HomeMy WebLinkAbout2017-06-20 Agenda and Supporting Documentation Town Council Regular MeetingVAIL TOWN COUNCIL REGULAR MEETING
Evening Agenda
Town Council Chambers
6:00 PM, June 20, 2017
TOM Of UAJt
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will
consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community concern, and any items that are not on the agenda. Please
attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1. Citizen Participation
2. Consent Agenda
2.1. May 2, 2017 Town Council Meeting Minutes
2.2. Resolution No. 20, Series of 2017, Resolution approving an amended and
updated Noxious Weed Management Plan; and setting forth detail in regard
thereto
2.3. Resolution No. 21, Series of 2017, Intergovernmental Agreement Between
the Town of Vail and the United States Forest Service for Timber Sale
Associated with Intermountain Fuels Reduction Project
2.4. Intermountain Fuels Reduction Project - Helicopter Logging Contract
Award
3. Presentation/Discussion
3.1. Stephens Park Off -leash Area Discussion
Presenter(s): Gregg Barrie, Senior Landscape Architect
Action Requested of Council: Provide staff with direction in regards to the
dog waste issue based on the provided recommendations and input
received from the public.
Background: Stephens Park is a neighborhood park that provides a
designated off -leash area. Since the off -leash designation in 2004, there
have been two consistent issues: 1) the loss of the turf area for
neighborhood use and 2) excessive dog waste being left in the park.
Staff Recommendation: Staff recommends reviewing the ideas presented in
the Memorandum in conjunction with input from the community and
providing direction to staff towards improving education, signage and
30 min.
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enforceable measures. Staff also recommends altering the existing
designated off -leash area to include the Gore Creek access point at a later
date.
4. Town Manager Report
4.1. Chamonix Vail Neighborhood Project Update (verbal report)
Presenter(s): George Ruther, Director of Community Development
5. Action Items
10 min.
5.1. Ordinance No. 4, Series of 2017, First Reading, An ordinance for a 30 min.
prescribed regulations amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code with
the addition of a new Chapter 26, Transportation Impact Fee
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Approve, amend or deny on Ordinance No. 4
Series 2017 on first reading.
Background: In 2016, the Town of Vail hired the consulting firm
TischlerBise to develop an updated transportation impact fee. The impact
fee is proposed to codify the current traffic mitigation fee to help fund future
transportation related projects identified in the Vail Transportation Master
Plan. The proposed fee will be applied in all zone districts, and will require
developers to pay their proportional share for the necessary transportation
infrastructure improvements that are directly related to the impacts created
by the new development.
Staff Recommendation: Approve Ordinance No. 4 Series 2017 on first
reading.
5.2. Ordinance No. 8, Series 2017, First Reading, Ordinance making budget 30 min.
adjustments to the Town of Vail General Fund, Capital Projects Fund, Real
Estate Transfer Tax Fund of the 2017 Budget for the Town of Vail,
Colorado and authorizing the said adjustments as set forth herein; and
setting forth details in regard thereto
Presenter(s): Carlie Smith, Budget Analyst
Action Requested of Council: Approve or approve with amendments
Ordinance No, 8, Series 2017
Background: Please see attached memo
Staff Recommendation: Approve or approve with amendments Ordinance
No, 2, Series 2017
6. Public Hearings
6.1. Ordinance No. 5, Series of 2017, Second Reading, An Ordinance of the 10 min.
Vail Town Council approving an encroachment into an existing view corridor
to accommodate modifications to the Hill Building, located at 254 and 311
Bridge Street, Lots C & L, Block 5C, Vail Village Filing 1, and setting forth
details in regard thereto
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: Approve, approve with modifications, deny
Ordinance No. 5, Series of 2017.
Background: The Hill Building is impacted by three adopted view corridors.
One of the view corridors is not affected by the proposed application to
renovate the building. A second corridor is affected, however, the building
currently encroaches into the view corridor and the applicant is proposing
June 20, 2017 - Page 2 of 503
to significantly reduce the encroachment and substantial improve the view
through the corridor. The third view corridor will be affected by a minimal
increase in the height of the building and a chimney. In order to allow for
this increase in height to occur, a view corridor encroachment must be
approved by the Vail Town Council.
Staff Recommendation: The Town of Vail Planning & Environmental
Commission has reviewed the proposed view corridor encroachment
request. Upon review of the request, the Commission has forwarded its
recommendation of approval to the Vail Town Council of the request, as
proposed. In making their recommendation, the Commission found that the
proposed encroachment complied with the criteria for review as outlined in
the Vail Town Code. Therefore, the Commission recommends the Vail
Town Council approve Ordinance No. 5, Series of 2017 as read.
6.2. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing 60 min.
Special Development District No. 42 (Vail Mountain View Residences),
pursuant to Section 12-9(A), Special Development Districts, Vail Town
Code, to allow for the development of a mixed use building consisting of 12
dwelling units with 15 attached accommodation units (lock -offs), 19
accommodation units and 10 employee housing units, located at 430 and
434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth
details in regard thereto.
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The purpose of this first meeting before the
Town Council is to provide an introduction to the project and its varied
components. Staff and the applicant will make an introductory presentation
on the application during the evening public hearing, following a site visit
scheduled during the afternoon session. As such, the Community
Development Department and the applicant recommend the Vail Town
Council continue first reading of Ordinance No. 9, Series of 2017, an
ordinance establishing Special Development District No. 42 (Vail Mountain
View Residences) to the July 11, 2017 Town Council meeting.
Background: The applicant, Lunar Vail LLC, represented by Marl Planning
Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an
ordinance establishing Special Development District No. 42, pursuant to
Section 12-9(A), Special Development Districts, Vail Town Code, to allow
for the development of a mixed use building consisting of 12 dwelling units
with 15 attached accommodation units (lock -offs), 19 accommodation units
and 10 employee housing units (EHUs), located at 430 and 434 South
Frontage Road/Lot 1, Vail Village Filing 5.
Staff Recommendation: On June 12, 2017 the Town of Vail Planning and
Environmental Commission (PEC) held a public hearing on the request to
establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail
Town Code. At the conclusion of the public hearing, the PEC voted 4-3
(Gillette, Perez and Rediker opposed) to forward a recommendation of
approval, with conditions, to the Vail Town Council.
7. Adjournment
7.1. Adjournment 9:15 pm
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
June 20, 2017 - Page 3 of 503
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available
for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media
website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with
48 hour notification dial 711.
June 20, 2017 - Page 4 of 503
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: May 2, 2017 Town Council Meeting Minutes
ATTACHMENTS:
Description
Minutes from May 2, 2017 meeting
TOWN Of9
June 20, 2017 - Page 5 of 503
Vail Town Council Meeting Minutes
Tuesday, May 2, 2017
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 Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Deputy Town Clerk
1. Citizen Participation
Steven Connelly, Vail resident, complimented the Town on the expanded summer bus service
and he looked forward to contributing to the discussion concerning rent by owner in the future.
Chris Wolds, Vail resident, requested better signage on South Frontage Road near the Tyrolean
building. Currently the sign says "no stop required" and Wolds thought the drivers would stop
unnecessary honking.
Jenifer Teisinger, executive director of Bravo! Vail provided a preview of the upcoming concert
schedule. Reminding Council concerts start June 22, 2017.
2. Proclamation
2.1 Proclamation No. 5, Series of 2017, Economic Development Week May 8-13, 2017 and
Recognizing 2017 as the 91st Anniversary of the International Economic Development Council
Presenter(s): Dave Chapin, Mayor
Moffet moved to approve Proclamation No. 5, Series of 2017; Bruno seconded the motion and it
passed (7-0).
3. Consent Agenda
3.1 2017 Vail Overlay Contract Award
Background: Staff received 2 bids for the 2017 Vail Overlay Project. The project is budgeted
with the Capital Street Maintenance budget and is within the engineer's estimate. Roads
included in this year's asphalt overlay project include Bighorn Road. The project is scheduled
during the month of September 2017.
Town Council Meeting Minutes of May 2, 2017 Page 1
June 20, 2017 - Page 6 of 503
Moffet moved to approve the 2017 Vail Overlay Contract Award; Foley seconded the motion
and it passed (7-0).
4. Town Manager Report
Patty McKenny, Acting Town Manager, informed council there would be a public
groundbreaking for Chamonix Vail housing on May 16, 2017 from 11:30 — 12:30.
5. Presentations / Discussion
5.1 Red Sandstone School Parking Structure Project Update
Presenter(s): Greg Hall, Director of Public Works and Transportation
Action Requested of Council: The Town Council is being asked to provide direction to the staff
and school district regarding pursuit of a new parking structure on the Red Sandstone
Elementary School site in conjunction with the School District's remodel of the school. The staff
has posed questions for council direction at this time.
• Decide if the town should pursue a 3 level or 4 level structure
• Provide direction on the additional design components of the project
• Direct the Town Manager to enter into a Pre -development Agreement with Eagle County
School District in a form approved by the Town Attorney
• Authorize the Town Manager to negotiate a design contract with the Eagle County
Design Team in an amount not to exceed $ 900,000
• Amend the first supplemental budget by $ 1,300,000
Background: The purpose of this meeting is to present a progress report on the Red Sandstone
Elementary School Parking Structure project since the March 21 presentation, discuss the multi-
level parking structure project and receive direction from the Town Council.
Information to be presented includes:
• Pre -Development Intergovernmental Agreement with Eagle County School District
• 3 and 4 level Parking Structure options Cost and budgets for each structure option Initial
cost sharing methodology
• Project schedule
• Series of next steps for advancing the project forward
Staff Recommendation: Staff recommends the Town Council should pursue the four level
structure with the additional program components included. As the project progresses the staff
will return to the council with design updates prior to the August 1, 2017 deadline for additional
direction.
In addition, the Town Council should take action on the items below. The amount of design
effort expended by the August 1, 2017 deadline would be approximately 50 % of the anticipated
$900,000 design contract.
• Direct the Town Manager to enter into a Pre -development Agreement with Eagle County
School District in a form approved by the Town Attorney
• Authorize the Town Manager to negotiate a design contract with the Eagle County
design team in an amount not to exceed $ 900,000
• Amend the first supplemental budget by $ 1,300,000
Town Council Meeting Minutes of May 2, 2017 Page 2
June 20, 2017 - Page 7 of 503
Greg Hall presented design and pricing options for a 3 and 4 level parking structure at Red
Sandstone Elementary School (RSES). Public Art is included and there will also be off site
improvements such as the pedestrian walkway that crosses over Interstate 70. The preliminary
construction cost for a 3 level structure is approximately $7 million for 120 parking spaces. A 4
level structure would cost approximately $9 million and provide 160 spaces. Hall noted the 4th
level structure does provide some discount per parking and space and he estimated a 50 year
lifespan on the structure depending on maintenance. Hall stated once Eagle County School
District and the Town comes to an agreement for the design, staff will bring back more
information concerning cost sharing to council at the August 1 meeting.
Council agreed there is value to this project, but did express concern on cost sharing
commitment with the school district.
6. Action Items
6.1 Resolution No. 17, Series of 2017, A Resolution Approving a Pre -Development Agreement
Between the Town of Vail and Eagle County School District; and Setting Forth Details in Regard
Thereto
Presenter(s): Greg Hall, Director of Public Works and Matt Mire, Town Attorney
Action Requested of Council: Approve, amend or deny Resolution No. 17, Series of 2017
Background: The Town and the District have determined that it is in their respective best
interests and in the best interests of the populations the parking structure containing
approximately 160 spaces for parking, along with an access driveway and related
improvements, including without limitation necessary improvements to the lower parking lot on
the Property and the Frontage Road.
Steven Connelly stated parking is a problem, but really housing is our biggest issue.
Jeff Chamberlain, Eagle County School District representative, stated the District shares the
same cost sharing concerns, but does recognize the need to go forward with the design to see
what this project could really look like. Chamberlain said the District looks forward to partnering
with the Town.
Moffet made a motion to approve Resolution No. 17; Bruno seconded the motion; motion
passed 6-0 (Cleveland opposed)
6.2 Resolution No. 16, Series of 2017, a resolution supporting local and federal climate action
and including the Town of Vail as a signator on the Mayors National Climate Action Agenda
(MNCAA) open letter to the President
Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager
Action Requested of Council: Staff requests the Vail Town Council approve, approve with
modifications, or deny Resolution No. 16, Series of 2017.
Background: The Mayors National Climate Action Agenda (MNCAA) has requested that the
Town of Vail and other U.S. cities reaffirm their pledge to reduce emissions, increase resilience,
Town Council Meeting Minutes of May 2, 2017 Page 3
June 20, 2017 - Page 8 of 503
transition to a low -carbon economy, track progress transparently, and to assist them in urging
more cities to commit to immediate action. Resolution No. 16, Series of 2017 supports this
agenda and adds Vail as a signator to the Open Letter to the President, available here:
http://www.climate-mayors.orq/our-letter-to-the-president- march -2017/
Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 16,
Series of 2017.
Kristen Bertuglia reviewed the resolution with council.
Steven Connelly suggested the ban on plastic bags be extended to include retail and
restaurants. Connelly also wants to eliminate 20 minute idling.
Moffet made a motion to approve Resolution No. 16, series of 2017; Langmaid seconded;
motion passed 7-0.
6.3. Pedestrian Access Improvements in the Vicinity of 450 East Lionshead Circle (Treetops
Building), Permission to Proceed
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The owner of the Treetops Building, located at 450 East
Lionshead Circle, requests permission to proceed through the Design Review process for
improvements to the building's pedestrian access that is located partially on Town of Vail
property (E. Lionshead Circle ROW).
Background: The Treetops Building was constructed above an existing parking garage in 1986.
Access to the building, including the stairs and ADA ramp, are located partially on Town of Vail
property. Because of the property line location in close proximity to the building, the applicant is
requesting the use of Town of Vail property to improve the pedestrian access to the building.
Staff Recommendation: The Community Development Department recommends that the Vail
Town Council instructs town staff to:
• Sign the development application on behalf of the property owner and permit the project
to proceed through the development review process for the proposed improvements.
Georg Ruther reviewed the Treetops Building application with council. Ruther explained the
applicant is requesting the use of Town of Vail property to improve the pedestrian access to the
building. The proposal is to expand the ADA ramp further south, resulting in an increase of
ramp area within Town of Vail property by 50.15 square feet.
Moffet moved to direct staff to sign the development application on behalf of the property owner
and permit the project to proceed through the development process for the proposed
improvement; Bruno seconded; motion passed 6-0 (Foley recused himself due to conflict of
interest)
6.4 The purpose of this discussion is to make a final determination on the deed restriction
requirements for Chamonix Vail. The two issues discussed in this memorandum do not
practically affect the future purchasers of the homes at Chamonix Vail.
Town Council Meeting Minutes of May 2, 2017 Page 4
June 20, 2017 - Page 9 of 503
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: Provide direction to town staff on whether the draft Chamonix Vail
deed restriction should be further amended.
Background: The two issues discussed in the memorandum do not practically affect the future
purchasers of the homes at Chamonix Vail. Instead, they provide responses to questions asked
by the Vail Town Council.
George Ruther reviewed Chamonix Vail maximum resale price and foreclosure provisions with
council. Maximum resale price is the actual maximum price an owner can sell the home for in
the event of a resale. For Chamonix Vail homeowners the maximum resale price means
purchase price paid by the last qualified buyer plus: an increase of 1.5% per annum of such
purchase price (prorated at the rate of 1.12 for each whole month) from the date of owner's
purchase of the property to the date of the owner's execution of the listing contract, such
percentage increase to not be compounded annually; and the value of permitted capital
improvements. Section 10 of the Chamonix Vail Deed Restriction outlines the procedures which
must be followed in the event of a foreclosure. Staff reviewed similar deed restrictions to
compare and contrast Vail's deed restriction requirements with those of other communities. The
terms of the City of Aspen deed restrictions are almost identical to Vail's with two exceptions:
• If a lender obtains the deed in lieu of foreclosure the lender may only sell the home to a
qualified buyer, and,
• If the municipality exercises its first option to purchase and acquires the home, the
municipality may choose to rent the home versus sell the home, regardless of the
ownership provisions of the deed restriction.
Ruther recommended language is added to the deed restriction permitting the Town of Vail to
rent a deed restricted home to a qualified tenant, at the Town's sole discretion, in the event the
Town obtains the home utilizing its first option to purchase.
Council agreed with the deed restriction recommendations as presented.
6.5 Ordinance No. 3, Series of 2017, First Reading, An Ordinance Amending the Vail Town
Code to Adopt by Reference the 2010 Edition of the Model Traffic Code and Modifications
Thereto and Amending Related Provisions of Title 7 of the Vail Town Code
Presenter(s): Daric Harvey, Police Dept. Commander and Tom Kassmel, Engineer
Action Requested of Council: Approve, amend or deny Ordinance No. 3, Series of 2017
Background: The Town Council adopted the 1977 edition of the Model Traffic Code for Colorado
Municipalities in 1977. The Town has conducted a study to determine the safe speed limit for
local streets within the Town's jurisdiction. The Colorado Department of Transportation, Safety
and Engineering Branch updates and modifies the Model Traffic Code for Colorado from time to
time. Pursuant to C.R.S. §§ 42-4-110 and 42-4-111, and its home rule authority, the Town is
empowered to regulate traffic and vehicles operating on streets and highways within its
jurisdiction.
Daric Harvey, Police Commander reviewed the ordinance explaining the adoption of 2010
Edition of the Model Traffic Code and other modification to Title 7 of the Vail Town Code was for
traffic and pedestrian safety.
Town Council Meeting Minutes of May 2, 2017 Page 5
June 20, 2017 - Page 10 of 503
Council expressed concern about speeding in neighborhoods stating drivers currently ignoring
the speed limit signs. Council agreed the code needed to be updated and asked if the code
could be updated without changing the speed limit signs in neighborhoods.
Tom Kassmel, Town engineer, agreed and stated traffic calming such as speed bumps are
noticed by drivers more then speed limit signs. Matt Mire Town Attorney said yes code could be
updated without changing speed limit signs.
Council asked staff to provide more information during a work session.
6.6 South Frontage Road Improvements Design Contract Award
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Award South Frontage Road Design Improvements Contract.
Background: In conjunction with the adoption of the Vail Valley Medical Center (VVMC) Site
Specific Redevelopment Master Plan; the Town of Vail, the VVMC, and the Evergreen
collaborated to develop a South Frontage Road Improvement Plan that would accommodate
each existing and future access point to the above mentioned properties as well as
accommodate projected traffic growth along the South Frontage road. The Town put out an RFP
for Design services to complete the design and received two proposals.
Staff Recommendation: Staff recommends authorizing the Town Manager to enter into a design
contract with SGM to be funded by the traffic impact fee fund.
Tom Kassmel presented the South Frontage Road Improvements Design. The design would
incorporate existing and future access points to the Vail Valley Medical Center (VVMC), the
Municipal Building and the Evergreen Lodge. VVMC plan to submit the Phase II development
plan this month and confirming they intend to relocate utility lines along South Frontage Road
ROW this year. Along with a possible submittal of a development plan for the Evergreen
redevelopment; it is recommended the Town accelerate the design of the South Frontage Road
improvements one year in order to coordinate with these impending and future developments.
The necessary design fees can be supplemented into the 2017 budget from the existing
traffic impact fee fund, currently having a fund balance of -$950,000; and/or if desired,
the funding could also be reallocated from the Vail Renewal Authority (VRA) TIF dollars,
which are currently budgeted for this project in 2018 & 2019, in the amount of $100k
and $3.5 Million respectively. Council may elect to award a partial design contract, to receive
only 30% design drawings. This would allow Council to award about 55% of the total contract
amounts; FHU ($290,000), SGM ($210,000). Staff suggests Council awards the entire design
contract, with a stipulation within the contract that requires a formal notice to proceed for
the consultant to move beyond the 30% design milestone.
Council would like to see more commitment from the partners.
Cleveland made a motion to authorize the Town Manager to sign the design contract; Foley
seconded; motion passed 6-0 (Moffet opposed).
6.7 Gore Valley Trail Connection Reconstruction Contract Award
Presenter(s): Tom Kassmel, Town Engineer
Town Council Meeting Minutes of May 2, 2017 Page 6
June 20, 2017 - Page 11 of 503
Action Requested of Council: Award Construction Contract for Gore Valley Trail Connection
Reconstruction.
Background: The Town has budgeted to reconstruct the Gore Valley Trail connection to the
South Frontage Road near the Vail Underpass project. Town has received a bid from Kraemer
NA to complete the work.
Staff Recommendation: Staff recommends authorizing the Town Manager to enter into a
contract with Kraemer NA.
Tom Kassmel presented the Gore Valley Trail Underpass Connection Realignment with council.
The Town has budgeted $150,000 this year to reconstruct the bike path that connects the Gore
Valley Trail to the South Frontage Road adjacent to the new 1-70 Vail Underpass. Since the
Underpass project lowered the Frontage Road, there is now the opportunity to significantly
reduce the existing steep 22% bike path grades to 5%. This would require two new switchbacks
and the relocation of the existing overhead powerlines. In order to cover the cost of realigning
the bike path staff has also requested to roll over the Recreation Path Maintenance savings
from 2016 of -$94,000, providing a total budget of -$244,000. The Town received a bid from
Kraemer NA to reconstruct and realign the path in the amount of $213,491; $182,000 for the
bike path realignment and an additional $32,000 for improved landscape
There was no discussion.
Moffet made a motion to authorize the Town Manager to enter into a contract with Kraemer NA;
Bruno seconded; motion passed 7-0
7. Public Hearings
7.1. Second reading of Ordinance No. 2, Series 2017, an ordinance making budget adjustment
to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund and
Heavy Equipment Fund.
Presenter(s): Carlie Smith, Budget Analyst
Action Requested of Council: Approve or approve with amendments Ordinance No. 2, Series
2017.
Background: This is the second reading for the first supplemental budget appropriation of 2017.
Staff Recommendation: Approve or approve with amendments Ordinance No. 2, Series 2017.
Kathleen Halloran Finance Director reviewed the changes per council's request on first reading.
The General Fund ended 2016 with a surplus of $3.7 million, a combination of increased
revenue ($1.3 million) and $2.4 million operational savings. Halloran explained that all projects
discussed tonight are budgeted for except the RSES and council could add that item in the
motion.
Council would like to hear more details about Ski Museum renovation and how $500,000 Town
contributions would be used.
Town Council Meeting Minutes of May 2, 2017 Page 7
June 20, 2017 - Page 12 of 503
Moffet moved to approve Ordinance No. 2, Series of 2017 on second reading with the addition
of $1.3 million for RSES; Foley seconded; motion passed 7-0.
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 8:25 p.m.
Respectfully Submitted,
Attest:
Dave Chapin, Mayor
Patty McKenny, Town Clerk
Town Council Meeting Minutes of May 2, 2017 Page 8
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TOWN IfO
VAIL TOWN COUNCILAGENDA MEMO
ITEM/TOPIC: Resolution No. 20, Series of 2017, Resolution approving an amended and
updated Noxious Weed Management Plan; and setting forth detail in regard thereto
ATTACHMENTS:
Description
Memo and Resolution No. 20, Weed Management Plan Updates
June 20, 2017 - Page 14 of 503
TOWN OF VAIL
Memorandum
To: Vail Town Council
From: Department of Public Works
Date: June 20, 2017
Subject: Resolution 20, Series 2017
Town of Vail Weed Management Plan Update
I. INTRODUCTION
In 2004, the Vail Town Council adopted the Town of Vail Noxious Weed Ordinance and
the associated Town of Vail Weed Management Plan (the "Plan") as required by
Colorado Revised Statutes section 35-5.5, the Colorado Noxious Weed Act. The town
ordinance establishes that the Vail Town Council shall be the local Noxious Weed
Advisory Board and that the Plan should be "annually reviewed and updated."
II. WEED MANAGEMENT PLAN
The adopted Weed Management Plan generally outlines the goals of weed management
efforts, recommends Integrated Pest Management techniques and lists specific invasive
plant species for management. The Plan also provides management strategies for those
species. The purpose of updating the Plan is to ensure it is consistent with current weed
management efforts. It has not been updated since its adoption in 2004.
The updates to the Plan include revisions to the town's Noxious Weed List, the addition
of several Goals, minor text edits and the substitution of existing plant descriptions and
management strategies with standard Colorado Department of Agriculture information.
The result is simply a more current, streamlined and functional document.
III. ACTION REQUESTED BY COUNCIL
Staff requests that the Town Council adopt Resolution 20, Series 2017 to update the
Town of Vail Weed Management Plan.
IV. STAFF RECOMMENDATION
Staff recommends that the Town Council adopt Resolution 20, Series 2017 which
updates the Town of Vail Weed Management Plan.
Attachments:
• Resolution 20, Series 2017
• Proposed Weed Management Plan Update
June 20, 2017 - Page 15 of 503
RESOLUTION NO. 20
Series of 2017
A RESOLUTION APPROVING AN AMENDED AND UPDATED NOXIOUS WEED
MANAGEMENT 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");
WHEREAS, the members of the Town Council of the Town (the "Council") have been duly
elected and qualified; and
WHEREAS, the Town's noxious weed management plan (the "Plan") has been amended
and updated as required by the Vail Town Code, and consistent with C.R.S. § 35-5.5-101 et seq.,
"The Colorado Noxious Weed Act";
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1. The Plan is hereby approved in substantially the same form attached hererto as
Exhibit A and in a form approved by the Town Attorney.
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 20th day of June, 2017.
Dave Chapin,
Mayor of the Town of Vail, Colorado
ATTEST:
Patty McKenny,
Town Clerk
Resolution No. 20, Series of 2017
June 20, 2017 - Page 16 of 503
TOWN IfO
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 21, Series of 2017, Intergovernmental Agreement Between the
Town of Vail and the United States Forest Service for Timber Sale Associated with Intermountain
Fuels Reduction Project
ATTACHMENTS:
Description
Staff Memo Regarding Resolution No. 21_ Timber Sale IGA
Resolution No. 21, Series of 2017
Vail Intermountain Timber Sale Contract
June 20, 2017 - Page 17 of 503
TOWN OF VAIL'
Memorandum
To: Vail Town Council
From: Paul Cada, Wildland Program Administrator
Date: June 20, 2017
Subject: Resolution No. 21, Series of 2017, an IGA Between the Town of Vail and The
United States Forest Service for a Timber Sale Associated with the Intermountain
Fuels Reduction Project
I. Background
For the past 4 years the Town of Vail and United States Forest Service (USFS) have
been working together to develop and implement the Intermountain Fuels and Forest
Health project. During the project implementation planning, the USFS and Town staff
discussed methods to streamline project implementation. It was decided that the USFS
would contract and implement the phase 1 hand treatment units and the Town would
contract and implement the phase 2 helicopter logging units. This decision was based
on the complex nature of the helicopter logging project and the Town's ability to solicit
contracts and make agreements. An additional benefit of the Town implementing phase
2 is a higher level of control over the helicopter logging project.
Since the entirety of the helicopter logging treatment area is on USFS land, the USFS
must transfer the responsibility for treatment over to the Town. The process that was
chosen to transfer this responsibility was through the use of a timber sale agreement.
The timber sale agreement spells out specific responsibilities the Town has for the
completion of the project area in compliance with the environmental review that was
completed in 2016. The USFS is obligated to account for the value of the forest
products that are removed through all timber sale activity. Because of this, the Town
will be required to make a payment of $348.05 to account for the value of the wood
products contained in the 43 acres of the project area.
11. Staff Recommendation
Approve Resolution No. 21, Series of 2017 to enter into an IGA between the Town of
Vail and U.S. Forest Service for the timber sale associated with the Intermountain
Fuels Reduction Project.
Sample motion: I move to approve on consent, Resolution 21 to enter into an IGA
between the Town and U.S. Forest Service for the timber sale associated with the
Intermountain Fuels Reduction Project.
June 20, 2017 - Page 18 of 503
RESOLUTION NO. 21
Series of 2017
A RESOLUTION APPROVING A TIMBER SALE AGREEMENT BETWEEN THE TOWN OF VAIL
AND THE UNITED STATES FOREST SERVICE; 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, for the past 4 years the Town and U.S. Forest Service (the "USFS") have been
working together to develop and implement the Intermountain Fuels and Forest Health project (the
"Project");
WHEREAS, because, as part of the Project, the helicopter logging treatment area is on
USFS land, the USFS must transfer the responsibility for treatment over to the Town. The process
chosen to transfer this responsibility was through the use of a timber sale agreement (the
"Agreement"); and
WHEREAS, the Agreement spells out the Town's responsibilities for the completion of the
Project area in compliance with the environmental review that was completed in 2016.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1. The Agreement is hereby approved in substantially the same form attached hererto
as Exhibit A and in a form approved by the Town Attorney.
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 20th day of June, 2017.
Dave Chapin,
Mayor of the Town of Vail, Colorado
ATTEST:
Patty McKenny,
Town Clerk
Resolution No. 21, Series of 2017
June 20, 2017 - Page 19 of 503
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
TIMBER SALE CONTRACT
(Applicable to Sales to be Measured before Felling)
Name of Purchaser
National Forest
White River
Ranger District
Holy Cross
Region
Rocky Mountain
Contract Number
Sale Name
Vail Intermountain
Award Date
Termination Date
12/31/2018
The parties to this contract are The United States of America, acting through the Forest Service, United States Department of
Agriculture, hereinafter called Forest Service, and hereinafter called Purchaser.
Unless provided otherwise herein, Forest Service agrees to sell and permit Purchaser to cut and remove Included Timber and
Purchaser agrees to purchase, cut, and remove Included Timber.
This contract consists of three Divisions: AT - Specific Conditions, BT - Standard Provisions, and CT - Special Provisions, together
with Sale Area Map, Plans and specifications for developments (if any), and such attachments as may be provided for in
Division CT. Specific Conditions are numbered and apply to the Part, Section, Subsection, or Item of the Standard Provisions, as
indicated hereunder. Other conditions of this contract are stated in Division CT - Special Provisions.
IN WITNESS WHEREOF, the parties hereto have executed this contract as of the award date.
Two Witnesses:1 "
(Name)
(Address)
By:
UNITED STATES OF AMERICA
Contracting Officer
(Title)
By: (Purchaser) 2/
(Name) (Title)
(Address) (Business Address)
1,3/ , certify that I am the
Secretary of the corporation named as Purchaser herein; that
who signed this contract on behalf of Purchaser, was then
of the corporation; that the contract was duly signed for and in behalf of the corporation by authority of its governing body, and is
within the scope of its corporate powers.
CORPORATE
SEAL 4/
1 Contract 2400-6T, Page 101 (6106)
June 20, 2017 - Page 20 of 503
Sale Name: Vail Intermountain Contract No:
INSTRUCTIONS:
1/ The signatures and addresses of two witnesses are required if Purchaser is other than a corporation.
2/ If Purchaser is a co -partnership, the signatures should be: XYZ Company, by John Doe, a member of the firm. If Purchaser is a
corporation, form of signature should be: XYZ Company, by John Doe, President (or other officer or agent) and the seal of the
corporation must be impressed or indicated.
3/ The certificate must be completed if Purchaser is a corporation.
4/ If the corporation has no corporate seal that fact shall be stated, in which case a scroll or adhesive seal shall follow the corporate
name.
EXAMPLE 1/
Subcontractor Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion
Timber Sale Name:
National Forest:
The prospective subcontractor (participants in lower tier covered transactions) certifies, by submission of this
proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this timber sale by any Federal department or agency.
Where the prospective subcontractor is unable to certify to any of the statements in this certification, such
prospective subcontractor shall attach an explanation to this proposal.
Name of Subcontractor:
Business Address:
Date Signature
1/ It is the Purchaser's responsibility to have subcontractors complete this certification and to maintain a file
of completed certifications. This certification does not need to be returned to the Forest Service, except at the
written request of the Contracting Officer.
June 20, 2017 - Page 21 of 503
Sale Name: Vail Intermountain
Contract No:
The following conditions apply to the indicated portions of Division BT - Standard Provisions issued June 2006.
AT1 - Location and Area, applicable to BT1.1
This Sale Area of 444 acres more or less is located in:
portions of surveyed Sections 12, 13, 14, 22 and 23, T5S, R8IW, 6th Principal Meridian, Eagle County, Colorado
AT2 - Volume Estimate and Utilization Standards, applicable to BT2.1, BT2.2, BT2.4, and BT6.4
Species
Productquantity
Estimated
*
Unit of
Measure
Minimum Specifications
Merchantable Tree
Piece Required to be Removed
Diameter
Breast
High
(d.b.h.)
(inches)
Number
of
Minimum
Pieces
per Tree
Length
(feet)
Diameter
Inside
Bark at
Small End
(inches)
Net
Merch.
Factor
Live/Dead Lodgepole Pine and
Other Conifer
Sawtimber
1,233.10
CCF
7.0
1
8
6.0
10.67
Live/Dead Lodgepole Pine and
Other
Non -Saw
38.10
CCF
5.0
1
6.5
4.0
16
Live/Dead Biomass (topwood)
Grn Sio Cv
121.00
CCF
4.0
1
4
4.0
16
Total Quantity
1,392.20
CCF
*Quantities not included here are described in BT2.4.
AT3- Timber Designations, applicable to BT2.3; acres are approximate:
Clearcutting Units (BT2.31)
Specified Road Clearing (BT2.32)
Overstory Removal Units (BT2.33)
Understory Removal Units (BT2.34)
Individual Trees (BT2.35)
Incompletely Measured Payment Units (BT2.36)
Number
9
Acres
43.06
2 Contract 2400-6T, Page 102 (6/06)
June 20, 2017 - Page 22 of 503
Sale Name: Vail Intermountain
Contract No:
AT4 - Timber Payment Rates, applicable to BT3.1 and BT4.0
AT4a - For Species and Products to be Paid for at Rates Escalated under BT3.2
Not Applicable
AT4b- For Species and Products to be Paid for at Flat Rates
Species
Product
Unit of
Measure
Rates per Unit of Measure
Base
$
Advertised
$
Bid
Premium
$
Bid
(Flat)
$
Required
Deposits
Slash
Disposal
$
Live/Dead Lodgepole Plne and
Other Conifer
Sawtimber
CCF
.25
.25
.00
Live/Dead Lodgepole Pine and
Other
Non -Saw
CCF
.25
.25
.00
Live/Dead Biomass (topwood)
Grn Bio Cv
CCF
.25
.25
.00
For purposes of convenience in collection and bookkeeping, Bid Rates stated in AT4 include payment of deposits for sale area betterment
required pursuant to 16 USC 576b. Such deposits are not included as Required Deposits defined hereunder.
3 Contract 2400-6T, Page 103 (6106)
June 20, 2017 - Page 23 of 503
Sale Name: Vail Intermountain
Contract No:
AT4c - Schedule of Payment Units
Pay -Total
ment
Unit
No.
App
rox.
Acres
Quantity of Species and
Products to be Escalated
under AT4a
Total
Tentative
Payment
$
Quantity of Species and
Products to be Paid for at
Flat Rates under AT4b
Fiat
Rate
Payment
$
Total
Required
Deposits
for Slash
Disposal
$
1
43.06
LivelDead Lodgepole Sawtimber 1,233.10 CCF
Plne and Other
Conifer
LivelDead Lodgepole Non -Saw 38.10 CCF
Pine and Other
LivelDead Biomass Grn Bio Cv 121.00 CCF
(topwood)
.00
Total PU Quantity And Value 1,392.20 CCF
4 Contract 2400-6T, Page 104 (6106)
June 20, 2017 - Page 24 of 503
Sale Name: Vail Intermountain
Contract No:
The following definitions are established for the terms used in AT4:
Base Rates are the lowest rates of payment for timber that are authorized by this contract. Base Rates remain constant throughout the
life of this contract and are not subject to change by rate redetermination, except for reduction under BT3.31, BT3.32, or BT3.33.
Advertised Rates are the minimum acceptable Bid Rates for timber, exclusive of Required Deposits. These rates are those indicated
by appraisal, with a cost allowance made for construction of Specified Roads listed in AT7, but are never less than Base Rates,
Bid Premium Rates are the amounts by which Purchasers bid is in excess of Advertised Rates. The Bid Premium Rates are constant
during this contract, except as provided in BT3.31, BT3.32, and BT3.33.
Bid Rates are the rates bid by Purchaser (exclusive of Required Deposits for slash disposal and road maintenance) and are the sum of
Advertised Rates and Bid Premium Rates. Until a rate redetermination becomes effective, the Bid Rate for species and products in
AT4a is the Tentative Rate that is subject to quarterly adjustment under BT3.2; for species and products in AT4b, the Bid Rate is the
Flat Rate.
Required Deposits are deposits that Purchaser may be required to pay for slash disposal (16 USC 490) and road maintenance (16
USC 537). Required Deposits may be adjusted as part of a rate redetermination or a Contract Term Extension. The table shows only
Required Deposits for slash disposal; road maintenance deposits, if any, are given in CT5.32#.
Base Index is the specified average of the lumber or other product selling value index used as the basis for computing adjustment in
rates for variance in product selling value, as provided in BT3.2.
ATS - Indices Used in Quarterly Adjustment, applicable to BT3.2
Not Applicable
AT6 - High Stumps, applicable to BT6.412
Species
Product
Maximum Stump Height
(inches)
LivelDead Lodgepole Plne and Other
Conifer
Sawtimber
12
Live/Dead Lodgepole Pine and Other
Non -Saw
6
5 Contract 2400-6T, Page 105 (6106)
June 20, 2017 - Page 25 of 503
Sale Name: Vail Intermountain
Contract No:
AT7 - Specified Roads, applicable to BT5.2
Name and Date of Governing Road Specifications:
Project
Design
Class
Approx.
Length
mi./km.
( 1
Sheet Numbers
and
Approval Date
Pp
Performance Responsibility
Survey
Design
Construction
Staking 11
Road No.
Name
NOT APPLICABLE
1/ Indicate timing, i.e. before clearing (BC) or after clearing (AC). Applicable to BT5.212.
AT8 - Forest Service Engineering Completion Schedule, applicable to BT5.21
Road No.
Road Name
Type of Work 1 Completion Date
NOT APPLICABLE
AT9 - Fire Precautionary Period, applicable to BT7.2
July 01 to October 15 , inclusive
AT10 - Purchaser Responsibility to Furnish Crews and Equipment for:
Initial Fire Supression, applicable to BT7.3
Within 5 road miles
Fire Suppression Reinforcement, applicable to BT7.312 and BT7.313
Within 80 road miles
ATI I - Purchaser's Obligation per Operations Fire, applicable to BT7.41
Maximum Amount: $ 55,300
AT12 - Termination Date, applicable to BT8.2
December 31, 2018
ATI3 - Normal Operating Season, applicable to BT6.31, BT6.66, BT8.21 and BT9.3
First Period: July 01 to October 14 , inclusive
Second Period: to inclusive
6 Contract 2400-6T, Page 106 (6106)
June 20, 2017 - Page 26 of 503
Sale Name: Vail Intermountain Contract No:
AT14 - Performance Bond, applicable to BT9.1
Performance Bond Amount:
6(a) Contract 2400-6T, Page 106(a) (6106)
June 20, 2017 - Page 27 of 503
Sale Name: Vail Intermountain Contract No:
AT15 - Downpayment, applicable to BT4.211
Downpayment Amount:
AT16 - Periodic Payment Amount, applicable to BT4.213
Periodic Payment Determination Date Amount
initial Payment: N/A N/A
Additional Payment: N/A N/A
AT17 - Market -Related Contract Term Addition Producer Price Index, applicable to BT8.212
Index Name: Softwood Lumber Index Number: 0811
AT18 - Inapplicable Standard Provisions
The following listed Sections, Subsections, or Items of Division BT - Standard Provisions - are hereby made inapplicable.
(Instructions: List by reference number and title.)
BT4.211 DOWNPAYMENT
BT4.31 BLANKET BOND
BT4.4 PAYMENTS NOT RECEIVED
BT8.212 MARKET -RELATED CONTRACT TERM ADDITION
AT19 - List of Special Provisions
The following listed special provisions are attached to and made a part of this contract as Division CT. Provisions with
reference numbers followed by # contain blanks into which data have been entered for this sale. (Instructions: List by
reference number, title, and date.)
CT2.3#
CT2.301 #
CT4.211
CT4.212
CT4.31 #
CT4.4
CT5.36#
CT6.312#
CT6.32#
CT6.42#
CT6.6#
CT6.602#
CT6.7#
CT6.71
CT6.8#
CT6.81#
CT7.2
CT7.20
CTB.212
CTB.66# (Option 1)
RESERVE TREES (04/2004)
CUTTING UNIT BOUNDARIES (09/2001)
DOWNPAYMENT (06/2007)
TEMPORARY REDUCTION OF DOWNPAYMENT (08/2009)
BLANKET BOND (09/2001)
PAYMENTS NOT RECEIVED (08/2012)
SNOW REMOVAL (09/2001)
SALE OPERATION RESTRICTIONS (04/2004)
PROTECTION OF RESERVE TREES (04/2004)
SKIDDING AND YARDING (SPECIAL OBJECTIVES) (11/1998)
EROSION PREVENTION AND CONTROL (11/1998)
PROTECTION OF DISTURBED AREAS FROM ESTABLISHMENT OF NOXIOUS WEEDS (11/1998)
SLASH TREATMENT (04/2003)
CHANGE IN SLASH TREATMENT (1111998)
MEASURING (09/2003)
ACCOUNTABILITY (04/2003)
FIRE PRECAUTIONS (09/1993)
FIRE PRECAUTIONS (HELICOPTER) (09/2001)
MARKET -RELATED CONTRACT TERM ADDITION (11/2008)
USE OF TIMBER (04/2004)
7 Contract 2400-6T, Page 107 (6/06)
June 20, 2017 - Page 28 of 503
Sale Name: Vail. Intermountain
CT2.3# - RESERVE TREES (04/2004)
Page 141
Notwithstanding the designations for cutting under BT2.31, BT2.32, BT2.33, or BT2.34, live or dead SEED
TREE reserve trees or groups of reserve trees within such cutting units or clearings shall be left uncut.
Such Reserve trees are identified by Species (Douglas Fir) and shall be protected in accordance with
CT6.32#• Units with reserve trees are shown on the Sale Area Map.
CT2.301# - CUTTING UNIT BOUNDARIES (09/2001)
The boundaries of cutting units are designated as shown in the following table. The trees used for
boundary designation are not to be cut.
