living alone 36,360$
2 persons sharing unit *41,580$
3 persons sharing unit *46,740$
4 persons sharing unit *51,960$
RentDeposit
Income restrictions for studio, one and
two bedroom units (60% of AMI):
Generally, Vail employee units are in high demand and have low vacancy rates, suggesting units are
scarce and highly valued in the market place. In summer, vacancies rise but even over the last few
years, the units have remained at or near capacity during ski season and have continued to meet
financial requirements. All of the for-sale, deed-restricted housing is occupied. Representatives of
Polar Star Properties, which manages a number of Eagle County rental complexes, reports that
average rents on a per square foot declined 16 percent (Eagle County) between 2007 and 2011.4 The
project management company also indicated that summer 2011 vacancy rates, elsewhere in the
Valley, were high. Conversely, the town of Vail representative reports that all available Vail employee
housing are fully occupied for the 2011-12 ski season.
4 Gerry Flynn, Eagle County Economic Development Council, Quarterly Newsletter 2011.
10/16/2012
SECTION II.
The Economic Value of Employee Housing
10/16/2012
BBC RESEARCH & CONSULTING SECTION II, PAGE 1
SECTION II.
The Economic Value of Employee Housing
This section describes analytical options considered for this analysis. Methodological assumptions
used in the Vail analysis are documented and calculations presented describing the economic value of
Vail’s investment in employee housing.
Methodological Options
There is no generally accepted methodology for calculating the economic value of affordable housing.
BBC’s investigations uncovered only a few studies that attempted to measure the economic impact of
employee housing and most were conducted in traditional urban settings with very different
economic conditions. A few illustrative examples are highlighted below.
Minneapolis & Saint Paul Studies
A 2001 report by Maxfield Research Inc. and GVA Marquette Advisors on the Twin Cities of
Minnesota estimated the economic value and return on investment in workforce housing by
calculating the increased consumer spending, business income and construction activity associated
with the subject households. The analysts considered all workforce households employee housing as
new residents to the community and then multiplied this new household figure by the average
gross income for the workforce household. This figure was then multiplied by the percent of
income each household spent in the local economy and the share spent in the Twin Cities.
The Twin Cities study explains that the lack of workforce housing negatively impacts the
productivity of the local businesses. The study assumes that each additional worker will add a
certain additional business production value to the local economy. To find the increase in
business income added by new workforce households, the report multiplies the number of new
workers by the business income per worker. Finally, the report adds in the projected gains related
to the construction of the workforce housing units. The projected increase in local construction
wages added to the projected increase in government fees and tax assessments contribute to the
positive economic impact due to new construction of the units.
When the figures of consumer spending, business income and construction gains are added together,
the report finds the total economic benefit of adding new workforce housing units to the market. The
model calculates the projected economic return over 15 years and divides this figure by the total
estimated development cost to build the units to determine a return on investment (ROI). The
calculations suggest an ROI ranging from 2.22 to 8.13.
Portland and Oregon state workforce studies
The Workforce Housing Report of Central City, Portland by GVA Marquette Advisors takes a
similar approach towards valuing the economic impact of workforce housing as the Twin Cities
study. However, instead of assessing the value of consumer spending and business income, the
Portland report uses IMPLAN software to measure the direct, indirect and induced impacts of
construction activity and the impact of the addition of new households. The model divides this
economic return by the public cost of constructing the workforce units, with and without
subsidies, to calculate the return on investment in workforce housing.
10/16/2012
PAGE 2, SECTION II BBC RESEARCH & CONSULTING
The study finds that the 20-year return on each dollar spent is $2.73 when the city is paying the
full cost of development. When the city provides a subsidy to private developers, the 20-year
return on investment is $12.55 for each dollar invested.
Using a similar IMPLAN methodology, the Oregon Housing and Community Services (OHCS)
studied three housing developments in Oregon to indentify the economic impacts of project
investment. The study used IMPLAN to calculate the associated impacts of constructing the
housing developments. The figure does not illustrate the potential of private investment coupling
with the public funds, typically $5-$7 per state agency dollar. This private investment boosts the
economic impact of $10 to $15 per OCHS dollar invested.
Although IMPLAN modeling and similar business activity measure analysis are legitimate
approaches, the other housing studies identified failed to acknowledge that absent employee housing
other beneficial development might occur. This potential substitution issue is one characteristic that
sets Vail apart from most traditional economies. Similarly, a Vail study should acknowledge that Vail
workers still have other options for housing even if those options are more expensive or less
convenient. In our view, the practical value of Vail housing is best expressed as the savings incurred
by housing residents and local businesses because Vail businesses did not have to incur the additional
costs of luring new workers from remote housing.
BBC Approach
Vail has invested in employee housing as a means of ensuring the availability of a functional and
reliable workforce in an area where private land and construction costs limit the private market’s
ability to produce affordable worker housing. This study incorporates six key assumptions regarding
employee housing and its impact on the unusual economies of mountain resorts.
(1) The economic value of employee housing in Vail will vary by the perspective of the
individual, business interest or taxpayer considering the issue.
The economic value of employee housing to a worker, who is relieved of a lengthy and costly up-
valley commute, is different than the value received by an adjacent home owner with concerns
about neighborhood congestion. Similarly, the value of employee housing to a tax-paying second
home owner may be perceived very differently than the value of the same units to a local
employer, who might otherwise be unable to secure a necessary work force. All of these varying
perceptions of value are reasonable and valid. Employee housing has costs and benefits that are
not evenly distributed throughout the Vail or Eagle County community. This disparate
distribution of costs and benefits is true for most public investments, including parks, recreation,
public parking and basic services such as police and fire protection.
The objective of this report is to fully represent costs and benefits of the community’s employee
housing investment and the distribution of costs and benefits among various communities of
interest within the broader Vail community.
(2) Without employee housing, Vail businesses would still attract workers but attraction and
retention would be more expensive, employee turnover would be higher, and employee
flexibility and willingness to work irregular hours or multiple jobs diminished.
10/16/2012
BBC RESEARCH & CONSULTING SECTION II, PAGE 3
Many studies calculate the value of employee housing with an assumption that without such
housing, workers would be unavailable. This study assumes that, “but for Vail housing,” workers
could still be found but employees would require higher wages to compensate them for at least
the lost time and new commuting expenses. In addition, businesses would incur higher costs for
retention and training of employees, and to provide full services despite reduced multiple job
holding by local employees.
(3) The provision of affordable employee housing requires some form of public investment,
which implies that tax payers—or some subset of tax payers—are, in some degree, paying
for this amenity.
Employee housing requires some form of public or private subsidy in order to produce housing
below private market costs. Although Vail has done a notable job at stimulating employee
housing with very little general public expense, any public subsidy implies that some community
interests pay and other interests benefit. For instance, if the town were to buy land and donate it
toward the creation of employee housing, the local taxpayers in the community would subsidize
the project in proportion to each taxpayer’s local tax contribution and a separate set of employee
residents and commercial businesses would be the direct beneficiaries.
Sometimes that subsidy is direct and clear—e.g. the town’s acquisition and donation of land.
Sometimes that subsidy is less obvious—when the community attracts state or local financial
support or housing is exacted from new development.
(4) The presence of employee housing alters the local housing market with implications for the
provision of a high level of guest services and Vail’s position in the larger competitive resort
marketplace.
Vail is a successful resort in part because employee housing contributes to the ability of public
and private enterprises to attract and retain a high quality, stable workforce at reasonable wage
levels. Employees value local housing because it reduces travel time and costs and reduces the
uncertainty, cost and difficulties of procuring housing in the Vail Valley and generally improves
the quality of life. The economic value of employee housing is also represented in part by the day
to day enhanced quality of service that distinguishes the Vail guest experience. Additionally,
with the provision of workforce housing, Vail is better able to compete against other resorts,
some of which have very extensive housing programs, for the best workers. The presence of
employee housing has value to Vail businesses and thus indirectly benefits visitors, second
homeowners and residents who use public and private services, ski on Vail Mountain or dine in
area restaurants. These benefits are largely unquantifiable.
Conversely, the provision of housing alters the local private housing market. Arguably, public
investment in housing in part shifts the cost burden of attracting workers away from those
enterprises that require a large workforce and thus makes a private expense a shared community
costs. This is the dilemma of all public services. Economic purists would suggest that inaccurate
pricing inevitably leads to misplaced investment. Arguably, the presence of lower cost employee
housing reduces overall wages and damages those property owners who would otherwise put
private rental units on the market. Similarly, inclusionary zoning, and the requirement of new
development to provide housing, contributes to the higher costs of development, which distorts
land values, raises the cost of new projects and reduces development innovation and
experimentation.
10/16/2012
PAGE 4, SECTION II BBC RESEARCH & CONSULTING
(5) The provision of employee housing can displace other forms of development, which under
many circumstances may be of higher economic value.
In recent instances, employee housing in Vail is required of new development and thus the town
foregoes the potential benefits of additional private accommodations and thus the visitor
spending and tax receipts associated with private residential accommodations. Resort towns are
unusual in that high value private housing induces a high level of retail sales and thus any
reduction in private market development, or substitution of high value for lesser valued
residential units, can be a costly “investment”.
A share of existing Vail employee housing was developed by way of zoning requirements placed
on new development. Arguably, if not for town housing requirements, some employee units
would likely have been replaced by private units, which would have produced higher levels of
town tax income, increased the original value of the underlying land, and increased developer
profit and/or reduced the cost of the other private units in each development. On the other
hand, the town requirements that require on-site employee units most often also afford the
developer additional density to accommodate those employee units, thus employee and open
market units are not readily transferable. The economic loss suffered by developers because of
employee requirement varies based on other site constraints and decisions about on-site versus
off-site development.
(6) The economic value of employee housing is not consistent from year to year—it varies
considerably depending upon background economic conditions.
By way of example, in 2007-08, there were more Vail jobs than available workers and the
lack/cost of housing might have been the weakest link in the local resort economy. Although
consumer demand was strong, the local business community was hamstrung by the lack of
available workers and service quality diminished. Private housing was largely unavailable and/or
very expensive. Under these circumstances, dedicated employee housing was extremely valuable.
Two years later, in 2009-10, the situation reversed and jobs were scarce and public and private
housing was relatively plentiful. Additional private units came into the rental market. Yet, in
2011, Vail employment demand rebounded, summer business was strong and there was virtually
no vacancy in Vail employee housing for the 2011-2012 winter season.
In sum, there is no single perspective or single value that can be placed on a public investment in a
shared good, such as employee housing. It is a complicated equation. Nevertheless, faced with
ongoing community investment decisions, exploring the question and attempting to illuminate the
issue, is a necessary exercise.
10/16/2012
BBC RESEARCH & CONSULTING SECTION II, PAGE 5
Direct Economic Value of Employee Housing
Considering all of the varying perspectives on employee housing and the many trade-offs that come
with public intervention into the private market, BBC offers the following cost benefit calculations.
Figure II-I shows the conceptual economic impacts of Vail employee housing as experienced by the
three major components of the Vail economy: Employees, Business, and Government.
Figure II-1.
Direct Impacts of
Vail Employee Housing
Source:
BBC Research & Consulting, 2012
As noted previously, the value of employee housing is best measured by the reduced costs of business
associated with a flexible, available and reasonably priced workforce.