See Cutting Unit Boundary Designation Table
June 20, 2017 - Page 29 of 503
Page 142
Sale Name: VAIL INTERMOUNTAIN
CT2.301# - CUTTING UNIT BOUNDARIES. (9/01)
Cutting Unit Boundary Designation Table
Cutting Unit
Paint Color
Designation
Boundaries are designated on
121, 122, 123, 221, 222,
ORANGE
trees with two vertical stripes,
321, 322, 323, 521
and a dot. The vertical stripe
is visible from each direction
along the boundary line and
extends from approximately 3
feet above ground level to
approximately 6 feet above
ground level. The dot faces
into the center of the unit and
is painted at approximately 6
feet above ground level and is
at least 3-4 inches in diameter.
At least one stump mark is
painted on the downhill side of
the tree.
June 20, 2017 - Page 30 of 503
Sale Name: Vail Intermountain
CT4.211 - DOWNPAYMENT (06/2007)
Page 143
The downpayment amount shown in AT15 may not be applied toward any other payment required under the
provisions of this contract, except damages determined pursuant to BT9.4, transferred to other timber
sales, or refunded until (a) stumpage value representing 25 percent of the total bid value of the timber
sale is shown on Timber Sale Account to have been cut, removed, and paid for, or (b) the estimated value
remaining to be cut and removed, as shown on Timber Bale Account, is equal to or less than the amount of
the downpayment, or (c) if 36 CFR 223.49(e) is applicable, the estimated value remaining to be cut and
removed, as shown on Timber Sale Account, is equal to or less than the amount of the downpay-ment. For lump
sum timber sales, the downpayment may be applied to payment for release of the single payment unit.
If Forest Service makes a determination that this contract should not have been included under in-
creased downpayment requirements (36 CFR 223.49(e)), the downpayment shall be revised and applied in
accordance with 36 CFR 223.49(f).
CT4.212 - TEMPORARY REDUCTION OF DOWNPAYMENT (08/2005)
Notwithstanding BT4.211 or CT4.211, upon the Purchasers written request Forest Service may temporarily
reduce the downpayment when Purchasers scheduled operations are delayed or interrupted for 30 or more
consecutive days, or the contract term is extended for 30 or more consecutive days for any of the following
reasons:
(1) Forest Service requests or orders Purchaser to delay or interrupt scheduled operations for reasons
other than breach;
(2) Purchaser interrupts or delays scheduled operations to work on a sale designated by the Forest
Service as in urgent need of harvesting; or
(3) An adjustment of the contract term authorized upon a determination of substantial overriding
public interest, including a market -related contract term addition, or an urgent removal contract term
extension under 36 CFR 223.53.
When Purchaser is not cutting or removing timber under contract during a qualifying period of delay,
interruption, or extension listed above the downpayment may be reduced to $1000 or 2 percent of the
downpayment amount stated in the contract, whichever is greater. The Purchaser must restore the
downpayment to the full amount stated in the contract within 15 days from receipt of the bill for
collection and written notice from the Contracting Officer that the basis for temporarily reducing the
downpayment no longer exists. Purchaser shall not cut or remove timber on a contract where the downpayment
has been temporarily reduced until the downpayment amount stated in the contract is fully restored.
June 20, 2017 - Page 31 of 503
Sale Name: Vail Intermountain
CT4.31# - BLANKET BOND (09/2001)
Page 144
If Purchaser furnishes an acceptable bond or deposits securities, in accordance with BT4.3, to guarantee
payment for timber from this and other timber sales within the same Contracting Zone, the amount of such
bond or deposited securities shall be allocated to such sales by Forest Service. When there is to be no
timber cutting hereunder for 30 calendar days or more and payment of current charges has been made, the
allocation to this sale shall be reallocated to other sales at Purchasers request, and purchaser shall not
start cutting hereunder until this sale receives an allocation which will, in combination with transferred -
in Purchaser Credit, meet the obligation for payment guarantee.
A Contracting Zone as stated in this provision contains the following National Forests;
Contracting Zone National Forests
NZ Bighorn National Forest
NZ Medicine Bow-Routt National Forest
NZ Arapaho/Roosevelt National Forest
NZ Shoshone National Forest -
NZ White River National Forest
June 20, 2017 - Page 32 of 503
Sale Name: Vail Intermountain
CT4.4 - PAYMENTS NOT RECEIVED (06/2012)
Page 145
(a) Payments are due and payable on the date of issue indicated on the bill for collection. When a payment
for timber cut and other charges is not received at the location designated by Forest Service by the date
specified in the bill for collection, Contracting Officer will suspend all or any part of Purchaser's
Operations until payment or acceptable payment guarantee is received. Other charges include, but are not
limited to:
(i) Slash disposal and road maintenance deposits;
(ii) Cooperative work at rates established by specific agreement under BT4.218;
(iii) Damages pursuant to BT9.4;
(iv) Road use fees;
(v) Restoration of downpayment pursuant to
BT4.22;
(vi) Periodic payments pursuant to BT4.213;
(vii) Extension Deposits pursuant to BT4.217; and
(viii) Other mandatory deposits.
(b) Failure to pay amounts due by the date specified
in collection shall be considered a
begin to run as of the end of
the performance or payment is guaranteed by
notification of breach. Demand will be made
bond instrument for immediate payment 10 days
the bill
for
breach under BT9.3. The 30 -day notice period prescribed therein shall
business on the date specified for receipt of payments. If
surety bond, the surety will receive a copy of the written
the surety or other institution providing the guarantee or
after issuance of written notification of the breach.
(c) Pursuant to the Debt Collection Improvement Act of 1996, as amended, if payment is not received by
Forest Service within 15 days after the date of issue indicated on the bill for collection:
(i) Simple interest shall be assessed at the Current Value of Funds Rate as established by the Secretary
of the Treasury. Interest will begin Co accrue as of the date of issue indicated on the initial bill for
collection.
(11) Debtors will be assessed administrative charges, in addition to the delinquent amount due.
Administrative charges are those additional costs incurred by the Government in processing, handling, and
collecting delinquent debts.
(iii) A penalty charge of six (6) percent per annum will be assessed on any portion of a debt delinquent
more than 90 days. This penalty charge is in addition to interest and administrative charges under
paragraphs (c) (i) and (c)(ii). The penalty charge shall accrue from the date of issue indicated on the bill
for collection and shall be assessed on all outstanding amounts, including interest and administrative
costs assessed under paragraphs (c)(i) and (c)(ii).
(iv) Payments will be credited on the date received by the Federal Depository or Collection Officer
designated on the bill for collection.
(d) Forest Service remedies for Purchaser's failure to make payment for timber cut and other charges when
due, except for accrual of interest, suspension of all or any part of Purchaser's Operations, and
administrative offset, shall be stayed for so long as:
(1) A bona fide dispute exists as to Purchaser's obligation to make such payment and
(ii) Purchaser files and prosecutes a timely Claim.
on
June 20, 2017 - Page 33 of 503
Sale Name: Vail Intermountain
CT5.36# - SNOW REMOVAL (09/2001)
Page 146
Snow removal shall be done in a manner to preserve and protect the roads to insure safe and efficient
transportation and to prevent unacceptable erosion damage to roads, streams, and adjacent lands.
A. Description. Snow removal work by Purchaser shall include:
1. Removal of snow from entire road surface width including turnouts.
2. Removal of snow slides, minor earth slides, fallen timber and boulders that obstruct normal road
surface width including turnouts.
3. Maintain drainage so that the drainage system will function efficiently.
B. Performance. All items of snow removal shall be done currently as necessary to insure safe, efficient
transportation. Work shall be done in accordance with the following minimum standards of performance.
1. Removal of material. All debris, except snow and ice, that is removed from the road surface and
ditches shall be deposited away from stream channels at agreed locations.
2. During snow removal operations, banks shall not be undercut nor shall gravel or other selected
surfacing material be bladed off the roadway surface.
3. Ditches and culverts shall be kept functional during and following roadway use.
4. Snow berms shall not be left on the road surface. Berms left on the shoulder of road shall be removed
and/or drainage holes shall be opened and maintained. Drainage holes shall be spaced as required to obtain
satisfactory surface drainage without discharge on erodible fills.
5. Dozers and skidders shall not be used to plow snow on system roads without written approval of Forest
Service. Upon approval, dozers and skidders must be equipped with shoes or runners to keep the plow blade
a minimum of 3.0 inches above the road surface unless specifically removed from the requirements in
writing.
6. Snow must not be removed to the road surface. A minimum 3.0 inch depth must be left to protect the
roadway.
7. Purchaser's damage from, or as a result of, snow removal shall be restored in a timely manner.
CT6.312# - SALE OPERATION RESTRICTIONS (04/2004)
Unless otherwise agreed to in writing, sale operations will be restricted as listed below:
See Sale Operation Restriction Schedule
June 20, 2017 - Page 34 of 503
Page 147
Sale Name: VAIL INTERMOUNTAIN
CT6.312# - SALE OPERATION RESTRICTIONS. (4/04)
Cutting Unit
Restriction
Purpose
121, 122, 123, 221, 222,
No logging operations
To minimize disturbance
321, 322, 323, 521
(felling, limbing, bucking
within deer migration
and yarding) from October
corridor and within elk
16 to June 30, annually.
winter range
121, 122, 123, 221, 222,
No helicopter yarding on
To minimize helicopter
321, 322, 323, 521
weekends (Saturday and
noise and disruption to the
Sundays), annually.
community.
121, 122, 123, 221, 222,
No logging operations
To minimize disruption
321, 322, 323, 521
(felling, limbing, bucking
and yarding) outside of
to the community.
Town of Vail work hours
(sunup to sundown),
annually.
June 20, 2017 - Page 35 of 503
Sale Name: Vail Intermountain
CT6.32# - PROTECTION OF RESERVE TREES (04/2004)
Page 148
Purchaser's damage or destruction of reserve trees described in CT2.3# will cause serious and substantial
silvicultural or other damage to the National Forest. It will be difficult if not impossible to determine
the amount of such damage. Therefore, Purchaser shall pay es fixed, agreed, and liquidated damages $ 100
for each SEED TREE (Douglas Fir) reserve tree and $ N/A, for each N/A reserve tree damaged or destroyed
by Purchasers Operations, in addition to amounts payable under BT3.44 and BT3.45.
Damage, as used herein, includes any injury to the living crown, bole, or roots of reserve trees. If areas
are marked on the ground around such reserve trees, operation of heavy equipment or skidding of prod-ucts
within the area shall be considered to be damage to the tree.
CT6.42# - SKIDDING AND YARDING (SPECIAL OBJECTIVES) (11/1998)
Unless otherwise agreed in writing, silvicultural prescriptions and land management objectives shall be
conducted and accomplished by the following requirements, methods and procedures:
See Skidding and Yarding Table
June 20, 2017 - Page 36 of 503
Page 149
Sale Name: VAIL INTERMOUNTAIN
CT6.42# - SKIDDING AND YARDING (SPECIAL OBJECTIVES) (11198)
. Cutting Unit
Special Objectives
121, 122, 123,
221, 222,
321,
322,
323,
No ground based skidding or yarding
521
equipment allowed to operate within timber
sale area
121,
122,
123,
221, 222,
321,
322,
323,
Helicopter Yarding required
521
June 20, 2017 - Page 37 of 503
Sale Name: Vail Intermountain
CT6.64 - EROSION PREVENTION AND CONTROL (11/I998)
Page 150
A. Purchaser shall locate Temporary Roads on locations approved by the Forest Service. Such location
shall include the marking of road centerline or grade -line and the setting of such construction stakes as
are necessary to provide a suitable basis for economical construction and the protection of National Forest
lands.
B. Skidding with tractors within 111 feet of live streams shall not be permitted except in places
designated in advance by Forest Service, and in no event shall skid roads be located in live or
intermittent streamcoursss. Skid trails shall be located high enough out of draws, swales, and valley
bottoms to permit diversion of runoff water to natural undisturbed forest ground cover.
C. Prior to periods of accelerated water runoff, especially during the spring runoff and periods of heavy
rainfall, Purchaser shall inspect and open culverts and drainage structures, construct special cross
ditches for road runoff, and take other reasonable measures needed to prevent soil erosion and siltation of
streams.
D. Temporary Road surface width shall be limited to truck bunk width plus four (4) feet, except for needed
turnouts which shall not exceed two (2) times the bunk width plus four (4) feet. If shovels or cranes with
revolving carriage are used to skid or load, Temporary Road surface width equal to track width plus tail
swing shall be permitted.
E. unless otherwise agreed in writing, Purchaser shall keep erosion control work current with his
operations under the sale and in any case not later than 15 days after completion of skidding on each
payment unit or cutting unit.
June 20, 2017 - Page 38 of 503
Sale Name: Vail Intermountain
CT6.602# - PROTECTION OF DISTURBED AREAS FROM ESTABLISHMENT OF NOXIOUS WEEDS (11/1998)
Page 151
In addition to the requirements of CT6.601#; Purchaser shall seed and fertilize areas where mineral soil is
exposed as designated by the Forest Service.
Unless otherwise agreed to in writing, seeding shall be done in the early spring or fall during weather and
moisture conditions favorable for quick germination and growth of the plants. Seeding shall be completed
in a timely manner following the last disturbance activity by the purchaser in the disturbed area.
The Certified seed analysis reports from each container shall be provided by Purchaser to the Forest
Service prior to application of the seed. Seed and fertilizer shall be spread evenly at the rate of 20
pounds of seed and N/A pounds of fertilizer per acre.
when fertilizer and seed are applied in separate operations, the second operation shall be carried out
within 72 hours of the first operation.
When an adequate seedbed does not exist, Purchaser shall scarify to get a 2 inch loose soil seedbed, prior
to seeding.
The kinds and amounts of seed to be sown in terms of pure live seed (PLS) shall be:
See seed Application Table.
All seed purchased will be certified to be free of the noxious weed seeds from weeds listed on the current
"A11 states Noxious Weeds List." Test results from a certified seed analyst and seed analysis labels
attached to the bags will be provided to the Forest Service.
The following kinds and amounts of standard commercial fertilizer shall be used with guaranteed analysis of
contents clearly marked on containers:
See Fertilizer Application Table.
June 20, 2017 - Page 39 of 503
Page 152
Sale Name: VAIL INTERMOUNTAIN
CT 6.602# - PROTECTION OF DISTURBED AREAS FROM ESTABLISHMENT OF
NOXIOUS WEEDS (11/98)
Species of Seed
PLS Pounds per Acre
Mountain Brome
8.00
Blue Wildrye
7.00
Big Bluegrass
1.00
Slender Wheatgrass
4.00
Type of Fertilizer
Pounds per Acre
N/A
N/A
June 20, 2017 - Page 40 of 503
Sale Name: Vail Intermountain
CT6.7# - SLASH TREATMENT (04/2003)
Page 153
Slash is defined as logs, tops, limbs, and other woody material, exclusive of stumps, which is created by
the logging operation and remaining on the ground after logging. In areas where Purchaser -created slash is
intermingled and inseparable from pre-existing slash, slash disposal requirements shall apply to the pre-
existing slash as well as the Purchaser -created slash. Such areas are designated in the Purchaser Slash
Responsibility Table herein.
Slash created in the construction of Specified Roads shall not be considered as logging slash in this
Section.
Unless otherwise agreed in writing, Purchaser shall perform the following work described below and/or as
shown on the Sale Area Map and/or Slash Disposal Map.
Forest Service and Purchaser shall jointly develop a schedule for completion of slash treatment on the
various portions of the sale area.
See Purchaser's Slash Responsibility Table
June 20, 2017 - Page 41 of 503
Page 154
Sale Name: VAIL INTERMOUNTAIN
Purchaser's Slash Responsibility Table
Description of Unit(s)
Type of Slash Disposal
121, 122, 123, 221, 222,
321,
322,
323,
521
Lop and scatter slash to a maximum
depth of 24 inches from ground level
June 20, 2017 - Page 42 of 503
Sale Name: Vail Intermountain
CT6.71 - CHANGE IN SLASH TREATMENT (11/1996)
Page 155
Slash treatment measures required in CT6.7 may be changed upon written agreement. The Forest Service shall
determine the current cost of performing the work to be deleted and the work to be added. When the cost of
work deleted exceeds the coat of work added, the agreement shall provide for a lump sum payment to the
Forest Service for the amount of the difference.
CT6.8# - MEASURING (09/2003)
The estimated quantity of timber in AT2 has been determined by standard procedures described in FSH
2409.12, Timber Cruising Handbook.
The following table describes the type of cruising method used to determine quantities:
See Cruising Method Table
Estimated quantities of timber subsequently included under BT2.13, BT2.14, BT2.31, BT2.32, BT2.33, BT2.34,
BT2.35 or BT2.37 not previously measured will be determined using standard cruise methods as described in
PSH 2409.12, Timber Cruising Handbook, or, if attached, using the Additional volume Calculation Table based
on information generated from the timber sale cruise.
June 20, 2017 - Page 43 of 503
Sale Name: VAIL INTERMOUNTAIN
CT6.8# - MEASURING (09/03)
Cutting Unit
Cruising Method
121, 122, 123,
221, 222,
321,
322,
323,
Comparison Cruise
521
(Eco07 Admin Use)
Page 156
June 20, 2017 - Page 44 of 503
Page 157
Sale Name: Vail intermountain
CT6.81# - ACCOUNTABILITY (04/2003)
The following requirements are applicable to Product Removal Permits:
1. Forest Service will issue to Purchaser or designated representative(s) serially numbered Product
Removal Permit books for use only on this sale. Product Removal Permit books, whether used or unused, shall
be accountable property of Forest Service and shall be returned to issuing Forest Service Office in
accordance with instructions contained in each book. Each book which is not returned to the Forest Service
will be considered a lost book and liquidated damages of $100 will be assessed.
2. Purchaser shall require all permits be completed in accordance with the instructions contained on the
inside cover of each book.
3. Each load will have the last three digits of the load receipt number painted on both ends of three logs
with BLACK paint. All loads that consist of a truck and pup(s) must have the last three digits of the load
receipt painted on both ends of three logs on all subunits of the combination.
Purchaser shall require vehicles hauling Included Products to stop at agreed upon locations for purposes of
monitoring accountability. The parties shall agree upon the haul route prior to operations.
June 20, 2017 - Page 45 of 503
Sale Name: Vail Intermountain
CT7.2 - FIRE PRECAUTIONS (09/1993)
Page 158
1. Smoking and Lunch Fires. Smoking is prohibited except inside a building, developed recreation site,
vehicles, or while seated in an area of at least three feet in diameter that is barren or cleared of all
flammable materials. 36 CFR 261.52(d).
The building of camp, lunch, warming and other fires within the sale area and vicinity is prohibited,
except at established camps or at other safe places where all flammable material has been cleared away
sufficiently to prevent the start and spread of wildfires. Forest Service may, upon request of purchaser,
designate specific places where campfires may be built for purposes of heating lunches.
2. Spark Arrester and Mufflers. Notwithstanding BT7.2, operating or using any internal combustion engine,
on any timber, brush, or grass covered land, including trails and roads traversing such land, without a
spark arrester, maintained in effective working order, meeting either (I) Department of Agriculture, Forest
Service standard 5100, "SPARK ARRESTERS FOR INTERNAL COMBUSTION ENGINES," (current edition); or (II) the
Society of Automotive Engineers (SAE) Recommended Practices ,7335, "MULTIPOSITION SMALL ENGINE EXHAUST
SYSTEM FIRE IGNITION SUPPRESSION," (current version) and J350, 36 CFR 261.52(j) is prohibited.
Passenger carrying vehicles, pickups, medium and large highway trucks (80,000 GVW) will be equipped with a
factory designed muffler system which is specified for the make and model of the respective vehicle/truck
or with a muffler system that is equivalent or that exceeds factory specifications.
Exhaust systems shall be properly installed and continually maintained in serviceable condition.
3. Fire Extinguishers and Tools on Equipment. While in use, each internal combustion engine including
tractors, trucks, yarders, loaders, welders, generators, stationary engines, or comparable powered
equipment shall be provided with at least the following:
(a) One fire extinguisher, at least 5#ABC with an Underwriters Laboratory (UL) rating of 3A - 40BC, or
greater.
(b) One shovel, sharp, size 0 or larger, round -pointed with an overall length of at least 48 inches.
(c) One axe, sharp, double bit 3-1/2#, or one sharp pulaski.
Extinguishers, shovels, axes, and pulaskis shall be mounted so as to be readily available from the ground.
All tools shall be maintained in a serviceable condition.
4. Power Saws. Each gasoline engine power saw shall be provided with one chemical -pressurized fire
extinguisher of not less than 8 -ounce capacity by weight, and one size 0 or larger, round -pointed shovel
with an overall length of at least 48 inches. The extinguisher and shovel shall be maintained in good
working order. The extinguisher shall be with the power saw operator and immediately available for use at
all times. The extinguisher shall not be affixed to the saw. The shovel shall be readily available to the
operator of the saw at all times. Having the shovel with the gas can used to refuel the
saw may be considered "readily available" if not more than 200 feet from the saw. During periods of
critical fire danger, Forest Service may prescribe other precautionary measures.
Any fueling or refueling of a power saw shall be done in area which has first been cleared of material
which will carry fire. The power saw shall be moved at least 10 feet from the place of fueling or refueling
before starting.
5. Blasting and Welding. The use of fuses in blasting shall not be permitted except near power lines
where the danger of accidental detonation is present, and then only by special written permission of Forest
Service. Whenever the relative humidity falls below 50 percent, Purchaser shall place a watchman at each
point where blasting is done who shall remain on duty for at least one hour after blasting is finished, and
June 20, 2017 - Page 46 of 503
Page 259
Sale Name: Vail Intermountain
who shall be equipped with shovel and a water -filled backpack can equipped with a hand pump. During periods
when the relative humidity falls below 20 percent, blasting shall be discontinued unless authorized, with
special provisions, in writing by Forest Service. Blasting shall not be permitted in any area not cleared
to mineral soil without advance written approval of Forest Service and with such special precautions as may
be required.
Prima cord shall not be used in clearing operations, and in other areas where timber has been felled and
slash not burned.
unless otherwise directed in writing by Forest Service, all flammable material shall be cleared for 10 feet
around any piece of equipment being welded. In addition, Purchaser shall provide a fire extinguisher of a
size and type designed to extinguish a fire in the flammable materials surrounding the spot being welded.
In order to determine the relative humidity, Purchase shall either (a) provide and maintain weather
instruments, that will measure relative humidity, in the area where blasting will occur; or (b) provide
communications to obtain weather data from Forest Service.
Explosives shall be stored at all times in a locked box marked"Explosives". Powder and blasting caps
shall be stored in separate boxes.
6. Storage of Flammables. Gasoline, oil, grease and other highly flammable material shall be stored
either in a separate building, or at a site where all debris is cleared within a radius of 25 feet. Storage
buildings or sites shall be a minimum distance of 50 feet from other structures. Storage buildings shall be
adequately posted to warn of the flammables and to prohibit smoking in or around the building.
7. Camp Fire Protection. The grounds around all trailers, buildings, other facilities constructed or
placed on or near Sale Area under BT6.2 shall be kept free of flammable material for a distance of at least
20 feet from the wall of such structure. Burning of such flammable material shall be as prescribed by
Forest Service in writing.
Stovepipes of all wood burning stoves shall be equipped with suitable roof jacks and serviceable spark
arresters. Stovepipes shall be no closer than 2 feet from any wood or other flammables unless adequately
protected from by metal or asbestos shields.
June 20, 2017 - Page 47 of 503
Sale Name: Vail Intermountain
CT7.20 - FIRE PRECAUTIONS (HELICOPTER) (09/2001)
Page 160
In addition to Normal Precautions provided for in CT7.2, Purchaser shall provide or take the following
precautions or actions where helicopter yarding is specified or permitted.
A. Fire tools, including backpack pump and tool boxes, required at landings shall have a sling arrangement
for immediate helicopter transportation of the tools to the vicinity of any fire within Sale Area. The
sling arrangement shall not impede access to the tools.
S. Store flammable liquids (fuel) only in tank trucks or trailers specifically designed for storing and
transporting liquid fuel or in stationary tanks, securely bedded on skids or frames to prevent rolling or
tipping. Fuel storage area shall be adequately diked with dirt to prevent fuel spillage or leakage from
spreading beyond the diked area. Mobile fuel tanks (trailers or trucks) shall also be parked within a
diked area.
Polyethylene, rubber or other flexible type fuel storage facilities will not be permitted on National
Forest land.
C. Provide at fuel servicing operations fire extinguishers which have the following ratings based on the
open hose discharge capacity, i.e., "broken hose" of the aircraft fueling system:
1. where said capacity does not exceed 200 gallons per minute, at least one (1) approved extinguisher
having a minimum rating of 20-S,
2. Where said capacity is in excess of 200 gallons per minute, but not over 350 gallons per minute, one
(1) approved extinguisher having a minimum rating of 80-a,
3. Where said capacity is in excess of 350 gallons per minute, two (2) approved extinguishers, each
having a minimum rating of 80-5.
Extinguishers of over 50 pounds gross weight shall be of the large diameter wheel type or be mounted on
carts to provide mobility and ease of handling.
D. Purchaser shall provide one variable capacity water bucket with maximum capacity commensurate with the
maximum lifting capabilities of the aircraft. The bucket gate open/close switch(es) shall be spring loaded
to the "OFF" position and mounted on the collective pitch lever. The switch shall be of a different design
and shall be mounted in such a way as to not easily be confused with the RPM control switch. The weight of
the bucket and capacity at each adjustment level shall be marked on the bucket.
The bucket shall be located at the landing to which the helicopter is yarding logs and be ready for
immediate use with a maximum hooking and getaway time of five minutes. An alternate location may be
designated by Forest Service when specific Sale Area conditions indicate the need.
Purchaser shall develop or provide a water source from which the required bucket can be hover -filled at
least three times without resupply. If a natural water source is used, it must be within five minutes,
round trip, by helicopter from the Sale Area. If an artificial source is provided, it shall be located on
the Sale Area at the same location as the bucket, unless otherwise agreed in writing.
At least once a month, the water bucket will be checked by making at least one hookup and drop to assure
that it is in operating condition.
June 20, 2017 - Page 48 of 503
Sale Name: Vail intermountain
CT8.212 - MARKET -RELATED CONTRACT TERM ADDITION (I1/2008)
Page 161
The term of this contract may be adjusted when a drastic reduction in wood product prices has occurred
in accordance with 36 CFR 223.52. The Producer Price Index used to determine when a drastic reduction in
price has occurred is stated in AT17. Purchaser will be notified whenever the Chief determines that a
drastic reduction in wood product prices has occurred. If the drastic reduction criteria specified in 36
CFR 223.52 are met for 2 consecutive calendar quarters, after contract award date, Contracting Officer will
add 1 year to the contract term, upon Purchaser's written request. For each additional consecutive quarter
such a drastic reduction occurs, Contracting Officer will, upon written request, add an additional 3 months
to the term during Normal Operating Season, except that no single 3 -month addition shall extend the term of
the contract by more than one year. Contracting Officer must receive Purchaser's written request for a
market -related contract term addition before the expiration of this contract.
No more than 3 years shall be added to a contract's term by market -related contract term addition
unless the following conditions are met:
(i) The sale was awarded after December 31, 2006; and
(ii) A drastic reduction in wood product prices occurred in at least ten of twelve consecutive
quarters during the contract term, but not including the quarter in which the contract was awarded.
For each qualifying quarter meeting the criteria in paragraphs (i) and (ii) of this provision, the
Forest Service will, upon the Purchaser's written request, add an additional 3 months during the normal
operating season to the contract, except no single 3 -month addition shall extend the term of a contract by
more than 1 year.
In no event shall a revised contract term exceed 10 years as a result of market -related contract term
addition.
Additional contract time may not be granted for those portions of the contract that have a required
completion date or for those portions of the contract where Contracting Officer determines that the timber
is in need of urgent removal or that timber deterioration or resource damage may result from delay.
June 20, 2017 - Page 49 of 503
Page 162
Sale Name: hail Intermountain
CT8.66# (Option 1) - USE OF TIMBER (04/2004)
(a) This contract is subject to the Forest Resources Conservation and Shortage Relief Act of 1990, as
amended (16 USC 620, et seq.).
(b) Except for NONE determined pursuant to public hearing to be surplus, unprocessed Included Timber
shall not be exported from the United states nor used in direct or indirect substitution for unprocessed
timber exported from private lands by Purchaser or any person as defined in the Act (16 USC 620e).
(c) Timber in the following form will be considered unprocessed:
(i) Trees or portions of trees or other roundwood not processed to standards and specifications
suitable for end product use;
(ii) Lumber, construction timbers, or cants intended for remanufacturing not meeting standards
defined in the Act (16 USC 620e); and
(iii) Aspen or other pulpwood bolts exceeding 100 inches in length.
(d) Unless otherwise agreed in writing, unprocessed Included Timber shall be delivered to a domestic
processing facility and shall not be mixed with logs intended for export.
(e) Prior to award, during the life of this contract, and for a period of 3 years from Termination
Date, Purchaser shall furnish to Forest Service, upon request, records showing the volume and geographic
origin of unprocessed timber from private lands exported or sold for export by Purchaser or affiliates.
(f) Prior to delivering unprocessed Included Timber to another party, Purchaser shall require each
buyer, exchangee, or recipient to execute an acceptable agreement that will:
(i) Identify the Federal origin of the timber;
(ii) Specify domestic processing for the timber involved;
(iii) Require the execution of such agreements between the parties to any subsequent transactions
involving the timber;
(iv) Require that all hammer brands and/or yellow paint must remain on logs until they are either
legally exported or domestically processed, whichever is applicable; and
(v) Otherwise comply with the requirements of the Act 116 USC 620d).
(g) No later than 10 days following the execution of any such agreement between Purchaser and another
party, Purchaser shall furnish to Forest Service a copy of each such agreement. Purchaser shall retain, for
3 years from Termination Date, the records of all sales, exchanges, or dispositions of all Included Timber.
(h) Upon request, all records dealing with origin and disposition of Included Timber shall be made
available to Contracting Officer.
(i) For breach of this Subsection, Forest Service may terminate this contract and take such other
action as may be provided by statute or regulation, including the imposition of penalties. when terminated
by Forest Service under this Subsection, Forest Service will not be liable for any Claim submitted by
Purchaser relating to the termination.
June 20, 2017 - Page 50 of 503
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Intermountain Fuels Reduction Project- Helicopter Logging Contract Award
ATTACHMENTS:
Description
Staff Memo Regarding Helicopter Logging Contract Award
June 20, 2017 - Page 51 of 503
TOWN OF VAIL'
Memorandum
To: Vail Town Council
From: Paul Cada, Wildland Program Administrator
Date: June 14th, 2017
Subject: Intermountain Fuels Reduction Project Contract Award
I. Background
In the 2017 budget, Town Council approved $640,000 for the Implementation of the
Helicopter Logging Portion of the Intermountain Fuels Reduction Project. The
Intermountain Fuels Reduction Project is an ongoing partnership between the U.S.
Forest Service and Town.
The procurement of a specialized helicopter logging contractor to complete the scope of
the Intermountain Fuels Reduction was solicited through a nationwide open RFP
process. Bids were received from 4 qualified bidders. Timberline Helicopters was
selected as the successful bidder. Lowest bid and best value were used to determine
the successful bidder. The total bid for the helicopter logging portion of the project is
$612,394.00.
11. Staff Recommendation
Authorize the Town Manager to enter into an agreement, in a form approved by the
Town Attorney, to procure helicopter logging services in an amount not to exceed
$640,000.00
Sample motion: I move to approve on consent, authorization for the Town Manager to
enter into an agreement, in a form approved by the Town Attorney, for the procurement
of helicopter logging services in an amount not to exceed $640,000.
June 20, 2017 - Page 52 of 503
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Stephens Park Off -leash Area Discussion
PRESENTER(S): Gregg Barrie, Senior Landscape Architect
ACTION REQUESTED OF COUNCIL: Provide staff with direction in regards to the dog waste
issue based on the provided recommendations and input received from the public.
BACKGROUND: Stephens Park is a neighborhood park that provides a designated off -leash
area. Since the off -leash designation in 2004, there have been two consistent issues: 1) the loss
of the turf area for neighborhood use and 2) excessive dog waste being left in the park.
STAFF RECOMMENDATION: Staff recommends reviewing the ideas presented in the
Memorandum in conjunction with input from the community and providing direction to staff towards
improving education, signage and enforceable measures. Staff also recommends altering the
existing designated off -leash area to include the Gore Creek access point at a later date.
ATTACHMENTS:
Description
Memorandum
June 20, 2017 - Page 53 of 503
TOWN OF VAIL'
Memorandum
To: Vail Town Council
From: Department of Public Works
Date: June 20, 2017
Subject: Stephens Park Off -leash Area
I. INTRODUCTION
At the June 6t" Town Council discussion regarding the off -leash area of Stephens Park,
the Council directed staff to set up a public meeting to further discuss the issue of
excessive dog waste with the neighborhood and park users. Public input to help solve
the problem is encouraged as part of this public hearing. Since that meeting, several
changes have been implemented at the park. And, after discussions with Eagle County
Animal Control Services (ECACS), Town of Vail Police and other Town of Vail staff,
recommendations and options are included in this memorandum.
II. BACKGROUND
Stephens Park is a neighborhood park that provides a designated off -leash area. Since
the off -leash designation in 2004, there have been two consistent issues: 1) the loss of
the turf area for neighborhood use and 2) excessive dog waste being left in the park.
The neighborhood is generally supportive of the off -leash area, but in the process feel
they have lost the turf area of their neighborhood park. That was not the intent of the off -
leash area. In addition, the excessive dog waste is a health hazard, a maintenance issue
and a water quality/environmental concern.
Every few years, staff brings this discussion forward with park users and with the Council.
Each time, the reaction is to tell users to "clean it up, or else..." For a short time following
each discussion, the park is clean and then, by the next winter, all is forgotten and old
habits return. The long-term solution to this issue is likely a year-round, consistent
program that includes signage, personal contacts/reminders through ECACS and Town
of Vail officers and, where appropriate, enforcement measures.
Enforcement can be difficult since catching an owner in the act of not picking up after
their dog would require almost constant surveillance. However, creating a program that
provides education and creates enforceable measures may provide a long-term solution.
Staff is recommending several solutions outlined below, in a coordinated effort with the
neighborhood and other park users.
June 20, 2017 - Page 54 of 503
III. RECOMMENDED SOLUTIONS
A. What's been done since the June 6th meeting
• Addition of two new dog bag dispensers around the turf area
• Addition of one new trash can at the east end of the turf area
• Eagle County Animal Control has increased their presence in the park and has
made efforts to talk about the dog waste issue with park users
B. What to work on immediately
• Develop a program with ECACS, TOV officers, and town staff with input from the
neighborhood and park users that includes:
o Education regarding the nature of Stephens Park as a neighborhood park
first, and an off -leash area second. (Signage and personal contacts)
o Increased presence at the park throughout the year to include personal
contacts with users. This can currently be performed under the existing
contract with ECACS and potentially expanded, but with staff limitations.
o Encourage park users to file complaints on the ECACS website regarding
irresponsible park users
• Additional signage...
a) Delineate the limits of the off -leash area
• Ask ECACS officers to enforce the on -leash areas of the park
• Alter the off -leash area to include the Gore Creek access at the east
end of the turf area (revise by ordinance)
b) Add signage that notes the turf area as "Shared Space"
c) Add signage to encourage users to "Grab a Bag"
• Town staff is currently working on a town -wide dog waste education campaign.
Tie these efforts into Stephens Park
• Have Google remove the listing for both Stephens and Bighorn parks as "Dog
Parks"
C. Possible future programs
If the above measures fail to work, the following are ideas that could be implemented
at the Council's direction.
• Required registration - Each dog that uses Stephens Park could require
registration. This could be enforced easily. And, it could cut down on random use.
• DNA testing - With registration, could be a DNA requirement. This is successfully
used in other areas at a cost of less than $100 per dog.
• Add a fenced area to a portion of the park as the only off -leash area
• Cameras could be added at an initial cost of approximately $15,000. The difficult
part of this is having someone review footage and being able to tie that footage to
a specific owner/animal.
• Temporary or permanent suspension of the designated off -leash area
Town of Vail Page 2
June 20, 2017 - Page 55 of 503
IV. ACTION REQUESTED BY COUNCIL
Provide staff with direction in regards to the dog waste issue based on the provided
recommendations and input received from the public
V. STAFF RECOMMENDATION
The effort to clean up the park will require support from town staff, ECACS, the Vail PD,
Town Council, neighbors and park users. Developing a consistent message and backing
it with enforcement is likely the best option for ensuring the park can be enjoyed by
everyone.
Staff recommends reviewing the ideas listed above in conjunction with input from the
community and providing direction to staff towards improving education, signage and
enforceable measures. Staff also recommends altering the existing designated off -leash
area to include the Gore Creek access point at a later date.
Attachments:
• Ordinance 4, Series 2004
Town of Vail Page 3
June 20, 2017 - Page 56 of 503
•
ORDINANCE NO. 4
SERIES 2004
AN ORDINANCE AMENDING TITLE SIX OF THE VAIL TOWN CODE; EXEMPTING AREAS OF
STEPHENS PARK FROM TOWN OF VAIL REQUIREMENTS REGARDING PET ANIMAL OWNERS'
IMMEDIATE AND PHYSICAL CONTROL OF DOGS; 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"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have been duly
elected and qualified; and
WHEREAS, Stephens Park is located within the Town and, when visiting the park, Pet Animal
Owners are currently subject to the requirements as set forth in Section 6-4-6 of the Vail Town Code
regarding the Immediate and Physical control of dogs; and
WHEREAS, it is the Council's desire to exempt certain areas of Stephens Park from Town
requirements regarding Immediate and Physical control of dogs.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
• COLORADO THAT:
Section 1.
The purpose of this Ordinance is to exempt certain areas of Stephens Park from current
Town of Vail Town Code requirements that Pet Animal Owners' exercise either
Immediate or Physical control of dogs at all times.
Section 2. Section 6-4-6 of the Vail Town Code is hereby amended to read as follows:
(additions are shown in bold and underline)
6-4-6: FAILURE TO CONTROL ANIMAL: It shall be unlawful and considered a failure to control an
animal when:
A. Any dog is off the premises of the owner without the presence of a responsible person having
physical control of the dog on any bike path or public park located within the Town or on any area located
within the Town and described in Exhibit A attached to Ordinance 5 Series of 1995, made a part of this
Section by reference, and which can be found on file in the office of the Town Clerk.
B. 1. Any dog is off the premises of the owner in all areas of the Town, other than as specified in
subsection A above, without the presence of a person having immediate control of the dog, and
Ordinance 4, Series of 2004
1
June 20, 2017 - Page 57 of 503
2. It is an affirmative defense to a violation under this subsection that the responsible person
accompanying and having immediate control of the dog was actively engaged in training of the dog which
caused the distance between the responsible person and the dog to be greater than ten feet (10').
C. Any dog is on or within one hundred feet (100') of any athletic field or golf course within the
Town while any athletic event or activity is in progress, except that a dog may be within one hundred feet
(100') of an athletic field or golf course while any athletic event or activity is in progress if the dog is on a
public road or right of way.
D. Any animal is allowed to become a danger to any person or property.
E. Any animal trespasses on, or is tethered upon, any public property where expressly prohibited
or private property without the permission of a person owning, leasing, or otherwise controlling the
property in question.
F. Any dog reaches past the perimeter of the owner's premises with its teeth or claws.
G. Any animal is allowed to excrete body waste upon public or private property when the animal
owner or other responsible person does not remove the waste in a timely manner.
H. Any female dog or cat is not confined during estrus in a house, building, or secure enclosure
constructed so that the female dog or cat cannot escape, and no male dog or cat may gain access to the
enclosed animal.
I. A dog is not under physical control while in the yard of any multiple occupancy building
occupied by other persons; or in the common areas of apartments, or condominium developments.
J. Any animal is not under physical control in areas posted as requiring any animal to be on a
leash/tether by any agency of the Federal government, the State, or the Town.
K. Any animal is kept or left in circumstances which constitute neglect, mistreatment, or
abandonment, if the keeping or leaving is due to criminal negligence on the part of the animal owner.
L. Protective custody of any animal is reasonably necessary.
M. Exception: Notwithstanding the provisions set forth in Sections 6-4-6(A) and (B) above, any
dog in Bighorn Park and/or Stephens Park, except for those considered as Vicious, Dangerous or
Potentially Dangerous, need not be under either Physical Control or Immediate Control of the Pet Animal
Owner if said dog is occupying any area described in Exhibit A attached to Ordinance 1, Series 2003 or
Exhibit A attached to Ordinance 4, Series of 2004, made a part of this Section by reference, and which
can be found on file in the office of the Town Clerk. Nothing in the Section shall exempt a pet animal
owner from the provisions of Sections 6 -4 -6(C) -(L) of this Title or from exercising Control over his or her
dog, as defined in this Chapter 4, at all times.
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 affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part,
Ordinance 4, Series of 2004
2
June 20, 2017 - Page 58 of 503
section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof.
Section 5. The amendment of any provision of the Municipal Code of the Town 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 proceedings 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 amended or superseded unless expressly stated
herein.
Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any
bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
Section 7. This ordinance, as adopted by the Town Council, shall be numbered and recorded by the
Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the
signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publication.
Section 8.
passage.
This ordinance shall be in full force and effect five days after publication following final
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST
READING this 2nd day of March, 2004 and a public hearing shall be held on this Ordinance on the 16th
day of March, 2004, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
l_4)
tik
Celei onaldso , Town Clerk
Ordinance 4, Series of 2004
ti
Richard Cleve!: nor Pro -Tem
3
June 20, 2017 - Page 59 of 503
•
•
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED in full this 16thday of March, 2004.
t I
o
- (14_
Rodney E. S ifer,Ma or
L relei n
aldson, Town Clerk
Ordinance 4, Series of 2004
4
June 20, 2017 - Page 60 of 503
s
Exhibit A
Ordinance No. 4, Series 2004
Stephens Park
March 2, 2004
— • Foot Path
0 Stephens Park Boundary
o
Indicates areas Not Exempted from
requirements regarding a Pet Animal
Owner's Immediate and/or Physical
Control of dogs as set out in
Ordinance No. 4, Series 2004
Indicates areas Exempted from
requirements regarding a Pet Animal
Owner's Immediate and/or Physical
Control of dogs as set out in
Ordinance No. 4, Series 2004
100 0 100 Feet
June 20, 2017 - Page 61 of 503
(1" = 150')
/
VAIL TOWN COUNCILAGENDA MEMO
ITEM/TOPIC: Chamonix Vail Neighborhood Project Update (verbal report)
PRESENTER(S): George Ruther, Director of Community Development
TOWN Of9
June 20, 2017 - Page 62 of 503
TOWN IfO
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 4, Series of 2017, First Reading, An ordinance for a prescribed
regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title
12 of the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee
PRESENTER(S): Tom Kassmel, Town Engineer
ACTION REQUESTED OF COUNCIL: Approve, amend or deny on Ordinance No. 4 Series
2017 on first reading.