Vail employees and businesses. Resident employees enjoy the most immediate and direct
benefits from the availability of Vail employee housing, by the avoidance of the more costly
alternative of a lengthy down valley commute. Cost of living savings include: reduced costs of
housing, reduced costs of travel and the value of increased time availability. Many resort workers hold
more than one job allowing increased earnings, a practice that is facilitated by convenient, local
housing. Vail businesses benefits in the same manner as employees. If, hypothetically, the 1,200 Vail
housed and Vail employed workers1 were forced to live down valley and commute, Vail businesses
would have to increase compensation to re-attract these workers.
The attached Figure II-2 shows the assumptions and values underling the calculation of Vail’s
employee housing investment as experienced by Vail workers and Vail businesses. These calculations
demonstrate that each Vail housed Vail worker represents an economic benefit of about $10,530 per
year for a total annual economic benefit of about $12.6 million dollars per year ($10,530 x 1,200
workers). This benefit is shared between Vail businesses, which enjoy lower labor costs and Vail
workers who have lower operating costs, increased time and increased flexibility.
1 Figure I-3 Section I
Direct Impacts of Vail Employee Housing
Vail
Businesses
Positive:
Employee cost savings
–Wages and salaries
–Training/turnover
–Skills and quality
of labor force
–Eco bus pass
Additional local
spending by
employee residents
Vail
Employees
Positive:
Reduced cost of living
–Rents
–Commute time
–Commute costs
Ability to hold
multiple jobs
Town
Government
Positive:
Employee cost savings
–Wages and salaries
–Training/turnover
–Skills and quality of
labor force
Reduced parking,
construction and
operational costs
–Capital investment/risk
–Bond risk
–Lost opportunity for
higher valued
development on town-
owned property
Negative:
10/16/2012
PAGE 6, SECTION II BBC RESEARCH & CONSULTING
Figure II-2.
Employee Cost Assumptions and Calculations
Source: BBC Research & Consulting, 2012
Additional benefits, but of a lesser value, accrue to workers who reside in Vail housing but are
employed elsewhere in the county. Anecdotally, it is reported that many of these workers started with
Vail jobs but eventually took promotions or new positions elsewhere in the county. Others have
summer jobs outside of Vail, often in construction, and retain their Vail housing with the expectation
of returning to a Vail position in the following winter. Because these workers are not immediately
contributing to the Vail economy they are not considered a return on Vail’s housing investment.
Vail businesses. Without employee housing, Vail businesses would have to raise employee
compensation levels to cover the higher costs of remote employee housing and employee
commuting expenses2.
In practice, local businesses experience additional benefits. BBC has identified three categories of
business operational savings associated with local employee housing.
Savings associated with reduced pressure on wage and salary levels. Vail businesses save the
cost of providing higher wages that would otherwise be necessary to attract Vail’s workforce from
more removed communities where housing is available. These savings are already counted as an
employee benefit.
2 This calculation assumes a reasonable equilibrium between supply and demand for employees. In years where job
opportunities are plentiful, such as 2007, employees would have to raise wages more to entice down valley workers to Vail
jobs. In years when jobs were scarce, such as 2010, far less inducement would be necessary.
Additional travel time:45 min. per day @ $12 per hour $9.00 per day X 200 days $1,800 per year, per employee
Additional travel costs:20 miles per day @ 52¢ per mile$10.40 per day X 200 days $2,080 per year, per employee
Additional housing costs $75per month, per employee $900 per year, per employee
$2,000 per year, per employee
$2,000 per worker
$1,750 per worker
Employee Savings
=
=
Eco bus pass =
Additional Employer Costs
At a minimum, Vail employers would have to raise wages and salaries to compensate employees for the additional
costs associated with living down valley.
Total Employee and Employer Savings = $10,530 per employee
New Employee Compensation = $4,780 per employee
New Employer Costs = $5,750 per employee
Employee turnover/ training/quality
Reduces multiple job holding; increases employee hiring requirements
Employers relying on a commuting work force would face additional training and hiring costs and would likely share
in the additional cost of ECO bus passes.
=
=
=
=
=
10/16/2012
BBC RESEARCH & CONSULTING SECTION II, PAGE 7
Savings associated with reduced requirements for public and private investment in
parking and transportation. Commuting workers experience higher travel costs and
must be able to access local parking or functioning mass transit. In addition, most
businesses would pay for an ECO bus pass, or at least subsidize that pass, in order to
enhance worker reliability. Monthly bus pass costs range up to $200 per month
depending on the residence destination. We assumed partial subsidy by employees of
$1750 per year per pass.
Savings associated with enhanced worker availability, quality and reliability. A lengthy
commute to what is often poor housing contributes to absenteeism and worker dissatisfaction,
especially in a challenging environment where traffic conditions and travel times can be
uncertain. Vail businesses save by experiencing reduced worker turnover, reduced business
disruption due to delayed or absent workers, greater business flexibility because of worker ability
to commit to part time positions or irregular hours and reduced employee training costs. We
assume that local employee housing saves $2,000 per resident worker in reduced turnover and
training costs.
As noted above, BBC estimates that each Vail-based worker using Vail employee housing represents a
savings to Vail businesses of about $10,530 per employee or $12.6 million per year.
Increased spending by employee-residents. Employees residing in town also tend to purchase
daily goods and services in town and frequent Vail restaurants, bars and entertainment. The value of
this local spending can be derived by calculating the percent of worker income spent on local goods
and services, and estimating a Vail capture rate. Local employee spending in Vail as a result of Vail
employee housing is documented below.
Figure II-3.
Vail Retail Spending by Employees
Lodged in Vail Employee Housing
Source:
BBC Research & Consulting.
BBC estimates that in addition to the savings realized by Vail businesses, Vail retailers would garner
approximately $6.0 million in additional retail sales, which represents an additional $240,000 in
annual sales tax receipts (at 4.0%).
Categor
Employees in Vail employee housing1,600
Average annual income 30,000$
Total employee income 48,000,000$
Percent spent on retail 25%
Amount spent on retail12,000,000$
Percent spent in Vail50%
Amount spent in Vail 6,000,000$
Amount of retail spending per employee$3,750
Value
10/16/2012
PAGE 8, SECTION II BBC RESEARCH & CONSULTING
Vail Government. It should be noted that the town is also a business with the same employee cost
and challenges as a private entity. To the degree that workers housed at Vail employee housing are
also town workers, cost avoidance benefits will be roughly the same for both public and private
sectors. More problematic, if employee housing were unavailable, there would be pressure on the
town to create additional parking to accommodate the 1,200 or so additional workers who would
have to commute into the community each work day or evening.
Assuming 50 percent of these workers would take the ECO bus, or utilize parking provided by
employers, and that then new bus riders could be accommodated without significant cost to the
community, about 600 new workers would drive to town. Further, assuming two workers per car and
.75 parking spaces per vehicle (assuming job time shifts), the town would require 225 new parking
spaces in order to maintain current parking standards. Structured parking in Vail costs about
$40,000 per space. Assuming a physical solution could be devised, accommodating additional
parking demand would cost at least $9.0 million. Operating costs of the structure would be in
addition to capital costs and employees are unlikely to pay the kind of rates currently in effect, thus
suggesting an ongoing operating loss.
Currently some businesses provide employee parking (e.g. town offices, hospital) but on-site parking
options have largely been exhausted and new employees would have to be accommodated in new
public parking facilities or compete for existing parking spaces.
Avoiding pressures on parking is a strong argument in favor of employee housing but in all
practicality, developing new structured parking for employees is an unlikely practical solution. In a
reasonable “no-housing” hypothetical, rather than create parking, the town would be more likely to
press Eagle County to increase bus service and perhaps expand in-town operations. As described
above, employers would be saddled with the additional costs of attracting workers and all the
attendant problems of employee turnover and decreased service levels associated with a lengthy bus
commute.
In sum, we see three measures of employee housing value, as shown in Figure II-4.
Figure II-4.
Summary: Valued
Vail Employee Housing
Source:
BBC Research & Consulting.
CategorValue
Business costs avoided$12.6 million per year
New retail spending$6.0 million in annual retail
sales($240,000 in sales tax
@ 4.0%)
Parking expansion$9.0 million
10/16/2012
BBC RESEARCH & CONSULTING SECTION II, PAGE 9
Other Perspectives
The provision of employee housing also has broad economic consequences for all Vail property
owners, visitors and residents. These are summarized in Figure II-5.
Figure II-5.
Perspectives on Vail Employee Housing
Residential property owners. As noted in the above Figure II-5, property owners seeking to rent
privately owned residential units currently have to compete with employee housing, although that
public subsidy is arguably small. Currently, the presence of 727 units of lower priced housing
probably dampens the potential rental value of individually owned rental units.
Conversely, all residential property owners benefit because exaction requirements on new or
remodeled housing drives up the cost of new units, effectively pulling up the price of all units.
Further, all property owners benefit from a well functioning resort and positive guest experience.
Commercial property owners. All commercial property owners are generally benefited by
community investment in employee housing as it increases the costs of potential new competition,
because of the inclusionary zoning and commercial linkage requirements, and reduces the labor costs
of operations for commercial tenants.
Land owners. Land owners, properties with redevelopment potential, and developers are burdened
by inclusionary zoning and commercial linkage and employee housing requirements as they bear an
immediate cost for maintaining the town’s housing stock.
Other Perspectives on Vail Employee Housing
Private Rental
Property Owners
Negative:
•Subsidized
Competition
All Residential
Property Owners
Positive:
•Increased cost of
competitive
new developments
All Commercial
Property Owners
Positive:
•Increased cost of
competitive
new development
Land Owners
and Developers
Negative:
•Increased cost of
competitive new
development
Positive for all:Increased functionality of the resort
Improved visitor experience
10/16/2012
PAGE 10, SECTION II BBC RESEARCH & CONSULTING
Vail—The Resort Economy
Finally, and perhaps most importantly, employee housing presents wide spread general benefits to all
property owners, residents, visitors and second home owners who have a stake in the success of Vail.
Generally, a reasonable quality of life for residents, the possibility of professional advancement and
homeownership, reduced commuting times, year-round presence of residents and cost savings, all add
to a more stable employee base and a better functioning community, which results in:
An improved guest experience—the most basic product sold by Vail;
Better positioning against other resorts competing for a quality workforce;
Reduction in the seasonality of local businesses;
Increased vitality, diversity and authenticity for the town;
Increased community participation (e.g., volunteer activities, town boards); and
Enhanced ability for younger residents to stay in Vail and grow into higher-level
employment and community leadership positions.
Opportunities for families to remain in Vail and raise a generation of new Vail residents,
support local schools and create a critical mass of residents, which would all be jeopardized
without the town’s support of deed-restricted for-sale housing in addition to rental units.
A better community with a more stable and participatory workforce translates into better guest
services. Visitors value their interaction with local residents. Workers who enjoy their town and
communicate pride in their community help create the experience that differentiates engaging resort
communities from branded commercial resorts. As the community matures many long time residents
will retire and their homes will likely transfer into second home status, further eroding the town’s
private housing stock. The economic value of employee housing will grow as private ownership stock
is diminished and the diversity of employee housing, including additional deed-restricted family and
for sale units, expands.