BACKGROUND: In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an
updated transportation impact fee. The impact fee is proposed to codify the current traffic
mitigation fee to help fund future transportation related projects identified in the Vail Transportation
Master Plan. The proposed fee will be applied in all zone districts, and will require developers to
pay their proportional share for the necessary transportation infrastructure improvements that are
directly related to the impacts created by the new development.
STAFF RECOMMENDATION: Approve Ordinance No. 4 Series 2017 on first reading.
ATTACHMENTS:
Description
Memo Ord. No. 4
Attachment A - Ordinance
Attachment B - 2009 VTMP Excerpt
Attachment C - Traffic Mitigation Fees Assessed
Attachment D - June 6, 2017 Council Memo & Attachments
June 20, 2017 - Page 63 of 503
TOWN OFD
}
Memorandum
To: Vail Town Council
From: Community Development Department
Date: June 20, 2017
Subject: First reading of Ordinance No. 4, Series of 2017, an ordinance for a prescribed
regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Title 12 of the Vail Town Code with the addition of a new
Chapter 26, Transportation Impact Fee. (PEC17-0008)
I. SUMMARY
The applicant, the Town of Vail, represented by Tom Kassmel, Town Engineer, is
requesting a prescribed regulations amendment to Title 12 of the Vail Town Code to
add a new Chapter 26, Transportation Impact Fee, pursuant to Section 12-3-7
Amendment, Vail Town Code, and setting forth details in regard thereto.
The proposed transportation impact fee would apply to new developments, including
creation of any new residential dwelling units, or any new commercial floor area. The
fee does not apply to residential remodels where no additional units are added, or to
commercial remodels that do not increase square footage. This new fee would be paid
by the owner or developer, and would be collected by the Community Development
Department at the time of issuance of a building permit. Revenues from this fee would
be used by the Town of Vail for new transportation related infrastructure projects that
are necessary due to the increased traffic from the incremental new development.
For additional background and information a copy of the June 6, 2017 Council Memo is
attached as Attachment D to this memo.
II. DISCUSSION
At the February 21, 2017 Council meeting, Council directed staff to proceed
forward with the public process for the adoption of the Vail Transportation Impact
Fee, based on the fee schedule directed by Council during that Council
Worksession (See Attachment D of June 6, 2017 Memo). At the June 6, 2017
meeting, Council reconsidered the fee schedule and requested that staff provide
a revised schedule that would subsidize the following uses;
• Employee Housing (as considered previously)
• Accommodation Units
• Commercial Uses
• Equalize the core area fees with the outside core area fees.
June 20, 2017 - Page 64 of 503
PEC & Staff Recommended Fee Schedule & Projected Revenue
Development Type
Additional
Development
Units
Fee Per
Development
Unit
Projected
Revenue
Percent
of Impact
Fee
MF -C Dwelling, Two Family or Multiple Family (In the Core Area)
705
$ 5,960.00
$ 4,201,800.00
20%
MF Dwelling, Two Family or Multiple Family (Outside the Core Area)
554
$ 7,450.00
$ 4,127,300.00
20%
SF Dwelling, Single Family
120
$ 9,686.00
$ 1,162,320.00
6%
EHU-C Employee Housing Unit (In the Core Area)
41
$ 5,960.00
$ 244,360.00
1%
EHU Employee Housing Unit (Outside the Core Area)
310
$ 7,450.00
$ 2,309,500.00
11%
AU -C Accommodation Unit (In Core Area)
270
$ 5,960.00
$ 1,609,200.00
8%
AU Accommodation Unit (Outside Core Area)
102
$ 7,450.00
$ 759,900.00
4%
RR Restaurant & Retail Establishments
320000
$ 13.90
$ 4,448,000.00
21%
HC Facilities Health Care
140000
$ 9.93
$ 1,390,200.00
7%
00 Office & Other Services
88000
$ 6.20
$ 545,600.00
3%
$ 20, 798,180.00
100%
Revised Fee Schedule & Projected Revenue —June 6th, 2017 Council Input
Development Type
Additional
Development
Units
Fee Per
Development
Unit
Projected
Revenue
Percent
of Impact
Fee
Dwelling, Two Family or Multiple Family (In the Core Area)
705
$ 5,960.00
$ 4,201,800.00
20%
Dwelling, Two Family or Multiple Family (Outside the Core Area)
554
$ 5,960.00
$ 3,301,840.00
16%
Dwelling, Single Family
120
$ 9,686.00
$ 1,162,320.00
6%
Employee Housing Unit (In the Core Area)
41
$ -
$ -
0%
Employee Housing Unit (Outside the Core Area)
310
$ -
$ -
0%
Accommodation Unit (In Core Area)
270
$ -
$ -
0%
Accommodation Unit (Outside Core Area)
102
$ -
$ -
0%
Restaurant & Retail Establishments
320000
$ -
$ -
0%
Facilities Health Care
140000
$ -
$ -
0%
Office & Other Services
88000
$ -
$ -
0%
$ 8,665,960.00
42%
The net effects of revising the fee schedule are:
• a reduction in projected revenue from $21 Million to $8.7 Million,
• an increase in the Town Vail's taxpayer responsibility by $12.3 Million,
• reimbursement of $624,000 to the Vail Valley Medical Center (VVMC) per
the existing VVMC Developer Agreement (DA). However, if Facility
Health Care is not selected to be subsidized, then no reimbursement is
required and VVMC will likely pay an additional $500,000±.
The above considered revisions are based on the opinion that Accommodation Units
and Commercial fees will be too high, which will dis-incentivize these types of
development, which are important to the local economy. It should be noted that rates
for both Accommodation Units and most Commercial uses have already been
significantly reduced, as a direct result of being based on the 2009 Vail Transportation
Master Plan, which already includes multi -use rate reductions for high density
Town of Vail
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June 20, 2017 - Page 65 of 503
commercial. See excerpts within Attachment B. The specific reductions already
included are;
o 20% reduction for Multiple Family residential in Core Area
o 20% reduction for Accommodation Units in Core Area
o 65% reduction for Restaurant & Retail
The above revised schedule will also target the impact fee on residential uses,
not on the larger traffic generating commercial uses. This is reversal of the past
17 years of mitigation fee negotiations which has focused on Accommodation
Units, Commercial, and Multiple Family developments. Past mitigation fees were
negotiated with developers based on current zone district code language of
Public Accommodation 1 & 2, Lionshead Mixed Use 1 & 2, and Special
Development Districts, which require mitigation of pedestrian and vehicular
impacts. This mitigation language was added to these zone districts during the
Lionshead Master Plan process when these zone districts were significantly up -
zoned to incentivize development. A summary of past assessed developments,
since 1999, is provided in Attachment C.
With regard to the recommendation of equalizing the Core area and outside Core
area Multiple Family units, staff suggests the recommended Core area reduction
remains. The Council's suggestion was generated out of the concern that there
will be future full time residents within future multiple family units in the Core area
that will generate a few more vehicular trips per day than is justified by the 20%
reduction. If we conservatively estimate that 10% of future Multiple Family units
within the Core are owned by full time residents, then we would capture an
additional $1490 on 70 units or —$104,000 over 25 years. However by equalizing
the outside Core area units down to the Core area, we will lose $1490 on 554
units or —$825,000 over 25 years. Also, if we did not equalize the outside Core
down to Core area fees, then we would have to identify, document, and manage
those —70 units within the Core that may have full time Residents. This would
require a certification that a unit was owned by a full time resident, and then
require that resident to pay an additional $1490. This would be extremely difficult
to implement. On a side note, future single family residences within the core
area are not provided this 20% Core area reduction, which may more likely have
a higher percentage of full time residents.
If Council chooses not to codify an impact fee and to continue to rely on Developer
Agreements within the above noted zone districts and any future up -zoned districts,
then;
o at the 2005 rate of $6500 per net PM peak hour trip, revenue would be projected
at $11,713,000
o at an equivalent 2017 rate of $11,200-$13,000, revenue would be projected at
$20,182,000 to $23,426,000.
III. NEXT STEPS
The request of Council is to adopt on first reading Ordinance No. 4, Series 2017, with
second reading on July 11th. Once adopted, the actual fee schedule would be adopted
Town of Vail Page 3
June 20, 2017 - Page 66 of 503
by Resolution. Therefore the fee schedule will not get adopted until July 11, 2017 at the
earliest.
IV. ACTION REQUESTED OF THE TOWN COUNCIL
The Planning and Environmental Commission recommends adopting Ordinance No. 4,
Series 2017 upon first reading.
Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2017, upon
first reading, the Planning and Environmental Commission recommends the Council
passes the following motion:
"The Vail Town Council approves, on first reading, Ordinance No. 4 Series
of 2017, an ordinance for a prescribed regulation amendment, pursuant to
Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Vail
Town Code through the addition of a new Chapter 26, Transportation
Impact Fee, and setting forth details in regard thereto, with the following
change to Section 12-26-4 C of the proposed code language, which shall
read as follows:
"C. Credit shall be provided for any construction of Town -
approved System Level transportation infrastructure or facilities as
identified in the Vail Transportation Impact Fee Study, undertaken by
the applicant at the applicant's cost that offset the transportation impacts
of the project."
Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2017 on
first reading, the Planning and Environmental Commission recommends the Council
makes the following findings:
"Based upon the review of the criteria outlined in Section V of the Staff
memorandum to the Planning and Environmental Commission dated May 8, 2017
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
Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town
Code; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
Town of Vail Page 4
June 20, 2017 - Page 67 of 503
natural environment and its established character as a resort and
residential community of the highest quality."
V. ATTACHMENTS
Attachment A — Ordinance No. 4, Series 2017
Attachment B — Vail Transportation Master Plan Excerpts
Attachment C — Traffic Mitigation Fee - Assessed Development Table 1999-2017
Attachment D — June 6, 2017 Council Memo & Attachments
Town of Vail Page 5
June 20, 2017 - Page 68 of 503
ORDINANCE NO. 4
SERIES 2017
AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE BY
THE ADDITION OF A NEW CHAPTER 26, ENTITLED
"TRANSPORTATION IMPACT FEES"
WHEREAS, to ensure the provision of adequate public transportation services
and facilities in the Town, the Town Council wishes to condition certain land use
approvals on payment of a transportation impact fee;
WHEREAS, it is widely recognized that municipalities may impose exactions
(impact fees) on the granting of land use approvals, provided that there is an essential
nexus between the exaction and a legitimate local government interest, and provided
that the exaction is roughly proportional, both in nature and extent, to the impact of the
proposed use or development, pursuant to Nollan v. California Coastal Comm'n, 483
U.S. 825 (1987), Dolan v. City of Tigard, 512 U.S. 374 (1994); C.R.S. § 29-20-203 and
related case law;
WHEREAS, the Town has conducted and adopted a study to provide the basis
for the imposition of the transportation impact fee and to determine the appropriate
amount of the transportation impact fee, which study was prepared by TischlerBise on
March 10, 2017; and
WHEREAS, the Town Council finds and determines that the public health, safety,
and welfare will be served by adopting regulations delineating the Town's procedure for
imposing a transportation impact fee.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 12 of the Vail Town Code is hereby amended by the addition
of a new Chapter 26, which shall read as follows:
CHAPTER 26
TRANSPORTATION IMPACT FEES
12-26-1: FINDINGS AND PURPOSE:
A. Findings. The Town Council finds and determines as follows:
1. A legitimate, identifiable public purpose is served by
requiring a transportation impact fee for new development and
redevelopment projects in the Town;
2. There is an essential nexus between the transportation
impact fee imposed in this Chapter and the Town's interest in providing
transportation infrastructure, facilities and services;
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3. The Town is acting within its power to provide transportation
infrastructure, facilities and services;
4. But for new development and redevelopment projects, the
Town would not be considering either the provision or expansion of
transportation infrastructure, services or facilities;
5. New development and redevelopment projects are
contributing causes to the need for new or expanded transportation
infrastructure, facilities and services;
6. The Town would be legally justified in denying applications
for new development or redevelopment projects unless the transportation
impact fee is imposed, because of the burden the new development or
redevelopment projects would place on the Town's transportation
infrastructure, facilities and services; and
7. The Town has conducted a study to determine the amount of
the transportation impact fee, and the study demonstrates that the
transportation impact fee will be roughly proportional, both in nature and
extent, to the impacts of new development and redevelopment projects.
B. Purpose. The purpose of this Chapter is to impose a transportation
impact fee on new development and redevelopment projects in the Town,
as set forth herein.
12-26-2: APPLICABILITY:
A. The transportation impact fee shall be imposed on the following
construction, development or redevelopment in the Town:
1. For commercial development (except accommodation units),
on any net new square footage to be constructed.
2. For residential development, on each new residential unit to
be constructed.
3. For accommodation units, on each new accommodation unit
to be constructed.
B. The transportation impact fee shall not be imposed on the
construction, development or redevelopment of any Employee Housing
Unit.
12-26-3: FEE:
The transportation impact fee shall be in the amount set by resolution of
the Town Council. The fee shall be imposed by the Community
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Development Department, Design Review Board, Planning and
Environmental Commission or Town Council, as part of the last land use
approval for the project. The fee shall be payable prior to issuance of the
building permit for the project.
12-26-4: CREDIT:
A. An applicant may apply for a credit as set forth in this Section,
which credit shall be applied to offset the transportation impact fee that
would otherwise be imposed for the project.
B. Credit shall be provided for any dedication or conveyance of land
from the applicant to the Town. The amount of the credit shall be the
present, fair market value of the land being dedicated or conveyed, as
determined by the Town in its reasonable discretion.
C. Credit shall be provided for any construction of Town -approved
transportation infrastructure or facilities undertaken by the applicant at the
applicant's cost that offset the transportation impacts of the project. The
transportation infrastructure or facilities may be constructed as part of the
project, or in other areas of the Town, as determined by the Town and the
applicant. The value of the credit shall be determined by the Town, in its
reasonable discretion, considering the total cost of construction and other
relevant factors.
D. Credit shall be provided for any transportation services provided by
the applicant at the applicant's cost, that offset the transportation impacts
of the project, as approved by the Town. The value of the credit shall be
determined by the Town, in its reasonable discretion, considering actual
costs to provide the services and other relevant factors.
12-26-5: REVIEW:
A. An applicant aggrieved by the application of this Chapter by the
Community Development Department, the Planning and Environmental
Commission or Design Review Board may apply for review by the Town
Council, by filing a written request for review within 10 days of the decision
at issue.
B. Within 30 days of receipt of the written request, the Town Council
shall hold a public hearing. At such hearing, the burden of proof shall be
on the applicant to establish that the imposition of the transportation
impact fee as assessed would result in an unconstitutional taking of
private property without just compensation.
C. If the Town Council determines that the application of this Chapter
would result in an unconstitutional taking of private property without just
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compensation, the Town Council may decrease the transportation impact
fee (or increase any credit) to ensure that there is no unconstitutional
taking. The decision of the Town Council shall be final, subject only to
judicial review pursuant to C.R.C.P. 106(a)(4).
D. An applicant aggrieved by the application of this Chapter by the
Town Council may seek judicial review pursuant to C.R.C.P. 106(a)(4).
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 4. 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.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2017 and
a public hearing for second reading of this Ordinance set for the day of
2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Patty McKenny, Town Clerk
5
Dave Chapin, Mayor
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Vail Transportation Master Plan Update
IV. PROJECTED 2025 PM PEAK HOUR TRAFFIC
CONDITIONS
A. Traffic Volume Forecasts
Projected traffic demands along the Frontage Road system are key to assessing and mitigating
future transportation conditions. As mentioned, the PM peak hour traffic is generally heavier
than the AM peak hour, with a few pattern exceptions. As such, year 2025 traffic forecasts have
focused on the PM peak hour time period for analysis, with exceptions being the Main Vail and
West Vail Roundabout Interchanges where cursory -level AM peak hour forecasts were
developed as well.
The total PM peak hour forecasts were developed with the use of a travel demand model
utilizing the TRAFFIX software package. The model was developed by estimating the amount of
additional PM peak hour trips for each development and redevelopment proposal, and then
assigning these new trips to the street system. Forecasts then resulted from the additive nature
of the new trips in combination with the existing traffic which was increased modestly (0.5% per
year) to year 2025. The AM peak hour traffic was developed by applying an approximate 35
percent flat growth factor to the existing AM peak hour; the 35 percent was based on the level of
growth resulting from the 2025 PM peak hour projections (as compared to existing traffic levels).
Table 3 shows the trip generation rates that were used, and Figure 5 shows the trip distribution
assumptions that were used in this analysis. Trip rates were based on a combination of sources
including the Institute of Transportation Engineers' (ITE) Trip Generation and the Lionshead
Transportation Master Plan. ITE trips rates were primarily applied to development located away
from the Vail base areas. Because of the heavy transit use and the fact that much of the
development is mixed and close -in (lending itself to trips made via walking), the trip generation
rates used in this study are less than the ITE rates because the ITE data are intended for more
typical suburban settings where commuter activity is prominent. At peak times in Vail, tourist
activity is prominent. The close -in trip generation rates used in this analysis are in line with ITE's
Recreational/Home category. Areas where the close -in residential trip rates were applied are
shown in Figure 6. A 20 percent reduction in trip generation rates was applied for the close -in
areas.
The increased retail uses within the villages were also subject to reduced trip generation rates
as compared to ITE's shopping center category data. A PM peak hour trip reduction of 65
percent was applied due to the following reasons:
► The retail and commercial activity, being located at the base of the ski area, is heavily
dependent upon people who are already in the village for skiing purposes.
► There are many units located close to the new retail uses which tends to induce walking
trips rather than vehicular trips.
► Many of the employees of the retail uses are typically discouraged to drive themselves to
work, in part due to the parking fee at the structures.
► Provision of free transit service by the Town of Vail.
.FELSBURG
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Vail Transportation Master Plan Update
A cursory -level evaluation of existing retail trips was conducted by reviewing the level of traffic
turning into the structures today. During the PM peak hour, the outbound traffic contains a
significant amount of skier trips, so it is not appropriate to include these outbound traffic with
respect to gauging trip generation rates. Inbound PM peak hour traffic contains trips associated
with retail and some other uses, so while it is not 100 percent retail traffic, it does serve as an upper
limit. At the Lionshead Parking Structure,150 inbound PM peak hour trips exist current; the
Lionshead Village contains approximately 150,000 square feet of retail -related use. At the Village
Structure, 310 vehicles entered during the PM peak hour; that village contains approximately
300,000 square feet of retail/commercial. These traffic numbers represent a 45 to 50 percent
reduction in ITE shopping center trip rates if they were all retail -related, but they are not.
Other trip types that are part of the inbound movements to the structures include:
► Library trips (which is open until 6:00 PM on weekends, later on weekdays)
► Dobson Ice Arena trips (which typically has a full schedule including hockey events, figure
skating, lessons, and public skating)
► Adventure Center trips. The Adventure Center provides other recreation including tubing,
ski biking, snowmobiling, snowshoeing, and a trampoline, and it is remains open until 9:00
PM on weekend nights.
► Residential uses. Several residential complexes within the villages are not able to
adequately park their own overnight guests, so the parking structures are used instead. At
Lionshead, staff estimates that approximately 100 vehicles are parked overnight at peak
times related to selected residential uses. At the Village Structure, between 200 and 300
vehicles are parked overnight related to some of the residential uses there.
► Special events. Both villages routinely host evening events such as concerts, festivals,
exhibits, and other attractions.
All of these attract trips beyond the retail/commercial attraction. As such, the true retail trip rate
is even Tess that the 45 to 50 reduction quoted above. As such, using rates that equate to a 65
to 70 percent reduction for the new retail development is not inconsistent with current trip -
making trends in Vail. However, using these reductions in traffic impact studies for an individual
development should be used with caution and only be done in coordination with Town staff and
CDOT.
Again, Appendix E shows the trip estimates for each of the development areas. In total, all of
the considered development could generate an additional 2,800 trips per hour during the PM
peak hour. The following summarize some of the bigger trip generators (4,350 trips per hour if
"pure" ITE trip generation rates were used).
► West Vail — the net increase in square footage and residential units could generate a total of
470 additional trips during the PM peak hour. This would be above and beyond the
estimated 800 to 1000 trips per hour generated by the West Vail development today.
► Timber Ridge is estimated to generate an additional 180 trips per hour during the PM peak hour.
► West Lionshead (Ever Vail) has the potential of generating an additional 580 trips per hour
during the PM peak hour.
.FELSBURG
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Vail Transportation Master Plan Update
► Lionshead Parking Structure redevelopment is estimated to generate 275 trips during the
PM peak hour.
► The Lionshead Village area (excluding the Lionshead parking structure) is projected to
generate an additional 490 PM peak hour trips given the collective development.
The Vail Village area redevelopment is projected to generate an additional 260 PM peak hour
trips given the collective development potentials.
Table 3. Trip Generation Rates
Use
Trip Generation Rates (per DU for Res, per 1000 SF otherwise)
ITE
Vail -Remote
Vail -Close In
Daily
PM
Peak
Daily
PM
Peak
Daily
PM
Peak
Residential — New
5.86
0.54
5
0.5
4
0.4
Residential — Replace
NA
NA
0.75
0.08
0.6
0.06
Commercial - Office
11.01
1.49
11
1.49
11
1.49
Commercial — Retail
42.94
3.75
42.94
3.75
15
1.3
Hospital
17.6
1.18
17.6
1.1
NA
NA
Figure 7 shows the 2025 total PM peak hour traffic projections at the Town's roundabout
intersections and many of the Frontage Road cross -streets. In general, future PM peak hour
traffic flows along busiest segments of the frontage roads are projected to increase an
estimated 40 to 50 percent over existing traffic flow levels at peak times. Some segments will
experience as much as a 60 to 70 percent increase. The interchanges will experience a greater
concentration in traffic with the additional trips. Major cross -streets will still include Vail Valley
Drive, both parking structure access points, and West Vail accesses (if access modifications are
not constructed). Moderately traveled cross -streets include all of the Lionshead Circles, Village
Drive, and Forest Road (given Ever Vail redevelopment and if left intact).
B. Traffic Operations
Similar to the existing conditions LOS analysis, the roundabout intersections were analyzed
for ideal conditions as well as for snow conditions using the same factors and adjustments
mentioned before. Figure 8 shows the results of the PM peak hour analyses. Noticeable
capacity deficiency highlights include:
► Main Vail Interchange - The north roundabout is projected to operate at a LOS F
during the PM peak hour. The south roundabout is projected to function at LOS D, but
several approaches are expected to operate at LOS E or LOS F.
► West Vail Interchange - Both roundabouts are projected to operate at LOS F during the
PM peak hour.
.FELSBURG
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TRAFFIC MITIGATION FEE - Assessed Development 1999-2017
Project
DIA Impact Fee
Acres
Net DU
Net FF/TS
Net EHU
Net AU
Net
Comm sq
ft
Net Off
Antlers at Vail
$ 72,000.00
1.19
24
0
7
0
0
0
Arrabelle
$ 305,000.00
4.67
67
0
-90
85
11044
-18000
Forest Place
$ 10,000.00
2.59
4
0
0
0
0
0
Gore Creek TH
$ -
2.45
16
0
0
0
0
0
Manor Vail
$ 100,000.00
5.44
15
0
1
20
0
0
Sonnenalp Resort$
120 000.00
1.96
0
0
3
33
6600
0
One Willow Bridge
0.83
8
12
0
-59
1654
0
Tivoli
$ 55,000.00
0.41
0
0
1
12
0
0
Vail Plaza Hotel and Club
$ 485,000.00
1.81
0
50
18
27
24722
0
Rucksack
$ 32,500.00
Vail's Front Door
$ 495,000.00
6.00
13
0
2
-1
18590
1575
Westhaven Condos
0.84
13
0
2
0
0
0
Willows
$ -
0.49
9
-19
4
5
0
0
Four Seasons
$ 200,000.00
2.76
16
19
14
3
25409
0
Landmark
$ 45,500.00
1.50
18
0
1
0
0
0
Lions Square Lodge North
$ 45,500.00
0.95
9
0
0
0
650
0
Ritz Carlton
$ 280,000.00
2.40
71
45
2
0
3597
0
Solaris/Crossroads
$ 19,500.00
2.60
55
0
6
0
25550
-14764
Ramshorn
$ 19,500.00
0.77
2
0
0
3
0
0
Strata
$ 273,000.00
1.56
62
16
6
-73
4557
0
North Day Lot
$ -
1.24
0
0
32
0
0
0
Lions Ridge Apartments
$ 170,000.00
0
0
0
0
0
0
0
0
110000
0
0
VVMC*
$ 624,000.00
TOTALS
$ 3,351,500.00
402
123
9
55
232373
-31189
Actual Fee Collected
$ 1,361,500.00
Remainder was offset by project improvements
*VVMC - Total amount is subject to change based on Final Phase 11 approval and whether or not TOV codifies an Impact Fee (per Developer Agreement)
June 20, 2017 - Page 77 of 503
TOWN OF VAlL
Memorandum
To: Vail Town Council
From: Community Development Department
Date: June 6, 2017
Subject: First reading of Ordinance No. 4, Series of 2017, an ordinance for a prescribed
regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Title 12 of the Vail Town Code with the addition of a new
Chapter 26, Transportation Impact Fee. (PEC17-0008)
I. SUMMARY
The applicant, the Town of Vail, represented by Tom Kassmel, Town Engineer, is
requesting a prescribed regulations amendment to Title 12 of the Vail Town Code to
add a new Chapter 26, Transportation Impact Fee, pursuant to Section 12-3-7
Amendment, Vail Town Code, and setting forth details in regard thereto.
The proposed transportation impact fee would apply to new developments, including
creation of any new residential dwelling units, or any new commercial floor area. The
fee does not apply to residential remodels where no additional units are added, or to
commercial remodels that do not increase square footage. This new fee would be paid
by the owner or developer, and would be collected by the Community Development
Department at the time of issuance of a building permit. Revenues from this fee would
be used by the Town of Vail for new transportation related infrastructure projects that
are necessary due to the increased traffic from the incremental new development.
11. BACKGROUND
A transportation impact fee is a development fee assessed to offset costs that a
jurisdiction will incur to improve transportation infrastructure as a result of increased
traffic from new developments. The Town of Vail has collected transportation fees for
certain development zone districts (including Public Accommodation, Public
Accommodation -2, Lionshead Mixed Use -1, and Lionshead Mixed Use -2) since 1999.
In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an updated
transportation impact fee. The impact fee is proposed to codify the current traffic
mitigation fee to help fund future transportation related projects identified in the Vail
Transportation Master Plan. The proposed fee will be applied in all zone districts, and
will require developers to pay their proportional share for the necessary transportation
June 20, 2017 - Page 78 of 503
infrastructure improvements that are directly related to the impacts created by the new
development.
Over the past year there have been multiple public discussions regarding the
codification of a transportation impact fee. These public discussions were as follows:
January 2016:
June 2016:
Nov. 2016:
January 2017:
February 2017:
March 2017:
April 2017:
May 2017:
Town Council: Review of the current traffic mitigation fee and the
previous effort to codify a traffic impact fee in 2009, and discussion
of the next steps to reengage codification.
Town Council: Discussion with consultant, TischlerBise, regarding:
• What is a traffic impact fee?
• Why implement a traffic impact fee?
• What's wrong with our current mitigation fees?
• Can the Town waive fees for certain types of developments?
Town Council: Review and confirmation of the Transportation
Master Plan capital project list and to what extent (percentage) a
transportation impact fee can fund projects.
Town Council: Presentation by TischlerBise of the draft schedule
of transportation impact fees based on the completed Nexus Study.
Town Council: Review and discussion of the impact fee and the
capital projects list.
Public Open House: Review and discuss the proposed
transportation impact fee
PEC: Review and discussion of the impact fee and the capital
projects list.
PEC: Review of an application for a prescribed regulations
amendment to Title 12, the Transportation Impact Fee Study, and
the proposed ordinance. The recommendation of the PEC to the
Town Council was for approval of the transportation impact fee and
ordinance as presented by staff (Vote 4-3).
Much of the public comment and discussion with the Planning and Environmental
Commission (PEC) surrounded the additional burden this fee would impose on new
development, and how a broader based fee or tax (i.e. increase in sales tax) would be
less burdensome on new development. Based on 2016 sales tax collections, a sales
tax increase of 0.13% would be necessary to equal the revenue expected from the
proposed transportation impact fee. However, a tax increase would require a vote of
the Vail residents. A sales tax would also require payment across the community, not
only by those creating the new developments.
To better understand the cost of this fee on development, staff provided the PEC with
an updated cost of development table, which outlines the actual costs of development in
Vail from Town of Vail fees and taxes. Typically the cost of fees and taxes that
developers pay to the Town of Vail is approximately 3-4% of the construction valuation,
with the proposed transportation impact fee adding 0% to 0.9%, however more typically,
it would add 0-0.4%. (See Attachment C.)
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June 20, 2017 - Page 79 of 503
III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
On May 8, 2017, the Planning and Environmental Commission voted 4-3 to recommend
that the Vail Town Council approve Ordinance No. 4, Series of 2017, upon first reading.
This recommendation was based upon the review of the criteria outlined in Section V of
the May 8, 2017 memorandum to the PEC and the evidence and testimony presented.
Please see the PEC Meeting Results included as Attachment E for additional detail on
the PEC discussion.
The Commissioners that voted against this recommendation did so for a variety of
reasons. Two Commissioners (Perez and Stockmar) indicated that the ordinance was
not ready for adoption. Commissioner Stockmar requested additional information on
how communities with similar geography (long but narrow geographic boundaries)
address this issue. Commissioner Perez questioned the separate rates for development
inside and outside the commercial core areas. Commissioner Gillette felt that the
proposed fee would be a burden on developers, and that a sales tax would be a fairer
method of collecting fees.
IV. TRANSPORTATION IMPACT FEE STUDY
TischlerBise has provided an updated nexus study, The Vail Transportation Impact Fee
Study (March 10, 2017), and an updated fee schedule for the Town's review. The fee
schedule is based on anticipated future development, the current estimated cost of the
capital projects to accommodate future development, and the proportional fiscal
responsibility. Since completion of the nexus study, and its review by Town Council,
Staff and PEC recommend that the Residential Single Family Dwelling fee be simplified
to a per unit relationship, eliminating the square footage relationship. This will simplify
implementation and will eliminate the fee for remodels and demo/rebuilds, unless an
additional unit is constructed. The proposed draft fee schedule is below. The previous
draft versions are included in Attachment D for comparison.
Transportation Impact Fee Schedule
Maximum Supportable Transportation Impact Fees
Residential Dwellings (per Unit)
Dwelling, Two Family or Multiple Family (In the Core Area) $ 5,960.00
Dwelling, Two Family or Multiple Family (Outside the Core Area) $ 7,450.00
Dwelling, Single Family $ 9,686.00
Employee Housing Unit $0
Accommodation Unit (per Unit)
Accommodation Unit (In Core Area) $ 5,960.00
Accommodation Unit (Outside Core Area) $ 7,450.00
Commercial (per square foot of floor area)
Restaurant & Retail Establishments $ 13.90
Facilities, Health Care $ 9.93
Office & Other Services $ 6.20
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June 20, 2017 - Page 80 of 503
For comparison, the following cities and counties have adopted impact fees shown
within the table below. The jurisdiction most similar to Vail is Pitkin County, which last
had its Road Impact Fee updated in 2013.
Transportation Impact Fee Comparison
Per Housing Unit
Single Family Multifamily
Per 1,000 Sq Ft
Retail Office
National Average (1)
$3,228
$2,202
$5,685
$3,430
Durango (1)
Ft. Collins 2016 Draft (2)
Vail current*
Incorporated Areas in Colorado
$2,169 $1,298
$6,217 $4,095
$3,810 $2,823
$8,113
$5,977
$0 $2,366 $10,569 $9,685
Proposed in Core Area of Vail (2)
Proposed Outside Core Area (2)
not applicable
$9,686
$5,960
$7,450
$13,900
$13,900
$6,200
$6,200
Counties in Colorado
Eagle Co. (1)
Jefferson Co. (1)
Larimer Co. (2)
Pitkin Co. (2)
Weld Co. (2)
$4,378
$3,034
$9,026
$5,164
$3,276
$2,725
$7,120
$4,790
$3,418
$8,812
$4,726
$9,339
$5,115
$10,910
$5,130
$2,377
$3,296
$2,174
Sources: (1) National Impact Fee Survey by Duncan Associations (2012). Single Family
assumes 2,000 square feet. Nonresidential fees per thousand square feet assume a
building with 100,000 square feet of floor area.
(2) TischlerBise. Single Family in Vail and Pitkin County assumes 4,000 square feet.
* Current fees in Vail are based on the net increase in PM Peak Hour vehicle trip ends
generated by the entire development, with mitigation limited to certain areas and
V. ORDINANCE
In order to implement this Transportation Impact Fee, the Town Council will need to
adopt the attached Ordinance 4, Series of 2017, Transportation Impact Fee, and then
adopt the fee schedule by Resolution. Staff recommends approving Ordinance No. 4,
Series 2017, as recommended by the Planning and Environmental Commission, with
one clarification to section 12-26-4.0 (changes are shown in bold underline.):
"C. Credit shall be provided for any construction of Town -approved System
Level transportation infrastructure or facilities as identified in the Vail
Transportation Impact Fee Study, undertaken by the applicant at the
applicant's cost that offset the transportation impacts of the project."
This clarification is important to ensure that a developer or applicant is not eligible for a
credit for Project Level improvements (those improvements that are only needed due to
an individual development project) or other infrastructure not identified in the Vail
Transportation Impact Fee Study. Staff requests that any motion for approval of this
Town of Vail Page 4
June 20, 2017 - Page 81 of 503
ordinance include a reference to this modified language in Section 12-26-4 C of the
proposed ordinance.
VI. ACTION REQUESTED OF THE TOWN COUNCIL
The Planning and Environmental Commission recommends adopting Ordinance No. 4,
Series 2017 upon first reading.
Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2017, upon
first reading, the Planning and Environmental Commission recommends the Council
passes the following motion:
"The Vail Town Council approves, on first reading, Ordinance No. 4 Series
of 2017, an ordinance for a prescribed regulation amendment, pursuant to
Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Vail
Town Code through the addition of a new Chapter 26, Transportation
Impact Fee, and setting forth details in regard thereto, with the following
change to Section 12-26-4 C of the proposed code language, which shall
read as follows:
"C. Credit shall be provided for any construction of Town -approved
System Level transportation infrastructure or facilities as identified in the
Vail Transportation Impact Fee Study, undertaken by the applicant at
the applicant's cost that offset the transportation impacts of the project."
Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2017 on
first reading, the Planning and Environmental Commission recommends the Council
makes the following findings:
"Based upon the review of the criteria outlined in Section V of the Staff
memorandum to the Planning and Environmental Commission dated May 8, 2017
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
Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town
Code; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
Town of Vail Page 5
June 20, 2017 - Page 82 of 503
natural environment and its established character as a resort and
residential community of the highest quality."
VII. ATTACHMENTS
Attachment A — Ordinance No. 4, Series 2017
Attachment B — Vail Transportation Impact Fee Study, March 10, 2017
Attachment C — Cost of Development Table
Attachment D — Draft Fee Schedule Versions
Attachment E — Planning and Environmental Commission Results of May 8, 2017
Attachment F — Planning and Environmental Commission Staff memo of May 8, 2017
Attachment G — Public Comments
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June 20, 2017 - Page 83 of 503
ORDINANCE NO. 4
SERIES 2017
AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE BY
THE ADDITION OF A NEW CHAPTER 26, ENTITLED
"TRANSPORTATION IMPACT FEES"
WHEREAS, to ensure the provision of adequate public transportation services
and facilities in the Town, the Town Council wishes to condition certain land use
approvals on payment of a transportation impact fee;
WHEREAS, it is widely recognized that municipalities may impose exactions
(impact fees) on the granting of land use approvals, provided that there is an essential
nexus between the exaction and a legitimate local government interest, and provided
that the exaction is roughly proportional, both in nature and extent, to the impact of the
proposed use or development, pursuant to Nollan v. California Coastal Comm'n, 483
U.S. 825 (1987), Dolan v. City of Tigard, 512 U.S. 374 (1994); C.R.S. § 29-20-203 and
related case law;
WHEREAS, the Town has conducted and adopted a study to provide the basis
for the imposition of the transportation impact fee and to determine the appropriate
amount of the transportation impact fee, which study was prepared by TischlerBise on
March 10, 2017; and
WHEREAS, the Town Council finds and determines that the public health, safety,
and welfare will be served by adopting regulations delineating the Town's procedure for
imposing a transportation impact fee.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 12 of the Vail Town Code is hereby amended by the addition
of a new Chapter 26, which shall read as follows:
CHAPTER 26
TRANSPORTATION IMPACT FEES
12-26-1: FINDINGS AND PURPOSE:
A. Findings. The Town Council finds and determines as follows:
1. A legitimate, identifiable public purpose is served by
requiring a transportation impact fee for new development and
redevelopment projects in the Town;
2. There is an essential nexus between the transportation
impact fee imposed in this Chapter and the Town's interest in providing
transportation infrastructure, facilities and services;
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3. The Town is acting within its power to provide transportation
infrastructure, facilities and services;
4. But for new development and redevelopment projects, the
Town would not be considering either the provision or expansion of
transportation infrastructure, services or facilities;
5. New development and redevelopment projects are
contributing causes to the need for new or expanded transportation
infrastructure, facilities and services;
6. The Town would be legally justified in denying applications
for new development or redevelopment projects unless the transportation
impact fee is imposed, because of the burden the new development or
redevelopment projects would place on the Town's transportation
infrastructure, facilities and services; and
7. The Town has conducted a study to determine the amount of
the transportation impact fee, and the study demonstrates that the
transportation impact fee will be roughly proportional, both in nature and
extent, to the impacts of new development and redevelopment projects.
B. Purpose. The purpose of this Chapter is to impose a transportation
impact fee on new development and redevelopment projects in the Town,
as set forth herein.
12-26-2: APPLICABILITY:
A. The transportation impact fee shall be imposed on the following
construction, development or redevelopment in the Town:
1. For commercial development (except accommodation units),
on any net new square footage to be constructed.
2. For residential development, on each new residential unit to
be constructed.
3. For accommodation units, on each new accommodation unit
to be constructed.
B. The transportation impact fee shall not be imposed on the
construction, development or redevelopment of any Employee Housing
Unit.
12-26-3: FEE:
The transportation impact fee shall be in the amount set by resolution of
the Town Council. The fee shall be imposed by the Community
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Development Department, Design Review Board, Planning and
Environmental Commission or Town Council, as part of the last land use
approval for the project. The fee shall be payable prior to issuance of the
building permit for the project.
12-26-4: CREDIT:
A. An applicant may apply for a credit as set forth in this Section,
which credit shall be applied to offset the transportation impact fee that
would otherwise be imposed for the project.
B. Credit shall be provided for any dedication or conveyance of land
from the applicant to the Town. The amount of the credit shall be the
present, fair market value of the land being dedicated or conveyed, as
determined by the Town in its reasonable discretion.
C. Credit shall be provided for any construction of Town -approved
transportation infrastructure or facilities undertaken by the applicant at the
applicant's cost that offset the transportation impacts of the project. The
transportation infrastructure or facilities may be constructed as part of the
project, or in other areas of the Town, as determined by the Town and the
applicant. The value of the credit shall be determined by the Town, in its
reasonable discretion, considering the total cost of construction and other
relevant factors.
D. Credit shall be provided for any transportation services provided by
the applicant at the applicant's cost, that offset the transportation impacts
of the project, as approved by the Town. The value of the credit shall be
determined by the Town, in its reasonable discretion, considering actual
costs to provide the services and other relevant factors.
12-26-5: REVIEW:
A. An applicant aggrieved by the application of this Chapter by the
Community Development Department, the Planning and Environmental
Commission or Design Review Board may apply for review by the Town
Council, by filing a written request for review within 10 days of the decision
at issue.
B. Within 30 days of receipt of the written request, the Town Council
shall hold a public hearing. At such hearing, the burden of proof shall be
on the applicant to establish that the imposition of the transportation
impact fee as assessed would result in an unconstitutional taking of
private property without just compensation.
C. If the Town Council determines that the application of this Chapter
would result in an unconstitutional taking of private property without just
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compensation, the Town Council may decrease the transportation impact
fee (or increase any credit) to ensure that there is no unconstitutional
taking. The decision of the Town Council shall be final, subject only to
judicial review pursuant to C.R.C.P. 106(a)(4).
D. An applicant aggrieved by the application of this Chapter by the
Town Council may seek judicial review pursuant to C.R.C.P. 106(a)(4).
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 4. 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.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2017 and
a public hearing for second reading of this Ordinance set for the day of
2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Patty McKenny, Town Clerk
5
Dave Chapin, Mayor
6/1/2017
S:IPUBLIC WORKSIENGINEERINGITRANSPORTATIONITRAFFIC IMPACT FEES12016 UPDATEICOUNCIL 6-6-171ORDINANCE
4 SERIES OF 2017 TRANSPORTATION IMPACT FEE ORDINANCE 6-6-17.DOCX
June 20, 2017 - Page 88 of 503
TOWN OF VAIL
March 10, 2017
Prepared By
TischlerBise
FISCAL I ECONOMIC I PLANNING
www.tischlerbise.com
June 20, 2017 - Page 89 of 503
Table of Contents
INTRODUCTION 2
COLORADO IMPACT FEE ENABLING LEGISLATION 2
ADDITIONAL LEGAL GUIDELINES 2
DEVELOPMENT PATTERN IN THE TOWN OF VAIL 4
Figure 1 — Map of Town Boundary and Vail Core Area 5
LOWER FEES IN CORE AREA 5
Lower Residential Trip Generation Rates in Urban Areas 5
Less Auto Dependency in Urban Areas 6
Shorter Trip Lengths in Urban Areas 6
CURRENT AND PROPOSED TRANSPORTATION FEES 7
Figure 2 — Transportation Impact Fee Comparison 8
TRANSPORTATION IMPACT FEES 9
Figure 3 — Conceptual Impact Fee Formula 9
TRIP GENERATION 10
Vehicle Trips to Development in the Town of Vail 10
Figure 4 — Summary of Projected Travel Demand 11
TRANSPORTATION IMPACT FEE SYSTEM IMPROVEMENTS 11
Figure 5 — Summary of Transportation Improvements and Growth Share 12
CREDIT FOR OTHER REVENUES 13
TRANSPORTATION IMPACT FEE FORMULA AND INPUT VARIABLES 13
Figure 6 — Transportation Impact Fee Input Variables 14
MAXIMUM SUPPORTABLE TRANSPORTATION IMPACT FEES 15
Figure 7 — Transportation Impact Fee Schedule 15
FUNDING STRATEGY FOR TRANSPORTATION SYSTEM IMPROVEMENTS 16
Figure 8 — Impact Fee Revenue Projection 16
APPENDIX A — DEMOGRAPHIC DATA 17
TRIP GENERATION BY TYPE AND SIZE OF HOUSING 17
Figure Al — PM Peak Hour Vehicle Attraction Trips by Size of Detached House 18
TRIP GENERATION BY FLOOR AREA OF SINGLE FAMILY HOUSING 19
Figure A2 — PM Peak Hour Inbound Trips by Square Feet 20
APPENDIX B: IMPLEMENTATION AND ADMINISTRATION 21
CREDITS AND REIMBURSEMENTS 21
TOWN -WIDE SERVICE AREA 21
DEVELOPMENT CATEGORIES 22
Residential Development 22
Commercial Development 22
APPENDIX C: REFERENCES 24
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INTRODUCTION
Although Colorado is a "home -rule" state and home -rule municipalities were already collecting
"impact fees" under their home -rule authority granted in the Colorado Constitution, the
Colorado Legislature passed enabling legislation in 2001, as discussed further below.
Colorado Impact Fee Enabling Legislation
For local governments, the first step in evaluating funding options for transportation
improvements is to determine basic options and requirements established by state law. Some
states have more conservative legal parameters that basically restrict local government to
specifically authorized actions. In contrast, "home -rule" states grant local governments
broader powers that may or may not be precluded or preempted by state statutes depending
on the circumstances and on the state's particular laws.
Impact fees are one-time payments imposed on new development that must be used solely to
fund growth -related capital projects, typically called "system improvements". An impact fee
represents new growth's proportionate share of capital facility needs. In contrast to project -
level improvements, impact fees fund infrastructure that will benefit multiple development
projects, or even the entire service area, as long as there is a reasonable relationship between
the new development and the need for the growth -related infrastructure. Project -level
improvements, typically specified in a development agreement, are usually limited to
transportation improvements near a proposed development, such as ingress/egress lanes.
According to Colorado Revised Statute Section 29-20-104.5, impact fees must be legislatively
adopted at a level no greater than necessary to defray impacts generally applicable to a broad
class of property. The purpose of impact fees is to defray capital costs directly related to
proposed development. The statutes of other states allow impact fee schedules to include
administrative costs related to impact fees and the preparation of capital improvement plans,
but this is not specifically authorized in Colorado's statute. Impact fees do have limitations, and
should not be regarded as the total solution for infrastructure funding. Rather, they are one
component of a comprehensive portfolio to ensure adequate provision of public facilities.
Because system improvements are larger and more costly, they may require bond financing
and/or funding from other revenue sources. To be funded by impact fees, Section 29-20-104.5
requires that the capital improvements must have a useful life of at least five years. By law,
impact fees can only be used for capital improvements, not operating or maintenance costs.
Also, development impact fees cannot be used to repair or correct existing deficiencies in
existing infrastructure.
Additional Legal Guidelines
Both state and federal courts have recognized the imposition of impact fees on development as
a legitimate form of land use regulation, provided the fees meet standards intended to protect
against regulatory takings. Land use regulations, development exactions, and impact fees are
subject to the Fifth Amendment prohibition on taking of private property for public use without
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just compensation. To comply with the Fifth Amendment, development regulations must be
shown to substantially advance a legitimate governmental interest. In the case of impact fees,
that interest is the protection of public health, safety, and welfare, by ensuring development is
not detrimental to the quality of essential public services. The means to this end are also
important, requiring both procedural and substantive due process. The process followed to
receive community input (i.e. stakeholder meetings, work sessions, and public hearings)
provides opportunities for comments and refinements to the impact fees.
There is little federal case law specifically dealing with impact fees, although other rulings on
other types of exactions (e.g., land dedication requirements) are relevant. In one of the most
important exaction cases, the U. S. Supreme Court found that a government agency imposing
exactions on development must demonstrate an "essential nexus" between the exaction and
the interest being protected (see NoIlan v. California Coastal Commission, 1987). In a more
recent case (Dolan v. City of Tigard, OR, 1994), the Court ruled that an exaction also must be
"roughly proportional" to the burden created by development.
There are three reasonable relationship requirements for development impact fees that are
closely related to "rational nexus" or "reasonable relationship" requirements enunciated by a
number of state courts. Although the term "dual rational nexus" is often used to characterize
the standard by which courts evaluate the validity of development impact fees under the U.S.
Constitution, TischlerBise prefers a more rigorous formulation that recognizes three elements:
"need," "benefit," and "proportionality." The dual rational nexus test explicitly addresses only
the first two, although proportionality is reasonably implied, and was specifically mentioned by
the U.S. Supreme Court in the Dolan case. Individual elements of the nexus standard are
discussed further in the following paragraphs.
All new development in a community creates additional demands on some, or all, public
facilities provided by local government. If the capacity of facilities is not increased to satisfy
that additional demand, the quality or availability of public services for the entire community
will deteriorate. Development impact fees may be used to cover the cost of development -
related facilities, but only to the extent that the need for facilities is a consequence of
development that is subject to the fees. The NoIlan decision reinforced the principle that
development exactions may be used only to mitigate conditions created by the developments
upon which they are imposed. That principle likely applies to impact fees. In this study, the
impact of development on infrastructure needs is analyzed in terms of quantifiable
relationships between various types of development and the demand for specific facilities,
based on applicable level -of -service standards.
The requirement that exactions be proportional to the impacts of development was clearly
stated by the U.S. Supreme Court in the Dolan case and is logically necessary to establish a
proper nexus. Proportionality is established through the procedures used to identify
development -related facility costs, and in the methods used to calculate impact fees for various
types of facilities and categories of development. The demand for facilities is measured in
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terms of relevant and measurable attributes of development (e.g. a typical housing unit's
vehicular trip generation rate).
A sufficient benefit relationship requires that impact fee revenues be segregated from other
funds and expended only on the facilities for which the fees were charged. The calculation of
impact fees should also assume that they will be expended in a timely manner and the facilities
funded by the fees must serve the development paying the fees. However, nothing in the U.S.
Constitution or the state enabling legislation requires that facilities funded with fee revenues
be available exclusively to development paying the fees. In other words, benefit may extend to
a general area including multiple real estate developments. Procedures for the earmarking and
expenditure of fee revenues are discussed near the end of this study. All of these procedural as
well as substantive issues are intended to ensure that new development benefits from the
impact fees they are required to pay. The authority and procedures to implement impact fees
is separate from and complementary to the authority to require improvements as part of
subdivision or zoning review.
Impact fees must increase the carrying capacity of the transportation system. Capacity projects
include, but are not limited to the addition of travel lanes, intersection improvements (i.e.,
turning lanes, signalization or roundabouts) and "complete street" improvements to provide
multimodal infrastructure (e.g. bus stops, bike lanes and sidewalks). Whenever improvements
are made to existing roads, non -impact fee funding is typically required to help pay a portion of
the cost.
Development Pattern in the Town of Vail
Vail is a resort community of approximately 5,000 year-round residents that surges to
approximately 40,000-45,000 persons during peak tourism season when employees and visitors
are present. The occupied bed base of the community swells from 5,000 to 35,000 during these
peak periods. Figure 1 delineates the core area of Vail. Actual boundaries of the Town extend
six miles to the east and four miles to the west of the core area (see map inset). Given its
location in a mountain valley, the Town has a compact development pattern and a multi -modal
transportation system that relies on pedestrian, bicycle, transit and vehicular travel. Consistent
with this setting, the proposed impact fees will fund multi -modal transportation improvements
necessary to accommodate projected development within the Town of Vail.
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Figure 1— Map of Town Boundary and Vail Core Area
.325,44:_
ie ;i
nshead Village ```"'�� Ai
Vail Villoage 1141p
Lower Fees in Core Area
Development of attached housing units and hotels in the core area will facilitate pedestrian,
bicycle, and transit use, thus requiring less vehicular travel. In recognition of lower vehicular
travel demand in the core area, proposed transportation impact fees are lower in the core area.
This policy recommendation is consistent with the literature summarized in the three
subsections below and a recent analysis of mixed-use developments in six regions of the United
States. This study found an average 29% reduction in trip generation as a function of "D"
variables, including: density, diversity, design, destination accessibility, distance to transit,
demographics, and development scale (see Ewing, Greenwald, Zhang, Walters, Feldman,
Cervero, Frank, and Thomas 2011).
Lower Residential Trip Generation Rates in Urban Areas
Single-family housing is generally located in low-density suburbs where there are few
alternatives for travel except by private motor vehicle. On average, urban housing has fewer
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persons and vehicles available, thus lowering vehicular trip generation rates per unit when
compared to housing in the suburban unincorporated area. Currans and Clifton (2015)
developed and tested methods for adjusting ITE trip generation rates for urban settings. They
recommend mode -share adjustments based on the number of residents and jobs per acre,
which serves as a proxy for urban form.
Less Auto Dependency in Urban Areas
Urban areas have distinct demographic profiles and physical traits that reduce vehicle trips,
such as higher internal capture, design characteristics that promote walking and biking, and
superior transit service. Urban areas with grid streets and small blocks offer a variety of routes
that encourage walking and biking. Interesting streetscapes with human -scale design features
encourage people to walk and bike farther in urban areas, while lowering our perception of
distance (Jacobs 2001). Urban areas also have more diverse travel options including public
transportation and muscle -powered mobility. A study titled "Trip Generation Rates for Urban
Infill Land Uses in California" documented auto trips for infill development averaged
approximately 50% of the modal share, compared to 90% or higher auto dependency in most
metropolitan areas (Daisa and Parker, 2009). Lower dependency on private vehicles reduces
the need for street capacity and supports an impact fee reduction for new development within
the core area of Vail.
Shorter Trip Lengths in Urban Areas
Mixed land use and better job -housing balance reduces average trip length. By balancing the
number of jobs with nearby housing units, urban areas have the potential for reducing journey -
to -work travel. The magnitude of effect is dependent on matching job and housing locations of
individual workers, which can be aided by offering a variety of housing styles and price ranges.
Inclusionary policies, such as requiring at least 10% affordable housing units within each
development, can foster a better jobs -housing balance and reduce the need for street capacity
(Nelson, Dawkins and Sanchez 2007).
Mixed-use areas like the center of Vail exhibit lower vehicular trip rates because of "internal
capture" (i.e., many daily destinations do not require travel outside the area). For example, a
study titled "Internalizing Travel by Mixing Land Uses" examined 20 mixed use communities in
South Florida, documenting internal capture rates up to 57 percent with an average of 25
percent. In addition to a percent reduction for the jobs -housing balance, credit can be given for
local -serving retail. Urban, transit -oriented development offers coffee shops, restaurants,
general retail stores and services that reduce the need for vehicular trips outside the area
(Ewing, Dumbaugh and Brown 2003).
The report "Driving and the Built Environment" (TRB 2009) found a strong link between
development patterns and vehicle miles of travel, encouraging mixing of land uses to reduce
vehicle trip rates and reduce trip lengths. Reductions up to 24% for transit service and
pedestrian/bicycle friendliness are recommended for nonresidential development in a 2005
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study titled "Crediting Low -Traffic Developments" (Nelson/Nygaard Consulting Associates
2005).
Current and Proposed Transportation Fees
Figure 2 provides a comparison of current and proposed transportation fees for new
development in the Town of Vail. Current amounts are shown with dark shading and white
numbers. Current fees in Vail are based on the net increase in PM Peak Hour vehicle trip ends
generated by the entire development, with mitigation limited to certain areas and reductions
given for multi -modal travel. The Town currently assesses transportation -related mitigation
fees (see Vail code section in the footnote'). This requirement is specific to certain zone
districts and does not provide a codified fee schedule. The current fees are determined and
agreed upon by the Town and developers during the development entitlement process.
Proposed fees are shown with light shading and black numbers in the table below. For
consistency with a national impact fee survey, the fee amount for a detached house assumes
construction of an average size unit, which in Vail and Pitkin County is approximately 4,000
square feet (i.e. twice the national average). Fee amounts for commercial development are
expressed per thousand square feet of floor area.
1 12-7A,H,I,J: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for
mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a
reasonable relation to the development impacts. Impacts may be determined based on reports prepared by
qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals
of redevelopment and will be determined by the planning and environmental commission in review of
development projects and conditional use permits. Substantial off site impacts may include, but are not limited to,
the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements,
streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar
improvements. The intent of this section is to only require mitigation for large scale redevelopment/development
projects which produce substantial off site impacts. (Ord. 29(2005) § 24: Ord. 23(1999) § 1)
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Figure 2 - Transportation Impact Fee Comparison
8
Per Housing Unit
Single Family Multifamily
Per 1,000 Sq Ft
Retail Office
National Average (1)
$3,228
$2,202
$5,685
$3,430
Durango (1)
Ft. Collins 2016 Draft (2)
Vail current*
Incorporated Areas in Colorado
$0 _ $2,366 $10,569 $9,685
Proposed in Core Area of Vail (2)
Proposed Outside Core Area (2)
not applicable
$9,686
$5,960
$13,900
$6,200
$7,450
$13,900
$6,200
Counties in Colorado
Eagle Co. (1)
Jefferson Co. (1)
Larimer Co. (2)
Pitkin Co. (2)
Weld Co. (2)
$4,378
$3,034
$9,026
$5,164
$3,276
$2,725
$7,120
$4,790
$3,418
$8,812
$4,726
$9,339
$5,115
$10,910
$5,130
$2,377
$3,296
$2,174
Sources: (1) National Impact Fee Survey by Duncan Associations (2012). Single Family
assumes 2,000 square feet. Nonresidential fees per thousand square feet assume a
building with 100,000 square feet of floor area.
(2) TischlerBise. Single Family in Vail and Pitkin County assumes 4,000 square feet.
* Current fees in Vail are based on the net increase in PM Peak Hour vehicle trip ends
generated by the entire development, with mitigation limited to certain areas and
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TRANSPORTATION IMPACT FEES
Basic steps in a conceptual impact fee formula are illustrated below (see Figure 3). The first
step (see the left part of the equation) is to determine an appropriate demand indicator, for a
particular type of infrastructure. The demand indicator measures the number of demand units
for each unit of development. For example, an appropriate indicator of the demand for roads is
vehicle trips. The second step in the conceptual impact fee formula is shown in the middle
section of the equation. Infrastructure units per demand unit are typically called Level -Of -
Service (LOS) or infrastructure standards. Road impact fee studies for suburban communities
often establish a relationship between lane miles and vehicle miles of travel (note: a lane mile is
a rectangular area of pavement one lane wide and one mile long). Because the Town of Vail
has a more compact, urban development pattern, multi -modal transportation improvements
were identified in a recently approved Transportation Master Plan. In essence, the Town of Vail
has combined the second and third step in the conceptual impact fee formula (see the right
side of the equation below). The cost of growth -related transportation improvements was
allocated to the expected increase in vehicle trips.
Figure 3 — Conceptual Impact Fee Formula
Demand
Units
Infrastructure
Units
Dollars
per
X per
X per
Development
Demand
Infrastructure
Unit
Unit
Unit
When applied to specific types of infrastructure, the conceptual impact -fee formula is
customized using three common impact fee methods that focus on different timeframes. The
first method is the cost recovery method. To the extent that new growth and development is
served by previously constructed improvements, local government may seek reimbursement
for the previously incurred public facility costs. This method is used for facilities that have
adequate capacity to accommodate new development, at least for the next five years. The
rationale for the cost recovery approach is that new development is paying for its share of the
useful life or remaining capacity of an existing facility that was constructed in anticipation of
additional development. The second basic approach used to calculate impact fees is the
incremental expansion cost method. This method documents the current infrastructure
standard for each type of public facility in both quantitative and qualitative measures. The local
government uses impact fee revenue to incrementally expand infrastructure as needed to
accommodate new development. A third impact fee approach is the plan -based method. This
method is best suited for public facilities that have commonly accepted engineering/planning
standards or specific capital improvement plans. Proposed transportation impact fees for the
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Town of Vail are derived using a plan -based method, with one cost recovery item for the
recently completed 1-70 underpass.
Trip Generation
Transportation models and traffic studies for individual development projects typically use
average weekday or afternoon (PM), peak -hour trips. The need for transportation
improvements in Vail was determined through the Transportation Master Plan process using an
extensive engineering analysis. In contrast to the engineering analysis, the impact fee
methodology is essentially an accounting exercise whereby the cost of growth -related system
improvements is allocated to new development within the Town of Vail. For the purpose of
impact fees, trip generation is based on attraction (inbound) trips to development located in
the Town of Vail. This approach eliminates the need for adjustments to account for pass-
through trips (i.e. external -external travel) and trips to destinations outside Vail (i.e. internal-
external travel).
One of the major trip destinations in Vail is the base of the ski mountain. In addition to people
working in Town and those staying over night, the ski mountain draws thousands of 'day skiers'
that typically leave their vehicles in a parking garage while in Town. Because parking structures
are ancillary uses, impact fees are typically not imposed on the floor area of a garage, but the
floor area of nearby development that actually attracts people to the area. Given this practice,
future growth of 'day skiers' will not be directly accounted for in the development projections
shown in Figure 4. However, the Town and Vail Resorts have agreed the maximum skiers at
one time that can be handled by the Town's infrastructure is 19,900, as specified in the
agreement titled "Town of Vail & Vail Associates, Inc. Program to Manage Peak Periods."
Therefore, if the maximum -skiers agreement or lift capacity is increased without a significant
increase in nonresidential buildings, a traffic impact fee for additional day skiers should be
contemplated.
Vehicle Trips to Development in the Town of Vail
The relationship between the amount of new development anticipated within Vail and the
projected increase in vehicle trips is shown in Figure 4. Expected development in Vail is based
on trends within the Town, Eagle County, and the state of Colorado. The projected increase in
development and afternoon, peak -hour trips are consistent with Appendix E in Vail's
Transportation Master Plan (FHU 2009) and the development stats database, updated by Town
staff. Although the specific year is not important to the analysis, the net increase in
development is expected to occur by the year 2040. A faster pace of development would
accelerate the collection of impact fees and the construction of planned improvements.
Conversely, slower development would reduce fee revenue and delay the construction of
capital improvements. As shown in the bottom right corner of the table below, planned
development in Vail is expected to generate an additional 838 PM -Peak inbound vehicle trips.
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Figure 4— Summary of Projected Travel Demand
Development
Type
Additional
Development
Units (2)
Inbound
Trip Rate per
Development
Unit (3)
Additional
PM -Peak
Inbound
Trips
Two Family or Multiple Family Units in Core Area
705
0.24
169
Two Family or Multiple Family Units Outside Core
554
0.30
166
Employee Housing Units in Core Area
41
0.24
10
Employee Housing Units Outside Core
310
0.30
93
Single Family Units
120
0.39
47
Accommodation Units in Core Area
270
0.24
65
Accommodation Units Outside Core
102
0.30
31
Restaurant & Retail KSF (1)
320
0.56
179
Facilities Health Care KSF (1)
140
0.40
56
Office & Other Services KSF (1)
88
0.25
22
TOTAL =>
838
(1) KSF = square feet of floor area in thousands.
(2) Appendix E, Vail Transportation Master Plan (FHU 2009) and Town staff
(12/06/16).
(3) Trip generation rates are from Appendix E, Vail Transportation Master Plan, except
Transportation Impact Fee System Improvements
Transportation system improvements to be funded by impact fees are shown in Figure 5.
Specific projects were identified in the Transportation Master Plan for the Town of Vail and
updated by Town staff. Road sections listed below will be constructed as "complete streets"
with bus, bicycle, and pedestrian improvements. Town staff prepared the planning -level cost
estimates and identified the growth share of projects that will be funded with impact fees,
based on the expected increase in vehicular trips.
The total cost of transportation improvements needed to accommodate new development
through 2040 is estimated to be approximately $95 million in current dollars (not inflated over
time). Impact fees will fund approximately $20.8 million, which is 28% of systems
improvements. Funding from non -impact fee sources, such as the Colorado Department of
Transportation (CDOT), Real Estate Transfer Tax (RETT), and the Town of Vail General Fund will
cover the remaining cost of system improvements. As shown in the bottom right corner of the
table below, the capacity cost of $24,836 per additional trip is equal to the growth share of
transportation improvements divided by the increase in PM -Peak inbound vehicle trips.
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Figure 5 - Summary of Transportation Improvements and Growth Share
12
Transportation Improvements
Town of Vail, Colorado
Estimated
Cost
(Millions)
Project-
Level
Cost
System -Level Improvements
Percent Funded
By Impact Fee
Percent Other
Revenue
Cost by
Impact Fee
Cost by
Other Revenue
ID
PROJECT DESCRIPTION
A
West Vail Commercial
Roundabout & Medians
$ 6.70
$ 6.70
0%
0%
$
$
B
Buffehr Creek Turn Lanes
$ 1.20
$ -
52%
48%
$ 0.62
$ 0.58
C
Buffehr Creek NRT connection to
Marriott Roost
$ 0.50
$ 0.50
0%
0%
$
$
D
Marriott Roost Turn Lanes
$ 1.20
$ 1.20
0%
0%
$ -
$ -
E
Timber Ridge Turn Lanes
$ 1.20
$ 1.20
0%
0%
$ -
$ -
F
Lions Ridge Loop Turn Lanes
$ 1.20
$ -
35%
65%
$ 0.41
$ 0.79
G
Red Sandstone Drive Turn lanes
$ 1.20
$ -
35%
65%
$ 0.41
$ 0.79
H
Main Vail North Roundabout
Expansion to Two Lanes
$ 5.60
$
35%
65%
$ 1.98
$ 3.62
Main Vail Underpass Revesible
Lane
$ 2.00
$ -
35%
65%
$ 0.71
$ 1.29
J
Gore Creek Drive Turn Lanes
$ 1.20
$ -
14%
86%
$ 0.17
$ 1.03
K
Underpass (Cost Recovery)
$ 9.10
$ -
22%
78%
$ 1.96
$ 7.14
L
Underpass to Forest Road
Imrpovements (5 Lane/Walk)
$ 7.00
$ 7.00
0%
0%
$
$ -
M
Vail Spa to ELHC Improvements
(5 Lane/Walk)
$ 4.50
$ -
46%
54%
$ 2.05
$ 2.45
N
ELHC to LH Parking Structure
Entrance Medians
$ 0.75
$
46%
54%
$ 0.34
$ 0.41
O
LH Parking Structure Entrance to
Municipal Bldg (5 Lane & Rdabt)
$ 9.00
$ 2.25
39%
36%
$ 3.55
$ 3.20
P
Village Ctr Road to Vail Valley
Drive (Medians, TC Device,
Compact Rdabt)
$ 6.50
$ -
29%
71%
$ 1.92
$ 4.58
Q
PW/WD Turn Lanes
$ 1.20
$ -
27%
73%
$ 0.33
$ 0.87
R
Booth Creek Turn Lanes
$ 1.20
$ -
27%
73%
$ 0.33
$ 0.87
S
GVT Dowd Junction to WV Rdabt
$ 8.50
$ -
22%
78%
$ 1.83
$ 6.67
T
Donovan to Westhaven Drive
Walk
$ 1.50
$
22%
78%
$ 0.32
$ 1.18
U
WLHC walk (Vail Spa to S. Frtge)
$ 0.75
$ 0.75
0%
0%
$ -
$ -
V
WD Path imrpovements
$ 1.20
$ -
22%
78%
$ 0.26
$ 0.94
W
Vail Rd (Willow Way to Forest
Rd) Walk
$ 0.50
$ -
22%
78%
$ 0.11
$ 0.39
X
ELHC (LHWC to Dobson) Walk
$ 1.00
$ -
22%
78%
$ 0.22
$ 0.78
Y
West Vail Pedestrian Overpass
$ 6.00
$ -
22%
78%
$ 1.29
$ 4.71
Z
VMS to Bighorn Path
$ 1.50
$ -
22%
78%
$ 0.32
$ 1.18
AA
ELHC (Vantage Point to S.
Frontage Road) Walk
$ 0.20
$ -
22%
78%
$ 0.04
$ 0.16
BB
Chamonix (Arosa to Chamonix)
$ 1.00
$ -
22%
78%
$ 0.22
$ 0.78
CC
Chamonix (Chamonix to Buffehr
Creek Rd)
$ 1.00
$ -
22%
78%
$ 0.22
$ 0.78
DD
Line Haul Transit Stop
Improvement Projects
$ 1.60
$ -
22%
78%
$ 0.34
$ 1.26
EE
Vail Bus Stops (10 Shelters)
$ 1.50
$ -
22%
78%
$ 0.32
$ 1.18
FF
Arosa Transit Parking
$ 2.50
$ -
22%
78%
$ 0.54
$ 1.96
GG
Frontage Road Lighting
Improvements
$ 5.00
$ -
0%
100%
$ -
$ 5.00
HH
Structured Parking Expansion &
Buses
$
$
0%
100%
$
$
Grand Totals
$ 95.00
$19.60
28%
72%
$ 20.81
$ 54.59
Net New PM Peak Inbound Trips => 838
Capacity Cost per Additional PM Peak Inbound Trip => $ 24,836
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Credit for Other Revenues
A general requirement that is common to impact fee methodologies is the evaluation of credits.
A revenue credit may be necessary to avoid potential double payment situations arising from
the one-time payment of an impact fee plus other revenue payments that may also fund
growth -related capital improvements. The determination of credits is dependent upon the
impact fee methodology used in the cost analysis. Vail's transportation impact fees are derived
primarily using a plan -based method, with a minor cost recovery component for the recently
completed 1-70 underpass. This method is based on future capital improvements needed to
accommodate new development. Given the plan -based approach, the credit evaluation
focuses on the need for future bonds and revenues that will fund planned capital
improvements. Because the Town does not expect to bond finance transportation projects, a
revenue credit for future principal payments is not applicable.
Some impact fee studies include a credit for gas taxes and/or General Fund revenue. A credit
for future revenue generated by new development is only necessary if there is potential double
payment for system improvements. In the Town of Vail, transportation impact fees are derived
from the growth cost of system improvements, not the total cost of capital improvements.
Impact fee revenue will be used exclusively for the growth share of improvements listed in
Figure 5. Other, non -impact fee funds, such as the General Fund and gas tax revenue, will be
used for maintenance of existing facilities, correcting existing deficiencies and for making
improvements not listed in the transportation CIP. Based on expected development in Vail (see
Figure 8), future impact fee revenue approximates the growth cost of planned system
improvements (approximately $21 million). If elected officials in Vail make a legislative policy
decision to fully fund the growth share of system improvements from impact fees, a credit for
other revenue sources is unnecessary.
Transportation Impact Fee Formula and Input Variables
Input variables for the transportation impact fee are shown in Figure 6. Inbound trips by type
of development are multiplied by the net capital cost per trip to yield the transportation impact
fees. For example, the transportation impact fee formula for a two family or multiple family
unit in the core area is 0.24 x $24,836 = $5,960 (truncated) per housing unit. Because the core
area of Vail has a walkable, urban development pattern, impact fees for two family or multiple
family housing and accommodation units are lower in the core area, as supported by the
engineering analysis in the adopted Transportation Master Plan (FHU 2009). Trip generation
rates are from the Transportation Master Plan, except for single family dwellings, which are
only expected outside the core area. Inbound trip rates per detached dwelling are documented
in Appendix A.
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Figure 6 — Transportation Impact Fee Input Variables
14
Residentail Dwellings (per Unit)
PM -Peak Inbound
Vehicle Trips
Dwelling, Two Family or Multiple Family (In Core Area)
0.24
Dwelling, Two Family or Multiple Family (Outside Core Area)
0.30
Dwelling, Single Family
0.39
Accommodation Unit (per Unit)
Accommodation Unit (In Core Area)
0.24
Accommodation Unit (Outside Core Area)
0.30
Commercial (per 1,000 Sq Ft of floor area)
Restaurant & Retail Establishments
0.56
Facilities Health Care
0.40
Office & Other Services
0.25
Infrastructure Standards
Cost per Trip => $24,836
Revenue Credit Per Trip => $0
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Maximum Supportable Transportation Impact Fees
The input variables discussed above yield the maximum supportable impact fees shown in
Figure 7. Fees for most types of commercial development are listed per square foot of floor
area. The impact fee for accommodation is based on the number of units.
Figure 7 — Transportation Impact Fee Schedule
15
Maximum Supportable Transportation Impact Fees
Residentail Dwellings (per Unit)
Dwelling, Two Family or Multiple Family (In the Core Area)
Dwelling, Two Family or Multiple Family (Outside the Core Area)
Dwelling, Single Family
Employee Housing Unit
Accommodation Unit (per Unit)
Accommodation Unit (In Core Area)
Accommodation Unit (Outside Core Area)
Commercial (per square foot of floor area)
Restaurant & Retail Establishments
Facilities Health Care
Office & Other Services
$5,960
$7,450
$9,686
so
$5,960
$7,450
$13.90
$9.93
$6.20
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Funding Strategy for Transportation System Improvements
Revenue projections shown below assume implementation of the maximum supportable
transportation impact fee. Projected revenues essentially match the growth share of the
capital improvements plan for transportation (i.e. $20.8 million). Impact fee revenue can be
accumulated over several years to construct major projects, but annually completing at least
one capital project will ensure benefit to fee payers. The percentage of total impact fee
revenue expected from each development type is shown below in the right column. New
housing units in Vail will generate approximately 58% of the transportation impact fee revenue.
New accommodation will generate approximately 11%, while other types of commercial
development will yield approximately 31% of projected revenue.
Figure 8 — Impact Fee Revenue Projection
Development
Type
Additional
Development
Units
Fee per
Development
Unit
$5,960
$7,450
$5,960
$7,450
$9,686
$5,960
$7,450
$13,900
$9,930
$6,200
Projected
Revenue
$4,202,000
$4,127,000
$244,000
$2,310,000
$1,162,000
$1,609,000
$760,000
$4,448,000
$1,390,000
$546,000
Percent of
Impact
Fees
20%
20%
1%
11%
6%
8%
4%
21%
7%
3%
Two Family or Multiple Family Units in Core Area
705
Two Family or Multiple Family Units Outside Core
554
Employee Housing Units in Core Area
41
Employee Housing Units Outside Core
310
Single Family Units
120
Accommodation Units in Core Area
270
Accommodation Units Outside Core
102
Restaurant & Retail KSF
320
Facilities Health Care KSF
140
Office & Other Services KSF
88
16
Total => $20,798,000
100%
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APPENDIX A - DEMOGRAPHIC DATA
In this Appendix, TischlerBise documents the demographic data used to derive trip rates by size
of single family housing. In the Town of Vail, the fiscal year begins on January 1st. Impact fees
are calibrated using 2016 as the base year and 2017 as the first projection year.
Trip Generation by Type and Size of Housing
Although the Town of Vail only expects a few single family (detached) housing units to be
constructed each year, TischlerBise recommends a fee schedule whereby larger units pay
higher transportation impact fees. Benefits of the proposed methodology include: 1)
proportionate assessment of infrastructure demand using local demographic data, 2)
progressive fee structure (i.e. smaller units pay less and larger units pay more), and 3) more
affordable fees for workforce housing.
Custom tabulations of demographic data by bedroom range can be created from individual
survey responses provided by the American Community Survey (ACS) published by the U.S.
Census Bureau, in files known as Public Use Microdata Samples (PUMS). Because PUMS files
are available for areas of roughly 100,000 persons, the Town of Vail is included in Public Use
Microdata Area (PUMA) 400 that includes Pitkin, Eagle, Summit, Grand and Jackson Counties.
At the top of Figure Al, cells with yellow shading indicate the survey results, which yield the
unadjusted number of persons and vehicles available per dwelling. These multipliers are
adjusted to match the control totals for Vail. According to ACS table B25033 (five-year
estimates) Vail had 5,277 year-round residents in 2014 and table B25032 indicates Vail had
2,451 households in 2014, or an average of 2.15 persons per household. TischlerBise used ACS
tables B25046 and B25032 to derive the average number of vehicles available per household.
In 2014, there were 3,738 aggregate vehicles available and 2,451 households, or an average of
1.53 vehicles available per household.
The middle section of Figure Al provides nation-wide data from the Institute of Transportation
Engineers (ITE). VTE is the acronym for Vehicle Trip Ends, which measures vehicles coming and
going from a development. Dividing trip ends per household by trip ends per person yields an
average of 2.17 persons per occupied condominium/townhouse and 3.78 persons per occupied
single dwelling, based on ITE's national survey. Applying Vail's current housing mix of 77.7%
condominium/townhouses and 22.3% single-family dwellings yields a weighted average of 2.53
persons per household. In comparison to the national data, Vail only has an average of 2.15
persons per household.
Dividing trip ends per household by trip ends per vehicle available yields an average of 1.68
vehicles available per occupied condo/townhouse and 1.52 vehicles available per occupied
single dwelling, based on ITE's national survey. Applying Vail's current housing mix yields a
nation-wide weighted average of 1.64 vehicles available per household. In comparison to the
national data, Vail has fewer vehicles available, with an average of 1.53 per housing unit.
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Rather than rely on one methodology, the recommended trip generation rates shown in the
bottom section of Figure Al (see Vail PM -Peak VTE per Household), are an average of trip rates
based on persons and vehicles available, for single family housing units by bedroom range. In
the Town of Vail, each household in a single family unit is expected to generate an average of
0.57 PM -Peak Vehicle Trip Ends, compared to the national average of 0.63 trip ends per
household.
Figure Al - PM Peak Hour Vehicle Attraction Trips by Size of Detached House
Calibrated to Demographic Control Totals for Vail, Colorado
ACS 2013 5 -Year PUMS Data for PUMA 400 (Pitkin, Eagle, Summit, Grand and Jackson Counties)
Bedroom
Range
Persons
(1)
Vehicles
Available (1)
Households
(1)
PUMA 400
Hshld Mix
Unadjusted
Persons/Hshld
Adj Persons
per Hshld (2)
Unadjusted
VehAvl/Hshld
Adj Veh Avl
per Hshld (2)
0-2
134
156
75
19.7%
1.79
1.62
2.08
1.38
3
409
376
165
43.4%
2.48
2.24
2.28
1.52
4
248
229
97
25.5%
2.56
2.31
2.36
1.57
5+
114
112
43
11.3%
2.65
2.39
2.60
1.73
Total 905
National Averages According to ITE
873
380
ITE
Code
PM -Peak VTE
per Person
PM -Peak VTE per
Vehicle Available
PM -Peak VTE
per Household
Vail
Hshld Mix
230 Condo /
Townhouse
0.24
0.31
0.52
77.7%
210 SFD
0.27
0.67
1.02
22.3%
Wgtd Avg 0.25 0.39
Recommended Trip Rate by Bedroom Range
0.63
Bedroom
Range
PM -Peak VTE
per Hshld
Based on
Persons (3)
PM -Peak VTE
per Hshld
Based on Veh
Available (4)
Vail
PM -Peak VTE
per Hshld
(5)
0-2
0.41
0.54
0.48
3
0.56
0.59
0.58
4
0.58
0.61
0.60
5+
0.60
0.67
0.64
Total
18
0.54
0.60
0.57
2.38
2.15
Persons per
Household
2.17
3.78
2.53
2.30
1.53
Veh Avl per
Household
1.68
1.52
1.64
(1) American Community Survey, Public Use Microdata Sample for CO
PUMA 400 (2013 Five -Year unweighted data).
(2) Adjusted multipliers are scaled to make the average PUMS values
match control totals for Vail (ACS 2014 Five -Year data).
(3) Adjusted persons per household multiplied by national weighted
average trip rate per person.
(4) Adjusted vehicles available per household multiplied by national
weighted average trip rate per vehicle available.
(5) Average of trip rates based on persons and vehicles available per
housing unit. Does not show adjustment to inbound trips (64% entering).
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Trip Generation by Floor Area of Single Family Housing
To derive afternoon peak hour inbound trips by square feet of single family housing,
TischlerBise combined demographic data from the Census Bureau (discussed above) and single
family house size data from the County Assessor's parcel database. The number of bedrooms
per housing unit is the common connection between the two databases. In Vail, the average
size single family housing unit with two or less bedrooms has 1,594 square feet of heated
space. The average three-bedroom unit has 2,667 square feet of floor area. The average size
of a four-bedroom unit is 3,698 square feet of floor area. Single family housing units with five
or more bedrooms average 5,706 square feet of floor area.
Average floor area and number of inbound trips by bedroom range are plotted in Figure A2,
with a logarithmic trend line derived from the four actual averages in the Town of Vail.
TischlerBise used the trend line formula to derive estimated average PM -Peak, inbound trips by
size of single family housing unit, in 300 square feet intervals. Square feet measures heated
floor area (excluding porches, garages, unfinished basements, etc.).
Based on the size of single family housing units in Vail, TischlerBise recommends limiting
transportation impact fees for single family housing to the floor area range shown below. In
other words, a single family house with 2,099 or less square feet would pay a transportation
impact fee based on 0.33 inbound vehicle trips. Likewise, single family units with 6,300 or more
square feet of heated space would pay a maximum transportation impact fee based on 0.42
inbound vehicle trips.
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Figure A2 — PM Peak Hour Inbound Trips by Square Feet
Average dwelling size by bedroom
range is from County Assessor
parcel database. PM -Peak vehicle
trip ends are derived using ACS
PUMS data and calibrated to Town
of Vail demographics. Inbound
trips are 64% of trip ends (ITE
LU1L).
+..
.c
m
ao
c
.17
3
O
1
v
Q
Q
._
S
O
c
20
0.45
0.40
0.35
0.30
0.25
0.20
0.15
0.10
0.05
0.00
Actual Averages per Hsg Unit
Fitted -Curve Values
Bedrooms
Square Feet
Inbound Trips
Square Feet
Inbound Trips
0-2
1,594
0.31
2099 or less
0.33
3
2,667
0.37
2100 to 2599
0.34
4
3,698
0.38
2600 to 3099
0.35
5+
5,706
0.41
PM -Peak Inbound Vehicle Trips
per Detached Dwelling by Size within Vail, CO
y = 0.0761n(x) - 0.2431
R2= 0.9513
0 1,000 2,000 3,000 4,000 5,000 6,000
Square Feet of Heated Area
3100 to 3599
0.37
3600 to 4099
0.38
4100 to 4599
0.39
4600 to 5099
0.40
5100 to 5599
0.41
5600 to 6099
0.41
6100 or more
0.42
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APPENDIX B: IMPLEMENTATION AND ADMINISTRATION
Development impact fees should be periodically evaluated and updated to reflect recent data.
One approach is to adjust for inflation using an index, such as the Engineering News Record
(ENR) Construction Cost Index published by McGraw-Hill Companies. This index could be
applied to the adopted impact fee schedule. If cost estimates or demand indicators change
significantly, the Town should redo the fee calculations.
Colorado's enabling legislation allows local governments to "waive an impact fee or other
similar development charge on the development of low or moderate income housing, or
affordable employee housing, as defined by the local government." However, projected impact
fee revenue from employee housing accounts for approximately 12% of the growth cost to be
funded by impact fees. Given this magnitude, waiving impact fees for workforce housing will
create a significant funding gap.
Credits and Reimbursements
Specific policies and procedures related to site-specific credits or developer reimbursements
will be addressed in the ordinance that establishes the transportation impact fees. Project -
level improvements, normally required as part of the development approval process, are not
eligible for credits against impact fees. If a developer constructs a system improvement (see
the impact fee funded improvements listed in Figure 5), it will be necessary to either reimburse
the developer or provide a site-specific credit. The latter option is more difficult to administer
because it creates unique fees for specific geographic areas. TischlerBise recommends
establishing reimbursement agreements with the developers that construct a system
improvement. The reimbursement agreement should be limited to a payback period of no
more than ten years and the Town should not pay interest on the outstanding balance. The
developer must provide sufficient documentation of the actual cost incurred for the system
improvement. The Town should only agree to pay the lesser of the actual construction cost or
the estimated cost used in the impact fee analysis. If the Town pays more than the cost used in
the fee analysis, there will be insufficient impact fee revenue. Reimbursement agreements
should only obligate the Town to reimburse developers annually according to actual fee
collections from the service area. If the Town collects impact fees for other types of
infrastructure, site specific credits or developer reimbursements for one type of system
improvement does not negate payment of impact fees for other types of infrastructure.
Town -wide Service Area
The transportation impact fee service area is defined as the entire incorporated area within the
Town of Vail. Even though Colorado's enabling legislation uses the phrase "direct benefit" Vail
is a relatively small geographic area with a strong core area. Transportation improvements
along the 1-70 corridor will benefit new development throughout the entire Town.
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Development Categories
Proposed transportation fees are assessed based on general land use categories. The categories
within the Transportation Impact Fee Schedule are further defined within Title 12-2-2 of the
Town of Vail Code. Any uses or development types not specifically defined below or within Title
12-2-2 shall be interpreted by the Administrator in accordance with the Vail Transportation
Impact Fee Study.
Residential Development
Residential development categories represent general groups of land uses that share similar
characteristics.
1. Single Family includes:
• Dwelling, Single -Family
2. Two Family or Multiple Family includes:
• Dwelling, Multiple -Family
• Dwelling, Two -Family
• Fractional Fee Club Unit
3. Accommodation includes:
• Accommodation Unit
• Accommodation Unit, Attached
• Lodge Dwelling Unit
• Lodge, Limited Service
• Timeshare Unit
Commercial Development
Commercial development categories represent general groups of land uses that share similar
characteristics.