In sum, over a two decade period, the town has created an enviable employee housing stock with very
modest costs to the general taxpayers. Operation of the town’s 727 units puts no burden on the
general fund. The Timber Ridge project, the town’s largest investment has some remaining financial
risk, but it is still operated under contract by a private entity and current rents cover all operating
costs and debt service.
The town of Vail has been remarkably successful in creatively stimulating the development of
employee housing without incurring substantive public expense. Vail’s 727 employee units save the
business community about $12.6 million per year in operating expense, generate nearly a quarter
million dollars in sales taxes for the general fund, and allow the town to avoid a burdensome
investment in finding parking solutions for 1200 employees.
10/16/2012
M EMORANDUM
To: Nina Timm, Housing Coordinator, Town of Vail
From: Andy Knudtsen and David Schwartz, Economic & Planning
Systems
Subject: Chamonix Market Update
Date: February 28, 2011
Background
The Town of Vail considers the Chamonix site in West Vail a component
of a larger strategy to address affordable housing needs in the
community. The site has the potential to hold approximately 58
dwelling units and would expand the inventory of affordable housing
within the Town. The elected officials believe that additional housing will
enhance the sense of community by providing homeownership
opportunities to local residents and improving economic vitality by
expanding the pool of employees available to local businesses.
In 2008, Economic & Planning Systems (EPS) provided a market
analysis of the conceptual development plans for the site. The report
included an evaluation of the market trends, an assessment of the
position the site holds within Eagle County market, and a review of the
site’s competitive advantages and disadvantages. The market, however,
has changed since that time. This memorandum provides an overview of
updated market findings relevant to supply and demand conditions of
the Eagle County market.
Methodology
EPS conducted its analysis by focusing on the broader market trends
and focusing in on specific relevant market segments. The following
methodology was used and outlines the content of this memorandum:
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• 3 Geographies: EPS identified areas within the County as having the following sales
locations:
o Upper Valley: Booth Creek, Cascade Village, East Vail, Highlands Meadows,
Lionshead, Potato Patch, Sandstone Lionsridge, Spraddle Creek, Valley Ridge at
Vail, Vail Golf Course, Vail Village, and West Vail.
o Mid Valley: includes Arrowhead, Avon, Bachelor Gulch, Beaver Creek, Berry
Creek Ranch, Cordillera, Eagle Vail, Edwards, Homestead, Lake Creek Valley,
Minturn, Mountain Star, and Wildridge and Wildwood.
o Lower Valley: includes Cotton Ranch, Eagle, and Gypsum.
• 3 Time Periods: EPS identified periods of time over the past six years that represent
distinct periods:
o 2004-2008: During this period in Eagle County, the market continued its
upswing in average sales prices and maintained its volume:
o 2009: Generally, 2009 saw a major decrease in average sales prices and a
contraction in volume of activity;
o 2010: During this year, the market began to recover and stabilize. Average
prices in parts of Eagle County climbed again, and volume increased over 2009,
but did not return to the volume before 2008.
• 3 Price Bands: Within the geographies and periods of time, three price bands are relevant
to understanding where the market is today:
o Under $438,000: was identified as the conforming loan limit of approximately
$418,000 plus an estimated five percent that a buyer would have available for a
down payment;
o Between $438,000 and $600,000: was identified as the next band of price
points, which identifies an upper threshold for other local buyer products; and
o Sales above $600,000: was identified as a separate price band to isolate
products purchased by second-homeowners or out-of-state buyers.
Demand Conditions
Employment and wage information comes from the Bureau of Labor Statistics (BLS) and the
Bureau of Economic Analysis (BEA). The BLS data identify trends and conditions of wage and
salary positions through the second quarter of 2010. Data from the BEA identify counts of both
wage and salary jobs and sole proprietors through 2008. Due to the comprehensive nature of
BEA data, the lag time is greater. EPS has used the most comprehensive data available from
these sources for this report.
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Employment & Wages
Major losses in employment have been sustained nationally, regionally, and locally. In resort
economies, such as Vail’s, significant losses have occurred in the construction industry.
• Total wage and salary employment in Eagle County as of 2nd Quarter 2010 is 28,000
jobs. This is a 13 percent contraction from its peak in 2008. In 2008, as illustrated by
Figure 1, wage and salary positions totaled more than 32,000 jobs.
• While construction has lost 2,500 jobs since 2007, approximately 2,500 jobs were
gained since 2000 netting out the losses. Although employment levels have returned to
their 2000 level, the losses of the construction industry have been netted out by the gains in
other industries. Industries with the largest gains since 2000 were:
o Health Care and Social Assistance industry added 600 jobs;
o Arts, Entertainment, and Recreation added 700 jobs; and
o Accommodation and Food Services, though it sustained losses off its 2008 peak,
added nearly 700 positions.
• From 2000 to 2008, while wage and salary employment increased at an annual rate
of 1.7 percent, the number of sole proprietors increased at a rate of 4.4 percent. In
Eagle County, sole proprietors account for approximately 23 percent of the total workforce,
as illustrated in Figure 2. In 2000, there were approximately 8,700 proprietors, and by
2008, the total had increased to more than 12,200, an increase of more than 40 percent.
o Though data will not be available for nearly two years, it is likely that the number
of proprietors also contracted from 2008 to 2010. Assuming a uniform 13 percent
contraction, the estimated 2010 total of proprietors would still be 23 percent
higher than it was in 2000.
• Adjusted for inflation, average county wages have fallen 12 percent since 2008 and
are 1.7 percent lower than real wages were in 2000.Similar to the wage and salary job
trends; overall wages for the County have contracted since 2008 as illustrated by Figure 1.
• Future economic trends must be tracked closely. While some data show that the
economic recovery has been established in some markets across the country, the trends are
not evident in Eagle County at this time. EPS research conducted for higher-priced inventory
shows that a correction occurred in mid-2010. This correction may signify the return of
higher income buyers and part-time residents, and may signify a return to a normalized
Eagle County economy.
The Town of Vail should track a range of metrics and measure the rate of recovery and the
degree to which the market indicators move into historic ranges, when performance was
strong. If the market does not continue to solidify, the Town is advised to proceed with this
development slowly and with clearly identified exit strategies.
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Market Conditions
Housing market conditions and trend data come from the regional Multiple Listings Service
(MLS). Data have been analyzed from the first quarter 2004 through the fourth quarter 2010.
Sales Volume
As described previously, the construction industry contracted approximately 50 percent from its
peak in 2007. Similarly, the volume of housing sales contracted 48 percent after 2007, as
illustrated in Figure 3 and in Table 1.
• Sales volume in 2010 was 757, or 54 percent of average annual volume from 2004
to 2008. From 2004 to 2008, average annual activity was 1,412 units. In 2009, volume
decreased more than 64 percent to 504 units sold, or 36 percent of previous levels. In 2010,
sales volumes have increased most in the Upper Valley, followed by the Mid Valley and Lower
Valley respectively.
o In 2010, there were 243 sales in the Upper Valley. A majority of the
increase in activity was due to increased activity at prices above $600,000. The
volume for units priced below $438,000 was 37 units.
o In 2010, there were 354 sales in the Mid Valley. A large increase in volume
came from the sale of units priced below $438,000. Sales volume at this price
point was 93 units.
o In 2010, there were 160 sales in the Lower Valley. Most of the activity is
due to units priced below $438,000. Volume at this price point was 107 units.
Price Trends
Sales price trends in Eagle County have fluctuated widely in the past few years. On a per-
square-foot basis, average prices peaked in late 2008 in each of the geographies, as illustrated
by Figure 4.
• Average prices in the Upper Valley are currently $900/sqft. This is a contraction of 34
percent from their 1stquarter 2009 peak to the 1stquarter 2010. Average prices (of attached
and detached product) in the 1stquarter 2009 had increased to $1,100/sqft, or 155 percent
over their 1st quarter 2004 average of $430/sqft. In 2010, Upper Valley sales have increased
by 23 percent above the 1st quarter 2010.
• Average prices in the Mid Valley are currently $430/sqft. This is a contraction of 25
percent from their 3rd quarter 2008 peak. In the 3rd quarter 2008, prices had escalated to
$574/sqft or nearly 60 percent above the 1st quarter 2004 average of $365/sqft.
• Average prices in the Lower Valley are currently $190/sqft. This is a contraction of 26
percent from their 2nd quarter 2008 peak. In the 2nd quarter 2008, average prices had
increased 46 percent to $255/sqft over the average of $175/sqft in 2004.
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Chamonix Market Study Update Page 5
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Units Priced Under $438,000
Using the conforming loan limit of $417,500 and assuming a five-percent downpayment, EPS
assessed the market for units priced at $438,000 or lower, as shown in Figure 5.
• Sales volume in 2010 was 237, or 31 percent of the total market. Today’s volume is
54 percent of the average annual volume at this price point for the period 2004 to 2008.
During the contraction in 2009, volume dropped to 154 units.
o In the Upper Valley, there were 37 sales in 2010 at this price point. This
is a decrease from the average 70 units sold per year from 2004 to 2008, but an
increase over the 27 units sold during 2009.
o In the Mid Valley, there were 93 sales in 2010 at this price point. This is a
decrease from the average 199 units sold per year from 2004 to 2008, but an
increase over the 51 units sold during 2009.
o In the Lower Valley, there were 107 sales in 2010 at this price point. This
is a decrease from the average 203 units sold per year from 2004 to 2008, but an
increase in the 76 units sold during 2009.
• Sales prices per square-foot in 2010 averaged $237 for all geographies at this price
point. From 2004 to 2008, average prices per square foot were approximately $262 at this
price point.
o In the Upper Valley, prices average $385 per square-foot in 2010.This is a
decrease from the average prices in previous years. From 2004 to 2008, prices
averaged $393, and in 2009, prices averaged $478 on thin volume.
o In the Mid Valley, prices average $266 per square-foot in 2010. This is a
decrease from the average of $281 from 2004 to 2008 and a decrease from 2009,
which was $292 per square-foot.
o In the Lower Valley, prices average $186 per square-foot in 2010.This is a
decrease from average prices from 2004 to 2008, which were $198 and $203 in
2009.
Conclusions
• Absorption. EPS believes the most comparable set of sales reflect those in the lowest price
point, located in the mid valley. If the Town can capture 10 percent of this sales volume (93
sales per year), it can sell approximately 9 units annually, based on the performance of this
submarket in 2010. If the Town can capture 5 percent of all Eagle County sales at this price
point and below (237 sales), annual sales rates translate to approximately 12 units. These
capture rates will drop when the Town performs a more refined segmentation analysis and
narrows the proposed price banding. As the Town refines its development program and
proposed pricing, it should further segment these sales records to understand pricing
tolerances of the market and the segment which will receive the greatest demand.
• Price Points. Recent sales at this price point indicate that most occur in the Mid Valley
between $200/sqft and $350/sqft. This accounts for all ranges of products and all ages of
structures. The data indicate that these units are relatively old (built in the early 1990’s) and
with an average size of approximately 1,200 square feet. It is recognized that the Town
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Memorandum February 28, 2011
Chamonix Market Study Update Page 6
20908-DM-030111
could likely build larger product and the corresponding price per square foot will drop. EPS
has established a price and size ratio, as depicted in Figure 7, which provides the
parameters for pricing relative to square footage.