1. Facilities Health Care includes:
• Healthcare Facilities
2. Office & Other Services includes:
• Professional Offices, Business Offices, and Studios
• Banks and Financial Institutions
• Personal Services and Repair Shops
• Child Daycare Center
• Health Clubs / Spas
• Commercial Ski Storage / Ski Clubs
• Religious Institutions
3. Restaurant & Retail includes:
• Eating and Drinking Establishments
• Retail Stores and Establishments
• Theaters
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Even though churches are a common type of development, they do not have a specific impact
fee category due to a lack of sufficient data. For churches and any other atypical development,
staff must establish a consistent administrative process to reasonably treat similar
developments in a similar way. When presented with a development type that does not match
one of the development categories in the published fee schedule, the first option is to look in
the ITE trip generation book to see if there is land use category with valid trip rates that match
the proposed development. The second option is to determine the published category that is
most like the proposed development. Churches without daycare or schools are basically an
office area (used throughout the week) with a large auditorium and class space (used
periodically during the week). Some jurisdictions make a policy decision to impose impact fees
on churches based on the fee schedule for warehousing. The rationale for this policy is the
finding that churches are large buildings that generate little weekday traffic and only have a few
full time employees. A third option is to impose impact fees on churches by breaking down the
building floor area into its primary use. For example, a church with 25,000 square feet of floor
area may have 2,000 square feet of office space used by employees throughout the week. At a
minimum, impact fees could be imposed on the office floor area. An additional impact fee
amount could be imposed for the remainder of the building based on the rate for a warehouse.
An applicant may submit an independent study to document unique demand indicators for a
particular development. The independent study must be prepared by a professional engineer
or certified planner and use the same type of input variables as those in the transportation
impact fee methodology. The independent fee study will be reviewed by Town staff and can be
accepted as the basis for a unique fee calculation. If staff determines the independent fee
study is not reasonable, the applicant may appeal the administrative decision to elected
officials for their consideration.
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Currans, Kristina and Kelly Clifton. 2015. "Using Household Travel Surveys to Adjust ITE Trip
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Daisa, James and Terry Parker. 2009. "Trip Generation Rates for Urban Infill Land Uses in
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Daisa, James, M. Schmitt, P. Reinhofer, K. Hooper, B. Bochner and L. Schwartz. 2013. "Trip
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Downs, Anthony. 1992. Stuck in Traffic: Coping with Peak Hour Traffic Congestion.
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Reid Ewing, Michael Greenwald, Ming Zhang, Jerry Walters, Mark Feldman, Robert Cervero,
Lawrence Frank, and John Thomas. 2011. "Traffic Generated by Mixed -Use Developments: Six -
Region Study Using Consistent Built Environmental Measures" Journal of Urban Planning and
Development 137(3): 248-61.
Resource Systems Group, Fehr & Peers, Robert Cervero, Kara Kockelman, and Renaissance
Planning Group. 2012. Effect of Smart Growth Policies on Travel Demand. Strategic Highway
Research Program 2 Report S2 -C16 -RR -1. Transportation Research Board of the National
Academies.
Ross, Catherine and Anne Dunning. 1997. Land Use Transportation Interaction: An
Examination of the 1995 NPTS Data. Georgia Institute of Technology.
Schiller, P., E. Bruun, and J. Kenworthy. 2010. Introduction to Sustainable Transportation:
Policy, Planning, and Implementation. Earthscan.
Schneider, Robert, Susan Handy and Kevan Shafizadeh. 2014. "Trip Generation for Smart
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Seggerman, Karen, Kristine Williams, Pei -Sung Lin, and Aldo Fabregas. 2009. Evaluation of the
Mobility Fee Concept. Center for Urban Transportation Research, University of South Florida.
Shoup, Donald. 2011. High Cost of Free Parking. American Planning Association.
Speck, Jeff. 2012. Walkable City: How Downtown Can Save America, One Step at a Time.
Farrar, Straus and Giroux.
Steiner, Ruth, and Siva Srinivasan. 2010. VMT-Based Traffic Impact Assessment: Development
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Transportation Research Board. 2001. Making Transit Work. National Academy Press Special
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Transportation Research Board. 2009. Driving and the Built Environment. National Academy
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Urban Land Institute and National Multi Housing Council. 2008. Getting Density Right: Tools
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Center for Urban Policy Research.
27
TischlerBise
FISCAL 1 ECONOMIC 1 PLANNING
June 20, 2017 - Page 116 of 50;
Development
Name
Address
Building Type Permit Number(s)
103 Rockledge
Rosenbach Road
NSFR (new single
family)
B15-0041
F16-0027
E16-0122
A16-0044
DRB 140278
DRB 150325
PEC140034
DRB 150053
DRB 1500431
DRB140189
DRB 16-0275
DRB 16-0276
Remmert
NSFR (new single
5147 Gore Circle family)
B16-0229
E16-0123
F16-0067
A16-0073
DRB 16-0133
DRB 16-0178
DRB 17-0122
Gerardi
2705 Bald
Mountain Road
Addition to
existing
B16-0400
DRB 16-0263
Mountain CI
Holdings
2755 Snowberry NDUP (new
Drive duplex)
B15-0020
B15-0021
A15-0021
A15-0022
F15-0081
F15-0082
DRB 140538
DRB 150443
DRB 150444
DRB 16-0179
ADM 16-0006
Project
Valuation
9,105,064
34,959
668,000
2,500
9,810,523
1,010,000
23,500
30,000
4,500
1,068,000
300,000
300,000
778,200
1,166,040
4,500
4,500
23,500
23,500
Development Review Process Matrix
Permit Fees
Due (excluding
Use Tax
Construction Recreation
Use Tax Paid Fees
83,323
1,918
1184.5
381.75
650
650
20
650
20
20
0
0
332,443
2,030
88,817
332,443
2,030
10,705
667
1,707
457
650
20
20,000
554
14,205
20,000
554
3,909
300
5,800
120
4,209
5,800
120
10,417
13,623
457
457
1,431
1,431
650
20
20
20
100
15,364
23,121
752
790
Permit
% of
Project
Fees Paid Valuation
415,765
1,918
1,185
382
650
650
20
650
20
20
421,259
31,259
667
1,707
457
650
20
4.29%
34,760
9,829
300
3.25%
10,129
25,781
36,744
457
457
1,431
1,431
650
20
20
20
100
3.38%
S:\Community Development\Boards\Planning Environmental Commission\PEC Meetings 2017\050817\PEC17-0008 Traffic Impact Fee\PEC17-0008 Copy of Devel1gahZnt review matrix_impact fees_2017-0502
June 20, 2017 - Page 117 of 503
Housing Fee In
Lieu
Payment(2009
values
Traffic Impact Fee
Actual/
Existing
Proposed AIPP
9,686
9,686
9,686
9,686
14,900
Proposed
Total Project Costs
(includes permit fees due;
proposed - hsg mitigation
fee, use tax, rec fees, % of Project
bonds/DIA, Impact Fees) Valuation
432,976
4.41%
44,446
4.16%
10,129
3.38%
05/04/2017
Development
Name
Address
Building Type Permit Number(s)
705 West NCOM (new
Lion Lionshead Cr commercial)
B11-0496
A15-0012
A16-0006
D14-0002
DRB 140041
DRB 140375
DRB 150044
DRB 150490
DRB 160036
F15-0069
PEC130044
PEC140029
PEC140030
PEC150006
PEC150007
ADM 17-0004
ADM 17-0006
PW
Solaris
143 East Meadow NCOM (new
Dr commercial)
DEV05-0003
(exclude PRJ04-
PRJ05-0569
A09-0026
A09-0034
A09-0057
ADM 100004
ADM 100005
ASB07-0002
B07-0275
D07-0001
DRB050640
DRB070314
DRB070392
DRB070551
DRB080580
DRB090096
DRB 100033
DRB 100072
DRB 100107
DRB100168
DRB100174
DRB 100342
DRB 100375
DRB 110004
DRB 110076
E07-0288
E07-0366
E08-0027
E08-0102
S:\Community Development\Boards\Planning Environmental Commission\PEtIZ
Project
Valuation
2,000,240
90,151,250
443,277
22,500
111,000
540,264
91,268,291
4,200
1,764,092
9,900
14,500
92,299,893
540,000
85,000
7,200
6,200
17,866,000
25,000
Permit Fees
Due (excluding Construction
Use Tax Use Tax Paid
28,625 38,485
Recreation
Fees
1,542
888,455
16,911
1,132
1,854
20
20
20
20
70
23,393
650
800
650
800
650
100
100
11,813
1,805,045 310,818
947,458 1,805,045 310,818
399
66,385
4,001
100
100
116
677,711
5,652
650
20
20
20
20
97
20
124
20
67
50
20
20
62
20
1,821
179
1,345
349,023
181,532
008 Traffic ImpaGeae\PEC17-0008 Copy of Deve1201Znt revi
June 20, 2017 - Page 118 of 503
% of
Permit Project
Fees Paid Valuation
67,110 3.36%
3,004,318
16,911
1,132
1,854
20
20
20
20
70
23,393
650
800
650
800
650
100
100
11,813
3,063,321
399
66,385
4,001
100
100
116
859,242
5,652
650
20
20
20
20
97
20
124
20
67
50
20
20
62
20
1,821
179
1,345
349,023
669
3.36%
Housing Fee In
Lieu
Payment(2009
values
Actual/
Existing
Proposed AIPP
14,900
273,000
45,077
70,000
273,000 45,077
70,000
7,629,918 19,500 359,700 1,100, 000
Total Project Costs
(includes permit fees due;
proposed - hsg mitigation
fee, use tax, rec fees, % of Project
bonds/DIA, Impact Fees) Valuation
83,551 4.18%
3,178,398
3.48%
Development
Name Address Building Type Permit Number(s)
F08-0063
F08-0881
M08-0080
M08-0280
M09-0031
M09-0059
M09-0155
M09-0165
M10-0071
M10-0114
P08-0027
PEC050093
PEC050094
PEC050095
PEC070004
PEC070005
PEC070035
PEC070082
PEC080068
PEC090003
PEC090026
PEC100010
PEC100029
P W 07-0046
P W 07-0047
P W 07-0064
P W 07-0065
P W 07-0147
P W 07-0200
P W 07-0201
P W 07-0245
P W 07-0246
P W 07-0307
P W 08-0090
P W 08-0091
P W 08-0102
P W 08-0109
P W 08-0124
P W 08-0130
P W 08-0202
P W 08-0206
P W 08-0242
P W 08-0243
P W 08-0275
P W 08-0324
P W 08-0325
P W 08-0345
P W 09-0010
P W 09-0026
P W 09-0041
P W 09-0045
P W 09-0048
P W 09-0049
P W 09-0051
P W 09-0054
S:\Community Development\Boards\Planning Environmental Commission\FWIQZ72
Project
Valuation
1,798,000
55,000
10,060,090
22,000
377,901
96,800
32,294
478,000
350,000
7,000
7,222,948
Permit Fees
Due (excluding
Use Tax
76,765
2,688
251,529
1,114
9,454
2,429
829
11,954
8,755
180
135,435
6,000
650
1,300
1,250
650
1,250
1,000
1,000
1,250
1,250
1,300
500
1,218
218
2,670
4,730
220
220
21,482
50
13,981
445
150
500
700
150
150
784
250
250
150
21,532
2,170
213
150
888
Construction Recreation
Use Tax Paid Fees
150 -
008 Traffic I4a5f'e\PEC17-0008 Copyof DevelbOZnt revi
June 20, 2017 - Page 119 of 503
Permit
Fees Paid
76,765
2,688
251,529
1,114
9,454
2,429
829
11,954
8,755
180
135,435
6,000
650
1,300
1,250
650
1,250
1,000
1,000
1,250
1,250
1,300
500
1,218
218
2,670
4,730
220
220
21,482
50
13,981
445
150
500
700
150
150
784
250
250
150
21,532
2,170
213
150
888
150
1,540
% of
Project
Valuation
Housing Fee In
Lieu
Payment(2009
values
Actual/
Existing
Proposed AIPP
Total Project Costs
(includes permit fees due;
proposed - hsg mitigation
fee, use tax, rec fees, % of Project
bonds/DIA, Impact Fees) Valuation
Development
Name Address Building Type Permit Number(s)
P W 09-0079
P W 09-0080
P W 09-0089
P W 09-0090
P W 09-0102
P W 09-0126
P W 09-0140
P W 09-0169
P W 09-0190
P W 09-0191
PW 10-0006
PW 10-0007
P W 10-0010
P W 10-0012
P W 10-0013
P W 10-0015
P W 10-0017
PW 10-0023
PW 10-0027
PW 10-0039
PW 10-0085
PW 10-0097
PW 10-0098
PW 10-0099
PW 10-0101
PW 10-0127
P W 10-0132
P W 10-0135
P W 10-0148
P W 10-0149
P W 10-0150
PW 10-0151
P W 10-0152
P W 10-0153
P W 10-0167
P W 10-0168
P W 10-0189
P W 10-0190
PRJ06-0492
DRB060504
PRJ06-0530
B06-0348
DRB 110097
PRJ07-0163
DRB070172
PRJ08-0247
PEC080034
PEC080075
PRJ08-0417
B08-0287
DRB 100233
E09-0131
F09-0056
M09-0105
P09-0062
S:\Community Development\Boards\Planning Environmental CRPARa Meetings 2
Project
Valuation
500
1,675,000
257,238
3,700
190,000
110,000
Permit Fees
Due (excluding Construction Recreation
Use Tax Use Tax Paid Fees
12,959
505
150
150
250
100
100
150
320
175
1,700
600
2,405
1,140
150
540
900
845
470
500
2,145
250
172
500
450
800
3,100
578
859
2,612
56
65
62
110
1,250
500
13,949
55
15,417
507
4,754
2,067
008 Traffic Impact Fee\PEC17-0008 Copy of DevekbitufiZnt revi
June 20, 2017 - Page 120 of 503
% of
Permit Project
Fees Paid Valuation
12,959
505
150
150
250
100
100
150
320
175
1,700
600
2,405
1,140
150
540
900
845
470
500
2,145
250
172
500
450
800
3,100
578
859
2,612
56
65
62
110
1,250
500
13,949
55
15,417
507
4,754
2,067
Housing Fee In
Lieu
Payment(2009
values
Actual/
Existing
Proposed AIPP
Total Project Costs
(includes permit fees due;
proposed - hsg mitigation
fee, use tax, rec fees, % of Project
bonds/DIA, Impact Fees) Valuation
Development
Name
Address
Building Type
Permit Number(s)
B09-0010
E09-0024
M10-0018
P10-0008
PRJ09-0024
B09-0011
DRB 100621
E09-0025
F10-0066
M10-0165
P10-0119
PRJ09-0034
B09-0016
DRB 100308
DRB 100507
E09-0130
F10-0017
M09-0104
P09-0061
PEC100045
PEC100049
PRJ09-0040
B09-0021
E09-0256
M09-0243
P09-0163
PRJ09-0305
B09-0170
A09-0070
E09-0208
F09-0048
M09-0214
P09-0150
PRJ09-0657
B10-0014
E10-0001
M10-0003
M10-0020
P10-0002
PRJ09-0669
Al 0-0025
B09-0347
DRB 1000351
DRB 100431
E10-0012
F10-0005
M10-0023
PRJ09-0682
A10-0010
B09-0352
DRB 100157
El 0-0002
F10-0006
M10-0007
S:\Community Development\Boards\Planning Environmental \FIMNIIPe
Project
Valuation
167,875
6,471
32,272
24,693
53,920
6,471
1,892
2,500
1,500
1,576,500
795,336
2,200
256,000
155,000
983,125
146,000
13,700
3,200
249,500
4,000
152,000
640
60,000
40,000
116,000
13,900
14,500
2,000
15,100
1
25,000
16,000
2,497
11,000
4,500
65,500
12,491
1,500
29,115
Permit Fees
Due (excluding
Use Tax
2,273
157
829
473
1,112
56
157
512
79
42
13,228
60
62
16,158
526
6,404
2,910
200
1,300
9,243
1,798
355
79
3,030
438
62
377
1,504
754
1,792
177
379
54
304
288
1,060
60
56
497
538
279
457
1,362
65
326
496
754
008 Traffic Impalfae\PEC17-0008 Copy of Devel5OZnt revi
Construction Recreation
Use Tax Paid Fees
June 20, 2017 - Page 121 of 503
Permit
Fees Paid
2,273
157
1,112
56
157
512
79
42
13,228
60
62
16,158
526
6,404
2,910
200
1,300
9,243
1,798
355
79
3,030
438
62
377
1,504
754
1,792
177
379
54
304
288
1,060
60
56
497
538
279
457
1,362
65
326
496
754
190
% of
Project
Valuation
Housing Fee In
Lieu
Payment(2009
values
Actual/
Existing
Proposed AIPP
Total Project Costs
(includes permit fees due;
proposed - hsg mitigation
fee, use tax, rec fees, % of Project
bonds/DIA, Impact Fees) Valuation
Development
Name Address Building Type Permit Number(s)
P RJ 10-0023
A10-0013
Al 0-0026
B10-0008
DRB 100353
E10-0018
F10-0018
M10-0033
P10-0015
P RJ 10-0039
B10-0015
El 0-0068
M10-0039
P10-0016
P RJ 10-0081
Al 0-0024
Al 0-0045
B10-0034
DRB 100372
El 0-0028
F10-0015
M10-0058
P10-0066
P RJ 10-0160
Al 0-0044
B10-0085
DRB100410
DRB 100632
El 0-0065
F10-0045
M10-0105
M10-0112
P10-0080
P RJ 10-0171
Al 0-0073
B10-0093
DRB 100273
E10-0181
F10-0044
M10-0166
P10-0120
P RJ 10-0174
A11-0010
B10-0095
E10-0146
F11-0009
F11-0018
M10-0091
P10-0067
P RJ 10-0298
E10-0134
P RJ 10-0323
A10-0091
B10-0154
DRB 100588
S:\Community Development\Boards\Planning Environmental Commission\PEt:lj0
Project
Valuation
4,875
1
270,000
38,500
1,564
30,000
14,000
96,000
14,600
900
800
3,910
2,000
75,000
22,000
1,750
19,000
3,906
6,184
62,000
25,000
3,375
26,000
2,500
2,500
2,323
296,625
39,000
4,125
28,400
1,000
2,475
280,500
33,600
2,080
4,600
49,100
38,300
2,500
2,850
71,000
16,449
Permit Fees
Due (excluding Construction Recreation
Use Tax Use Tax Paid Fees
471
288
3,324
56
934
498
754
267
1,762
478
29
23
435
363
1,355
56
611
506
479
79
520
1,315
56
56
668
575
974
79
60
375
3,465
56
934
607
729
23
381
3,941
1,461
520
628
2,365
1,541
385
395
1,309 -
56
008 Traffic ImpAtlfebe\PEC17-0008 Copy of DevelOguhZnt revi
June 20, 2017 - Page 122 of 503
% of
Permit Project
Fees Paid Valuation
471
288
3,324
56
934
498
754
267
1,762
478
29
23
435
363
1,355
56
611
506
479
79
520
1,315
56
56
668
575
974
79
60
375
3,465
56
934
607
729
23
381
3,941
1,461
520
628
2,365
1,541
385
395
1,309
56
516
Housing Fee In
Lieu
Payment(2009
values
Actual/
Existing
Proposed AIPP
Total Project Costs
(includes permit fees due;
proposed - hsg mitigation
fee, use tax, rec fees, % of Project
bonds/DIA, Impact Fees) Valuation
Development
Name
Address
Building Type
Permit Number(s)
F10-0054
M10-0152
PRJ10-0337
Al 0-0075
B10-0161
DRB 100236
DRB 100237
E10-0176
F10-0059
M10-0134
P10-0110
P RJ 10-0407
Al 0-0072
B10-0201
DRB 100424
E10-0210
F10-0065
M10-0172
P RJ 10-0513
B10-0271
E 10-0248
F10-0078
M10-0232
P10-0158
P RJ 10-0570
A10-0108
B10-0306
DRB 100628
E 10-0308
F10-0077
M10-0256
P10-0170
P RJ 10-0702
A10-0107
B10-0382
DRB 100586
E 10-0309
F10-0097
M10-0267
Project
Valuation
4,800
35,000
2,647
213,000
28,000
3,500
19,200
8,000
1,876
54,800
15,000
1,720
4,000
36,300
4,500
4,500
800
2,300
2,020
75,500
17,000
1,925
3,100
4,900
240
100,000
50,000
1,875
8,400
142,728,549
Permit Fees
Due (excluding
Use Tax
636
879
387
2,688
56
20
725
581
504
154
358
1,125
56
478
505
105
851
289
623
49
60
364
1,366
56
516
514
104
98
472
1,645
62
1,143
512
229
Construction Recreation
Use Tax Paid Fees
1,904,868
181,532
Permit
Fees Paid
636
879
387
2,688
56
20
725
581
504
154
358
1,125
56
478
505
105
851
289
623
49
60
364
1,366
56
516
514
104
98
472
1,645
62
1,143
512
229
% of
Project
Valuation
2,085,097
1.46%
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June 20, 2017 - Page 123 of 503
Housing Fee In
Lieu
Payment(2009
values
Actual/
Existing
Proposed AIPP
7,629,918 19,500 359,700 1,100,000
Total Project Costs
(includes permit fees due;
proposed - hsg mitigation
fee, use tax, rec fees, % of Project
bonds/DIA, Impact Fees) Valuation
11,176,017
7.83%
05/04/2017
ATTACHMENT D
Transportation Impact Fee Schedule (January 2017 -Original)
Maximum Supportable Transportation Impact Fees
Residential (oer housina unit)
Attached in Core Area
Attached Outside Core
Detached
Detached
Detached
Detached
Detached
Detached
Detached
Detached
Detached
Detached
Detached
Detached
Detached
Detached
Detached
Hotel (per room)
Heated Sq Ft
all sizes
all sizes
2099 or less
2100 to 2399
2400 to 2699
2700 to 2999
3000 to 3299
3300 to 3599
3600 to 3899
3900 to 4199
4200 to 4499
4500 to 4799
4800 to 5099
5100 to 5399
5400 to 5699
5700 to 5999
6000 to 6299
6300 or more
Hotel in Core Area
Hotel Outside Core
Nonresidential (per square foot of floor area)
$5,960
$7,450
$8,195
$8,444
$8,692
$9,686
$9,686
$9,934
$9,934
$10,182
$10,182
$5,960
$7,450
June 20, 2017 - Page 124 of 50:
Transportation Impact Fee Schedule (February 2017, Revised per Council Direction)
Maximum Supportable Transportation Impact Fees
Residential (per housing unit
Attached in Core Area all sizes $5,960
Attached Outside Core all sizes $7,450
Detached 2099 or less $8,195
Detached 2100 to 2599 $8,444
Detached 2600 to 3099 $8,692
Detached 3100 to 3599 $9,189
Detached 3600 to 4099 $9,437
Detached 4100 to 4599 $9,686
Detached 4600 to 5099 $9,934
Detached 5100 to 5599 $10,182
Detached 5600 to 6099 $10,182
Detached 6100 or more $10,431
Hotel (per room)
Hotel in Core Area $5,960
Hotel Outside Core $7,450
Nonresidential (per square foot of floor area)
Commercial $13.90
Hospital $9.93
Office & Other Services $6.20
Heated Sq Ft
Transportation Impact Fee Schedule (May 2017, PEC FINAL RECOMMENDATION)
Maximum Supportable Transportation Impact Fees
Residential Dwellings (per Unit)
Dwelling, Two Family or Multiple Family (In the Core Area) $ 5,960.00
Dwelling, Two Family or Multiple Family (Outside the Core Area) $ 7,450.00
Dwelling, Single Family $ 9,686.00
Employee Housing Unit $0
Accommodation Unit (per Unit)
Accommodation Unit (In Core Area) $ 5,960.00
Accommodation Unit (Outside Core Area) $ 7,450.00
Commercial (per square foot of floor area)
Restaurant & Retail Establishments $ 13.90
Facilities Health Care $ 9.93
Office & Other Services $ 6.20
June 20, 2017 - Page 125 of 50:
MINN VaiLi
PLANNING AND ENVIRONMENTAL COMMISSION May 8, 2017, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road -Vail,Colorado, 81657
(Note: This is not a copy of the full results of the entire meeting of May 8, 2017. These
results are provided only for the review of the proposed Transportation Impact Fee.
Please contact the Community Development Department for a complete copy of the
results of this meeting, which includes other projects and applications.)
5. A request for a recommendation to the Vail Town Council for a zoning text amendment
pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend Title 12 of the Vail
Town Code to add a new Chapter 26, Traffic Impact Fee, and setting forth details in
regard thereto. (PEC17-0008)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Chris Neubecker
Motion #1: Table to May 22, 2017
First: Gillette Second: Stockmar
(Opposed: Rediker, Lockman, Perez, Hopkins, Kurz)
Vote: 2-5
Motion #2: Forward recommendation of approval, with condition to amend the
language as previous suggested by Perez, to exempt remodels on residential units,
and the fee shall be set by Town Council "on a rational basis".
First: Lockman Second: Kurz
(Opposed: Rediker, Perez, Gillette, Stockmar)
Vote: 3-4
Motion #3: Forward recommendation of approval, as the ordinance is currently
proposed in staff memo.
First: Lockman Second: Kurz
(Opposed: Gillette, Stockmar, Perez)
Vote: 4-3
Neubecker introduced the application. This item was heard a few weeks ago, and tabled to
today to allow more research. He presented a development fees matrix showing all of the
fees and taxes paid in the development review process. He also discussed why the fee is
not based on parking, as suggested by the PEC. Draft ordinance has been modified to
simplify, and removing some definitions already in the code. Recommendation is to
proceed as previously presented.
Lockman: Asked how the fees will be set.
Neubecker: Fees are adjusted each year by resolution, rather than require it to be
amended by ordinance. This process saves time.
Tom Kassmel, Town Engineer, reintroduced the project. Codifying the fee was requested
by Town Council. For the past 17 years, the Town has been working with developers on
agreements to pay the fee on development in limited zone districts (LMU-1 LMU-2, PA -1
June 20, 2017 - Page 126 of 50;
PA -2), for only limited types of development. State law requires a rational nexus study, and
requires the fees to be applied equally to all zone districts. The fee has been simplified to
be based on number of new units, not based on square feet. The sales tax increase that
would be required to collect the same amount of revenue would be 0.13%.
Gillette: What is current sales tax? What is process to change the tax rate?
Kassmel: Current Town of Vail sales tax rate is 4%. To change this would require a vote of
the public.
Stockmar: Asked about difference in the table on Page 7, which requires no fee for EHUs.
This does not match table on page 9.
Kassmel: Differences are based on the fee that would be required, if EHUs were required
to pay a fee. Town Council decided to waive that fee. The waived fee can not be spread
out and paid by other development types. Staff also researched basing the fee on parking.
TishlerBise recommended against this fee basis. Parking rates are different in different
zones, and single family developments would have to pay significantly more.
Stockmar: The shape of Vail is odd. Other communities don't have the same transportation
issues, based on the shape of our town.
Kassmel: Fee is based on the Town of Vail, based on study by TishlerBise. He compared
other communities' fees. Pitkin County is most similar to Vail. Fees are based on what
revenue is needed to complete Vail's needed transportation projects.
Gillette: He compared the proposed fees to those in Eagle County. We are shoving this fee
down the throats of those that have not yet developed. We should be more comparable to
Eagle County.
Kassmel: If we allow no more development than we have today, there would be no need
for these transportation projects.
Gillette: What did The Lion pay, and what would be due under the proposed fee?
Kassmel: The Lion valuation was $90 million, and paid total fees of $3 million. Actual traffic
impact fee was $273,000. Proposed fee would be $45,000, based on number of new units.
Solaris was $142 million project; total permit fees were about $2 million, plus employee
housing fees. Solaris paid about $20,000 in traffic impact fee. New fee would be about
$360,000. This is based on "net new" development.
Lockman: Why the disparity between what was paid at Solaris, versus what would be due?
Kassmel: Proposed fees are based on net new. The previously development at Solaris had
a larger theater, many of the restaurant uses were reduced in size. Previous development
at this location also had a grocery store. It's helpful to developer to have a fee schedule
that is predictable. Discussed the fees paid at various other developments, including single
family.
Lockman: A prescriptive fee basis is easier for everyone to understand.
June 20, 2017 - Page 127 of 50:
Perez: Why is 12% of revenue shown coming from employee housing, but you propose to
exempt employee housing? Why are we exempting employee housing? It still has an
impact on transportation. This creates a larger burden on the developments.
Kassmel: Town Council requested to subsidize employee housing. We have a difficult
enough time getting employee housing built.
Gillette: State law limits the types of project that can be exempt. Employee housing is one
of them.
Kassmel: These are the maximum fees. Council could cut the fees across the board. We
could exempt certain fees, but then Town would have to come up with the revenue from
another source.
Rediker: Do these fees automatically increase each year?
Neubecker: No. Staff will need to take this to Town Council each year as a resolution to
change the fees.
Perez: In the ordinance, it does not exempt remodels. Redevelopment implies a remodel.
Want to ensure that residential remodels are exempt. Can we add a line to clarify this?
Also, want to add language that states that the fee is set by resolution of the Town Council
"on a rational basis". Also, clarify that no transportation impact fee shall be assed on a
residential remodel. Also, concerned that the definitions of residential development,
commercial development and project were removed from the ordinance.
Kassmel: Those definitions are already in the code.
Gillette: Fee is based on adding a dwelling unit. If it's not broken, don't fix it. This is a
community wide problem, and should be spread -out over the entire community. $20 million
over 25 years is nothing for this community, but it's a big impact on a developer.
Stockmar: This is a regressive fee, paid only by a small number of people in the
community. The answer is probably a sales tax. It would be fair, and paid by people
including visitors.
Hopkins: What are some of the projects this revenue will be used for?
Stockmar: Can't be used for maintenance. Sales tax would not limit how we use the
money.
Kassmel: Money can only be used for infrastructure projects.
Gillette: We don't need this fee. It has worked up until now. Some of the projects we have
done are not necessary. Lionhead bus shelter on Frontage Road does not get used. This is
money we don't need.
Rediker: Why distinguish between inside and outside the core?
Kassmel: Fee is based on the Transportation Master Plan. It's based on the amount of
traffic generated by different types of uses. It considers multi -modal uses and trips. People
June 20, 2017 - Page 128 of 50:
in the core can walk to more shops and restaurants.
Rediker: People from the core still drive to the grocery store.
Kassmel: This is based on ITE trip rates. On average, people who stay in the core drive
less.
Perez: What about those that stay at the Ritz and ride the shuttle? They probably take
more trips.
Kassmel: This is based on averages. Based on what we see from a traffic generation
standpoint.
Public Comment — None
Neubecker: If there is a motion for approval, please include any suggested change to the
ordinance in your motion.
Stockmar: Why was Town Council reticent to use a sales tax?
Kassmel: Not sure if sales tax was discussed. This method of collecting fees is widely
used. Perception is that new development causes the need for these projects. This method
of revenue has been in discussions with Council for several years to codify this fee, and
legally we should follow the recommendations of study.
Gillette: Asked if we could just codify the fee as it is in place today. Asked how much
revenue could be collected if we codified current fee in the zone districts where the fee
exists today. The revenue proposed is not enough compared to the animosity this will
create. If it's not broke, don't fix it.
Kassmel: Depends on how much new development happens in those few districts that
currently have the fee.
Stockmar: Let's look at the rational relationship to the fee and impacts. Because of the
geography and shape of the Town, a huge burden is placed on the transportation system
from those living in East Vail. Would like to find more rational way to find the funding.
Frustrated that state law does not allow revenue to be used for maintenance. Would like to
look into this more thoroughly, or would support a sales tax which is more equitable.
Gillette: If proposed legislation more mirrored the system we have in place, that should
satisfy the town attorney. We have always found the money needed in the past. Don't
burden the developer more that we already have.
Kassmel: Suggested that the PEC could make a recommendation, with an alteration to the
ordinance. For example, you could recommend exempting single family and duplexes, in
addition to employee housing. Council would need to agree to subsidize these uses.
Gillette: System is working now. Town looks great, staff does a great job. That's how
know that it's working now.
Kurz: I was previously involved in looking into this issue, in another role in this room. I'm
June 20, 2017 - Page 129 of 50:
not yet at a point to recommend approval.
Perez: Not ready to go to Council; still lot of work to be done. Need to research inside fees
inside core vs. outside core, and if it should apply to single family development.
Lockman: Agree with proposal as -is. The due diligence has been done. This has already
been worked to death. Council wants a fee, not a sales tax. As proposed, net new
development pays for the impacts. Other Town revenue will be used for other projects. This
will codify a fee that has been vague.
Rediker: Agree with Lockman. We are ready to send this forward to Council. Burden on
development is minimal compared to impacts of new growth. Not in favor of increasing
sales tax. Colorado legislature has determined that this is a fair and equitable way to raise
revenue.
Perez: Not sure we should have different fees inside the code vs. outside the core. Why do
we distinguish? Assumption is that people in the core take public transportation
Neubecker: This is based on traffic studies by traffic engineers. In a walkable situation like
Vail Village, people drive less. Study is based on national studies and averages.
Kassmel: Study is based not on specific properties in Vail, but for example based on resort
hotels in general, for example.
Stockmar: Is there any community in county, similar to Vail in geography? That layout
impacts trips and how the revenue is raised. Others have likely faced a similar situation. I'm
on the fence, and need more information.
Kassmel: We are OK with tabling. We want to get you the information you need.
Lockman: How many undeveloped residential lots are in the core area?
Kurz: My concerns have largely been answered. I will move forward to recommend
approval.
Perez: We have a motion on the table.
Rediker — Voted against the motion (#2), because I do not believe the proposed ordinance
needs to be revised.
June 20, 2017 - Page 130 of 50:
TOWN OF VAIL.
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: May 8, 2017
Subject: A request for a recommendation to the Vail Town Council for a prescribed
regulations amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code, to amend Title 12 of the Vail Town Code to add a new Chapter 26,
Transportation Impact Fee, and setting forth details in regard thereto. (PEC17-
0008)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Chris Neubecker
I. SUMMARY
The applicant, the Town of Vail, represented by Tom Kassmel, Town Engineer, is
requesting a recommendation to the Vail Town Council for a prescribed regulations
amendment pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend Title 12
of the Vail Town Code to add a new Chapter 26, Transportation Impact Fee, and setting
forth details in regard thereto.
Based upon staff's review of the criteria outlined in Section V of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission (PEC) forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulations amendment.
II. DESCRIPTION OF REQUEST
The Vail Transportation Impact Fee is intended to ensure that applicants for new
developments pay for the transportation related impacts caused by the development. In
order to codify this fee, the Town Council has requested the adoption of a new chapter
within Title 12 of the Vail Town Code.
The Town of Vail has hired the consulting firm TischlerBise to develop an updated
Transportation Impact Fee by providing a nexus study to show the connection between
new development and the need for new transportation projects (Attachment A). The
proposed regulation amendment is intended to codify the traffic mitigation fee, help fund
June 20, 2017 - Page 131 of 50:
future transportation related projects as identified in the Vail Transportation Master Plan,
and allow new development to "pay its way".
The 2009 Vail Transportation Master Plan Update recommends completion of a nexus
study in order to determine the impacts of development on the Town's transportation
infrastructure and recommends codifying the impact fee, including adjusting the fee
based on the new transportation needs and cost information. Specifically, the Plan
Update states:
Complete the Nexus study in 2009 for a traffic impact fee to codify the current
practice and adjust the fee if desired based on the new transportation need and cost
information
Over the past year there have been multiple discussions with the Town Council
regarding the codification of a Transportation Impact Fee; the Town Council has
directed staff to move forward with the codification process based on the most recent
nexus study developed by TischlerBise.
The Planning and Environmental Commission's role in the review of the Code language
is to make a recommendation on the language that should be incorporated into the
Town Code to allow for an implementable Transportation Impact Fee. The PEC may
also make a recommendation of an alternate policy for financing the required
transportation improvements, but the final determination will be made by Town Council.
III. BACKGROUND
A Transportation Impact Fee is a development fee assessed to offset costs that a
jurisdiction will incur to improve transportation infrastructure as a result of increased
traffic from proposed new developments.
The Town of Vail has collected mitigating transportation fees for certain development
zone districts (including Public Accommodation, Public Accommodation -2, Lionshead
Mixed Use -1, and Lionshead Mixed Use -2) since 1999. The fee is not currently a
codified amount, but an additional fee agreed upon by the Town and the developer for
mitigation of vehicular trip impacts of a proposed development project. In 1999, the fee
was set by Town Council to be $5,000 per net new PM peak hour vehicular trip added
to Vail's road network. The fee was based on the improvements anticipated by: the Vail
Transportation Master Plan; the total anticipated additional vehicular trips at that time;
and the probable funding sources including Town of Vail capital funds, CDOT partnering
funds, and development impact fees. In 2006, the fee was increased to $6,500 as a
direct result of inflation in construction costs, and the fee has not increased since.
In 2009 the Town adopted an updated Vail Transportation Master Plan, which included
a more detailed and updated estimate of future projected transportation projects and
costs. At the same time the Town engaged TischlerBise to develop a nexus study for
traffic impact fees that was anticipated to be used to codify a traffic impact fee. The
nexus study was completed in 2009, but the Transportation Impact Fee was not
Town of Vail Page 2
June 20, 2017 - Page 132 of 50:
adopted or codified by the Town Council. The Town Council at the time did not deem it
appropriate to burden developers with additional fees during an economic downturn.
The nexus study proposed to codify a Transportation Impact Fee based on proposed
square footage and net unit increases of all development, not limiting it only to certain
zone districts. This would include residential projects, and is typical of nationwide traffic
impact fees. The 2009 nexus study identified $134 Million of potential transportation
related projects (Traffic, Transit, and Parking), of which $22 Million was identified to be
funded from the proposed traffic impact fee.
Since the 2009 impact fee was not codified, the Town has continued to rely on
development agreements and has not increased the mitigation fee of $6,500 per net
new PM vehicular trip generated. The last large development impact fees agreed upon
were for The Lion (Lionshead Inn) and the Marriott Residence Inn (The Roost)
developments in 2010, and most recently, the Vail Valley Medical Center (VVMC) in
2015. Each used the 2006 fee of $6,500 per net new PM peak hour vehicular trip. The
VVMC has agreed to pay any new Transportation Impact Fee adopted prior to the start
of construction of the East Phase of the VVMC development, if adopted by the Town
Council and uniformly applied town wide.
With the resurgence in redevelopment, and the Town's outdated mitigation fee, Council
has requested that the Town evaluate adopting an updated Transportation Impact Fee.
This past March TischlerBise updated the Transportation Impact Fee Study and
presented it to Council. The Town Council then requested formal codification of the
Transportation Impact Fee, based on the nexus study and presentations.
IV. APPLICABLE PLANNING DOCUMENTS
Title 12 — Zoning Regulations, Vail Town Code
Section 3-7 Amendment (in part)
A. Prescription: The regulations prescribed in this title and the boundaries of the
zone districts shown on the official zoning map may be amended, or repealed by
the town council in accordance with the procedures prescribed in this chapter.
8. Initiation:
1. An amendment of the regulations of this title or a change in zone district
boundaries may be initiated by the town council on its own motion, by the
planning and environmental commission on its own motion, by petition of any
resident or property owner in the town, or by the administrator.
2. A petition for amendment of the regulations or a change in zone district
boundaries shall be filed on a form to be prescribed by the administrator. The
petition shall include a summary of the proposed revision of the regulations, or a
complete description of proposed changes in zone district boundaries and a map
indicating the existing and proposed zone district boundaries. If the petition is for
a change in zone district boundaries, the petition shall include a list of the owners
of all properties within the boundaries of the area to be rezoned or changed, and
Town of Vail Page 3
June 20, 2017 - Page 133 of 50:
the property adjacent thereto. The owners' list shall include the names of all
owners, their mailing and street addresses, and the legal description of the
property owned by each. Accompanying the list shall be stamped, addressed
envelopes to each owner to be used for the mailing of the notice of hearing. The
petition also shall include such additional information as prescribed by the
administrator.
V. CRITERIA FOR REVIEW
Section 12-3-7 C2 of the Zoning Regulations identifies the factors that the Planning and
Environmental Commission must consider before making a recommendation for a
change to the text of the code. These factors include the following:
2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application for an amendment to the
regulations prescribed in this title, the planning and environmental commission
and town council shall consider the following factors with respect to the
requested text amendment:
(1) The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The general purposes of the Zoning Regulations are to promote the health, safety,
morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality. The proposed Transportation Impact Fee will be used to advance the
harmonious development of the town through transportation infrastructure projects that
improve safety and facilitate movement of vehicles and pedestrians throughout the
town, and help to ensure that the established character of the town remains that of a
resort and residential community of high quality.
Some of the specific purposes of the Zoning Regulations are to "provide for adequate
light, air, sanitation, drainage, and public facilities" and to "promote safe and efficient
pedestrian and vehicular traffic circulation and to lessen congestion in the streets." The
transportation projects financed with this impact fee will help advance each of these
purposes.
(2) The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
The Vail Comprehensive Plan is a series of master plans and documents, including the
2009 Vail Transportation Master Plan Update. The Master Plan Update specifically
mentions the updating of this impact fee as one of the next steps in the Plan: "Complete
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the Nexus study in 2009 for a traffic impact fee to codify the current practice and adjust
the fee if desired based on the new transportation need and cost information." The
proposed text amendment would better implement and better achieve the applicable
elements of the adopted goals, objectives, and policies outlined in the Vail
comprehensive plan by ensuring fairness and consistency in the development review
process. Codifying the impact fee will also ensure that the Town's regulatory and land
use documents are updated and current, and provide ease of compliance and
enforcement.
(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; and
This is not a new impact fee, but it is a codification and update to an existing fee. Since
the adoption of the original fee, the Town completed a nexus study to show the
relationship between development projects and the need for new transportation
projects. The study identifies an update to the fee as the appropriate manner to finance
the costs of new transportation infrastructure projects. The existing regulation is no
longer appropriate because of the cost of constructing new transportation infrastructure
projects, and because the nexus study has provided an update to the impacts
generated by new development.
(4) The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
The text amendment provides a harmonious, convenient and workable relationship
among land uses by requiring the costs of new transportation projects to be paid by the
new development that is causing the need for these projects. This is consistent with
municipal development objectives by having new development pay for its fair share for
the impacts it causes.
(5) Such other factors and criteria the planning and environmental commission
and/or council deem applicable to the proposed text amendment.
b. Necessary Findings: Before recommending and/or granting an approval of an
application for a text amendment the planning and environmental commission
and the town council shall make the following findings with respect to the
requested amendment:
(1) That the amendment is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail comprehensive plan and is
compatible with the development objectives of the town; and
(2) That the amendment furthers the general and specific purposes of the zoning
regulations; and
Town of Vail Page 5
June 20, 2017 - Page 135 of 50;
(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. VAIL CAPITAL PROJECTS
As a part of the 2009 Vail Transportation Master Plan and the 2009 Traffic Impact Fee
Nexus Study, the Town identified a list of anticipated transportation capital projects that
would accommodate projected growth. The project list and projected development
growth has been recently updated, and now includes pedestrian and transit oriented
projects. The preliminary total 2016 estimated cost of these multimodal projects is
approximately $95M over the next 25 years. The cost of these improvements
(Attachment C) is anticipated to be partially paid through the impact fee from the
development of approximately 2,000 new residential units and approximately 500,000
square feet of new commercial development that is projected for the future of Vail. The
project list has broken down the associated fiscal responsibilities, and split them
between project specific costs, Transportation Impact Fee costs, and Town of Vail costs
or other revenue sources.
In order to implement a Transportation Impact Fee, the anticipated transportation
projects have been split into two categories, Project level and System level
improvements. Project level improvements are directly related to an individual
development and its required access. These types of Project level improvements are
generally paid for by the individual developer. System level improvements enhance the
carrying capacity of the transportation network system -wide and benefit multiple
developments. System level improvements directly benefit new development and may
also benefit existing users. The Vail Transportation Master Plan Project List includes
both Project level and System level improvements. Of the total $95M of total project
costs, approximately $20M is considered Project level, and approximately $75M is
considered System level.
The majority, 72%, or $54M, of the $75M of total System Level project costs will need to
be funded by the Town of Vail or other revenue resources; while 28%, or $21 M, should
be funded by the Transportation Impact Fee. The anticipated Project Level costs would
be paid 100% by the specific project developments, approximately $20M.
VII. DRAFT TRANSPORTATION IMPACT FEE STUDY
TischlerBise has provided an updated nexus study, The Vail Transportation Impact Fee
Study (March 10, 2017), and draft fee schedule for the Town's review. The draft fee
schedule is based on anticipated future development, the current estimated cost of the
capital projects to accommodate future development, and the appropriate proportioned
fiscal responsibility. Since completion of the nexus study, it has been discussed that
removing the square footage relationship within the detached unit, single family homes,
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June 20, 2017 - Page 136 of 50:
would be beneficial to the implementation of the fee. The proposed revised draft fee
schedule is below.
Transportation Impact Fee Schedule
Maximum Supportable Transportation Impact Fees
Residential Dwellings (per Unit)
Dwelling, Two Family or Multiple Family (In the Core Area) $ 5,960.00
Dwelling, Two Family or Multiple Family (Outside the Core Area) $ 7,450.00
Dwelling, Single Family $ 9,686.00
Employee Housing Unit $0
Accommodation Unit (per Unit)
Accommodation Unit (In Core Area) $ 5,960.00
Accommodation Unit (Outside Core Area) $ 7,450.00
Commercial (per square foot of floor area)
Restaurant & Retail Establishments $ 13.90
Facilities Health Care $ 9.93
Office & Other Services $ 6.20
Core Area is defined as per Figure 1 in the Vail Transportation Impact Fee Study
(Attachment D)
The categories within the Transportation Impact Fee Schedule are further defined below
and within Title 12-2-2. Any uses or development types not specifically defined below
or within Title 12-2-2 shall be interpreted by the Administrator in accordance with the
Vail Transportation Impact Fee Study.
Dwelling, Two Family or Multiple Family includes;
Dwelling, Two Family
Dwelling, Multiple Family
Fractional Fee Club Unit
Accommodation Unit includes;
Accommodation Unit
Accommodation Unit, Attached
Lodge Dwelling Unit
Lodge Unit, Limited Service
Timeshare Unit
Restaurant and Retail includes;
Eating and drinking establishments
Retail stores and establishments
Theaters
Office & Other Services includes;
Professional offices, business offices and studios
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Banks and financial institutions
Personal services and repair shops
Child Daycare Center
Health Clubs / Spa
Commercial Ski Storage/Ski Club
Religious Institutions
For comparison, the following cities and counties have adopted impact fees shown
within the table below. The closest relating community to Vail is Pitkin County which
last had its Road Impact Fee updated in 2013.
Transportation Impact Fee Comparison
Per Housing Unit
Single Family Multifamily
Per 1,000 Sq Ft
Retail Office
National Average (1)
$3,228
$2,202
$5,685
$3,430
Durango (1)
Ft. Collins 2016 Draft (2)
Vail current*
Incorporated Areas in Colorado
$2,169
$1,298
$3,810
$2,823
$6,217
$4,095
$8,113
$5,977
$0 $2,366 $10,569 $9,685
Proposed in Core Area of Vail (2)
Proposed Outside Core Area (2)
not applicable
$9,686
$5,960
$7,450
$13,900
$13,900
$6,200
$6,200
Counties in Colorado
Eagle Co. (1)
Jefferson Co. (1)
Larimer Co. (2)
Pitkin Co. (2)
Weld Co. (2)
$4,378
$3,034
$9,026
$5,164
$3,276
$2,725
$7,120
$4,790
$3,418
$8,812
$4,726
$9,339
$5,115
$10,910
$5,130
$2,377
$3,296
$2,174
Sources: (1) National Impact Fee Survey by Duncan Associations (2012). Single Family
assumes 2,000 square feet. Nonresidential fees per thousand square feet assume a
building with 100,000 square feet of floor area.
(2) TischlerBise. Single Family in Vail and Pitkin County assumes 4,000 square feet.
* Current fees in Vail are based on the net increase in PM Peak Hour vehicle trip ends
generated by the entire development, with mitigation limited to certain areas and
If the proposed Vail Transportation Impact Fee is adopted, the following is a projection
of the amount of funding that would be generated by each development type:
Town of Vail Page 8
June 20, 2017 - Page 138 of 50:
Development
Type
Additional
Development
Units
Fee per
Development
Unit
$5,960
$7,450
$5,960
$7,450
$9,686
$5,960
$7,450
$13,900
$9,930
$6,200
Projected
Revenue
$4,202,000
$4,127,000
$244,000
$2,310,000
$1,162,000
$1,609,000
$760,000
$4,448,000
$1,390,000
$546,000
Percent of
Impact
Fees
20%
20%
1%
11%
6%
8%
4%
21%
7%
3%
Attached Housing Units in Core Area
705
Attached Housing Units Outside Core
554
Employee Housing Units in Core Area
41
Employee Housing Units Outside Core
310
Detached Housing Units
120
Hotel Rooms in Core Area
270
Hotel Rooms Outside Core
102
Commercial KSF
320
Hospital KSF
140
Office & Other Services KSF
88
Total => $20,798,000
VIII. DISCUSSION ITEMS
100%
Based on discussions at the previous Planning and Environmental Commission
meeting, staff provides the following additional information.
Sales Tax Equivalent
The PEC requested staff to provide the equivalent sales tax increase that would
generate the necessary funding in lieu of the Transportation Impact Fee. Based on
2016 sales tax collection, it would take an additional 0.13% of sales tax to equate to
-$21 Million over the next 25 years. This does not take into account the growth of a
sales tax base over the next 25 years, nor does it take into account the escalation of
the cost of construction and the relating increases in the Transportation Impact Fee.
Speculating each of these would not be prudent at this time; we assume at this point
that each of the escalations may cancel each other out over time.
Any sales tax increase would require a vote of the community. At this time the Town
Council has directed Town Staff to implement a Transportation Impact Fee and not an
increase in sales tax.
Fee based on Parking Space Requirements
Staff has consulted with TischlerBise on how parking relates to development within the
Vail Town Code. Both staff and TischlerBise recommend against relating the fee to
parking for the following reasons:
• Parking requirement for communities reflect not only anticipated parking
demand, but also incentives to encourage certain types of development or land
uses. For example, in parts of Vail Village and Lionshead, there is no parking
requirement for commercial uses. Not all land uses have a parking requirement.
• Parking requirements are based on the minimum number of parking spaces.
Some developments will include more parking than is required by code.
Town of Vail Page 9
June 20, 2017 - Page 139 of 50;
• A larger burden might be put on single family dwellings as their number of
parking spaces would range from 2 to 5, whereas multiple unit developments
and hotels range from 0.4 to 2.5 spaces per unit.
IX. RECOMMENDED IMPLEMENTATION OF PLAN
Staff has had multiple discussions with Town Council with regards to the Vail
Transportation Impact Fee Study and recommends the following implementation for the
administration of this fee. These recommendations have been incorporated within the
Code amendments attached:
• Modify the Transportation Impact Fee Rate Schedule, as shown above, to
exclude the incremental detached single family square footage rate, and replace
with a single fee rate for all new homes based on number of units. Therefore,
the impact fee would apply only to new construction on vacant residential lots or
on lots that demolish a single family home and build back with a duplex (or
otherwise increase the number of units on a property). The fee would be $9,686
per new detached housing unit.
• Upon codification of the fee, Town staff will administer the fee in accordance
with the terms and conditions as provided for in the amended Town Code, 12-
26.
• The fee shall apply to all development and redevelopment except Employee
Housing Units (EHUs).
• The fee rate schedule will be adopted by Resolution and will be updated on a
yearly basis as needed, based on updated costs estimates of the identified
capital projects.
• Project level improvements shall not be eligible for credits towards the impact
fee, however if a developer constructs a system improvement on the capital
improvement list, a credit and/or reimbursement may be provided to the
developer for the amount of construction, up to the amount shown within the
capital improvement project list.
X. VAIL FEE ANALYSIS
In order to better understand the true cost of development within Vail, and identify all of
the fees and other costs the Town requires, staff has completed an analysis of a
variety of project types. The analysis shows that, in general, the town imposes fees
and other taxes that equate to approximately 3% of the value of the total construction
valuation of a project. One exception shown is for the Solaris project, which paid
approximately 7% of the total project valuation; the large discrepancy for this particular
project is generated by the large Housing Fee -In -Lieu payment. The Transportation
Impact Fee will generally increase the cost of development by 0% to 0.9%.
Town of Vail Page 10
June 20, 2017 - Page 140 of 50;
XI. STAFF RECOMMENDATION
Based upon the analysis of the review criteria contained in Section V of this
memorandum and on the evidence and testimony presented, the Community
Development Department recommends that the Planning and Environmental
Commission make a recommendation to the Town Council to approve the proposed
prescribed regulations amendment to Title 12, Chapter 26, Transportation Impact
Fees, of the Town Code.
If the Planning and Environmental Commission chooses to recommend approval of
the proposed prescribed regulations amendments, the Community Development
Department recommends the following motion:
"The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for a prescribed regulations amendment to the
Vail Town Code, Title 12, by the adoption of a new Chapter 26, Transportation
Impact Fees."
Before recommending approval of an application for a text amendment, the Planning
and Environmental Commission shall make the following findings with respect to the
requested amendment:
(1) That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail comprehensive plan
and is compatible with the development objectives of the town; and
(2) That the amendment furthers the general and specific purposes of the zoning
regulations; and
(3) That the amendment promotes the health, safety, morals, and general welfare
of the town and promotes the coordinated and harmonious development of the
town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality.
VI. ATTACHMENTS
Attachment A - Vail Transportation Impact Fee Study, March 10, 2017
Attachment B - Draft Ordinance
Attachment C - Development Fee Analysis
Attachment D — Core Area Map
Town of Vail Page 11
June 20, 2017 - Page 141 of 50;
Tom Kassmel
From: Dominic Mauriello <dominic@mpgvail.com>
Sent: Wednesday, March 15, 2017 11:41 AM
To: Tom Kassmel
Cc: Matt Mire; George Ruther; Allison Kent; Greg Hall
Subject: Traffic Impact fees
Hi Tom:
I will not be able to attend your open house on traffic impact fees today. I have a cold I am dealing with and
don't want to infect the world.
Here are some questions and comments that I think the Town should consider when deciding to adopt a new fee
targeted to the last 5% of growth in Vail.
• Consider charging for parking in the summer and use the funds generated for these roadway
improvements. There is a nexus in that those parking in Vail are impacting the entire roadway
network. This would avoid imposing an additional fee on development that Vail needs and wants.
• There is a disconnect between the adoption of a traffic impact fee and the Town's other stated goals and
incentives built into the Zoning Regulations. The Town wants additional employee housing and has an
aggressive requirement already placed on development. Adding an impact fee on employee housing
only exacerbates the problem and the ability to bring forward employee housing. The Town has
incentivized the development of employee housing by not counting the GRFA and Density for this use
in most zone districts. Employee housing units, in all of its forms, should be exempt from the impact
fee.
• On this same disconnect, the Town has incentivized the development of hotel rooms/accommodation
units by not counting hotel rooms against density. Additionally, every adopted master planning
document discusses the importance of hotel rooms to the Town's vitality and especially the generation
of revenues. Every hotel room created generates significant ongoing revenues to the Town, beyond that
of just about any other use, including dwelling units. However, the proposed impact fees are the
same as applied to a dwelling unit. This is a disincentive to creating hotel rooms within the
Town. Another element that is also missing is the amount of hotel traffic that relies on the Town's bus
system, hotel shuttles, and CME shuttles. It appears from the numbers that there is not enough credit
being given to the reduction in traffic within hotel facilities versus dwelling units. Hotel
rooms/accommodation units should be exempted from the Impact Fee.
• The Town has struggled for years with the loss of office space throughout the Town. Charging an
impact fee on office or other commercial spaces, will further exacerbate this issue. It already does not
make any financial sense to develop office space in the Town. This impact fee will had to that equation
in a very negative way. Office space should also be exempt from the fee.
I believe there is a fundamental problem with adopting a traffic impact fee at this point in Vail's history. The
fee makes it more difficult to attract and construct the kind of development projects the Town desires. The
redevelopment of Lionshead is a great example of creating incentives to produce the type of development that
will spin off huge revenues to the Town, way more revenues over the long haul than these upfront impact fees
generate.
1
June 20, 2017 - Page 142 of 50;
Does the Town have the right and the basis for adopting an impact fee? Of course it does. Is it the right thing
to do or in the best interest of the Town's long term revenue goals? Absolutely not.
If the Town is short on cash related to road projects, think about: charging for summer parking; going to the
voters to change how RETT funds can be used; and adopt a new property or sales tax dedicated road
improvements.
Thank you for the opportunity to offer my thoughts.
Dominic F. Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 4777
2205 Eagle Ranch Road
Eagle, Colorado 81631
970-376-3318 cell
www.mpgvail.com
2
June 20, 2017 - Page 143 of 50;
Tom Kassmel
From: Tom Ruemmler <TRuemmler@hotmail.com>
Sent: Wednesday, May 24, 2017 5:45 PM
To: Tom Kassmel
Subject: Re: Transportation Impact Fee Update
I want to make sure you have my comments on "impact" fees or any other fees on new construction
accurately provided to the Town Council.
Impact fees are spreading across American like a wildfire. They will destroy American because they make
housing more non -affordable for all.
Builders will add a significant profit on top of the fee because these fees are expenses out of their pockets
before they start construction and because of time cost of money.
When new home prices rise 98 existing home values also rise.
To collect significant revenue from roughly less than 1% of the population, the fee has to be very large.
By over taxing new construction, (the new construction purchaser) 98 owners of existing homes get a tax free
income equal to about 130% of the fee charged. This is because existing home owners can borrow against the
increase value of their home that results from all new costs added to new construction.
A better alternative is to spread taxes of more people. This will make the tax per person significantly smaller
(over 100 times less per person) and thus the tax is palatable.
There is only a traffic problem in Vail when lots of tourists are in town. Shouldn't tourist be the ones that
should pay for the infrastructure?
Vail has a affordable housing problem. Why make matters worst by placing more costs on new
construction.
Eliminating all fee that have been placed on new construction should be a major focus of all Town Councils.
I have personally witnessed a city of 200,000 go into bankruptcy as a result of fees placed on new
construction.
Employers have to pay significantly higher wages if the costs of housing is high.
I problem the Vail Valley has is low wages. A Aspen ski instructor makes over twice a Vail instructors rate of
pay.
Existing home owners believe they benefit from the increase values of their homes that result from fees on
new construction. The benefit they receive quickly evaporates when they need to loan each of their children
between $100,000 to $200,000 so they can qualify to purchase their first home.
1
June 20, 2017 - Page 144 of 50:
Staff has been briefed on the unforeseen consequences of fees on new construction. I can't believe staff
would consider approaching the Town Council with any proposal to fund anything, including infrastructure,
which is mainly needed for peak tourist load, with fees on new construction.
During meetings held by Vail Valley Partners each contractor or developer that spoke on the panels explained
the number one problem is fees on new construction.
Impact fees on new construction was one of the major route causes of the Housing and Financial crisis.
Tom Ruemmler
719 293-0655
From: Tom Kassmel <TKassmel@vailgov.com>
Sent: Wednesday, May 24, 2017 12:25 PM
To: Tom Kassmel
Subject: Transportation Impact Fee Update
All
The Transportation Impact Fee Study and Ordinance will be presented to the Town Council on June 6th (First
reading).
Since Council's last review of the Study and the March public meeting some minor changes will be
recommended to the Fee Schedule.
Attached is the updated Transportation Impact Fee Study for convenience, with the fee schedule shown on page
15.
Also, comments received to date will be submitted to the Town Council for review along with a staff memo.
The comments and staff memo will be available on-line on the Town Council Meeting Agenda page by June
2nd
http://www.vailgov. com/government/town-council/council-agendas-meeting-materials/online-agendas
Town of Vail > GOVERNMENT > TOWN COUNCIL > Council Agendas ...
www.vailgov.com
TOWN COUNCIL. Council Members; Council Agendas & Meeting Materials; Council Minutes; Council
Highlights; Council Meetings Online; Community Participation
2
June 20, 2017 - Page 145 of 50:
If you would like to be removed from this email list please reply to this email.
Thank you.
Tom Kassmel
Town Engineer
Public Works Department
TOWN Of VAIL
970.479.2235
vailgov.com
twitter.com/vailgov
3
June 20, 2017 - Page 146 of 50:
Why is the U.S. in this economic crisis?
A major ROOT cause of this declining economy is over -taxation and over regulation of new
construction by government which escalated home prices to unaffordable levels. Below is a
detailed explanation of the unforeseen detrimental ramifications of huge fees & regulations on new
construction, what happened to the economy and logical low cost solutions which could greatly
accelerate economic recovery in the U.S.
AN EXAMPLE OF OVER TAXATION & REGULATION FOR STOCKTON, CALIFORNIA
Stockton is one of California's "affordable housing cities" and the epicenter of the housing crisis.
Stockton's building permit fees increased about 300% between 2002 and 2010 and totaled about $65,000
in 2010 for a 2000 sq. ft. home. There is another $60,000 of additional costs associated with well-
intentioned, but not thought -through regulatory requirements. Governmental induced costs exacerbated
inflation. In 2002, a new 2000 sq. ft. home in Stockton cost $255,000; in 2006 it cost $440,000 (of which
approximately $140,000 is from over -the -top regulatory fees). Fees and regulations resulted in
housing becoming unaffordable under the "old sound" borrowing requirements. Unfortunately
government and private lenders responded to the unaffordability of homes by lowering borrowing
requirements so people could buy homes to fulfill "the American Dream". Lower borrowing
requirements resulted in many bad loans.
LENDING BLUNDER
Soaring new home prices drove up existing home values by approximately $140,000. All housing
became less affordable, especially to first time home buyers. Because federal government encourages the
American dream of home ownership, borrowing requirements were reduced. There is a belief that better
communities are achieved with pride of ownership. This results in reduced expense for police services.
Borrowing standards were greatly reduced and home ownership increased from 67% to 69%; yes, only a
difference of 2%! Subprime loans, which were in existence for many years, started being used more
frequently. Borrowing qualifications and requirements on subprime loans were substantially reduced. In
order to get under qualified clients to qualify, some loan officers committed fraud and then collected their
commissions.
CALIFORNIA LEAD THE U.S. INTO THE NATIONAL FINANCIAL CRISIS
25% of all bad home loans are from California. The bad loans were bundled with other loans to form
loan packages sold by Wall Street. Some loans in the packages went bad. Bad loan packages resulted in
the potential collapse of financial institutions and AIG who insured the packages!
GOVERNMENT TREATED THE SYMPTOMS AND NOT THE CAUSE
The U.S. Government attempted to stop a financial collapse by bailing out AIG, Fannie Mae, Freddie
Mac and banks. Government tried to stimulate the housing economy with the $8,000 home purchase tax
credit. The government bailouts benefit a few people, but they are costly for all taxpayers and merely
treat the symptoms and did not fix the ROOT cause of the financial and housing crisis.
Local and state government's over taxation and regulation resulted in 35% of the cost of a new home's
construction. This is what made housing unaffordable in the first place. Passing federal legislation to
limit fees and regulations to no more than 3% of the costs of a new home would eliminate the
ROOT cause. This legislation will not add to federal costs, is easy to enact and administer - and benefits
society and all states equally.
June 20, 2017 - Page 147 of 50;
When new homes become affordable, jobs will be created resulting in stimulating the economy.
Affordable housing will result in a sustainable housing economy and lead the U.S. out of the financial
crisis. Warren Buffet stated the economy will improve when residential construction improves!
Both political parties should be able to wrap their arms around legislation that limits fees and regulation
to 3% of the cost of a new home. This legislation will stimulate jobs. The proposed federal legislation
will force state and local governments to use tax dollars more effectively. It will force them to find
alternative revenue sources that spread taxes more evenly across society. Spreading taxes evenly results
in a larger number of people paying taxes and lowers taxes for each individual. Lower taxes are more
palatable. Hopefully politicians that do not back this logical solution for the housing and financial crisis
will be voted out of office.
Details of the solution are explained below.
SOLUTIONS ARE EASILY IDENTIFIED IF YOU SOLVE THE PROBLEM BACKWARDS
WHAT CAN THE AVERAGE PERSON COMFORTABLY AFFORD TO BUY?
In order to have a sustainable economy, an average household income must be able to comfortably afford
a house using the old lending standards and a 7.5% interest rate. The mean household income in
Stockton California is about $52,000. This income allows them to comfortably own a $150,000 home
with 20% down. They would have a $120,000 fixed rate loan and would be paying 24% of their income
for their principle, interest, taxes and insurance — their PITI payment.
WHAT A NEW HOME NEEDS TO SELL FOR: LESS THAN $176,000
A new home can sell for $176,000 if it can demand a 15% premium over an existing home.
A contractor can NOT build a $176,000 home if it costs $50,000 to $140,000 for permits and
regulations. In other states, fees and regulations are under $4,000 and contactors can and do build the
average house for under $176,000 Fees in California need to be under $4,000 to compete with other
states and to achieve a sustainable economy. Lodi and Lathrop fees are significantly less than
Stockton fees.
THE RESULTS OF OVER TAXATION AND REGULATION INCLUDE THE FOLLOWING:
"LEVERAGE EFFECT" THE HUGE UNFORSEEN DETRIMENTAL EFFECT
Governmental officials did not foresee the leverage effect of placing $125,000 of fees and regulations on
new homes. A 15% profit on the additional $125,000 of costs, increased new home prices by $144,000.
There are at least 90 existing homes for every new home built. For every 1,000 homes built, there are
90,000 existing homes. These existing homes increased about 13 billion dollars in value. Many existing
homeowners used their homes like piggy banks by tapping into the increase home value. In addition,
many people used subprime loans to refinance. Records reveal the majority of subprime loans were
refinances. Many borrowers defaulted and walked from their loans after they "sold" their house to the
lending institution. Foreclosures devastated the value of neighboring homes. Over 13 billion dollars of
additional buying power (demand) was created in Stockton and resulted in the unintended consequence
of inflation, escalating housing prices even higher during boom times. Stockton has over 99,000 homes!
TAXES AND FEES ARE PALATBLE IF SPREAD ACROSS SOCIETY
If there are approximately 96 existing homes for every new home built (a 1.3% expansion rate). A better
approach would be taxing all homeowners $688. This would collect the same amount of dollars as taxing
the new home buyer $66,000 in fees. Since many of the regulations do more harm than good, the
June 20, 2017 - Page 148 of 50;
government would only need to collect about $300 in additional taxes on all houses (existing and new) to
cover worthwhile expenses. Three hundred dollars is palatable; $66,000 is not. Sixty six Thousand
dollars ($66,000) greatly alters the free market system that the United States economy is based upon.
History has shown that government decisions can greatly affect a free market economy.
WHY WERE FEES PLACED ON CONSTRUCTION IN CALIFORNIA?
Fees escalated under the incorrect assumption that California's Prop 13 (which limited property tax
increases to 2% per year) reduced government's income. Government used Nexus reports to justify fees
on new construction. The 2010-2011 Stockton Nexus report, states "Since the passage of Proposition 13,
property tax revenues have been insufficient for capital funding..." "...Given these funding difficulties,
the City requires new development to pay fees to fund the facilities necessary to accommodate growth."
ANALYSIS REVEAL PROP 13 WAS NOT THE PROBLEM
If the property taxes collected in San Diego County in 2010 are divided by the property taxes collected in
1977 (the year before Prop 13), it is discovered that $7.20 is collected now for every dollar collected
back in 1977. Adjusting the dollar by 85% population growth and by 260% inflation reveals that we
should be only collecting $4.80. Instead we are collecting $7.20 — this is 1.5 times what we need to
collect. The foregoing figures should be further adjusted because worker productivity increases should
result in fewer tax dollars needed. A mere 1% productivity increase per year reveals that we only need to
collect $3.60. However, government is collecting $7.20 in property taxes, plus government is
collecting exorbitant impact fees. California ranks 14 in the nation for property taxes! California has
one of the highest sales and income taxes, plus it collects impact fees on new construction!
WHERE DID THE MONEY GO?
In the 1970's, governmental employees wages were lower than the private sector but they had good
guaranteed retirement and benefit programs. Currently I would highly recommend employment in the
governmental sector (especially the local government sector) because of the generous wage and benefit
packages as opposed to the private sector. Is the Stockton following in Greece's foot steps?
REGULATIONS — WELL INTENTIONED BUT NOT THOUGHT THROUGH
An example of "focused thinking" and not considering the unforeseen consequences of regulations is
reflected in the attached pictures of a rainwater treatment tank that is installed in a subdivision of 303
homes on 77 acres in Stockton, California. The cost of this tank was about 2 million dollars. The
rainwater treatment tank which is made from lots of steel and concrete is about 400 feet long, 16 feet
wide, 8 feet tall and is buried about 20 feet underground.
The tank caused more environmental harm than good. Rainwater tanks have the potential to be huge
methane bombs as organic materials, such as leaves, decay. Other flammables such as solvents, diesel
fuel, oil and leaks from natural gas lines, can accumulate in the tank. The tanks are breeding ponds for
the mosquitoes carrying the West Nile Virus. Other significant negative environmental effects of these
tanks include the air pollution created; from hydrocarbons burned to dig the hole, install the tank, fuel
burnt when the sediment that collects in the tank is hauled off and from the methane gas produced by
decaying matter in the tank. Air pollution is also created from the production of the steel, concrete, and
materials used for tank construction and transportation of those materials to the job site. Other
detrimental effects include $50,000 in extra annual taxes collected from the 303 homeowners to maintain
the tank. Additional taxes need to be collected to poison the water for mosquito prevention.
After 6 years the tank trapped four dump truck loads of sediment which was removed, dried and later
placed in a landfill. Over $300,000 in taxes was collected for 4 dump truck loads of dirt!
June 20, 2017 - Page 149 of 50;
If future development projects in the United States are required to have rain water treatment facilities.
Over the next 100 years, billions of dollars will be spent and less than 1/100 of a percent of the rainwater
runoff will be treated. The decontamination of the rainwater runoff will be negligible for the billions of
dollars that will be spent. There are less expensive alternatives which can help the environment.
The initial cost of the rain water tank, ongoing taxes and environmental harm is just one example of "not
thought through" government regulations that add to building costs. There are numerous other
regulations that are not needed and counterproductive. If drastic changes don't occur to eliminate
unnecessary regulations and dramatically reduce building permit fees and red tape, the future of the
American economy will be affected for many many years.
There are many more "not thought through" government initiated programs that are mainly paid for by
new construction. Examples are buying up developmental rights to leave land undeveloped and other
regulations to protect the environment. These programs benefit everyone, but instead of spreading the
cost over society and thus reducing the tax to a palatable figure, government placed the cost on one
entity, the new home buyer. The cost of a mitigation measure that benefits all is not a fee. It is a tax
because it benefits all. It is an illegally enacted tax. These taxes should not be added to new construction
because it makes housing more unaffordable and adds to the ROOT cause of the housing crisis.
Government seems oblivious or unsympathetic to the fact that these costs accumulate and eventually
overwhelm the new home buyer. Government did not understand that new construction pays its fair
share. There are sales taxes on materials. Construction wages paid result in sales taxes when their
families shop. A $300,000 home generates in excess of $13,000 in extra sales tax and another $330 from
a .11% transfer tax. Some cities impose transfer taxes that exceeded 1%. In perspective, the $13,000 in
extra taxes generated by a $300,000 home may be more than the state and federal taxes paid by
individuals who purchase the new homes.
TAXES ON PROPERTY ARE DETRIMENTAL
Sales taxes and income taxes have a direct relationship to a person's ability to pay. Taxing
property is a very poor choice because property taxes do not have a relationship to a person's
ability to pay and greatly distress and burden the young, old (retired) and average income earner.
Certain things are needed to survive on earth. Government made them more affordable to all, by not
taxing Food, Water or Air. Why did government choose to tax Shelter? This was a mistake!
Construction is a major economic engine, creating jobs and significantly decreases unemployment costs.
Government should stimulate, not overtax, this sector of the economy.
A conflict of interest exists for lobbyists, environmentalists, government employees and the elected
officials who voted to place huge costs on new construction. Community development departments
increased in size and their budgets swelled during flush times. Because more money was available for
government employee wages, benefits, and retirement programs, unions bargained for higher wages. An
even greater conflict of interest was their homes increasing $115,000 in value for every $100,000 of fees
and regulations. (The extra $15,000 represents the builder's profit on the $100,000 in extra costs).
Existing homeowners falsely believed they greatly benefited from the rising value of their home. Most
homeowners did not realize the rapid price increases were in a large part due to fees and regulations.
They borrowed against their increased equity and bought rental homes to get in on the rapid price
increases. This led to the frenzied spiral of over -inflated home prices. However, even without the
recession, the huge increase in equity in the existing homes evaporated when home owners had to lend
their children money so their children could qualify and buy the higher priced homes.
June 20, 2017 - Page 150 of 50;
SOLUTIONS
1. The key to a rejuvenated economy is addressing a major ROOT cause of the recession. One solution
could be utilizing interstate commerce laws and passing federal legislation limiting total building permit
fees and auxiliary costs to no more than 3 percent of construction costs. Passing such legislation will cost
the federal government little, unlike the other bailouts the federal government has already authorized,
such as the one time new homeowner's tax credit of $8,000 as previously discussed. That $8,000 tax
credit benefited a select few at the cost of everyone. Passing legislation, as suggested, would help more
people afford homes, be easier to administer, and greatly reduce the discrepancies in permit costs
between cities, counties and states.
2. Another part of the solution is to pass legislation requiring studies of the unintended consequences of
the mitigation measures recommended in the initial environmental impact reports, and that the proposed
mitigation measures be required to: A) be reasonable; B) be the most cost effective solutions C) access
their economic impact, D) have a positive economic impact E) be paid for by all (all who benefit).
Environmentalists do not want to do more harm to the environment and should not be opposed to the
legislation suggested.
Government use to pay for infrastructure while collecting a lower sales and income tax
More effective use of tax dollars is needed.
California already collects some of the highest income, sales and property taxes in the United States.
Additional taxes on new construction are not needed and should not be relied on because they have huge
detrimental leverage effect and other effects that are the ROOT cause of the economic crisis.
The majority of tax dollars is spent on education. Schools have a terrible business plan. The United
States spends more than other nations on education but we test near the bottom. Since 1971 educational
spending per student has doubled (after adjusting for inflation) yet test scores have remained the same.
We could easily cut education expenses in half and also raise test scores. I encourage you to go to
Khanacademy.org which is a free educational web site backed by the Melinda and Bill Gates foundation.
I suggest you and all parents view the 60 Minute episode on Khan academy
www.cbsnews.com/video/watch/?id=7401696n and the video at the Khanacademy.org web site that
describes why this education technique is successful. http://www.khanacademy.org/video/salman-khan-
talk-at-ted-2011--from-ted-com?playlist=Khan+Academy-Related+Talks+and+Interviews. Another
interesting TED TALK video by Professor Robinson about education is
http://www.ted.com/talks/ken_robinson says schools kill creativity.html
Los Altos School District has had great success using Khanacademy.org.
If half of the dollars spent on education (or prisons) could be used for paying off the national debt and
doing comprehensive reevaluations of all existing governmental programs, we could get out of this
financial crisis.
These suggestions will increase governmental income as construction resumes. More sales tax would be
generated from building materials and from income taxes realized from jobs created. The governmental
expense of unemployment will be greatly reduced. The expense of specialized stimulus packages will be
eliminated.
The government has a relatively short window of time to rectify the problem of overtaxing one entity
(new homes). If legislation reduced the price of a new home built in 2010 from $350,000 to $225,000 by
reducing the taxes, fees and over regulations on construction, it would be seemingly unfair to those
June 20, 2017 - Page 151 of 50;
people who bought the $350,000 homes. However, the recession has already reduced the value of the
$350,000 houses purchased between 2005 and 2008 to $200,000 and thus it will not affect these people.
Construction is a major economic engine. We have all witnessed the negative result of pushing the cost
of housing beyond the grasp of the common citizen, the far-reaching effect on the entire economy and
especially on those communities that overtaxed new construction. Many communities that did not
overtax new construction did not have rapid inflation of home prices and thus home prices did not greatly
decrease in this recession. The new legislation ACT suggests will not alter these markets. Our legislators
must ACT now and if they don't, we must ACT now and vote them out of office.
A grass root organization called ACT (Alliance for Controlling Taxes) has been established by a group
of citizens to educate politicians and the general population concerning the unforeseen consequences of
putting fees and regulations on new construction. ACT intends to suggest solutions to stabilize and
stimulate our failing economy. ACT welcomes all who would like to actively research and advocate for
sound solutions, which may improve not only the local but the national economy. ACT will be funding
the publication of the foregoing educational information in major newspapers, explaining why the U.S.
is in the current recession and what citizens can do to counteract the continuing decline.
If you would like to join in this effort or to donate financially, contact ACT today. ACT
anticipates support from Businesses and people from all walks of life, since nearly everyone is affected
by this economic crisis. Your participation and or donation directly helps you. Also, people with a variety
of skills are being sought to help with website development, identifying creative means of informing the
public and access to public officials who have the ability to make the necessary changes.
Contact us at ACTforTaxChange @ gmail.com, or call 719 293-0655. Send donations to ACT, 2818
Golden Eagle Drive, Stockton, CA 95209
A Suggestion Made To ACT. ACT Welcomes Your Opinions & Suggestions
The mortgage crisis is created by what? People who cannot afford their mortgage payments. So we force
them out of their homes. Banks go under, property values of nearby homes plummet, jobs are lost, and
the American people get stuck with an $700 billion bailout.
Why not let these people stay in their homes, and let them continue making whatever payments they
were able to afford in the beginning? Yet, nobody should get a free lunch. The government (a.k.a. US
taxpayers) can pay the difference of the mortgage, and take partial equity on the value of the house. In
other words, if the Fed pays $1000 of the mortgage payment, the Fed gets $1000 of equity and collects
that equity when the home sells. The banks will not have bad loans. Banks will become liquid again
because there will be less defaults. The housing market becomes stable again because the glut of short
sales and foreclosures disappears. Our own property values will increase because there won't be "Short
Sale" and "Foreclosure" signs everywhere. When the houses are eventually sold, American taxpayers
reap the rewards of shared equity, leading to the possibility of reducing taxes in the future.
Sufficient laws must be in place preventing any bank or agency from making the kinds of loans that are
unsustainable — the kind that got us where we are today.
Tom Ruemmler
TRuemmler@hotmail.com
719 293-0655
June 20, 2017 - Page 152 of 50;
An expensive 400 foot long, 16 foot wide, 8 foot tall storm drainage tank. $50,000/year of taxes are
collected from 303 houses to maintain the tank. Inside the tank are 3 foot tall dams about every 20 feet.
The dams create many ponds. Fine dirt settles in the ponds. After many years, the sludge is removed,
trucked to a site and dried. It is then trucked to a landfill. Billions of dollars will be spent on rainwater
treatment, but very little water will be treated. Calculations reveal little if any improvement will be seen
in the streams. The well intended Clean Water Act's implementation was not thought -through.
Unintended consequences include air pollution and green houses gasses from the hydrocarbons burnt to
manufacture, install the tank and haul off the sludge. The tanks can become huge bombs as a result of
gases accumulating in the tank from the fermenting of organic matter such as leaves, or spillage of
flammables, or from leaks in natural gas lines. The tanks are breeding pools for mosquitoes that can carry
the West Nile Virus
June 20, 2017 - Page 153 of 50;
Tom Kassmel
From: Bob Essin <vailbob@comcast.net>
Sent: Monday, March 27, 2017 8:51 AM
To: Tom Kassmel
Cc: Suzanne Silverthorn; Greg Hall; Council Dist List
Subject: Re: "Vail Meeting to Focus on Transport Fee" March 15, 2017
March 27, 2017
Tom and Town Council,
Thank you for the information and follow up. I definitely agree that if an additional expense can be justified it
should be covered in the increase in sales tax or even property tax that the Town receives from all people,
property owners and visitors to TOV. The costs and delays in improving our properties is already significant
and once done, the increase in property valuation provides additional taxes. The idea of a transport fee is
bogus. How would we feel if the Federal Government decided it would increase I-70 traffic and pass a fee that
would have to be paid by the landowner when they decided to build? Where does it stop? Nice try to create
additional funds for all levels of government to collect additional funds without calling it a tax. Creative staff
some times needs to be told NO. At least if you think it is justified, call it what it is, an increase in taxes and
allow voters to vote on it. Town coffers may be down somewhat because of more expenses with items such as
the underpass, but it is undeniable that TOV has more than enough money coming in from sales taxes and
property taxes.
It's a beautiful day in Colorado,
Bob Essin
4264 Columbine Way #11
Vail, CO 81657
970-376-4484
Vailbob@comcast.net
Sent from my iPad
On Mar 22, 2017, at 08:37, Tom Kassmel <TKassmel@vailgov.com> wrote:
Bob
At the Vail Transportation Impact Fee meeting, staff received some comments regarding the proposed
fee. Generally the comments were that this was an additional burden and targeted fee on new
development, and that it is counter intuitive to some of the employee housing, Hotel, and commercial
development goals the Town generally embraces, and that we would be better off dispersing the cost
over a broader base with an increase in sales tax.
Attached is a copy of the latest Vail Transportation Impact Fee Study and proposal as well as a single
page fee table summary.
Our next steps will be to review the fee with PEC in April and then return to Council in May for final
review. We will provide all comments to Council for further discussion in May.
Tom Kassmel
Town Engineer
Public Works Department
1
June 20, 2017 - Page 154 of 50;
<image001.jpg>
970.479.2235
vailgov.com
twitter.com/vailgov
<image002.jpg>
From: Suzanne Silverthorn
Sent: Sunday, March 19, 2017 8:28 AM
To: Tom Kassmel; Greg Hall
Subject: Fwd: "Vail Meeting to Focus on Transport Fee" March 15, 2017
Do you have an update for Bob?
Suzanne Silverthorn, APR
Director of Communications
Town of Vail
970-479-2115
970-471-1361 (cell)
Begin forwarded message:
From: Bob Essin <vailbob@comcast.net>
Date: March 19, 2017 at 8:24:31 AM MDT
To: Kevin Foley <kfoley@vailgov.com>, <towncouncil@vailgov.com>
Cc: <vailbob@comcast.net>
Subject: "Vail Meeting to Focus on Transport Fee" March 15, 2017
I was unable to attend the meeting. What happened, is happening??
It's a beautiful day in Colorado,
Bob
Bob Essin
4264 Columbine Way # 11
Vail, CO 81657
970.376.4484
Vailbob@comcast.net
Sent from my iPad
Begin forwarded message:
From: Bob Essin <vailbob@comcast.net>
Date: March 15, 2017 at 07:40:26 MDT
To: KFoley@vailgov.com, towncouncil@vailgov.com,
editor@yaildaily.com
Subject: Re: "Vail Meeting to Focus on
Transport Fee" March 16, 2017
3/15 not 3/16
Bob
2
June 20, 2017 - Page 155 of 50;
Sent from my iPad
On Mar 15, 2017, at 07:19, Bob Essin <vailbob@comcast.net>
wrote:
"Vail Meeting to Focus on Transport Fee" is the
heading of an article in 3/15 Vail Daily about
today's meeting at City Hall. Transport Fee
migration from current traffic mitigation fee. 22%
of $95 Million. This sounds like a huge "tax" on
any new development and/or replacement of
existing residential and commercial square footage
in Vail purportedly because it might somehow
effect traffic. This is hardly a fee. This is a new tax
and should be the subject of vote of town citizens.
It's a beautiful day in Colorado,
Bob Essin
4264 Columbine Way #11
Vail, CO
Vailbob@comcast.net
970.376.4484
Sent from my iPad
<FeeScheduleBoard.pdf>
<2017-03-10 VailTransplmpactFeeDRAFT.pdf>
3
June 20, 2017 - Page 156 of 50;
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 8, Series 2017, First Reading, Ordinance making budget
adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax
Fund of the 2017 Budget for the Town of Vail, Colorado and authorizing the said adjustments as
set forth herein; and setting forth details in regard thereto
PRESENTER(S): Carlie Smith, Budget Analyst
ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No,
8, Series 2017
BACKGROUND: Please see attached memo
STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No, 2, Series
2017
ATTACHMENTS:
Description
Memo Ord. No. 8, 2nd Supplemental Budget Ordinance
June 20, 2017 - Page 157 of 50;
TOWN OF V/tIL.
Memorandum
TO: Vail Town Council
FROM: Finance Department
DATE: June 20, 2017
SUBJECT: 2017 Supplemental Appropriation
I. SUMMARY
On Tuesday evening you will be asked to approve Ordinance 8, the second budget
supplemental appropriation of 2017.