• Competitive Position. Locations up valley will command a premium toward the higher end
of this range, as will new product. Both will make the project compelling. Although a deed
restriction will negatively impact the potential price point, it will not outweigh the premiums
for location and new structures.
10/16/2012
Figure 1
Wage & Salary Employment
Vail Chamonix Market Study Update
Figure 2
Total Employment
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Vail Chamonix Market Study Update
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Figure 3
Total Sales Volume by Price Category
Vail Chamonix Market Study Update
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Table 1
Sales Statistics by Time Period
Vail Chamonix Market Study Update
Upswing:Contraction:Stabilization:Upswing:Contraction:Stabilization:Upswing:Contraction:Stabilization:
2004 to 2008200920102004 to 2008200920102004 to 200820092010
Upper Valley
Less than $438,000$393$478$385702737856832953
$438,000 to $600,000$480$458$4235113231,2081,2381,356
Greater than $600,000$933 $826 $1,067 187 86 183 2,465 2,541 2,610
Subtotal$735$714$9023081262431,8892,0402,239
---97%123%---41%79%---108%119%
Mid Valley
Less than $438,000$281$292$26619951931,1831,2291,208
$438,000 to $600,000$361$304$29711627421,6681,8142,005
Greater than $600,000$566 $504 $516 447 181 219 3,436 3,817 3,837
Subtotal$461$441$4247622593542,5793,0982,929
---96%92%---34%46%---120%114%
Lower Valley
Less than $438,000$198$203$160203761071,6081,6971,947
$438,000 to $600,000$225$180$1787719202,4023,0342,947
Greater than $600,000$262 $249 $276 62 24 33 3,414 4,095 4,644
Subtotal$216$209$1863421191602,1122,3942,628
as % of 2004-2008---97%86%---35%47%---113%124%
Source: Eagle County MLS; Economic & Planning Systems
H:\20908-Vail Chamonix Market Update\Data\[20908-MLS-2011.xlsx]Table 2
Average Prices / SqFtAverage Annual AbsorptionAvera ge Unit Sizes
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Figure 4
Overall Average Prices per Square-Foot by Geography
Vail Chamonix Market Study Update
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Figure 5
Prices per Square Foot by Geography under $438,000
Vail Chamonix Market Study Update
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Figure 6
Volume by Unit Type by Geography under $438,000
Vail Chamonix Market Study Update
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Figure 7
Units Sold under $438,000 by Price/SqFt and Size
Vail Chamonix Market Study Update
10/16/2012
Housing
Needs Assessment Update
2012
Venturoni Surveys & Research, Inc.
Linda Venturoni, President
Jim Westkott, Senior Economist and Demographer
Economic Council of Eagle County
Kathy Chandler-Henry, Director of Research
10/16/2012
Update to the Eagle County Housing Needs Assessment, June 2012
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Eagle County Housing Needs Assessment
Update 2012
Table of Contents
Introduction . . . . . . . . . 5
2007 Housing Needs Assessment: An Overview. . . . . 7
Housing Needs Assessment: 2012 Update . . . . . 8
Housing Needs Summary . . . . . . 9
Explanation of Housing Needs Estimates: Catch-Up Needs . . 10
Explanation of Housing Needs Estimates: Keep-Up Needs . . 12
Nexus and Proportionality: 2012 Update . . . . . 15
Area Median Income . . . . . . . 15
Income Distribution of Eagle County Households . . . 16
Rental Limits and Affordable Housing Prices . . . . 16
Affordability Gap . . . . . . . 17
Level of Service Estimate: the Mitigation Rate . . . 18
Conclusions and Recommendations . . . . . . 21
Appendices . . . . . . . . . 24
The mission of the Eagle County Housing Department is to provide innovative, affordable
housing solutions to the working people, elderly and disadvantaged members of the
Eagle County community.
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3
Eagle County Housing Needs Assessment
Update 2012
Index of Tables
Table 1. Eagle County Housing Needs, 2007
Table 2. Population, Jobs and Employment 2007 – 2011
Table 3. Cost Burdened Households in Eagle County 2008 – 2010
Table 4. Eagle County Housing Needs, 2011 – 2020
Table 5. Catch-Up Needs Generated by In-Commuting Employees
Table 6. Jobs Forecast in Eagle County, 2010 – 2020
Table 7. Estimate of Housing Needed to Fill New Jobs 2011 – 2020
Table 8. Estimate of Housing Needed to Fill Jobs Vacated by Retirees,
2011-2020
Table 9. Area Median Income by Household Size
Table 10. Income Distribution by Housing Tenure
Table 11. Affordability Gap
Table 12. Level of Service Estimates/Mitigation Rate
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Eagle County Housing Needs Assessment
Update 2012
Appendices
Housing Data:
Table H-1: Estimate of Housing Needed to Fill Jobs
Vacated by Retirees, 2011 - 2020 . . . 24
Economic Data:
Table E-1: Total Jobs in Eagle County . . . . 27
Table E-2: Personal Income by Component . . . 29
Population Data:
Table P-1: Population by Municipality . . . . 31
Table P-2: Population by Age . . . . . 32
Table P-3: Population, Households and Housing Units . . 33
Table P-4: Households by Type . . . . . 34
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Eagle County Housing Needs Assessment
Update 2012
Introduction
Eagle County completed a Housing Needs Assessment in 2007, and a Nexus
Proportionality study in 2008. The results of those two analyses were used as a basis
for its 2009 Housing Guidelines.
Economic conditions in the United States, Colorado, and Eagle County have changed
drastically since 2007-2008. Eagle County has gone from full employment (under 3%) to
a rate of almost 9% unemployment in 2011. Because 2007 was the height of the pre-
recession growth period, the 2007 Housing Needs Assessment defined a need for
affordable worker housing at its peak in recent years. Calculations in the 2008 Nexus
study targeted ownership housing for workforce families earning 140% of Area Median
Income (AMI).
The 2009 Eagle County Local-Resident Housing Guidelines Section 1-100 begins with
this statement of need:
Eagle County faces a substantial County-wide gap in the availability of
ownership and rental housing that is affordable for local residents. Households
are burdened by high housing payments, and employees are forced to commute
long distances. Overcrowding is common. Jobs remain unfilled, negatively
impacting business operations, and the vast majority of employers believe that
the availability of workforce housing is a critical or major problem in Eagle
County.
Housing problems have long been recognized in Eagle County. Eagle County
commissioned housing needs assessment studies, completed in 1990, 1999
and 2007, that demonstrated these needs.
During 2011, Eagle County Housing and Planning Department staff met with private and
municipal planners to review and discuss the 2009 Housing Guidelines. Participants in
those meetings were in agreement that housing guidelines are still appropriate in Eagle
County, that housing needs follow economic growth and recession cycles, and that 2012
is an appropriate time to review, simplify, and possibly modify the guidelines.
The purpose of this update is to examine the assumptions made in 2007 and 2008,
update the data for current conditions, and make recommendations for possible
modifications to the 2009 Housing Guidelines.
While traditional needs assessments rely extensively on survey data, which is expensive
and time-consuming to collect, this update provides recommendations based on data
10/16/2012
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6
that is generated or updated annually. Data from public sources including the US
Census, State Demographer, Comprehensive Housing Affordability Strategy (CHAS),
Bureau of Economic Analysis, Labor Market Information, Economic Council of Eagle
County, Eagle County Clerk and Recorder, Eagle County Assessor, and the American
Community Survey are used to populate tables. This update was developed to allow
timely modifications to the assessment of housing needs, triggered by changes in metrics
based on these publically-accessible data sources.
The current housing situation in Eagle County is described through demographics,
workforce data, and housing units. Current and projected housing gaps by AMI level are
identified. A major focus of this analysis is “cost-burdened” households (those paying
more than 30% of their income for housing costs). Rental and ownership housing are
both included in the analysis. The analysis is completed at the County level, inclusive of
municipalities and unincorporated County areas.
The report is organized into four sections: an overview of the 2007 Housing Needs
Assessment; the 2012 update to the Needs Assessment; an explanation of and update to
the 2008 Nexus/Proportionality Study; and a final section that includes
recommendations for consideration when revising Housing Guidelines.
Data sources are footnoted throughout the report. Additional data tables are provided
in the Appendices. The update is intended to be an objective analysis of data that can be
used for policy recommendations.
This report was researched and prepared as a joint project between Venturoni Surveys
& Research, Inc., and the Economic Council of Eagle County. It is presented to the
Housing Department of Eagle County for use in development and potential revisions of
housing policies and guidelines.
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2007 Housing Needs Assessment: An Overview
The 2007 Needs Assessment, by estimating a housing need of over 12,500 units,
established a strong urgency for a wide range of affordable housing initiatives, including
the 2009 Guidelines for new development. In addition, a “Nexus/Proportionality
Analysis for Commercial Development” was used to create a mitigation formula of units
to be built, or fees to be paid in lieu of construction.1
The 2007 report estimated a total number of housing units needed by employees in
Eagle County, both to fill existing gaps in the market at the time (“catch-up” needs) and
to accommodate future needs (“keep-up” needs). These future needs were based on
economic and population growth projections through 2015. “Catch-up” needs included
demand from unfilled jobs in 2007, workers commuting to Eagle County from other
counties, and units needed to address overcrowding. “Keep-up” needs included housing
demand from job growth and from replacement of retirees. The estimates of each of
these components of the total needed units are shown in Table 1 below.
Table 1. Eagle County Housing Needs, 20072
Type of Need
Catch - Up Needs: 2007
Demand from Unfilled Jobs in 2007 1,420
In - Commuters 2,469
Units Needed to Address Overcrowding 557
Total Catch - Up Needs 4,446
Keep - Up Needs: 2015
Housing Demand from Job Growth 4,776
Demand from Replacement of Retirees 3,284
Total Keep - Up Needs 8,060
Total Housing Needs 12,506
1 See “Eagle County Nexus / Proportionality Analysis for Commercial Development / Workforce Housing
Linkage”, prepared by RRC Associates, Inc./Rees Consulting, Inc., January 2008.
2 Eagle County Housing Needs Assessment, 2007 prepared by RRC Associates, Inc./Rees Consulting, Inc.,
December 2007, pp. 7 – 8, and 80 – 85.
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Housing Needs Assessment: 2012 Update
Since the peak housing demand generated by the workforce in 2007, the number of jobs
has dropped dramatically (a decline of 12% from 2007 to 2011). Rather counter-
intuitively, the population continued to increase through 2010, albeit quite slowly
compared to recent decades. Demographers3 believe that this divergence in the
number of jobs and people has been accompanied by a considerable drop in labor force
participation rates, as discouraged workers – those not seeking work – have not left the
county. The loss in jobs of 12% is matched with a drop in the civilian labor force of only
6% over the same time period. Total population in the County grew about 5.1% from
2007 to 2011.
Table 2. Population, Jobs and Employment
2007 - 20114
YEAR County
Population
Jobs Civilian
Labor
Force
Employment Unemployment Unemployment
Rate
2007 49,284 41,727 31,161 30,267 894 2.9%
2008 50,301 40,449 31,851 30,721 1,130 3.5%
2009 51,520 37,230 30,666 28,269 2,397 7.8%
2010 52,057 35,750 29,724 26,897 2,827 9.5%
2011 51,777 36,605 29,425 26,884 2,541 8.6%
In spite of the slow population growth in the County, the drop in jobs has caused a
corresponding drop in the need for employee housing. It is reasonable to assume that
the demand for unfilled jobs is much less (there are more people, and fewer jobs). In
addition, because of the dramatic decline in the county economy and persistent
problems in the national and international economies, short- and middle- term
expectations of job growth are significantly lower.