II. DISCUSSION
Included in this supplemental discussion are requests for funding outside of the town's
normal budget cycle, or "off -cycle contributions". The purpose of this mid -year review is
to provide an opportunity for organizations that have newly identified projects or
unforeseen changes to their budgets to come forward all at the same time and for
Council to provide consistent criteria and evaluations. Staff recommendations for these
requests are included as Attachment B.
2017 year to date sales tax collections are down 4.2% from 2016. Staff is proposing to
decrease budgeted sales tax by $565,000 to adjust for the current shortfall. The shortfall
is attributed to the impact of business closures, below average spring snowfall, and less
spending by international visitors. The sales tax budget will be reduced in accordance
with the town's standard split (62/38) between the General Fund and Capital Projects
Fund. The result is a reduction to the General Fund of $350.3K and Capital Projects
Fund of $214.7K.
General Fund
In addition to the proposed reduction of budgeted sales tax revenue of $350.3K,
budgeted revenue will be adjusted by an increase $42,780 directly offset by the
following corresponding expenditures:
June 20, 2017 - Page 158 of 50;
• $12,052 of state funding for the Northwest Incident Management Team training
exercise that occurred May 18th -20th in Rio Blanco County.
• $25,000 of state funding for the Northwest Incident Management Team exercise
in Keystone, CO taking place in September.
• $1,228 reimbursement from the Vail Valley Medical Center Foundation for
children's books purchased for the Foundation's "Books for Babies" initiative;
• $4,500 use of Library grant funds from the state of Colorado to be used to
purchase books, audio visual material, and other electronic and education
recourses.
Staff is requesting an overall increase in budgeted expenditures of $253,780 which
includes $42,780 related to expenditures corresponding to the reimbursements above
and $10,000 related to off -cycle contributions recommended by staff. The remaining
$201,000 of expenditures includes:
• $76,000 for extended bus service for the East Vail enhancement pilot program
approved by council on April 18th. Cost of the extended service will be allocated
$47,120 to seasonal salaries and $28,880 for bus operations (fuel and fleet
maintenance charges).
• $75,000 to Safebuilt for additional plan review services due to increased
demand.
• $50,000 to increase fire overtime.
The fire department request listed above is based on three factors: unexpected sick
leave, training time, and Fair Labor Standards Act (FLSA) compliance. During 2017,
there have been three employees on FMLA leave causing higher than expected use of
sick leave. Additionally, there has been clarification by human resources in what is
considered compensable time for training. This has resulted in paid overtime for training
outside the normal work schedule. Lastly, FLSA requires overtime be paid for hours
worked over 212, over a 4 week period. A regular schedule for a firefighter consists of
240 hours over a 4 week period thus resulting in built-in overtime of 28 hours. This
requirement typically equates to almost 50% of the departments overtime budget. Over
the last three years the fire department has been able to successfully absorb the
overtime increases as a result of the FSLA requirement (salaries rising with merit
increases) and has maintained a flat year over year overtime budget.
The off -cycle contributions are included in this budget request based on staff
recommendations. The funding requests recommended include $10,000 to the Vail
Chamber and Business Association (VCBA) to support the Pioneer Weekend event;
$5,000 to the Vail Valley Mountain Bike Association for the Adopt a Trail program
funded out of the Real Estate Transfer Tax fund (see below); See Attachment B for staff
recommendations and off -cycle applications received.
These adjustments to the General Fund 2017 budget result in a net surplus of $326,163
with a resulting fund balance of $27.6 million by the end of 2017, or 72% of annual
revenues.
2
June 20, 2017 - Page 159 of 50;
Capital Projects Fund
In addition to the proposed reduction of budgeted sales tax revenue of $214.7K,
budgeted revenue will be adjusted by an increase of $500,000. This includes $45,000 of
reimbursement from the Holy Cross Community Enhancement Fund, directly offset by
corresponding expenditures for engineering costs approved by council on June 2nd to
pursue the first phase of Big Horn Road and South Frontage Road underground energy
projects. The remaining $455,000 is a revenue reimbursement from the traffic impact
fee funds that will be used to offset design and planning costs for the S. Frontage Road
improvements between the Vail Valley Medical Center and the Lionshead parking
structure. The expenditures for this project were approved by council during the 1st
budget supplemental in April.
Staff is requesting an overall increase in budgeted expenditures of $92,825 which
includes $45,000 related to expenditures corresponding to the reimbursements above.
The remaining $47,825 of expenditures requested for new projects and project
increases include:
• $13,050 for an upgraded financial reporting module in the existing financial
management software. The current report writing module will no longer be
supported with software updates by the software company.
• $1,000 to complete the Community Development permits software.
• $8,775 for a ProjectDox software upgrade. This is plan review software utilized
by Community Development, Fire, and Public Works. The current version of the
software will no longer be supported as of Jan 2018.
• $25,000 for ProjectFlow, an add-on software to be utilized with the ProjectDox
system. This system enhancement allows for greater flexibility and efficiency
within the plan review software; allowing for review prioritization, upgraded
reporting, plan review time management, along with additional customization
tools to enhance customer experience.
The following requests have no impact on overall budgeted expenditures in the capital
projects fund:
• $15,000 to be transferred to the ResortApp project budget from savings in the
audio visual project budget for the new lodging feature in the Vail Application.
See Attachment A for information about the lodging module.
Real Estate Transfer Tax Fund
Staff is proposing an overall increase of budgeted expenditures in the Real Estate
Transfer fund of $5,000 to fund the Vail Valley Bike Association for the Adopt a Trail
program as part of the off -cycle council contributions. See Attachment B for details
regarding this request.
Water Quality projects for the town are currently documented in four separate project
codes. In working to clarify the various projects underway, and to better align the
budgets to those projects, staff proposes a reallocation of the budgeted dollars into
newly named projects. This will improve the tracking of actual expenditures to budget
for each project according to the approved purposes of the budgeted funds. In total, the
budget for these projects does not change. The following table summarizes the current
-3-
June 20, 2017 - Page 160 of 50;
water quality budgets compared to the proposed new project allocations. The projects
highlighted in green have been re -named and the budget dollars reallocated.
Water Quality Project Budgets
Current
Proposed
Streabank/tract Mitigation
971,575
-
Water Quality/ Storm Water
1,458,685
-
East Vail Water Quality TAPS
1,125,111
1,125,111
East Vail Interchange
988,807
988,807
NEW Streamtract Education/Mitigation
-
273,199
NEW Water Quality Infrastructure
-
1,520,255
NEW Streambank Restoration
-
636,806
Total
$ 4,544,178
$ 4,544,178
4
June 20, 2017 - Page 161 of 50;
June 20, 2017 - Page 162 of 50:
Attachment A
To: Vail Town Council
From: Joe Cleary, ResortApp
CC: Kelli McDonald, Ron Braden, Kathleen Halloran, Carlie Smith
Date: June 20, 2017
Subject: The new VAIL App Lodging feature
The new lodging feature for the VAIL App will have the following features and benefits:
1. Ability to produce a list of lodging options under the Lodging Icon with pricing
2. Lodging options will have interactive pricing listed with the ability to update in real time
3. NO COMMISSIONS will be charged for booking through the app.
4. The Lodging Option will send users directly to the booking websites for the Lodging Partner
5. ResortApp will administrate and maintain this feature and all its' updates.
6. Because no commissions are taken, the VAIL App will be able to offer the lowest rates in
town since we will direct book with our partners.
Happy to answer any questions regarding this new feature.
Joe Cleary
CEO
ResortApp
5
June 20, 2017 - Page 162 of 50:
Attachment B
2017 Off -Cycle Contributions
A. Vail Valley Mountain Bike Association
BACKGROUND INFORMATION: The Vail Valley Mountain Bike Association is requesting $5,000 to fund
the Adopt a Trail program for 2017. The funding would go towards hiring trail rangers, program
coordinators, and other operational expenses.
STAFF RECOMMENDATION:
Staff recommends funding of $5,000 for trail maintenance expenses out of the Real Estate Transfer Fund.
The Vail Valley Mountain Bike Associate along with the U.S Forest Service spearheaded this organization
and began to adopt trails in June 2016. Since then then they have been able to provide trail maintenance
and restoration to 43 trails countywide, 9 of which are in Vail. The Adopt a Trail organization services trails
that connect to our community that would otherwise have little to no maintenance.
B. Vail Chamber and Business Association- Pioneer Weekend
BACKGROUND INFORMATION: The Vail Chamber and Business Association is requesting $15,000 for
Pioneer Weekend 2017 taking place September 22-24. The contribution would be used to pay for event
rental fees including tables, chairs, staging, and use fees for Dobson arena. The CSE have decided to
fund Pioneer weekend in amount of $2,000 for 2017. Council contributions have not funded this event
since 2012. During 2012 the Town council contributed $30,000 to this event, a portion which was not used
and was refunded to the Town after the event.
STAFF RECOMMENDATION:
Staff recommends cash contribution of $10,000 to be used towards event rental fees. Staff also
recommends providing 3 days use of Dobson arena valued at $3,963 subject to approval and coordination
with the Vail Recreation District. The Vail Chamber and Business Association will be responsible for hard
costs for the use of the Dobson arena such as set-up, tear -down, cleaning, and utilities.
C. Vail Memorial Park Foundation
BACKGROUND INFORMATION:
The Vail Memorial Park Foundation (VMF) is requesting $50,000 for operating expenses in order to
proceed with Phase III of the VMF master plan. Phase III includes the construction of an additional dry -
stack wall, an improved and expanded path system, excavation of certain areas, and the placement of
additional boulders and benches. The estimated cost of Phase III is $220,000.
In 1993, a design was developed for a cemetery site in the town of Vail; however in 1994 it was taken to
voters and was defeated. In 2001, a renewed effort for a memorial site again gained traction and a task
force was established by Town Council. A site was selected on Town property of the former Katsos
Ranch. The VMP was established with a goal to be financially self-supporting but in an effort to jump start
the VMP, the town agreed to a $50,000 loan and 99 -year lease agreement with no payments required.
When repayment of the loan was presented to the Town Council, the Council then donated the $50,000
back to the organization.
6
June 20, 2017 - Page 163 of 50;
STAFF RECOMMENDATION:
Given the nature and amount of the VMP request, staff recommends that the VMP go through the Town's
annual Council Contribution application process for 2018 in order for the town to better evaluate this
request in respect to other contribution requests in the context of the 2018 budget.
D. World Figure Sport Society
BACKGROUND INFORMATION: The World Figure Sport Society is requesting in-kind funding of at least
one day use of Dobson for the World Figure & Fancy Skating Championships (September 28- October 1,
2018). In addition they are requesting in-kind housing for the event officials.
STAFF RECOMMENDATION:
The Vail Local Marketing District (VLMD) has decided to fund this event in place of the Town. The VLMD
is funding two days of rental fees at Dobson arena along with lodging for two officials for the length of the
event.
D. Friends of Mountain Rescue Support Request
BACKGROUND INFORMATION: The Friends of the Mountain Rescue (FMR) is requesting funding of
$15,000 to help build an Endowment Fund to be used for annual operations and capital needs in the
future.
STAFF RECOMMENDATION:
While staff greatly respects this organization and the service they provide to the community, staff does not
recommend funding as it is not an appropriate use of taxpayer dollars to fund an endowment fund. Staff
recommends that FMR apply during the 2018 application process with a request that identifies a specific
program or expenditure that the contribution will be used towards.
7
June 20, 2017 - Page 164 of 50;
8
June 20, 2017 - Page 165 of 503
TOWN OF VAIL 2017 PROPOSED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
2017
Proposed
Original
1st
2017
2nd
2017
Budget
Supplemental
Amended
Supplemental
Amended
Revenue
2%
Local Taxes:
$ 26,100,000
$ 26,100,000
$ (565,000)
$ 25,535,000
Sales Tax Split b/t Gen'I Fund & Capital Fund
62/38
Sales Tax
16,182,000
16,182,000
(350,300)
15,831,700
Adjustment for current sales tax shortfall
Property and Ownership
4,891,307
4,891,307
4,891,307
Ski Lift Tax
4,964,400
4,964,400
4,964,400
Franchise Fees, Penalties, and Other Taxes
1,115,065
1,115,065
1,115,065
Licenses & Permits
1,623,098
1,623,098
4,500
1,623,098
Intergovernmental Revenue
2,010,781
2,010,781
2,015,281
$4.5K of state funding for library programs; see corresponding expenditure
below
Transportation Centers
5,155,000
5,155,000
5,155,000
Charges for Services
1,028,870
1,028,870
1,028,870
Fines & Forfeitures
249,171
249,171
249,171
Earnings on Investments
120,000
120,000
120,000
Rental Revenue
1,013,838
1,013,838
38,280
1,013,838
Misc
161,000
161,000
199,280
Northwest Emergency Management Team Exercises $37,052
reimbursements for training exercises; $1,228 WMC Foundation
reimbursement for "Books for Babies";See corresponding expenditures below
Total Revenue
38,514,530
38,514,530
(307,520)
38,207,010
Expenditures
97,120
Salaries
17,823,455
47,000
17,870,455
17,967,575
$50K Fire department OT; $47K East Vail increased bus service
Benefits
6,170,004
6,170,004
6,170,004
Subtotal Compensation and Benefits
23,993,459
47,000
24,040,459
97,120
24,137,579
3.4%
10,000
117,780
28,880
Contributions and Special Events
2,047,399
125,000
2,172,399
2,182,399
Off-cycle contributions: $10K Vail Chamber for Pioneer Weekend
All Other Operating Expenses
7,680,184
98,764
7,778,948
7,896728
Northwest Emergency Management Team Exercises in Keystone, CO and
Rio Blanco County $37,052; $1,228 for children's books for "Books for
Babies; $4,500 for Library books, materials, etc.; see corresponding
reimbursements above
Heavy Equipment Operating Charges
2,303,300
2,303,300
2,332,180
$29K East Vail increased bus service
Heavy Equipment Replacement Charges
668,654
668,654
668,654
Dispatch Services
663,307
663,307
663,307
Total Expenditures
37,356,303
270,764
37,627,067
253,780
37,880,847
% increase vs. prior year
Revenue Over (Under) Expenditures
1,158,227
(270,764)
887,463
(561,300)
326,163
Beginning Fund Balance
23,619,174
27,300,260
27,300,260
Ending Fund Balance
$ 24,777,401
$ 28,187,723
$ 27,626,423
As % of Annual Revenue
64%
73%
72%
8
June 20, 2017 - Page 165 of 503
TOWN OF VAIL 2017 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
2017
Proposed
Original
1st
2017
2nd
2017
Budget
Supplemental
Amended
Supplemental
Amended
Revenue
2%
1%
Total Sales Tax Revenue:
$ 26,100,000
$ 26,100,000
$ (565,000)
$ 25,535,000
2017 proposed at a 2% increase from 2016 amended; then 2% each year
Sales Tax Split between General Fund & Capital Fund
62/38
60/40
$ (214,700)
60/40
Sales Tax - Capital Projects Fund
$ 9,918,000
$ 9,918,000
$ 9,703,300
$215K to adjust for current shortfall; 38% to CPF
Use Tax
1,545,000
1,545,000
1,545,000
2017 assumes no new major redevelopments
Other State Revenue
-
704,000
704,000
704,000
Bus Grant awarded from CDOT
Lease Revenue
159,135
159,135
159,135
Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)
Employee Housing Fee -In -Lieu
-
500,000
-
Recognize YTD collections
Project Reimbursement
65,000
50,000
115,000
615,000
2017: $45K reimbursement from Holy Cross for engineering costs for underground utility projects- See
corresponding expenditure below; $455K from the traffic impact fee for the WMC/Frontage Road project
design; $50K Use of Holy Cross Community Enhancement Funds to offset project at Liftside to Glen Lyon Office
Building. $65K per year revenue share agreement with Resort App
Timber Ridge Loan repayment
463,252
28,500
491,752
491,752
$28.5K interest on $1.9M loan to TR; Principal and interest on $8M loan to Timber Ridge Fund
Earnings on Investments and Other
113,588
113,588
113,588
0.7% rate assumed on available fund balance
Total Revenue
12,263,975
782,500
13,046,475
285,300
13,331,775
Expenditures
Maintain Town Assets
Bus Shelters
50,000
40,612
90,612
90,612
Annual maintenance; Re -appropriate for repairs to Spruce Way bus shelter and lights
Parking Structures
690,000
156,826
846,826
846,826
Re -appropriate to complete VTRC elevator upgrades; Various repairs including deck topping replacement, expansion
joint repairs, ventilation, HVAC, plumbing and other structural repairs
Traffic Impact Fee and Transportation Master Plan Updates
-
61,236
61,236
61,236
2017: Continuation of Update of Traffic Impact Fees: $65K; Transportation Master Plan: $85K
Facilities Capital Maintenance
582,625
54,180
636,805
636,805
Re -appropriate 2016 savings for updates to Town Manager residence; 2017: Includes Community Development
Conference room furniture ($18K), remodel of lockers and restroom at Vail Transit Center ($100K) and roof for PD
building (pending municipal renovation) ($100K).
Donovan Park Pavilion
5,000
5,000
10,000
10,000
Re -appropriate Annual $5K Maintenance to repair HVAC
Street Light Improvements
50,000
65,257
115,257
115,257
Annual maintenance to street lights; LED light enhancements
Capital Street Maintenance
1,320,000
1,320,000
1,320,000
Use of 2016 savings ($122.8K) for pedestrian safety improvements- see corresponding in pedestrian safety project; On-
going maintenance to roads and bridges including asphalt overlays, patching and repairs;
West Forest Bridge Repair
-
347,497
347,497
347,497
Major Bridge Repair Projects based on bi-annual bridge inspection
Kinnickinnick (West) Bridge Repair
-
341,637
341,637
341,637
Major Bridge Repair Projects based on bi-annual bridge inspection
Radio Replacement
-
18,900
18,900
18,900
Additional Radios for backup radios and crew expansion; related yearly County fees ($10K) included in HEF.
Town -wide camera system
70,000
70,000
(15,000)
70,000
2017-2019 replace Bosch system(30 cameras); 2016 included $22K for replacement of cameras and equipment;
Recorders cost $7-8K each; cameras range from $800 - $3,800 each
Audio -Visual capital maintenance
84,000
84,000
69,000
Transfer $15K of savings to be used for Resort Application for the new lodging feature; Audio visual, phone and
IT equipment for an EOC at the West Vail Fire Station - funded by a NWCOG grant listed above
Document Imaging
43,000
43,000
43,000
Annual maintenance, software licensing, and replacement schedule for scanners and servers. 2017: $22K for 25
Laserfiche licenses, $21K for annual maintenance
Software Licensing
56,000
56,000
56,000
Upgrade Microsoft products on all equipment; renewal of licenses; $3K per year increase from original 5 year plan due to
additional software products
Police Training Mgmt. software
5,395
5,395
5,395
PeACEq training mgmt. software to track training and employee evaluations
Hardware Purchases
175,000
175,000
175,000
2017: $120K PC and laptop replacements (150-175 total); $55K Omnicube at Fire Station3; Scheduled rotation of PCs,
printers and servers
Data Center (Computer Rooms)
15,000
879,036
894,036
894,036
2017: Increase includes remodel / retrofit of upper and lower computer rooms ( power, heating / cooling, fire
suppression). Possible relocation into a combined room offsite is being explored.
Website and e-commerce
12,000
12,000
12,000
Internet security & application interfaces; website maintenance; includes $550/month for web hosting svcs
Fiber Optics / Cabling Systems in Buildings
15,000
15,000
15,000
Repair, maintain & upgrade cabling/network Infrastructure
9
June 20, 2017 - Page 166 of 503
TOWN OF VAIL 2017 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
2017
Proposed
Original
1st
2017
2nd
2017
Budget
Supplemental
Amended
Supplemental
Amended
Network upgrades
30,000
30,000
30,000
Computer network systems - replacement cycle every 3-5 years; 2015, 2020 replacement of switches and routers
Phone System Upgrade
60,000
22,855
82,855
47,825
82,855
2017: IPO Phone system replacement ($40K), normal replacement of (pads, (phones $20K
Business Systems Replacement
--
47,825
$13K to upgrade the financial reporting module; $1K to complete Community Development permitting software
Public Safety System
250,000
250,000
250,000
Annual capital maintenance of "County-wide "Computer Aided Dispatch/Records Mgmt. System"; includes patrol car and
fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph
software maintenance; 2017: WebRMS upgrade ($150K), Dispatch remodel console replacement ($16K), Fire and
police mobile data computer replacement ($24K), Audio Visual EPC ($10K)
Transit Center Generator
27,662
27,662
27,662
Re-appropriate to complete the replacement of generator at the Vail Village transit center; includes testing and
connecting elevator to generator service.
Police E-ticketing system
-
-
_
Electronic ticketing system; reduces data entry done by officers to record physical tickets; will interface with Full Court
system
Generator for East Vail Fire Station
-
10,290
10,290
10,290
Re-appropriate to complete replacement outdated generator at Station 1
Portable vehicle lift
-
15,658
15,658
15,658
Re-appropriate for replacement lift to service vehicles in fleet; current lift is 30 years old
Vehicle Expansion
746,500
746,500
746,500
2017: Snowplow ($21 OK), Loader with plow($290K) , sweeper broom for loader ($25K); 2016: 4 flatbed pick up trucks for
Streets crews, Electricians, Irrigation crew, and Wildland Fire, Truck with end dump loader($210)
Total Maintenance
4,259,520
2,046,646
6,306,166
32,825
6,338,991
Enhancement of Town Assets
Guest Services Enhancements/Wayfinding
-
956,114
956,114
956,114
Re-appropriate for continuation of Guest Service / Wayfinding enhancements outside of VRA district
East Vail Fire Station
-
838,228
838,228
838,228
Re-appropriate to complete the Renovation of East Vail fire station (Final bill payment)
Energy Enhancements
-
92,900
92,900
92,900
Implementation of energy audit enhancements; includes LED lighting project with shared cost of $170K from Holy Cross
East Lionshead Circle Vantage Point Walk (VRA)
185,000
185,000
185,000
Improvements to Vantage Point walkway as requested by Vantage Point
Pedestrian Safety Enhancements
135,000
122,830
257,830
257,830
Savings from capital street maintenance to be used towards pedestrian safety enhancements; 2017: Phase II- Vail
Valley Drive and Glen Lyon Crosswalk sign and lighting; 2018: Lighting for Main Vail roundabouts and West Vail
Roundabouts (approved by council on 7/5/16
Library Self-Check System Updates
18,000
18,000
18,000
Library replacement kiosk and security gate replacement
Chamonix- TOV
-
762,548
762,548
762,548
Chamonix- TOV
East Meadow Drive Snowmelt
800,000
800,000
800,000
Snowmelt major repairs from Solaris to Austria House/Covered Bride area to be done at same time as the Slifer Plaza
construction. This includes paver removal, snowmelt, asphalt replacements with concrete pavers
Slifer Plaza/ Fountain/Storm Sewer
1,350,000
105,321
1,455,321
1,455,321
Repairs to Silfer Plaza fountain and storm sewers
Neighborhood Road Reconstruction
60,490
60,490
60,490
2017: Continuation of 2015/2016 shared drainage project with ERWSD on Rockledge Rd/Frontage Rd; East Vail road
reconstruction design in 2018, Phase I in 2019, Phase II in 2020, Phase III was eliminated.
Neighborhood Bridge Reconstruction
1,000,000
385,608
1,385,608
1,385,608
Nugget Lane and Bridge design in 2015-2016 and construction in 2017-2018. Partial Funding is from Federal grants
Lionshead Parking Structure Landscape Renovations (VRA)
100,000
100,000
100,000
Improvements to parking structure landscaping
Fire Breathing Apparatus
298,000
298,000
298,000
Replacement of all (30) cylinders/compressors purchased in 2007; Updated model addresses safety issues that have
been identified in the current model, such as failure in high temperature environments; New units would also allow
interoperability with surrounding departments who have gone to this updated unit type. Original budget increased by
$23K
Colorado Ski Museum renovation
-
500,000
500,000
500,000
Placeholder for town contribution toward expansion and remodel of Colorado Ski Museum
Parking Entry System / Equipment
18,000
16,200
34,200
34,200
2017: East Betty Ford Way remote access parking equipment for the ADA gate to operate remote, Backup parking sales
desktop coder for parking passes;
Bus Camera System
-
-
-
Installation of software and cameras in buses
10
June 20, 2017 - Page 167 of 503
TOWN OF VAIL 2017 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
2017
Proposed
Original
1st
2017
2nd
2017
Budget
Supplemental
Amended
Supplemental
Amended
Hybrid Bus Battery Replacement
431,772
431,772
431,772
Scheduled replacement; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been
needed as of yet
Replace Buses
3,083,500
3,520,000
6,603,500
15,000
6,603,500
2017: 7 buses ordered in 2017 scheduled for replacement and delivery in 2018 ($440.5K per bus);
Resort App
65,000
65,000
80,000
Transfer $15K from audio visual project; Town "Resort App" mobile application annual fee; offset by revenue sharing
agreement
Public Works Shops & Maintenance Buildings
150,000
150,000
150,000
2017:Public Works shops heater replacements ($150K each in 2017 and 2018)
Public Works Equipment Wash Down/WQ Improvements
-
246,967
246,967
246,967
Exterior wash area for large trucks not safe in the winter; also includes improvement to how the waste water is disposed
Total Enhancements
7,202,500
8,038,978
15,241,478
15,000
15,256,478
New Assets
Municipal Redevelopment
359,330
359,330
359,330
$359K for planning of possible future municipal building redevelopment; $6M was moved forward in the 5 year capital
plan to 2018 as a placeholder fora significant remodel should a complete reconstruction occur.
Red Sandstone Parking Structure
-
1,300,000
1,300,000
1,300,000
WMC / TOV Frontage Road improvements
-
455,000
455,000
455,000
2017: Council approved design work of $375K on Apr. 18; Staff has proposed contract award at $455K to include a 3rd
party review, utility potholing and public information based on WMC plans for expansion; Improvements would span
from LH Parking structure to Municipal building; Design funded by Traffic Impact Fee funds
Chamonix Housing Development
-
17,728,000
17,728,000
17,728,000
Construction of future housing development
1-70 Underpass (VRA)
3,250,000
638,587
3,888,587
3,888,587
2015-2017 is the town's portion of this project since we were awarded RAMP funding from CDOT and includes the
budget increase approved by both Council and CDOT
Public Art (VRA)
-
153,325
153,325
153,325
1-70 Underpass art project originally budgeted in 2018
East LH Circle pathway to Dobson (VRA)
100,000
100,000
100,000
Planning and Design for project to Improve connection from the E LionsHead bus stop to Dobson originally scheduled in
2016; Project is delayed until 2017/2018 pending master plan revision
Dobson Plaza (VRA)
100,000
100,000
100,000
Redevelop the center plaza of Dobson for better flow of bus traffic, people traffic (concerts); planning/design originally
scheduled in 2016 was delayed until 2017/2018 pending master plan revision
Buy -down Program(Affordable Housing)
500,000
500,000
500,000
Placeholder for deed Restriction purchase program based on Affordable Housing Strategic Plan- contingent upon council
approval of program policies and implementation plan
Buy -down Program Funded by Pay -in-Lieu
-
3,112,482
3,112,482
45,000
45,000
3,112,482
Carry forward current balance of program funding: Housing funded directly by Pay -in -Lieu fees collected from
developers; Request to use toward the deed restriction purchase program pending approval of program policies;
Includes revenue collected in 2016 ($505,277)
Underground Utility improvements
-
280,000
280,000
325,000
Use of Holy Cross funds for engineering costs for Big Horn Road and South Frontage Road bids; $Appropriate for
Rockledge Road, $50K; 1-70 Underpass (CDOT $105 & Holy Cross $75K); $50K for undergrounding electric between
Glen Lyon office building and Liftside;
Total New Assets:
3,750,000
24,226,724
27,976,724
28,021,724
Total Expenditures
15,212,020
34,312,348
49,524,368
92,825
49,617,193
Other Financing Sources (Uses)
Transfer from Vail Reinvestment Authority
3,585,000
2,291,912
5,876,912
5,876,912
2017: 1-70 Underpass ($3.9M); $177K public art; $31 K for Lionshead parking expansion joints; Lionshead parking
structure landscape improvements and Vantage Point Walk; LH Circle pathway to Dobson ($100K); Dobson Plaza
($100K);
Revenue Over (Under) Expenditures
636,955
(30,600,981)
192,475
(30,408,506)
Beginning Fund Balance
15,828,727
35,990,414
35,990,414
Ending Fund Balance
16,465,682
5,389,433
5,581,908.40
11
June 20, 2017 - Page 168 of 503
12
June 20, 2017 - Page 169 of 503
TOWN OF VAIL 2017 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
2017
Proposed
Original
1st
2017
2nd
2017
Budget
Supplemental
Amended
Supplemental
Amended
Revenue
Real Estate Transfer Tax
$ 5,850,000
$ 5,850,000
$ 5,850,000
2017 is a 10% decrease from 2016 budget and a 3.8% decrease from 2015 actuals.
Golf Course Lease
140,094
140,094
140,094
Annual lease payment from Vail Recreation District 2% annual increase - deposited to
"Recreation Enhancement Account" (accompanying expenditure listed below)
Intergovernmental Revenue
720,000
155,125
875,125
875,125
$135K State funding for water mitigation for PW runoff- See corresponding expenditure
below; $20K from Eagle County for Intermountain Fuels project; $20K Lottery fund
proceeds; 2017 $700K CDOT TAP Grant for water quality improvements at East Vail
Interchange, Eagle County contribution for Intermountain Fuels project- see corresponding
expenditure below,
Project Reimbursements
36,000
36,000
36,000
2017: Contribution from the Nature Conservancy ($36K) for Intermountain Fuels project-
See corresponding expenditure below
Donations
-
5,770
5,770
5,770
Use of $5.7K Sole Power Donations received in 2016
Recreation Amenity Fees
10,000
10,000
10,000
Earnings on Investments and Other
33,064
33,064
33,064
0.7% rate assumed
Total Revenue
6,753,158
196,895
6,950,053
6,950,053
Expenditures
Maintain Town Assets
Annual Park and Landscape Maintenance
1,577,134
1,577,134
1,577,134
Ongoing path, park and open space maintenance, project mgmt.; 2017 added 0.5 FTE for
turf & irrigation due to estimated increase in park maintenance for Booth Creek Park and I-
70 underpass medians
Management Fee to General Fund (5%)
292,500
292,500
292,500
5% of RETT Collections - fee remitted to the General Fund for administration
Tree Maintenance
65,000
39,270
104,270
104,270
Utilize 2016 savings for tree removal project along Gore Creek in 2017; Per Council 4/18,
add $20K; Regular maintenance for tree health within the town (spraying, removing, new
trees); scale spraying on town-owned property at approx. $120 per tree; Initiating tree-
planting program for lost trees
Forest Health Management
268,655
268,655
268,655
Operating budget for Wildland Fire crew; 2017 increase for replacement of 1 radio ($4.5K)
and new wildland hose ($4K)
Intermountain Fuels Reduction
677,656
56,000
733,656
733,656
2017: $677.7K for Phase II as approved by Council; .2016 included $63.7K for Phase I of
Intermountain Fuels Reduction Project; $56K contribution from Eagle County($20K) and
Nature Conservancy ($36K)- See corresponding contribution above;
Street Furniture Replacement
50,000
7,588
57,588
57,588
Utilize 2016 savings for additional benches and bike rack replacements
Rec. Path Capital Maint
109,724
94,411
204,135
204,135
Re-appropriate for improvements on Gore Creek trail; Capital maintenance of the town's
recreation path system
Park / Playground Capital Maintenance
Adopt a Trail
Alpine Garden Support
83,025
69,700
83,025
69,700
5,000
83,025
5,000
69,700
Annual maintenance items include projects such as playground surface refurbishing,
replacing bear-proof trash cans, painting/staining of play structures, picnic shelter
additions/repairs, and fence maintenance
Staff recommendation for $5K council contribution to be used towards trail
maintiance for the 9 trails in Vail that have been adopted by the program
Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow
town's general operating annual increase
Alpine Garden - Fountains
30,000
30,000
30,000
Contribution request for assistance with repairs to water fountains
Eagle River Watershed Support
45,450
45,450
45,450
Annual support of the Eagle River Watershed Council programs with 1% increase for 2017;
2016 increased due to rollover of unused 2015 funds
Public Art - Operating
106,846
106,846
106,846
Art in Public Places programming
12
June 20, 2017 - Page 169 of 503
13
June 20, 2017 - Page 170 of 503
TOWN OF VAIL 2017 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
2017
---
Proposed
Original
1st
2017
2nd
2017
Budget
Supplemental
Amended
Supplemental
Amended
Environmental Sustainability
474,645
5,770
480,415
480,415
Environmental Sustainability programs; 2017: $62K to complete Sustainable Destination
Certification; $12K for energy management software to track the town's progress toward
goals; $15K Solar feasibility study; Rollover of Sole Power donations received in 2016
$5.8K
Total Maintenance
3,850,335
203,039
4,053,374
4,058,374
Enhancement of Town Assets
Glen Lyon Rec. Path Reconstruction
150,000
150,000
150,000
Reconstruction of Glen Lyon Rec Path to be completed with the construction of the 1-70
underpass ($150K)
Chalet Road Sport Courts
-
40,000
40,000
40,000
Re -appropriate $40K to complete sports courts on Chalet Road
Soft Surface Trails
100,000
100,000
100,000
Trail enhancements
Donovan Park Improvements
64,947
64,947
64947
,
Re -appropriate to complete payment for Donovan Park picnic shelter and playground
maintenance
Library Recreation Path Reconstruction
Streambank/tract mitigation
Water Quality / Storm Water
Streamtract Education/Mitigation
Water Quality Infrastructure
Streambank Mitigation
East Vail Water Quality TAPS
-
400,000
500,000
-
1,160,000
10,000
571,575
958,685
(34,889)
10,000
971,575
1,458,685
-
1,125,111
(971,575)
(1,458,685)
273,199
1,520,255
636,806
10,000
-
-
273199
,
1,520,255
636,806
1,125,111
Repairs to the recreation path from the Vail Library to Lionshead
Transferred to new project codes to clarify and better align project budgets- See
transfer below; Re -appropriate to continue repairs to Gore Creek stream bank; transfer
$12K to Ford Park projects; Based on Eagle River Water District study results; Includes
estimates for stream bank repairs (from water to bank) and riparian repairs (from bank to
land area and revegetation); Project will span several years as part of "Restore the Gore"
Transferred to new project codes to clarify and better align project budgets- See
transfer below; Includes $135K in state grant funding for water mitigation at PW for roof
runoff (see corresponding reimbursement above); Re -appropriation of 2016 funds to
continue water quality improvement to Gore Creek; Storm water and water quality projects
as part of "Restore the Gore"; $51.5K in 2017 is for signage, marketing etc.;
Education/marketing/ ect for water quality for "Restore the Gore" and water quality
improvements
Infrastructure improvements/repairs for Gore Creek streambank and riparian repairs;
Includes $135K in state grant funding for water mitigation at PW for roof runoff
Streambank mitigation for Gore Creek streambank
East Vail Water Quality Improvements; CDOT TAP grant funding of $700K in 2017; Adjust
budget to reflect the $75K moved forward to the 2016 budget year
East Vail Interchange Improvements
1,039,764
(50,957)
988,807
988 807
Re -appropriate to continue landscaping design and construction of the interchange; Adjust
budget to reflect the $75K moved forward to the 2016 budget year
Dowd Junction repairs and improvements
-
365,835
365,835
365,835
Re -appropriate to continue re -stabilization of Dowd Junction path; Repairs to culverts,
drainage, and preventative improvements; project in cooperation with Eagle River Water
and Sand (ERWSC)
Bighorn Park Improvements
100,000
125,000
225,000
225,000
2017: Transfer budget from Ford Park projects; Park improvements and upgrades
including shelter upgrade, ADA access, drainage improvements, playground mtc, new
stairs added to west end, irrigation improvements, and planting around pond
Ford Park Portal Improvements
-
330,704
330,704
330,704
Re -appropriate to continue improvements to Ford Park entry points
Ford Park Playground/Lower Bench Improvements
300,000
(300,000)
Transfer dollars to Ford Park Improvements project; work combined for contracting
purposes) 2017: Schoolhouse garden ($150K), shelter at the sports fields ($150K)
Open Lands Plan
-
177,192
177,192
177,192
Continuation of Comprehensive Open Lands Plan Update
Booth Creek Park
-
384,768
384,768
384,768
Re -appropriate to continue redevelopment of entire park including tennis courts, covered
areas and playground structures; Tennis court ($262K) and playground ($385K) originally
budgeted in 2014 will occur when overall park is reconstructed.
13
June 20, 2017 - Page 170 of 503
14
June 20, 2017 - Page 171 of 503
TOWN OF VAIL 2017 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
2017
Proposed
Original
1st
2017
2nd
2017
Budget
Supplemental
Amended
Supplemental
Amended
Public Art -General program /art
85,000
482,310
567,310
567,310
To purchase sculptures, artwork, art programs and events; remainder is re -appropriated
each year to accumulate enough funds. Also includes 2016 sales from manhole covers
Public Art - Winterfest
14,295
14,295
14,295
Carry over balance from 2016 ($14K) and recognize donations made for Winterfest event
($261).
Total Enhancements
3,834,764
3,139,465
6,974,229
6,974,229
VRD-Managed Facility Projects
Recreation Enhancement Account
140,094
140,094
140,094
Annual rent paid by Vail Recreation District; to be re -invested in asset maintenance;
Golf Course - Other
79,504
542,868
622,372
622,372
2017: Design and planning to replace bridges at holes 13 & 14 ($50K), replace stone
veneer with timber railings ($16.4K),rebuild irrigation pumps ($13.1K); 2016 included
$400K for storage building; asphalt driving and parking area
Dobson Ice Arena
364,534
44,344
408,878
408,878
2017: remodel rink bathrooms and changing rooms ($131.1K), rock wall repair ($10.5K),
clean wood structure ($38.2K), replace pumps ($45.9K), redesign and rebuild electrical
room ($120.2K); 2016 pavers and concrete slab replacement ($54K); 'Re -appropriate to
complete pavers and concrete slab replacement in 2017
Ford Park / Tennis Center Improvements
120,000
58,245
178,245
178,245
2017: replace roofing on tennis center ($81.5K), replace gutters ($9.3K), remodel
bathrooms ($31 K), replace lockers ($13.1K), furnace ($13.7K), hot water tank ($7.6K), and
base board heaters ($18.6K)
Athletic Fields
8,195
21,250
29,445
29,445
2017: paint wood structure and exterior trim ($8K); 2016: rooftop replacement for
restrooms and athletic field ($21.3K)
Gymnastics Center
16,489
35,600
52,089
52,089
Re -appropriate for installation of cooling system in 2017 ($57.5)
Nature Center
40,000
69,754
109,754
109,754
2017: Research on historical preservation and design ($40K); 2016 Exterior windows,
doors, wood siding and slope roof ($69.8K)
Total VRD-Managed Facility Projects
768,816
772,061
1,540,877
1,540,877
New Assets
Golf Clubhouse &Nordic Center
1,077,912
1,077,912
1,077,912
Re -appropriate to complete clubhouse renovation; Total includes $1.165M reimbursement
from VRD, allocation of Recreation Enhancement Funds $765,440, Conference Center
funds of $3.8M, current RETT funds of $538,189 (Total project cost estimated at $13.8M,
which includes previously spent RETT funds of $705,571 from 2012 & 2013)
Ford Park Improvements & Fields
675,624
675,624
675,624
Combine prior budget amounts for various Ford Park projects in 2017 such as Lighting
control system ($98K), landscape improvements ($175,297), schoolhouse garden and
softball shelter ($300K); West Betty Ford Way - Maintenance Bldg ($198K); Riparian
planting ($12K); transformer enclosure ($35K)
Total New Assets:
-
1,753,536
1,753,536
1,753,536
Total Expenditures
8,453,915
5,868,101
14,322,016
14,327,016
Revenue Over (Under) Expenditures
(1,700,757)
(7,371,963)
(7,376,963)
Beginning Fund Balance
4,423,431
11,256,285
11,256,285
Ending Fund Balance
$ 2,722,674
$ 3,884,322
$ 3,879,322
14
June 20, 2017 - Page 171 of 503
ORDINANCE NO. 8
SERIES OF 2017
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, AND REAL ESTATE TRANSFER TAX FUND OF THE
2017 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID
ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD
TH ERETO.
WHEREAS, contingencies have arisen during the fiscal year 2017 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
28, Series of 2016, adopting the 2017 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2016 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 253,780
Capital Projects Fund 92,825
Real Estate Transfer Tax Fund 5,000
Total $ 351,605
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the 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.
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
Ordinance No. 8, Series of 2017
June 20, 2017 - Page 172 of 50;
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town 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 proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 20th day of June, 2017, and a public hearing shall be held on this Ordinance
on the 11th day of July, 2017, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 8, Series of 2017
June 20, 2017 - Page 173 of 50:
The Vail Town Council agreed on March 2, 2004 to schedule consideration of requests for additional
town funding at the mid -year point, rather than considering requests on a case -by case basis throughout
the year. There are now two specific opportunities for organizations to request contributions — once
during the annual budget process for the following year and again in the current year. The purpose of
the mid -year review is to provide an opportunity for organizations that have newly identified
projects or unforeseen changes to their budgets to come forward all at the same time and for
Council to provide consistent criteria and evaluations. Contributions will be awarded to applicants
who can show the contribution will be used directly to benefit the entire community of Vail. Any
additional funding recommended at this time is subject to approval by ordinance of a supplemental
budget appropriation.
You are being sent this package because of your organizations recent request for mid -year funding. The
following items are included:
1) Contribution Policy/Disclosure
2) Application for Town of Vail Funding
3) Application for Town of Vail Funding/Balance Sheet
4) Application for Town of Vail Funding/Statement of Sources and Uses
A complete submission must be received at the Town of Vail by 5pm May 31, 2017 to qualify for
additional funding in 2016. Funding will be determined solely from the written application; no in-person
presentations will be held. If the Town Council has questions about your application, you may be
contacted by a staff member at a later date. Individual requests throughout the year, outside this
process, will not be considered.
If you have any questions on materials to be submitted, please do not hesitate to contact Carlie Smith,
Sr. Budget Analyst at 479-2119.