Along with the drop in the number of units needed for employees in the County
(caused by the recession) is a decline in the household income of workers and non-
workers. This drop in income has made it difficult for many families to pay for housing.
Recent data released by the U. S. Census Bureau show that approximately 45% of all
households, (43.8% of owners and 46.5% of renters) in the county pay more than 30%
of their income for housing-related expenses (see Table 3, below).
3 Staff, State Demography Office of Colorado Department of Local Affairs.
4 State Demography Office and Labor Market Information.
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Table 3. Cost Burdened Households in
Eagle County 2008 - 20105
The estimate of the need for affordable housing (see Table 4, below) does not include
any estimate of the number of units needed to overcome the problems of households
that are “cost-burdened”. However, this is probably the largest and most evident part
of the affordable housing problem in Eagle County. The number of cost-burdened
households is high, and affects people who are already living in the county.
This objective measure of cost-burdened households is provided through the American
Community Survey on a three-year rolling basis, and is a good marker of success or
distress in the affordable workforce housing market.
Housing Needs Summary
To provide a current estimate of “catch-up” and “keep-up” housing needed in Eagle
County, a number of factors were considered. Table 4, below, shows the updated
estimate of the components included in the 2007 Needs Assessment. The
methodologies for preparing these new estimates are contained in the following
paragraphs explaining Tables 5 – 8. The cumulative housing needs in 2015 are estimated
at 4,572, which is only 37% of the need for 12,506 units predicted in 2007. By 2020,
approximately 2,768additional housing units(for a ten-year total of 7,340)will be
needed according to current projections.
American Community Survey, 2012.
50.7%
19.6%
46.5%
Owners with Mortgage
Owners without mortgage
Renters
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Table 4. Eagle County Housing Needs, 2011 – 2020
Type of Need 2007 Est. 2011
Est.
2015 Est. 2020 Est.
Catch - Up Needs
Demand from Unfilled Jobs in 2007 1,420 200
In - Commuters 2,469 1,708
Units Needed to Address Overcrowding 557 600
Total Catch - Up Needs 4,446 2,508
Keep - Up Needs
Housing Demand from Job Growth 4,776 994 1,400
Demand from Replacement of Retirees 3,284 1.070 1,368
Total Keep - Up Needs 8,060 2,064 2,768
Total Housing Needs 12,506 4,572
(2011+2015)
7,340
(2015+2020)
Explanation of Housing Needs Estimates: Catch-Up Needs
Demand from Unfilled Jobs
In 2007, researchers estimated that Eagle County needed 1,420 housing units to attract
employees to fill vacant positions. This was based on an employer survey regarding
unfilled jobs, estimated at 4,089, and a combination of assumptions (including that of a
tight labor market) “concerning the number of unfilled jobs and the number of
employees living in Eagle County and available for work”6. These factors have all
changed now, considerably lowering this need: the number of unfilled jobs is much
lower and the labor market is less tight. The annual Workforce Survey conducted by
the Economic Council7 indicates that while workforce housing is still a need for area
employers, it is much less of an issue than in 2007. For this update, it is assumed that
this number of housing units needed for unfilled jobs is quite small (200 units).
In-Commuters
The 2007 Assessment also estimated a catch-up need of housing for in-commuters.
This was based on an estimate by the State Demography Office/Department of Local
Affairs (SDO/DOLA) of the percentage of workers who were in-commuters (18.3%).
Eagle County Housing Needs Assessment, 2007, p. 80.
Economic Council of Eagle County, 2011-2012 Workforce Survey.
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An in-commuter survey indicated that 70% of these workers would prefer to live in
Eagle County.
The 2011 SDO/DOLA updated its estimate of the percent of the workforce that are in-
commuters to 12%. However, there is no new estimate of the percent of these who
would move into the county if affordable housing were available to them. Using the
same percentage as the 2007 survey result, the number of employees who would move
into the county is 2,562 and the number of housing units needed for them would be
1,708 (see Table 5).
Table 5. Catch-Up Needs Generated by
In-Commuting Employees
2007 2011
Total Jobs 41,727 36,605
Average Jobs per Employee 1.2 1.2
Total Employees 34,773 30,504
In-Commuters 6,351 3,661
% of Total Employees 18.3% 12.0%
# who would move to Eagle County (70%) 4,446 2,562
Employees per household 1.8 1.5
TOTAL HOUSING UNITS NEEDED 2,469 1,708
Units Needed to Address Overcrowding
The 2007 Household Survey found that 9.8% of Eagle County households lived in
overcrowded conditions (defined as having more than 1.5 residents per bedroom). This
equated to 1,855 households. Assuming that “an increase in the supply of workforce
housing equal to about 30% of the number of overcrowded units will largely address
overcrowding to the extent practical”8, the 2007 report estimated that 557 units were
needed at that time for this purpose.
Applying the same percentage to the total number of occupied housing units
(households) in 2011 yields an estimate of 1,889 overcrowded units. Multiplying this
number by 30% produces an estimate of 567 units needed to address the problem of
overcrowding. However, given the effects of the recession, it is likely that the
percentage of occupied overcrowded housing units is currently somewhat higher. Using
an estimate of just under 32% produces a total of 600 units needed to address
overcrowding in 2011.
Eagle County Housing Needs Assessment, 2007, p. 83.
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Explanation of Housing Needs Estimates: Keep-Up Needs
Housing Demand from Job Growth
The 2007 Needs Assessment used a jobs forecasts developed by SDO/DOLA. This
forecast predicted a net gain of 4,400 jobs from 2007 to 2010 and an additional 10,316
jobs from 2010 to 2015. Because of the recession, the increase of 4,400 jobs never
materialized; the number of jobs actually declined by almost 6,000 (5,977) from 2007
to 2010. Furthermore, the forecasts of increases from 2010 to 2015 and beyond are
significantly reduced.
Current SDO/DOLA forecasts show job growth occurring at average annual growth
rates of 4.0% to 2013, 3.5% to 2015, and 3.0% to 2020. Even these forecasts may be
too high, and revisions later in 2012 will show lower numbers. The forecasts provided
below in Table 6 provide a basis for an initial set of estimates of housing demand from
job growth.
The assumptions of this revised forecast are that job growth in the national economy
will continue to grow at a slow pace (0.8%) through 2013 and then at the rate of 1.5%
to 2015. During this period, Eagle County’s annual average rate of job growth can be
expected to be somewhat higher, 1.5% through 2013 and 2.5% from 2013 to 2015. In
the five years after that, 2015 – 2020, annual average job increases are likely to be
higher, in the range of 3% - 4% or more.
The slow job growth rate in the national economy is the result of both national and
international woes, e.g., the U. S. government debt, and the Eurozone bailouts of
struggling national economies (Greece, Portugal, Spain). The stronger expected growth
in Eagle County jobs is mainly because of strong increases in the number of retirees,
particularly in the Colorado metropolitan Front Range, but also in other parts of
western United States. These retiree households in one way or another – as day or
destination tourists, as second home occupants, or as resident retirees – will make
greater use of the scenic and recreational resources of the county. Their presence, in
turn, will create greater needs for tourism-related services and household and health
care.
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Table 6. Jobs Forecast in Eagle County, 2011 - 2020
2011 2013 2015 2020
Eagle County
Number of Jobs 36,605 37,711 39,620 42,100
Average Annual % Change 1.5% 2.5% 3.9%
United State
Number of Jobs (x 1,000) 131,360 134,500 140,000 147,000
Average Annual % Change 1.2% 2.0% 1.0%
Applying this revised jobs forecast to the 2007 Needs Assessment template for
estimating housing needs to fill new jobs results in generated housing demands of 610 in
2013, 1,000 in 2015, and 1,400 in 2020 (see Table 7).
Table 7. Estimate of Housing Needed to Fill New Jobs
2011 - 2020
2011 2013 2015 2020
Total Forecasted Jobs 36,605 37,400 39,300 42,100
Increase in Jobs over Prior Period 1,100 1,900 2,800
Jobs per Employed Person 1.2 1.2 1.2
New Employed Persons Needed 920 1,590 2,335
Employed Persons/Housing Unit 1.5 1.6 1.7
Housing Demand Generated (Units) 610 1,000 1,400
Housing Demand from Replacement of Retirees
In this update, the demand for affordable housing from the workers required to replace
retiring members of the workforce is calculated in a different way than in the 2007
Needs Assessment. In that 2007 report, it was estimated that 40%, or 5,911, of the
workers between 57 and 64 in 2007 would retire by 2015. Assuming the number of
employees (employed persons) per household was 1.8, this resulted in a housing
demand of 3,284 units. In this update, the number of retirees by five-year age groups
over 50 is estimated on the basis of declines in their labor force participation (defined as
retirement rates) during the periods 2011 - 2015 and 2016 – 2020. These new
estimates of housing demand from the replacement of retirees – 1,070 and 1,368
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respectively – are much lower than in the 2007 Needs Assessment report (for a full
explanation of this chart, see Appendix I).
Table 8. Estimate of Housing Needed to Fill Jobs
Vacated by Retirees, 2011 - 20209
2011 - 2015
AGE
GROUP
Pop. LFPR In
Wrkforce
Retire.
Rate
New
Ret’d
5-Yr
Surv.
Rate
Surv.
Retired
Ret’d
/Hhld
Needed
Housing
50 - 54 3,711 0.81 3,021 0.07 216 0.982 213 1.6 133
55 – 59 3,081 0.76 2,328 0.23 540 0.973 525 1.5 350
60 – 64 2,519 0.58 1,458 0.40 576 0.960 553 1.4 395
65 – 69 1,533 0.35 538 0.24 127 0.936 119 1.3 91
70 – 74 738 0.27 199 0.42 84 0.906 76 1.2 63
75 – 79 408 0.15 63 0.52 33 0.854 28 1.1 25
80 – 84 201 0.07 15 1.00 15 0.749 11 1.0 11
TOTAL 12,191 7,621 1,591 1,525 1,070
2016 - 2020
AGE
GROUP
Pop. LFPR In
Wrkforce
Retire.
Rate
New
Ret’d
5-Yr
Surv.
Rate
Surv.
Retired
Ret’d
/Hhld
Needed
Housing
50 - 54 4,071 0.82 3,343 0.06 206 0.983 202 1.6 127
55 – 59 3,800 0.77 2,930 0.20 583 0.974 568 1.5 379
60 – 64 3,107 0.62 1,919 0.36 682 0.960 655 1.4 468
65 – 69 2,513 0.40 996 0.27 265 0.939 249 1.3 192
70 – 74 1,510 0.29 439 0.40 174 0.905 157 1.2 131
75 – 79 710 0.18 125 0.48 60 0.849 51 1.1 46
80 – 84 378 0.09 33 1.00 33 0.755 25 1.0 25
TOTAL 16,089 9,785 2,003 1,908 1,368
(Note: LFPR = Labor Force Participation Rate)
9 Source of data on population and labor force participation rates: State Demography Office, Colorado
Department of Local Government.
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Nexus and Proportionality: 2012 Update
In addition to the Housing Needs Assessment completed in 2007, the County utilized a
“Nexus and Proportionality” study from 2008 to inform the Housing Guidelines.
Although not technically part of this Housing Needs Assessment update, several tables
in the Nexus report are key to the County’s Housing Guidelines. The following tables
are explained and revised here using current data:
• Area Median Income by Household Size
• Income Distribution of Eagle County Households
• Rental Limits and Affordable Housing Prices
• The Affordability Gap
• Level of Service Estimates/Mitigation Rate
Area Median Income
Federal, state and local housing programs are typically based on an anchor to Area
Median Income, or AMI. AMI is calculated annually by the US Department of Housing
and Urban Development. Eagle County figures for 2012 are shown below, along with a
comparison to 2007 for 100% AMI levels.
Table 9. Area Median Income by Household Size,
201210
Household Size
AMI Level 1-person 2 persons 3 persons 4 persons 5 persons
50% AMI $29,700 $33,925 $38,175 $42,400 $45,800
60% AMI $35,640 $40,710 $45,810 $50,880 $54,960
80% AMI $47,520 $54,280 $61,080 $67,840 $73,280
100% AMI $59,400 $67,850 $76,350 $84,800 $91,600
120% AMI $71,280 $81,420 $91,620 $101,760 $109,920
140% AMI $83,160 $94,990 $106,890 $118,720 $128,240
100% AMI Comparison, 2007 and 2012
AMI Level 1-person 2 persons 3 persons 4 persons 5 persons
100% - 2007 $56,800 $64,900 $73,000 $81,100 $87,600
100% - 2012 $59,400 $67,850 $76,350 $84,800 $91,600
Change 4.6% 4.5% 4.6% 4.6% 4.6%
10 Housing and Urban Development
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Income Distribution of Eagle County Households
Household income distribution by tenure (renter or owner) was calculated using 2005 –
2009 data from the Comprehensive Housing Affordability Strategy (CHAS) data. This
data is available annually (although there is a lag) and can be used to update housing
strategies. The table below shows that 68% of renters and 36% of owners (a total of
47% of all household types) earn less than 100% AMI.
Table 10. Eagle County Income Distribution by
Housing Tenure, 2005 - 200911
Renters Owners TOTAL
AMI Level # % # % # %
30% AMI 1,395 24.69% 320 2.96% 1,715 10.41%
Between 30% and 50% 745 13.19% 930 8.59% 1,675 10.17%
Between 50% and 80% 920 16.28% 1,300 12.01% 2,220 13.47%
Between 80% and 100% 780 13.81% 1,375 12.70% 2,155 13.08%
100% AMI 1,810 32.04% 6,900 63.74% 8,710 52.87%
TOTAL 5,650 100.00% 10,825 100.00% 16,475 100.00%
Rental Limits and Affordable Housing Prices
The following table can be used to help determine the appropriate AMI levels to target
through housing policies. Affordable housing prices were calculated assuming a 4%
interest rate, a fixed mortgage amortized over 30 years, 10% down payment, and
HOA/property taxes/insurance at 20% of the mortgage payment. Affordable rent is
calculated at 30% of monthly income.
11 CHAS Data, 2005 – 2009 Analysis
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Table 11. HUD Median Income/Rental Rate
Guidelines12
Median Income
Information
County
Eagle
AMI
$84,800
% of Median Income for Area No. of
Persons Occ. 200% 140% 120% 100% 80% 50% 30% 1
$118,800 $83,160 $71,280 $59,400 $47,520 $29,700 $17,820 2
$135,700 $94,990 $81,420 $67,850 $54,280 $33,925 $20,355 3
$152,700 $106,890 $91,620 $76,350 $61,080 $38,175 $22,905 4
$169,600 $118,720 $101,760 $84,800 $67,840 $42,400 $25,440 5
$183,200 $128,240 $109,920 $91,600 $73,280 $45,800 $27,480 6
$196,800 $137,760 $118,080 $98,400 $78,720 $49,200 $29,520
Rent Limits
Studio 1 $2,970 $2,079 $1,782 $1,485 $1,188 $743 $446 1 bdrm 1.5 $3,181 $2,227 $1,909 $1,591 $1,273 $795 $477
2 $3,393 $2,375 $2,036 $1,696 $1,357 $848 $509 2 bdrm 3 $3,818 $2,672 $2,291 $1,909 $1,527 $954 $573 3 bdrm 4 $4,240 $2,968 $2,544 $2,120 $1,696 $1,060 $636
4.5 $4,410 $3,087 $2,646 $2,205 $1,764 $1,103 $662 4 bdrm 5 $4,580 $3,206 $2,748 $2,290 $1,832 $1,145 $687
6 $4,920 $3,444 $2,952 $2,460 $1,968 $1,230 $738
Ownership Housing
1
Studio 1 $592,000 $415,000 $355,000 $296,000 $237,000 $148,000 $89,000 1BR 2 $632,000 $442,000 $379,000 $316,000 $253,000 $158,000 $95,000 2BR 3 $711,000 $498,000 $426,000 $355,000 $284,000 $178,000 $107,000 3BR 4 $789,000 $553,000 $474,000 $395,000 $316,000 $197,000 $118,000
4.5 $821,000 $575,000 $493,000 $411,000 $328,000 $205,000 $123,000
5 $853,000 $597,000 $512,000 $426,000 $341,000 $213,000 $128,000
6 $916,000 $641,000 $550,000 $458,000 $366,000 $229,000 $137,000
Affordability Gap
The figures in Table 11, above, can be used to calculate the affordability gap for different
AMI levels. According to the 2008 Nexus/Proportionality Analysis, “The difference
between prevailing market prices and what targeted low-income households can afford
to pay for housing is the gap that must be taken into consideration when determining
the amount of fee that could be paid in lieu of producing units under certain
circumstances.” 13
12Analysis and calculations using HUD AMI data
13Nexus/Proportionality Analysis for Commercial Development/Workforce Housing Linkage, January
2008, RRC Associates, Inc., Rees Consulting, Inc.
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Table 11. Affordability Gap14
2007 100%
AMI
2012 100%
AMI
2012 120%
AMI
2012 140%
AMI
Target Income Point (3
person HH)
$73,000 $76,350 $91,600 $106,890
Affordable Monthly Housing
Pmt.
$1,825 $1,909 $2,290 $2,672
Property Taxes/
Insurance/HOA (20%)
$365 $382 $458 $534
Mortgage Payment $1,460 $1,527 $1,832 $2,138
Max Mortgage Amount $231,000 $319,500 $383,400 $448,200
Affordable Purchase Price $243,150 $355,000 $426,000 $498,000
Average Sq. Ft. of Units 1,000 1,000 1,000 1,000
Median Price/Sq. Ft. $385 $396 $396 $396
Market Cost/Unit $385,000 $396,000 $396,000 $396,000
Affordability Gap $141,850 $41,000 -$30,000 -$102,000
The affordability gap, plus any desired administrative fees, can be used to assess a
payment in lieu of constructing new units.
The table above shows that the affordability gap has lessened considerably since 2007,
due in large part to lower mortgage interest rates. In 2007, a typical mortgage incurred
7% interest; the 2012 update was calculated using a 4% rate. Households earning more
than 100% AMI do not have an affordability gap; it is appropriate in the post-2008
economy to target Eagle County housing guidelines to those households earning 100%
AMI and below.
Level of Service Estimates: the Mitigation Rate
The 2008 Nexus/Proportionality Analysis calculated a 55% mitigation rate, based on the
belief that “55% of all households generated by jobs in Eagle County live in the county
and have incomes equal to or less than 140% AMI.” (page 3) This 55% was a target
service level to address through housing guidelines and policies.
Using the same methodology in 2012 produces a mitigation rate of 41%. The
percentage of commuters was revised to include only those commuters likely to want
to move to Eagle County. Comparison pie charts are shown below:
14Analysis and calculations using HUD AMI data and Eagle County real estate sales data.
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Table 12. Level of Service Estimates
Because the methodology for calculating mitigation rates, above, makes several
unverifiable assumptions (about commuters, and about household distribution rates),
and does not take into account potential differences between renters and owners, the
authors of this update recommend using cost-burdened percentages to determine level
of service estimates and proposed mitigation rates.
Households
with Incomes
> 140% AMI
27%
In-Commuters
18%
Households with
Incomes 140%
AMI
55%
Level of Service Estimate 2008
Households
with Incomes
> 100% AMI
47%
In-Commuters
12%
Households
with Incomes
100% AMI
41%
Level of Service Estimate 2012
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From Table 3 on page 9 (repeated below), we see that 45% of Eagle County’s
households are cost-burdened (43.8% of all owners and 46.5% of renters). Using the
cost-burdened percentages generated through analysis of CHAS (Colorado Housing
Affordability Strategy) data produces a result consistent with the 2008 study
methodology, but provides a more easily replicable and defensible source of data.
Table 3. Cost Burdened Households in
Eagle County 2008 - 201015
American Community Survey, 2012.
50.7%
19.6%
46.5%
Owners with Mortgage
Owners without mortgage
Renters
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Conclusions and Recommendations
This update to the Housing Needs Assessment is intended to be factual and supported
by accessible data sources. A few conclusions and recommendations are included in this
final section, for use in informing future housing policies in Eagle County.
Retiree Housing and Its Impact on Workforce Housing
Table 8 of this report (page 14) shows the number of new workers needed to replace
current Eagle County workers who retire. As current workers retire, their housing
units change in status from units that house workers to units that do not house workers
(assuming the retirees stay in their homes). The new employees who fill the jobs
vacated by retired workers create a demand for new housing units.
If retired workers move to retirement housing options, their former housing units can
house future workers and remain in the workforce housing status.
It is important to note that the retiree numbers in the report do not include second
homeowners or amenity-seeking retirement migrants who may retire to Eagle County
in the future. Both of these in-migration trends have been well documented and show
up in the increase in the senior population from 2000-2010, and the projected higher
increases in the future 65+ population.
Given these established trends, we recommend that the County Housing Department
pursue the development of appropriate senior retirement housing options that can
provide for the future housing and health care needs of the elderly population. These
retirement housing options would free up existing housing units that can be used for
workforce housing needs.
Focus on Rental Housing
While the 2007 Housing Needs Assessment, the 2008 Nexus/Proportionality Study, and
the 2009 Housing Guidelines focused most of the attention on ownership housing, it is
clear from a review of the updated data that inclusion on rental housing is appropriate in
2012.
The most recent data shows that 46.5% of all renters are cost burdened (paying more
than 30% of their income for housing). It is harder to qualify for a mortgage than in the
past due to a tighter credit market, and new employees moving to the County may be
reluctant to purchase because they fear the housing market has not yet “hit bottom,”
and/or they may be uncertain about their long-term employment status.
For these reasons, we recommend that the County Housing Department consider
rental housing in revisions to the Housing Guidelines.
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Three Major Findings
Three major changes to the recommendations of the 2007 and 2008 studies emerged in
this update:
1. Shift from 140% AMI to 100% AMI.
While the 2007 study (and subsequent guidelines) recommended focusing on
households earning 140% of AMI, this update shows that the affordability gap
emerges at 100% AMI (see Table 11, page 18).
Sixty-eight percent of renter households (3,842 households) earn less than 100%
AMI (see Table 10, page 16); 36% of owner households (3,572) fall into this AMI
category.
2. Shift from 55% to 45% Mitigation Rate.
The 2008 Nexus/Proportionality study recommended a mitigation rate of 55%,
based on the belief that “55% of all households generated by jobs in Eagle
County live in the county and have incomes equal to or less than 140% AMI.”
(page 3) Using what we believe is a more solid methodology for targeting
housing policies (cost-burdened households), we recommend a 45% mitigation
rate.
3. Reduction in Number of Housing Units Needed.
The 2007 Housing Needs Assessment calculated a need for 12,506 housing units,
both to catch-up with unmet demand and to meet future needs. Table 4 on page
10 and the subsequent explanatory paragraphs and tables reduce this need to
2,472 by 2015 and 7,340 by 2020 (cumulative). We feel that this is a reliable
estimate based on current demographics, job forecasts, and trends.
Future Updates to the Housing Needs Assessment
The researchers designed this study to be replicated in the future, using current data to
update tables and calculations.
A focus on cost-burdened households through new American Community Survey/CHAS
data allows a way to assess the success of future housing policies (a reduction in the
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number of cost-burdened households could indicate success). This data can be
monitored annually.
The 2007 Needs Assessment included four different surveys: household, in-commuting
employees, employer, and realtor/property manager. Collecting data through surveys
allows a broader and more qualitative approach to housing planning and policies, and
may allow analysis at smaller geographic levels. However, collecting data through
surveys is time-consuming and expensive, and may not be justified given the rich data
available through public sources. Future housing needs assessments will need to weigh
the costs/benefits of conducting surveys.
The Cyclical Nature of Eagle County’s Economy
While the housing affordability gap is much smaller than in 2009, it may increase again
with cyclical economic swings. Using the analysis techniques provided in this report
provides a way to readily update housing guidelines and policies based on current
conditions.
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APPENDIX H-1
Estimate of Housing Needed to Fill Jobs Vacated by Retirees,
2011 - 2020
In this update of the 2007 Housing Needs Assessment, the number of housing units
needed for the “workforce required to replace members who retire” is estimated in a
new way, based on the decline in labor force participation rates by five-year age groups.
The following describes how these new calculations are made.
Referring to the very first row on the table, the total population ages 50 to 54 in 2011 is
3,711. With a labor force participation rate (LFPR) of 0.81, then 3,021 of this age group
are in the workforce. Four years later, in 2015, the LFPR of this cohort is 0.76, so the
decline in LFPR is 0.81 – 0.76 or 0.05 which when divided by the beginning rate of 0.81
means that 0.05 / 0.81 or 7% of this cohort have retired or that its “retirement rate” is
0.07. Multiplying 0.07 times 3,021 (those in the workforce in 2011) equals 216,
presumably the number of workers who retired during the five-year period. However,
the five-year survival rate of this group is 0.982, which means that on average, only 213
of the 216 survived (3 died) by 2015. Finally, assuming that the number of workers or
retirees per household for this age group is 1.6, this leads to the result that the number
of housing units needed for the replacement workers is 133.
These calculations are performed for each five-year age group from 50 – 84 and for two
five-year time periods, 2011 – 2015 and 2016 – 2020. The total number of units for
each period is presented in bold in the lower right-hand corner of each panel. The
calculations were actually performed by gender – shown on the two lower panels – with
the total (male and female) calculated as the sum (or the average rate) of the gender-
specific results.
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Appendix H-1: Estimate of Housing Needed to Fill
Jobs Vacated by Retirees, 2011 - 202016
2011 – 2015: All Retirees
AGE
GROUP
Pop. LFPR In
Wrkforce
Retire.
Rate
New
Ret’d
5-Yr
Surv.
Rate
Surv.
Retired
Ret’d
/Hhld
Needed
Housing
50 - 54 3,711 0.81 3,021 0.07 216 0.982 213 1.6 133
55 – 59 3,081 0.76 2,328 0.23 540 0.973 525 1.5 350
60 – 64 2,519 0.58 1,458 0.40 576 0.960 553 1.4 395
65 – 69 1,533 0.35 538 0.24 127 0.936 119 1.3 91
70 – 74 738 0.27 199 0.42 84 0.906 76 1.2 63
75 – 79 408 0.15 63 0.52 33 0.854 28 1.1 25
80 – 84 201 0.07 15 1.00 15 0.749 11 1.0 11
TOTAL 12,191 7,621 1,591 1,525 1,070
2011 – 2015: Male Retirees
AGE
GROUP
Pop. LFPR In
Wrkforce
Retire.
Rate
New
Ret’d
5-Yr
Surv.
Rate
Surv.
Retired
Ret’d
/Hhld
Needed
Housing
50 - 54 1,977 0.856 1,692 0.10 166 0.981 163 1.6 102
55 – 59 1,651 0.772 1,275 0.19 239 0.968 232 1.5 154
60 – 64 1,301 0.627 816 0.35 289 0.957 276 1.4 197
65 – 69 804 0.405 326 0.28 91 0.929 84 1.3 65
70 – 74 403 0.292 118 0.39 46 0.879 40 1.2 33
75 – 79 207 0.179 37 0.41 15 0.817 12 1.1 11
80 – 84 106 0.106 11 1.00 11 0.730 8 1.0 8
TOTAL 6,449 0.774 4,274 857 816 571
2011 – 2015: Female Retirees
AGE
GROUP
Pop. LFPR In
Wrkforce
Retire.
Rate
New
Ret’d
5-Yr
Surv.
Rate
Surv.
Retired
Ret’d
/Hhld
Needed
Housing
50 - 54 1,734 0.766 1,328 0.04 50 0.987 50 1.6 31
55 – 59 1,430 0.737 1,054 0.28 300 0.977 293 1.5 196
60 – 64 1,218 0.527 642 0.45 287 0.963 277 1.4 198
65 – 69 729 0.291 212 0.17 36 0.956 34 1.3 26
70 – 74 335 0.242 81 0.48 39 0.937 36 1.2 30
75 – 79 201 0.127 26 0.69 17 0.885 15 1.1 14
80 – 84 95 0.040 4 1.00 4 0.805 3 1.0 3
TOTAL 5,742 0.700 3,347 734 709 498
16 Source of data on population and labor force participation rates: State Demography Office, Colorado
Department of Local Government.
10/16/2012
Update to the Eagle County Housing Needs Assessment, June 2012
Venturoni Surveys & Research, Inc.; Economic Council of Eagle County Page
26
2016 – 2020: All Retirees
AGE
GROUP
Pop. LFPR In
Wrkforce
Retire.
Rate
New
Ret’d
5-Yr
Surv.
Rate
Surv.
Retired
Ret’d
/Hhld
Needed
Housing
50 - 54 4,071 0.82 3,343 0.06 206 0.983 202 1.6 127
55 – 59 3,800 0.77 2,930 0.20 583 0.974 568 1.5 379
60 – 64 3,107 0.62 1,919 0.36 682 0.960 655 1.4 468
65 – 69 2,513 0.40 996 0.27 265 0.939 249 1.3 192
70 – 74 1,510 0.29 439 0.40 174 0.905 157 1.2 131
75 – 79 710 0.18 125 0.48 60 0.849 51 1.1 46
80 – 84 378 0.09 33 1.00 33 0.755 25 1.0 25
TOTAL 16,089 9,785 2,003 1,908 1,370
2016 – 2020: Male Retirees
AGE
GROUP
Pop. LFPR In
Wrkforce
Retire.
Rate
New
Ret’d
5-Yr
Surv.
Rate
Surv.
Retired
Ret’d
/Hhld
Needed
Housing
50 - 54 2,093 0.86 1,800 0.08 147 0.982 144 1.6 90
55 – 59 2,012 0.79 1,589 0.16 262 0.969 253 1.5 169
60 – 64 1,646 0.66 1,086 0.32 346 0.957 331 1.4 236
65 – 69 1,285 0.45 578 0.29 167 0.928 155 1.3 119
70 – 74 770 0.32 246 0.38 92 0.876 81 1.2 67
75 – 79 367 0.20 73 0.40 29 0.807 24 1.1 22
80 – 84 175 0.12 21 1.00 21 0.717 15 1.0 15
TOTAL 8,348 0.76 5,395 1,064 1,003 720
2016 – 2020: Female Retirees
AGE
GROUP
Pop. LFPR In
Wrkforce
Retire.
Rate
New
Ret’d
5-Yr
Surv.
Rate
Surv.
Retired
Ret’d
/Hhld
Needed
Housing
50 - 54 1,978 0.78 1,543 0.04 59 0.987 59 1.6 37
55 – 59 1,788 0.75 1,341 0.24 322 0.978 315 1.5 210
60 – 64 1,461 0.57 833 0.40 336 0.964 324 1.4 231
65 – 69 1,228 0.34 418 0.24 98 0.956 94 1.3 72
70 – 74 740 0.26 192 0.42 81 0.937 76 1.2 64
75 – 79 343 0.15 51 0.60 31 0.889 27 1.1 25
80 – 84 203 0.06 12 1.00 12 0.820 10 1.0 10
TOTAL 7,741 0.69 4,390 940 905 650
10/16/2012
Update to the Eagle County Housing Needs Assessment, June 2012
Venturoni Surveys & Research, Inc.; Economic Council of Eagle County Page
27
APPENDICES E-1 and E-2
Tables E-1 and E-2 provide some basic data on the Eagle County economy from 2002
through 2010. Table E-1 presents total jobs – both wage and salary and self-employed
and proprietors – by industrial sector. Table E-2 provides information on personal
income by component. While personal income has largely consisted of earnings by
place of work (82% in 2002 and 75% in 2010) it also includes monies earned outside the
county (residency adjustment), dividends, interest and rent, and personal transfer
receipts from government (retirement and disability, medical, income maintenance,
unemployment and veteran benefits) and from non-profits.
The data on jobs shows growth from 2002 to 2007, and then declines from 2007 to
2010 as the result of the recession. The biggest growth in the first period and then
decline in the second is in construction and construction-related fields, e.g., professional
services, administrative and waste (includes temporary workers), some retail and,
indirectly, real estate. The second general area of growth and decline is in tourism-
related industries: accommodation and food services, retail trade, and other services
(laundry and personal services).
The data on personal income show strong growth in earnings by place of work during
the periods 2002 – 2005 and 2005 – 2007 (6.5% and 10.0% per year, respectively)
followed by a - 5.4% per year from 2007 – 2010. Dividends, interest and rent also grew
strongly during the first two periods (10.1% and 13.6%) before declining a small amount
(- 1.8%) during the latter period. Personal transfer receipts, which grew at 6.5% and
8.5% per year from 2002 – 2007, jumped up to 21.3% per year from 2007 to 2010.
Proprietor’s income dropped - 4.2% per year from 2005 to 2007 (as earnings remained
strong) but increased with the recession (2007 to 2010) as workers offset their earnings
losses with other sources of income.
10/16/2012
Update to the Eagle County Housing Needs Assessment, June 2012
Venturoni Surveys & Research, Inc.; Economic Council of Eagle County Page
28
APPENDIX E-1: Estimated Total Jobs by Industry,
Eagle County, 2002 – 2010
2002 2005 2007 2010 2002 - 2007 2007 - 2010
Total Jobs 33,851 36,529 40,163 35,662 6,312 -4,501
Agriculture 123 191 186 203 63 17
Mining 7 11 14 17 7 3
Utilities 51 54 68 63 17 -5
Construction 5,356 5,316 6,329 3,900 973 -2,429
Construction of buildings 1,300 1,241 1,552 944 252 -608
Heavy construction 328 270 254 112 -74 -142
Special trade contractors 3,728 3,805 4,523 2,843 795 -1,680
Manufacturing 383 450 442 312 59 -130
Wholesale trade 439 482 524 528 85 4
Retail Trade 3,464 3,557 3,815 3,433 351 -382
Transportation and
warehousing 555 581 653 536 98 -117
Information 328 377 512 399 184 -113
Finance activities 541 773 826 775 285 -51
Real estate 2,817 3,032 3,159 2,963 342 -196
Professional & business
services 1,956 2,248 2,472 2,077 516 -395
Management of companies 215 154 153 157 -62 4
Admin and waste 1,600 1,897 2,197 1,941 597 -256
Education 155 287 278 255 123 -23
Health Services 1,547 1,675 2,028 2,023 481 -5
Arts 3,200 3,577 3,632 3,931 432 299
Accommodation and food 6,214 6,974 7,155 6,562 941 -593
Accommodation 2,478 2,898 2,852 2,683 374 -169
Food services, drinking
places 3,736 4,076 4,303 3,878 567 -425
Other services, exc. govt. 2,160 2,208 2,836 2,460 676 -376
Government 2,740 2,686 2,884 3,128 144 244
Federal and state 363 352 353 383 -10 30
Local government 2,377 2,334 2,531 2,746 154 215
Total Jobs 33,851 36,529 40,163 35,662 6,312 -4,501
10/16/2012
Update to the Eagle County Housing Needs Assessment, June 2012
Venturoni Surveys & Research, Inc.; Economic Council of Eagle County Page
29
APPENDIX E-2: Personal Income of Residents by
Components, Eagle County, 2002 – 2010, part 1
(In Millions of Dollars)
Component 2002 2005 2007 2010
Total Personal Income Amt.
% of
Tl Amt.
% of
Tl Amt.
% of
Tl Amt.
% of
Tl
Earnings by Place of Work $1,491 82% $1,792 81% $2,033 78% $1,881 75%
Wage & Salary Disbursements $972 54% $1,174 53% $1,421 55% $1,205 48%
Supplements to Wages & Salaries $181 10% $229 10% $255 10% $239 10%
Proprietors Income $338 19% $388 18% $357 14% $437 17%
Earnings by Place of Work $1,491 82% $1,792 81% $2,033 78% $1,881 75%
- Payments for Government Social Ins. $(147) -8% $(182) -8% $(209) -8% $(182) -7%
+ Residency Adj. for Commuting $24 1% $26 1% $25 1% $34 1%
= Net Earnings by Place of Residency $1,368 76% $1,635 74% $1,849 71% $1,733 69%
+ Dividends, Interest, Rent $387 21% $516 23% $666 26% $631 25%
+ Personal Transfer Receipts $56 3% $68 3% $80 3% $142 6%
= Tl. Personal Income (Residents) $1,811 100% $2,219 100% $2,594 100% $2,507 100%
Population (U.S. Census Bureau) 44,227
47,205
49,803
52,064
Per Capita Income (Actual $)
$40,958
$47,004
$52,095
$48,149
10/16/2012
Update to the Eagle County Housing Needs Assessment, June 2012
Venturoni Surveys & Research, Inc.; Economic Council of Eagle County Page
30
APPENDIX E-2: Personal Income of Residents by
Components, Eagle County, 2002 – 2010, part 2
Component Annual Average Pct. Change
Total Personal Income '02 - '05 '05 - '07 '07 - '10
Earnings by Place of Work 6.3% 6.5% -2.5%
Wage & Salary Disbursements 6.5% 10.0% -5.4%
Supplements to Wages & Salaries 8.2% 5.4% -2.1%
Proprietors Income 4.8% -4.2% 7.0%
Earnings by Place of Work 6.3% 6.5% -2.5%
- Payments for Govrnmt Social Ins. 7.4% 7.2% -4.5%
+ Residency Adj. for Commuting 1.6% -1.0% 10.9%
= Net Earnings by Place of
Residency 6.1% 6.3% -2.1%
+ Dividends, Interest, Rent 10.1% 13.6% -1.8%
+ Personal Transfer Receipts
= Tl. Personal Income (Residents)
Population (U.S. Census Bureau)
Per Capita Income (Actual $)
10/16/2012
Update to the Eagle County Housing Needs Assessment, June 2012
Venturoni Surveys & Research, Inc.; Economic Council of Eagle County Page
31
APPENDIX P-1: Eagle County Population by
Municipality, 2000 - 2011
The population of the county grew at an average annual rate of nearly 2% per year
during the period 2000-2010. Eagle and Gypsum had the highest percentage growth
during the decade. Most notable is the continued growth in the County during the
years 2007 – 2010 when there was an 11% decline in jobs. Draft estimates for 2011
prepared by the State Demography Office show a modest decline (- 0.5%) from 2010
for Eagle County.
Colorado State Demography Estimates Avg. Annual Rate Of Change
Area
July
2000
July
2005
July
2007
July
2010
July
2011* 00-05 05-07 07-10 10-11
EAGLE
COUNTY 43,289 47,278 49,284 52,057 51,777 1.8 2.1 1.8 -0.5
Avon 6,124 6,570 6,524 6,413 6,375 1.4 -0.4 -0.6 -0.6
Basalt (Part) 2,031 2,470 2,630 2,919 2,899 4.0 3.2 3.5 -0.7
Eagle 3,071 4,289 5,371 6,483 6,459 6.9 11.9 6.5 -0.4
Gypsum 4,151 4,956 5,528 6,517 6,496 3.6 5.6 5.6 -0.3
Minturn 1,079 1,084 1,100 1,035 1,034 0.1 0.7 -2.0 -0.1
Red Cliff 298 298 293 269 267 0.0 -0.8 -2.8 -0.7
Vail 4,825 4,613 4,592 5,278 5,242 -0.9 -0.2 4.8 -0.7
Unincorp.
Area 21,710 22,998 23,246 23,143 23,005 1.2 0.5 -0.1 -0.6
* Draft estimate, currently under review.
10/16/2012
Update to the Eagle County Housing Needs Assessment, June 2012
Venturoni Surveys & Research, Inc.; Economic Council of Eagle County Page
32
APPENDIX P-2: Eagle County Population by Age,
2007 - 2015
Tables P-2A and P-2B show the population by age for the County. In contrast to the
state, Eagle County has a higher proportion of its population in the age group 25 to 44
and a lower percentage over the age of 65. However, its proportion of population of
the younger adults (25 to 44) has declined over the previous ten years and is expected
to continue to do so through 2015. Concurrently, the percentage of the population
over 65 in Eagle County has increased and is expected to do so more rapidly through
2015.
Table P-2A. Population by Age, Eagle County, 2007 - 2015
2000 2007 2010 2015
Age Group Number % of Total Number % of Total Number % of Total Number % of Total
0 to 17 10,111 23% 11,941 24% 12,777 25% 16,062 26%
18 to 24 4,961 11% 3,720 8% 4,362 8% 4,198 7%
25 to 44 18,198 42% 19,308 39% 18,778 36% 20,542 33%
45 to 64 8,723 20% 11,981 24% 13,205 25% 15,715 25%
65 & Over 1,297 3% 2,334 5% 3,003 6% 5,328 9%
Total 43,290 100% 49,284 100% 52,125 100% 61,845 100%
Table P-2B. Population by Age, Eagle County and Colorado, 2000 - 2010
Eagle County Colorado
2000 2010 2000 2010
(numbers in thousands)
Age Group Number % of Total Number % of Total Number % of Total Number % of Total
0 to 17 10,111 23% 12,777 26% 1,109 26% 1,228 24%
18 to 24 4,961 11% 4,362 9% 433 10% 489 10%
25 to 44 18,198 42% 18,778 38% 1,411 33% 1,432 28%
45 to 64 8,723 20% 13,205 27% 966 22% 1,347 27%
65 & Over 1,297 3% 3,003 6% 419 10% 555 11%
Total 43,290 100% 52,125 106% 4,339 100% 5,051 100%
10/16/2012
Update to the Eagle County Housing Needs Assessment, June 2012
Venturoni Surveys & Research, Inc.; Economic Council of Eagle County Page
33
APPENDIX P-3: Population, Households, and Housing
Units in Eagle County, 2000-2010
Table P-3 contains data on households and housing units. Not much has changed during
the last decade in the relationship among these variables. The number of persons per
household has remained constant at a little over 2.7. Occupancy rates (of residents)
have been just above 60%, with owners constituting 64% of the occupied units and
renters 36%. Approximately three-quarters the vacancies, or 30% of the total units, are
for seasonal or recreational use.
2000 2005 2007 2010
Total Population 43,289 47,278 49,284 52,067
Group Quarters Pop. 353 353 353 55
Household Population 42,936 46,925 48,931 52,012
Persons per Household 2.73 2.74 2.75 2.71
Total Housing Units 25,145 28,711 30,271 31,390
Occupied Units (Households) 15,751 17,124 17,818 19,209
Occupancy Rate (Residents) 63% 60% 59% 61%
Owner Occupied 10,033
12,326
Pct. of Occupied Units 63.7%
64.2%
Renter Occupied 5,718
6,883
Pct. of Occupied Units 36.3%
35.8%
Vacant Units 9,394 11,587 12,453 12,181
Vacancy Rate 37% 40% 41% 39%
Seasonal Use Units* 6,739 8,297 9,003 9,731
Pct. of Total 27% 29% 30% 31%
Note: All data are as of July 1 for all
years.
* Estimate prepared for this study.
10/16/2012
Update to the Eagle County Housing Needs Assessment, June 2012
Venturoni Surveys & Research, Inc.; Economic Council of Eagle County Page
34
APPENDIX P-4: Households by Type, Eagle County
and Colorado, 2000 and 2010
Family households in Eagle County comprised 60% and 62% (note the small increase) of
total households in 2000 and 2010, respectively. Statewide, 65% of households were
family households in 2000, and 64% in 2010. The percentage of non-family households
in Eagle County is slightly higher than the statewide average, but that difference has
decreased over the ten-year period.
Eagle County
2000 2010
Household Type Number Number
Total Households 15,148 100% 19,236 100%
Family Households 9,020 60% 11,991 62%
With own children under 18 4,947 33% 6,357 33%
Husband & wife 4,025 27% 5,090 26%
Female Householder 612 4% 841 4%
Nonfamily Households 6,128 40% 7,245 38%
Householder living alone 3,168 21% 4,269 22%
Householder alone 65+ 287 2% 660 3%
Colorado
2000 2010
(numbers in thousands)
Household Type Number Number
Total Households 1,658 100% 1,973 100%
Family Households 1,084 65% 1,262 64%
With own children under 18 544 33% 590 30%
Husband & wife 405 24% 423 21%
Female Householder 102 6% 118 6%
Nonfamily Households 574 35% 711 36%
Householder living alone 436 26% 551 28%
Householder alone 65+ 116 7% 154 8%
10/16/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 16, 2012
ITEM/TOPIC: Adjournment (9:20 p.m.)
10/16/2012