June 20, 2017 - Page 174 of 50:
CONTRIBUTION POLICY
TOWN OF VAIL
1 All contribution requests received by the Town of Vail will be processed in the
following manner:
A. All requests must be submitted in writing using the town's application for
funding. You may submit financial information (Balance Sheet and
Statement of Sources and Uses) ONLY if it does NOT exceed 2 pages in
length. Please do not attach additional information. Incomplete
applications and supplemental information will not be accepted. THE TOWN
COUNCIL WILL ONLY BE GIVEN YOUR COMPLETED APPLICATION FORMS.
NO SUPPLEMENTAL INFORMATION WILL BE GIVEN TO THE TOWN
COUNCIL.
B. All applications for midyear funding in 2017 shall be sent to the town by
May 31, 2017 by 5:00 P.M.
C. The Town Council will evaluate the various proposals based on their
direct benefit to the entire community of Vail, fulfillment of the Town's
mission, and how this contribution will affect our resort community's future health.
The Town Council's mission statement reads: In order to be the premier
international mountain resort community, we're committed to growing a vibrant,
diverse economy and community, providing our citizens and guests with
exceptional services and an abundance of recreational, cultural and educational
opportunities.
2. Disclosures to all applicants:
Notification of awards will be sent after the Council reviews the off -cycle
contribution requests in July.
A. No money will be disbursed until after the supplemental appropriation is
approved in July.
June 20, 2017 - Page 175 of 50;
APPLICATION FOR TOWN OF VAIL FUNDING
GENERAL INSTRUCTIONS
All applications must be submitted to the Town of Vail by May 31, 2017 by 5:00 P.M.. Please submit an
electronic version in a single file (please do not submit separate documents) via email to
csmith@vailgov.com. Any application received after that date will not be considered. No hard copies
are required.
For questions on the financial statements, please contact Carlie Smith at 479-2119.
PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK
1. Name of organization:
Vail Valley Mountain Bike Association
2. Contact person:
Pete Seibert Jr
3. Mailing address:
9 Stillwater
Edwards, CO 81632
4. Telephone:
(970) 390-1864
5. Members and Titles of your governing board:
Jamie Malin President
Kat Sedillo Vice President & Secretary
Casey Wyse Treasurer
Board Member
Board Member
Board Member
Board Member
Board Member
Ernest Saeger
Mark Luzar
Bill Hoblitzell
Brian Rodine
Pete Seibert
6. Amount of contribution requested:
$5,000.00
7. Why was this not part of the normal contribution request process for 2016 budgeting (due
June 30, 2016)?
Adopt A Trail Program began in May of 2016, we are now in a position to focus on a
broader fundraising effort.
8. Organization fiscal year-end:
December 31st
9. Are your books audited?
No
10. How will the contribution be used?
Fund Adopt A Trail salaries and expenses for 2017 and 2018.
June 20, 2017 - Page 176 of 50:
11. How does your request support item 1C of the contribution policy?
Prior to this program Vail area hiking and biking trails were badly neglected due to a
lack of adequate USFS staffing. Adopt A Trail is now set for the second summer of trail
maintenance including: Booth Creek, Deluge Lake, Gore Creek, Son of Middle Creek,
North Trail (4 teams) and Buffehr Creek. USFS will allow addition of more trails next
summer which should include more Gore Range/Eagles Nest Wilderness trails. This
speaks directly to the abundance of recreational opportunities offered guests and
citizens.
12. Who currently funds your organization (other governments, private donations, user fees,
etc.)?
We currently operate countywide and maintain 43 trails (9 in Vail), supporters include:
Town of Avon, Town of Minturn, Vail Rec District, WECMRD, Edwards Metro District,
Eagle -Vail Metro District, Bachelor Gulch Metro District, Singletree Metro District,
Singletree Property Owners Association as well as local businesses and individual
donors. Complete list available upon request.
13. Organization's mission statement:
To establish Eagle County, Colorado as a premier global mountain biking destination.
June 20, 2017 - Page 177 of 50:
2:50 PM
05/31/17
Accrual Basis
Vail Valley Mountain Bike Association
Balance Sheet
As of April 30, 2017
ASSETS
Current Assets
CheckinglSavings
WMBA Checking
Apr 30, 17
91,661.45
Total CheckinglSavings 91,661.45
Accounts Receivable
Accounts Receivable 5,000.00
Total Accounts Receivable 5,000.00
Total Current Assets 96,661.45
Fixed Assets
Furniture and Equipment 1,883.18
Total Fixed Assets 1,883.18
Other Assets
Other Assets 563.26
Total Other Assets 563.26
TOTAL ASSETS 99,107.89
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
Accounts Payable
Total Accounts Payable
Total Current Liabilities
Total Liabilities
Equity
Unrestricted Net Assets
Net income
50.00
50.00
50.00
50.00
50,920.62
48,137.27
Total Equity 99,057.89
TOTAL LIABILITIES & EQUITY 99,107.89
Page 1
June 20, 2017 - Page 178 of 50:
11:01 AM
05/15/17
Accrual Basis
Vail Valley Mountain Bike Association
Profit & Loss
January through April 2017
Ordinary Income/Expense
Income
Direct Public Support
Individ, Business Contributions
Jan - Apr 17
53,572.00
Total Direct Public Support 53,572.00
Program Income
Membership Dues 342.50
Program Service Fees -238.13
Total Program Income 104.37
Total Income 53,676.37
Expense
Bank Fees
32.99
Contract Services
Outside Contract Services 3,322.00
Total Contract Services 3,322.00
Facilities and Equipment
Rent, Parking, Utilities
Facilities and Equipment - Other
50.00
50.00
Total Facilities and Equipment 100.00
Operations
Printing and Copying 44.83
Tools 1,163.28
Total Operations 1,208.11
Other Types of Expenses
Insurance - Liability, D and 0 606.00
Total Other Types of Expenses
Website
Total Expense
Net Ordinary income
Net Income
606.00
270.00
5,539.10
48,137.27
48,137.27
Page 1
June 20, 2017 - Page 179 of 50:
APPLICATION FOR TOWN OF VAIL FUNDING
GENERAL INSTRUCTIONS
All applications must be submitted to the Town of Vail by May 31, 2017 by 5:00 P.M.. Please submit an
electronic version in a single file (please do not submit separate documents) via email to
csmith@vailgov.com. Any application received after that date will not be considered. No hard copies
are required.
For questions on the financial statements, please contact Carlie Smith at 479-2119.
PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK
1. Name of organization: Vail Chamber and Business Association
2. Contact person: Alison Wadey
3. Mailing address: 241 S. Frontage Road East Suite 2 Vail, CO 81657
4. Telephone: (970) 477-0075
5. Members and Titles of your governing board: Lourdes Ferzacca (president), Dave
Portman (treasurer), Zach Meyers, Michael Staughton, Cabal Yame, Marleen Bosch, Larry Cavanaugh,
Brian Butts, Stephanie Pulkrabek, Bill Suarez, Marco Valenti, Ryan Kelsey, Chris Cremer.
6. Amount of contribution requested: $15,000 for Pioneer Weekend 2017, September 22-24.
7. Why was this not part of the normal contribution request process for 2016 budgeting (due
June 30, 2016)? Pioneer Days was given to the VCBA by former coordinators, Packy
Walker and Joe Hanlon, in January 2017. The VCBA did not know they would be
coordinating this event until that time.
8. Organization fiscal year-end: October 31, 2017
9. Are your books audited? No, CPA reviewed.
10. How will the contribution be used? The contribution will be used to pay for rental fees of
Dobson Ice Arena, rentals of tables/chairs/staging/etc for the main party Saturday night
which will host over 1000 former "Vail Pioneers". This is in addition to a welcome
reception Friday night and memorial service and lunch on Sunday.
11. How does your request support item 1C of the contribution policy? Pioneer Weekend
began in 2002 when a group of long-time locals decided to organize a reunion for
community members that lived and worked in Vail prior to 1973. The event was so
popular that they have continued the tradition every 5 years with this year's event
hosting over 1000 Vail Pioneers who lived and worked in Vail prior to 1983. Anyone
who has a love of Vail and its special community is welcome to attend. Attendees will
travel to Vail, many with extended families in tow, to enjoy Vail and all it has offers.
The VCBA is working with local entities and businesses such as Epic Discovery, Vail
Golf Course, and Betty Ford Alpine Gardens to create activities for attendees
throughout the weekends and draws to local businesses. This event will provide room
nights, restaurant and retail sales for local businesses.
June 20, 2017 - Page 180 of 50;
12. Who currently funds your organization (other governments, private donations, user fees,
etc.)? Membership fees and business programming.
13. Organization's mission statement: The mission of the Vail Chamber & Business
Association is to responsibly and professionally advocate for economic development
and communication capacity for the Vail merchant community that will foster strong
collaborative relationships and revenue development opportunities for its membership.
(If more room is needed to answer questions, please use the back of this page.)
June 20, 2017 - Page 181 of 50;
8:29 AM
05/26/17
Accrual Basis
Vail Chamber & Business Association
Balance Sheet
As of October 31, 2016
Oct 31, 16
ASSETS
Current Assets
Checking/Savings
Checking -Alpine Bank 25.00
First Bank Checking x5589 17,744.03
First Bank Money Market x1259 1,034.12
Total Checking/Savings 18,803.15
Accounts Receivable
Accounts Receivable 3,398.33
Total Accounts Receivable 3,398.33
Other Current Assets
Undeposited Funds 650.00
Total Other Current Assets 650.00
Total Current Assets 22,851.48
Fixed Assets
Furniture, Fixtures, Equipment
Less Accumulated Depreciation
Total Fixed Assets
TOTAL ASSETS
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
Accounts Payable
Total Accounts Payable
Other Current Liabilities
Payroll Liabilities
Total Other Current Liabilities
Total Current Liabilities
Total Liabilities
Equity
Opening Bal Equity
Retained Earnings
Net Income
31,653.19
-26,063.00
5,590.19
28,441.67
420.00
420.00
812.46
812.46
1,232.46
1,232.46
61,482.38
-9,286.43
-24,986.74
Total Equity 27,209.21
TOTAL. LIABILITIES & EQUITY 28,441.67
Page 1
June 20, 2017 - Page 182 of 50:
8:33 AM
05/26/17
Accrual Basis
Vail Chamber & Business Association
Profit & Loss Budget Overview
November 2016 through October 2017
Ordinary Income/Expense
Income
Income
Event / Program Income
Golf Tournament
Merchant Pass Program
Spring Back to Vail
Nov '16 - Oct 17
10,000.00
2,000.00
5,000.00
Total Event / Program income 17,000.00
Membership Dues
Membership Dues - Wrlteoffs 0.00
New Membership Dues 7,200.00
Trade Out for Dues 600.00
Membership Dues - Other 81,400.00
Total Membership Dues
Total Income
Total Income
Gross Profit
89,200.00
106,200.00
106,200.00
106,200.00
Expense
riad Debt 6,000.00
Event / Program Expense
Golf Toumament 2,500.00
Uonshead Promos 8,000.00
Spring Back to Vail (Expense) 2,500.00
Think2Perform 2,500.00
Town Council Candidate Forum 1,500.00
Total Event / Program Expense
Marketing & Member Services
Advertising/Promotions
Members Meeting
Membership Drive
Total Marketing & Member Services
Member Services
17,000.00
2,000.00
950.00
500.00
3,450.00
0.00
Miscellaneous 0.00
Office Expense
Copier & Fax 4,440.00
Credit Card Fees 1,000.00
Dues and Subscriptions 1,750.00
IT Support / Firewall 1,380.00
Meals & Entertainment 600.00
Office Supplies 550.00
Postage 450.00
Rent 3,000.00
Repairs/Maintenance
Computer Maintenance 0.00
EquipmentMaintenance 0.00
Repairs/Maintenance - Other 154.00
Total Repairs/Maintenance 154.00
Telephone / Internet 2,640.00
Website 600.00
Total Office Expense 16,564.00
Page 1
June 20, 2017 - Page 183 of 50;
8:33 AM
05/26/17
Accrual Basis
Vail Chamber & Business Association
Profit & Loss Budget Overview
November 2016 through October 2017
Operating Expense
Insurance
Directors & Officers Insurance
Workers' Compensation Insurance
Nov 16 - Oct 17
1,000.00
0.00
Total Insurance 1,000.00
Parking
Professional Fees
Accounting
Total Professional Fees
Total Operating Expense
Payroll Expenses
Insurance - Workers' Comp
Payroll Fees
Payroll Taxes
Salaries & Wages
Salary - Exec. Director
Staff Parking / Merchant Pass
Wages - Office Admin.
3,750.00
0.00
3,750.00
4,750.00
1,030.00
336.66
6,100.00
0.00
37,440.00
974.00
7,488.00
Total Payroll Expenses 53,368.66
Total Expense 101,132.66
Net Ordinary Income 5,067.34
Net Income 5,067.34
Page 2
June 20, 2017 - Page 184 of 50:
APPLICATION FOR TOWN OF VAIL FUNDING
1. Name of organization: Vail Memorial Park Foundation, a 501(c)(13)
2. Contact Person: Farnham St. John
3. Mailing address: PO Box 6444 Vail CO 81658
4. Telephone: 970-476-3400
5. E- Mail address: vailmemorialpark@gmail.com
6. Members and Titles of your Governing board: Carl Walker, Chair; David Riddle, Vice Chair;
Charlyn Canada, Secretary; Diana Donovan, Treasurer; Pam Brandmeyer; Joe Hanlon;
Gussie Ross
7. Amount of contribution requested: $50,000
8. Organizational fiscal year-end: Fiscal year is calendar year.
9. Are your books audited? No, but taxes prepared by a professional, and a copy of annual fi-
nancials are filed with town for review and archiving.
10. What category of funding is your organization applying for? Services
11.a. How will the contribution be used? The contribution will be used to cover operating ex-
penses so the Board can proceed with the needed construction of Phase 3. The Vail Memorial
Park (VMP) approached the Minturn Cemetery District (MCD) for funding on March 13, 2017,
and were subsequently denied on April 18. Included is our request for funding from MCD, MCD
financials and MCD's letter of denial. The VMP approached the MCD because the TOV is in-
cluded in the boundaries of their Special District. In 2017, the mil levy will raise approximately
$503,000, of which $447,000 comes directly from the TOV. The VMP cemetery status 501(c)
(13) qualifies it for a portion of this dedicated revenue source.
Following the denial from the MCD, the VMP Board then approached the County Com-
missioners, who currently have staff looking into the matter. As a Special District within Eagle
County, the commissioners ultimately appoint the MCD Board members and certify mil levy dis-
bursements. Pending the outcome of this review, the interim funding solution is to request a
contribution from the town. In the event the MCD changes it's decision and funds the VMP, the
town's contribution would be returned.
11.b. How does your request support the item 1C of the contribution policy? Until the advent of
the VMP, Vail did not have it's own cemetery. It had proven to be a controversial subject over the
years. On one epic election, Vail voters chose to operate and maintain but not provide funding.
The development of a final resting place and memorial to those departed is as essential to the
core of the community as documents it's history (CO Ski and Snowboard Museum), educating
and communicating with our constituency (ch 5), providing for the safety, health and education
of our children (Eagle Valley Child Care), and nurturing the natural and beautiful environment in
which we live (Betty Ford Alpine Garden). This town amenity completes the fiber of this commu-
nity.
12.Who Currently funds your organization? 13 Years ago the town agreed to a $50,000 loan to
jump start the VMP. When the Board presented the repayment to the Town Council, the council
in turn donated it back to the VMP. At that same time a fundraising effort within the Vail Commu-
nity raised $418,923 for the initial development. Currently the VMP relies solely on user fees in
the form of memorial selections of which 49% is retained in a perpetual endowment fund, and
51% for operations and future construction and improvements.
13. Organization's mission statement: Per our bylaws; "The mission of the Vail Memorial Park is
to serve to celebrate, remember and honor the lives of the many people who have helped define
Vail though their experiences and contributions. By paying tribute to these diverse individuals,
the Foundation will strengthen our sense of community, build upon our history and connect with
others who share a spiritual passion and love for Vail"
June 20, 2017 - Page 185 of 50:
2017 Application for Funds from Minturn Cemetery District
This application is being made on behalf of the Vail Memorial Park Foundation, LLC (the
"VMP") pursuant to C.R.S. §30-20-801 et seq. The VMP is a 501(c)(13) non-profit Cemetery
Company established in 2004. The VMP's goal is to provide a natural environment where people
can be memorialized and celebrated while simultaneously providing everyone the opportunity to
become a part of Vail's history.
I. Establishment and Services of the VMP
A. Establishment of VMP
The Vail community has long acknowledged the need for a memorial park/cemetery within the
boundaries of the Gore Creek Valley. In 2001, the public approached and encouraged the Vail
Town Council to investigate sites throughout the Gore Creek Valley for the purpose of establish-
ing the VMP. Acknowledging this need, the Vail Town Council and Town of Vail formed a citi-
zen task force to review possible sites and to formulate an appropriate design concept.
In 2003, the Vail Town Council selected the ultimate location of the VMP. The VMP is located
on the bike path, across Gore Creek to the southwest of the East Vail exit (exit #180) from I-70.
Formerly used as a sheep pasture, the 11+ acre site is designated as open space and the VMP
leases this property from the Town of Vail pursuant to a 99 -year lease Thanks to the vision of the
founders and the commitment of the Vail Town Council, this previously undeveloped site has
been gradually transformed into a tasteful and meditative memorial site designed to embrace the
natural environment.
The purpose of the VMP was not to create competition with other existing cemeteries, but to of-
fer a complementary alternative to the then -existing cemeteries in Eagle County. Although other
memorial alternatives already existed in Eagle County, the simple truth was that the majority of
Vail's citizenry identifies with the Town of Vail as their home.
B. VMP'sGovernance
The VMP is governed by a five (5) to seven (7) member Board of Directors ("BOD"). The BOD
has staggered 4 -year term limits Similar to the governance of the Riverview Cemetery, VMP's
bylaws provide that no Director may receive remuneration or payment in any form. All finance
and budgeting decisions are handled directly by the BOD and the BOD is also responsible for the
hiring and oversight of an independent contractor who serves as the VMP Administrator. The
BOD meets on a monthly basis in the summer months and a bi-monthly basis in the winter
months. Meeting minutes are kept at each meeting and are available upon request.
C. Services Available at VMP
The VMP celebrates and honors the lives of people who helped to define Vail though their expe-
riences and contributions to the Vail community. All people who feel connected to Vail have a
June 20, 2017 - Page 186 of 50;
place in the VMP. Accordingly, the VMP provides a place where those who have lived in Vail, or
loved the Gore Creek Valley, can be memorialized. Although non -cremated burials are not per-
mitted within the VMP, any current or past resident of Vail or Eagle County and anyone who
feels an emotional and/or spiritual connection with the region is invited to purchase a memorial
inscription and bury and/or scatter ashes in the VMP.
Several types of memorials are available within the VMP. Memorial inscriptions can be placed
on stones in shoulder -height, dry stacked walls, or on free-standing boulders. Stone benches are
also available in limited numbers as larger -sized memorials. Additionally, ashes of cremated re-
mains can be scattered in designated areas and/or buried in biodegradable urns behind the memo-
rial walls or under memorial stones.
Much like the people of Eagle County, each stone in the VMP is unique. The stones available for
inscription have been hand -selected for their shape, hardness and fine-grain quality. These hard
stones will hold an inscription much longer than softer stones. Only pre-set stones are available
for inscription and a memorial purchaser must choose from the available inventory of these pre-
set stones.
Formal memorial services are also available in the VMP. In fact, many of Vail's founders have
been memorialized in the VMP and their families have held services in their honor at the VMP.
As shown in the Service and Sales Summary Table below, the VMP averages about six (6)
memorial services in the VMP per year. The VMP charges a minimal fee for these services.
Vail Memorial Park Service and Sales Summary:
Year
Wall Stone
Inscriptions Sold
Boulder
Inscriptions Sold
Bench
Inscriptions Sold
Internment of
Ashes
Services
Held
2004
17
8
2
1
3
2005
15
4
.3
0
5
2006
7
.6 .
2 .
2
5 . .
2007
18
1
1
2
6
2008
9
.9 .
2 .
3
3 . .
2009
6
5
3
5
5
2010
5
.9 .
2
3
4
2011
7
8
4
2
9
2012
5
.6
2
3
8
2013
14
7
1
6
8
2014
4
5
2
2
5
2015
14
6
2
2
9
2016
8
11.
2
2
10
June 20, 2017 - Page 187 of 50;
II. VMP Sustainability
A. Initial Financing; Phase I and Phase II the VMP
Through an initial fundraising campaign in the winter of 2003-2004, the VMP was able to raise
approximately $470,000.00 though private donations. These initial funds were raised by and in
the Vail community and allowed the VMP to build Phase I of the VMP, which was completed in
the summer of 2004. Phase I included the area known as the "Meadows" as well as a gathering
area at the entrance of the VMP.
At its inception, the VMP established, and the Town of Vail approved, a master plan for the
VMP's 11 acres. This plan includes phases for expansion as needed. Subsequent to the comple-
tion of the Phase I in 2004, the interest in the VMP and the sale of much of VMP's inventory
forced the VMP to explore Phase II of the master plan. In the fall of 2008, Phase II of the VMP
was completed and sections of the VMP known as the "Aspens" and "Spruces" were developed.
These new areas included additional walking paths, boulders, benches and a dry -stack wall. The
development of Phase II was paid for entirely by the initial 2003-2004 funding campaign as well
as sales of the VMP's inventory.
B. SustainableFinancing
In addition to the VMP's plans for sustainable physical growth, VMP has also established a sus-
tainable fiscal policy. Unlike the Minturn Cemetery District/River View Cemetery, the VMP does
not have a steady stream of revenue generated by real estate taxes. Thus, the VMP has been op-
erating on a very tight budget for nearly 13 years. For free and on a volunteer basis, the BOD of
the VMP performs all bookkeeping and accounting, provides all computers and software and
maintains the records of the VMP.
In order to continue its operations, the pricing of the various stones throughout the VMP is de-
signed to cover the VMP's current operating expenses as well as provide support for the VMP's
perpetual fund. For each stone that is sold, 49% of the proceeds from the sale go to the perpetual
fund and 51% go toward the VMP's operations budget. The perpetual fund has not and will not
be used for operations. The purpose of the perpetual fund is to sustain the VMP when the VMP
reaches capacity and sales are not available to sustain the operations of the VMP. Ultimately,
VMP's goal for the perpetual fund is to raise $2 million to cover VMP's costs. Currently, the
perpetual fund holds approximately $720,000.00 while the operations account holds approxi-
mately $210,000.00.
June 20, 2017 - Page 188 of 50;
Other than its initial financing effort, the VMP has not received any source of funding other than
from the sales of its memorials. VMP is proud that it has not been forced to ask for additional
funding from the Town of Vail or its constituents since the opening of the VMP in 2004. Fur-
thermore, it is highly unlikely that the very large donations that were provided in 2004 would be
provided again.
III. Request from Minturn Cemetery District
A. Needs Assessment/Request
The VMP's inventory of available memorial stones has been depleted. In an effort to provide ad-
ditional options to the public and to continue the sales of desirable and available products, the
VMP needs to develop Phase III of the master plan. Phase III would include the construction of
another dry -stack wall, an improved and expanded path system throughout the VMP, excavation
of certain areas and the placement of additional boulders and benches.
The VMP originally wanted to begin construction of Phase III in the fall of 2016. To begin this
process, the VMP engaged the local landscape architect who designed Phases I and II, received
bids from various excavation companies, and received bids from Gallegos masonry for the vari-
ous stones that would be placed in Phase III. The cost of this work has greatly increased since the
VMP's last expansion in 2008 and, unfortunately, due to financial constraints, the VMP elected
to delay the development of Phase III indefinitely.
The estimated cost of the entirety of Phase III is approximately $220,000.00. As you can see
from the VMP's current financials (enclosed herewith) the VMP may be able to afford the expan-
sion into Phase III through use of its operations account (1st Bank Checking). However, the cost
of this expansion would completely deplete the VMP operations account and leave the VMP with
nothing. The VMP is very wary of the dangers associated with depleting its operations account,
as it may cause financial ruin for the VMP. It is because of this concern that the VMP elected to
delay the development of Phase III and to seek financial assistance for the first time since 2004.
As stated above, the VMP is in need of expansion. Such expansion increases the work required to
maintain and operate the VMP. The BOD currently performs all of the VMP's accounting and
office tasks for free and on a volunteer basis. Many of these tasks will likely be outsourced as the
VMP expands. Furthermore, the VMP's Administrator, who, among other tasks, maintains the
VMP, assists with memorial services, meets with prospective clients, sells memorial inscriptions,
inscribes the stones, and updates and maintains the VMP website is paid only $31,150.00 for his
June 20, 2017 - Page 189 of 50;
services. As the VMP continues to expand, these services will undoubtedly require additional
work and compensation.
Taking the foregoing into account, the VMP is hereby requesting the following from MCD:
§ $50,000.00 for 2017
§ Beginning in fiscal year 2018, VMP is also requesting 18% of MCD's annual mil
levy in perpetuity.
B. The VMP's Request Complies with Colorado Law
The Minturn Cemetery District ("MCD") was created in 1929 and encompasses the towns of
Minturn and Vail. The MCD falls under the purview of Colorado Revised Statute §30-20-801
et seq. Accordingly, the MCD is a body corporate with the powers expressly granted to it pur-
suant to Colorado law. The VMP's request for funding is permissible under the powers granted to
the MCD.
One of the powers granted to the MCD is to draw warrants upon the County Treasurer for
"cemetery purposes." (C.R.S. §30-20-805(e)). The request made by VMP herein is for cemetery
purposes.
"Cemetery" is defined by Colorado law as "any place, including a mausoleum, in which there is
provided space either below or above the surface of the ground for the interment of the remains
of human bodies." (C.R.S. §12-12-101(1.5)). Further, "Internment" is defined under Colorado
law as, "the permanent disposition of the remains of a deceased person by cremation, inurnment,
entombment, or burial." Taking these definitions into account, and as stated above, one of the
services that VMP offers is the burial or internment of the cremated remains of human bodies.
Thus, the VMP is a cemetery under Colorado law and the funding request for the VMP's expan-
sion and operating costs qualifies as cemetery purposes.
Additionally, the VMP is a Cemetery Company registered as an IRC 501(c)(13). This provision
of the Internal Revenue Code provides an exemption from Federal income tax for cemetery
companies owned and operated exclusively for the benefit of their members or which are not op-
erated for profit; and any corporation chartered solely for the purpose of the disposal of bodies
by burial or cremation which is not permitted by its charter to engage in any business not neces-
sarily incident to that purpose, no part of the net earnings of which inures to the benefit of any
private shareholder or individual.
June 20, 2017 - Page 190 of 50;
Again, VMP qualifies as a cemetery under both Colorado law and the Federal tax code, Accord-
ingly, VMP's expenses and the funding request herein falls within MCD's powers because the
funds would be used for cemetery purposes.
C. The VMP's Request Complies with MCD Governing Documents
The MCD's Bylaws do not prohibit MCD from granting the VMP's request. This request would
not exceed the MCD's appropriation for 2017 and no further financing request would be neces-
sary from the Board of County Commissioners. All that would be required to fund the
$50,000.00 request for 2017 and the annual request of 18% of the mil levy thereafter would be
for the BOD of the MCD to approve the request by motion and resolution as required under Sec-
tion 4(c) and Section 7(d) of the MCD's Bylaws.
The VMP is aware that the MCD/River View Cemetery's budget for 2017 has already been set.
The VMP is also aware that the MCD's budget includes a line item for "Misc & Other Contin-
gency" at a value of $140,000.00. Although this line item likely does not account for the VMP's
funding request, the VMP is asking the MCD to consider the option of using $50,000.00 of this
budgeted line item to provide for the $50,000.00 request herein.
D. VMP Invites MCD Board Member(s) to Attend VMP Meetings
The VMP would like to welcome any of MCD's Board of Directors to attend VMP's regular
meetings. In doing so, the MCD could be assured that the funds granted to VMP by the MCD
would only be used for cemetery purposes, and would not be used illegally, haphazardly or un-
wisely. Should the MCD grant the request herein, the VMP would be completely transparent and
would advise the MCD where each dollar is being spent.
The VMP would greatly appreciate the opportunity to work together in a collaborative fashion
with the MCD/River View Cemetery. The VMP believes the VMP and River View Cemetery can
coexist as complimentary partners in Eagle County and that by working together both entities
can provide a comprehensive and inclusive memorial experience for all.
The VMP thanks you in advance for your consideration of this request for funding.
June 20, 2017 - Page 191 of 50;
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Clrrttterr dr Ma LIS PTI
Argil 20.17
til Perk eCeerd of Direct
Rew. CSI kflialcer, Ctralrrrwr+
RQ fpr MAW
Vail, CO 81.1B581
Dear Cori Mrd 6aard I Ilem a:
Tharrk yad for your prederrlehpn el the Minium ium Cemeteryr ChetedrS Iktereh 13. 2017 rrre€tnN
Our 4r#ard we* anovurIQ+Md isit you and your board were even Do discussions Owl finding 0
WAY to War serve the reeldentS mil ars 0+ Wil and the Minlum Cemetery Dialricl,
ricludeg exploring the poeeidyf of briirriirg the Vail Memorial Park unper 1he euiviCee df the
d�trial,
As we et rrrmitred at the mierbog, t11* Minium Cemetery Daetrid Board met on Apr11 10, 2017 In
•z 1r. session to dugs your reVe5.1. * str.at# ,r 1.114. ritgEttklikek. and 10 seek Regal
guidance.
Folk:wog our executive session the board discussed your propose! In the fgul*r rree1irrg Al
tiaat tin % It Wel the urllirtirnE161$ OIZImica oI the board that we would be krtereited in jointty
explQrlri paeefbdrly a1 bringing the Vail Merneriel Park undef Ihe Iti,$pi r IIh t MInI'jin
cemerey Diana The tstArci univiimogthe opposed prowdirrg funds in 20.17 and intuture yearn
*i rugwipl*d pending further legal gurdarce
A11M
receiving *l a Wk./ring our April 1Q, 2017 meeting. we haws charred that w
nal provide flndrnp n 2017 as you requested. It appears that, among other issues. th*t
trintlefring public halt Tim 1 Detrici l0 21 prorate r.nsit' wrtfout a public purpose woukd
11rthi baa milk r' of Arlide 11, Paragraph 2 of the Colas Cons1hrhon The ecestrlulron
altltli a Welty MT riCit rrk ct'enyr d0 liOn .0r tr•Mt to. a'tiQP Elf oarrrpanyr, public
of pawns, In or Orjd of elate' unkies such d•onapon bereft the count', fed. public ute
That bong earl_ awe Wig forward to further disc -as ., to see if rnorppr rt.r9 the Val Merrionad
Parkhill th+k klirrtum Cemetery i* aibilitythatow6d tart tri envbes Piease let us
know hewr you would kke to pro'xr 7
r
Prep:l nt
June 20, 2017 - Page 194 of 50;
Vail Memorial Park
Statement of Assets, Liabilities Net Assets
As of Decembor 31, 2016
ASSETS
Currant At se LB
C!leak ling/Savings
Janney Perp al Cora Fund
rrtinril P Perpetual Savings
let Bank - Chocking
Deo 31.16
653,537.03
23, 595.94
255,880.62
Total Cheakinsaiv Ings. 934,013.55
TOt*I Current Assaf !34,13.55
Fixed Ass im
Cemetery Improvements 210,508.3g.
Equipment 24,17,4$
MCIumu lilted Depreciation -19,507.00
Teal Fixed Assets 215,019.87
TOTAL ASSETS 1,149,032, 47
LIABILITIES $ EQUITY
Equity
Pi rpetua I Care Fuad
Operaling Fund
Net Income
Total Equity
TOTAL LIABILITIES & EQUITY
722,345.93
314,693.92
111,9 2.57
1,149i 32.42
11.1411,032A2
June 20, 2017 - Page 195 of 50;
Vail Memorial Park
Statement of Revenues & Expenses
Jir1aary through December 20115
..1n . Dec 16
O IFr1u r IrKomeiEKpense
Income
wn burial perrietiail 500.00
Urn Burial 500.00
Mlcr i i 1s a0,250.00
Services-ntemoriiI _ 1,004.00
Total Inca,rrie 141,5000
Cross RriiIt 141.250.00
Expense
&ink Service Charges.¢
Conirt LbDr 51.160.00
Insoriplion p rtisr 5.3111.05
Irriurance 1. .9a
Lend Lee;i 40.00
Office Expanse 792.70
Park Moinlerwinge 3 .70
.Professional Fees 430.GO
!4A#rklin� 1,3$0.31
Miss Expense 150.27
Oeprec ialion Expense 1,248-00
Total Expense 45.111.35
Net Ordinary Fncame 95,9 05
G1�ar rncarneiExpense
Other Inp mq
Unrealized {3alrr11,.0#dl 4.052.54
interest Income 14,070.4.5
•.5
Total Other Income 10.02,1.4$
Other EY
Construction 1i)1t 2.g $.57
Total Other Ex per5sc 2,$e$.$7
Ned bkhrr Inc9rrri 1$.163112
mit Jricgrne 111.992,57
June 20, 2017 - Page 196 of 50:
The Vail Town Council agreed on March 2, 2004 to schedule consideration of requests for additional
town funding at the mid -year point, rather than considering requests on a case -by case basis throughout
the year. There are now two specific opportunities for organizations to request contributions — once
during the annual budget process for the following year and again in the current year. The purpose of
the mid -year review is to provide an opportunity for organizations that have newly identified
projects or unforeseen changes to their budgets to come forward all at the same time and for
Council to provide consistent criteria and evaluations. Contributions will be awarded to applicants
who can show the contribution will be used directly to benefit the entire community of Vail. Any
additional funding recommended at this time is subject to approval by ordinance of a supplemental
budget appropriation.
You are being sent this package because of your organizations recent request for mid -year funding. The
following items are included:
1) Contribution Policy/Disclosure
2) Application for Town of Vail Funding
3) Application for Town of Vail Funding/Balance Sheet
4) Application for Town of Vail Funding/Statement of Sources and Uses
A complete submission must be received at the Town of Vail by 5pm May 31, 2017 to qualify for
additional funding in 2016. Funding will be determined solely from the written application; no in-person
presentations will be held. If the Town Council has questions about your application, you may be
contacted by a staff member at a later date. Individual requests throughout the year, outside this
process, will not be considered.
If you have any questions on materials to be submitted, please do not hesitate to contact Carlie Smith,
Sr. Budget Analyst at 479-2119.
June 20, 2017 - Page 197 of 50:
CONTRIBUTION POLICY
TOWN OF VAIL
1 All contribution requests received by the Town of Vail will be processed in the
following manner:
A. All requests must be submitted in writing using the town's application for
funding. You may submit financial information (Balance Sheet and
Statement of Sources and Uses) ONLY if it does NOT exceed 2 pages in
length. Please do not attach additional information. Incomplete
applications and supplemental information will not be accepted. THE TOWN
COUNCIL WILL ONLY BE GIVEN YOUR COMPLETED APPLICATION FORMS.
NO SUPPLEMENTAL INFORMATION WILL BE GIVEN TO THE TOWN
COUNCIL.
B. All applications for midyear funding in 2017 shall be sent to the town by
May 31, 2017 by 5:00 P.M.
C. The Town Council will evaluate the various proposals based on their
direct benefit to the entire community of Vail, fulfillment of the Town's
mission, and how this contribution will affect our resort community's future health.
The Town Council's mission statement reads: In order to be the premier
international mountain resort community, we're committed to growing a vibrant,
diverse economy and community, providing our citizens and guests with
exceptional services and an abundance of recreational, cultural and educational
opportunities.
2. Disclosures to all applicants:
Notification of awards will be sent after the Council reviews the off -cycle
contribution requests in July.
A. No money will be disbursed until after the supplemental appropriation is
approved in July.
June 20, 2017 - Page 198 of 50;
APPLICATION FOR TOWN OF VAIL FUNDING
GENERAL INSTRUCTIONS
All applications must be submitted to the Town of Vail by May 31, 2017 by 5:00 P.M.. Please submit an
electronic version in a single file (please do not submit separate documents) via email to
csmith@vailgov.com. Any application received after that date will not be considered. No hard copies
are required.
For questions on the financial statements, please contact Carlie Smith at 479-2119.
PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK
1. Name of organization:
World Figure Sport Society
2. Contact person: Karen Courtland Kelly
3. Mailing address: 1991 Saranac Ave. #101, Lake Placid, NY 12946
4. Telephone: 518-304-3029
5. Members and Titles of your governing board:
Karen Courtland Kelly, President & Secretary
Patrick Kelly, Vice -President & Treasurer
Janet Lynn Salomon, Board of Director
Slavka Kohout Button, Board of Director
6. Amount of contribution requested:
(1) "Free" Day at Dobson Arena ($2,780) or more days if possible for the 2017 World Figure &
Fancy Skating Championships September 28 — October 1, 2017. Any officials
housing contribution would be greatly appreciated too.
7. Why was this not part of the normal contribution request process for 2016 budgeting (due
June 30, 2016)?
The 2017 World Figure Championships location process started in January 2017 so Vail had not
been considered as a host location until after June 30, 2016.
8. Organization fiscal year-end: June 1st, 2017
9. Are your books audited? New non -for-profit 501(c)(3) EIN #81-2904413
10. How will the contribution be used? Directly to the Dobson Arena and any Vail
housing property.
June 20, 2017 - Page 199 of 50;
11. How does your request support item 10 of the contribution policy?
The 2017 World Figure & Fancy Skating Championships has a
direct benefit to the entire community of Vail thereby fulfillment of the Town's
mission is furthered. The World Figure Sport Society may award future World
Championships to the town of Vail (in the September off season) so the
contribution can affect Vail resorts community's future health. The Town Council's
mission statement is also met by this World Championship on "Black Ice" which
will further Vail as a premier international mountain resort community. The event
brings a beautiful World Festival of Skating in the off season which helps to grow a
vibrant, diverse economy and community, providing citizens and guests with
exceptional services and an abundance of recreational, cultural and educational
opportunities.
12. Who currently funds your organization (other governments, private donations, user fees,
etc.)? Private donations and user fees.
13. Organization's mission statement:
The World Figure Sport Society's mission is to help keep skating beautiful by developing
the sport of Figure and Fancy Skating worldwide so that skating's endangered
structural foundation flourishes and does not become extinct.
(If more room is needed to answer questions, please use the back of this page.)
June 20, 2017 - Page 200 of 50:
APPLICATION FOR TOWN OF VAIL FUNDING
Balance Sheet
Instructions: Round all figures to the nearest dollar. Please present in as much detail as possible.
Most Recent Completed
Year (Date: 12/31/16 )
Assets: Cash 624.
Total Assets $ 624.
Liabilities: Sales Tax 52.
Total Liabilities $ 52.
Net Worth (Total Assets Minus Total
Liabilities) $ 572.
June 20, 2017 - Page 201 of 50:
APPLICATION FOR TOWN OF VAIL FUNDING
Statement of Sources and Uses or Profit & Loss Statement
Instructions: Round all figures to the nearest dollar. Please present as much detail as
possible.
Revenues:
Current Fiscal Year Budget
Total Direct Public Support $ 45,000.
Indirect Public Support 5,000.
Advertising 5,000.
Workshops 15,000.
World Figure Champ. & Fest 20,000.
Member Dues, Services, etc. 4,000.
Misc. Income 10,000.
Total Revenue $ 104,000
Expenses:
Business Expenses $ 6,000.
Contract Services 11,000.
Facility Rentals 36,000.
Operations 31,000.
Travel and Meetings 20,000.
Total Expenses $ 104,000.
Total Revenue Minus Expense $ 0
June 20, 2017 - Page 202 of 50:
Town of Vail
Friends of Mountain Rescue Support Request For 2017
May 10,2017
1. Name of Organization: Friends of Mountain Rescue (FMR)
2. Contact Person: Edward Lukes
3. Mailing Address: PO Box 1094, Edwards, CO 81632
4. Telephone: 980-470-9075
5. Members and Titles of Governing Board:
Vail Mountain Rescue Group Team Members:
Tom Howard President of Board
Dan Smith Vice President, Secretary of Board,
Sean McGinley Treasurer
Rev. Scott K. Beebe Membership Director for VMRG
Independent Directors:
Dr Reg Franciose MD Surgeon at Vail Valley Medical Center.
Jim Frein Investment Management Director
Edward Lukes Fund Raising Director
6. Amount of Contribution Requested: $15,000
7. Why was this not part of normal contribution request process for 2016 Budgeting
(due June 30, 2016)?
FMR only recently became aware of The Town of Vail's application process and grant
timetable.
8. Organization fiscal year-end: December 31.
9. Are your books audited?
No, however, if the Town of Vail wishes to make a contribution on the conditions that
FMR receive a satisfactory audit, FMR will be pleased to have this done.
1
June 20, 2017 - Page 203 of 50:
10. How will the contribution be used?
The contribution will be used to help build an Endowment Fund to be used to provide
for VMRG's annual operations and capital needs in future years. Following is an
explanation:
Before FMR's involvement, the rescue volunteers have had to spend valuable time each
year away from jobs, families and rescue training to raise money to fund their support
needs. As we are entirely staffed by volunteers, support needs are primarily training
costs plus the maintenance and purchase of equipment such as helmets, ropes, snow
machines, radios, ATVs, rafts, litters and trucks. For example, this year and next we
have a major need to replace 40 radios at $1,800 each so that VMRG is using the same
technology as local police, fire, ambulance, etc.
FMR was established to aid in these efforts and has now committed to raising a $2
million endowment to perpetually fund the group's yearly financial needs. Almost $1.2
million has already been raised from a combination of private individuals and local
businesses and foundations. With your help, we can expect to reach our aggressive goal
and ensure that Vail residents and visitors will be able to enjoy the back country
knowing that in the case of an emergency, there is a trained rescue group poised to
come to their aid.
11. How does your request support item 1C of the contribution policy?
This request directly meets the town's mission of "providing our citizens and guests
with exceptional services and an abundance of recreational, cultural and educational
opportunities" as follows:
It is not uncommon for residents and visitors to become lost or injured while enjoying
and exploring the backcountry. VMRG's all volunteer team makes themselves available
for missions every day of the year, 24 hours a day.
As more and more people come to live in and visit the Vail area, backcountry incidents
which require a response from a trained mountain rescue organization will become
more prevalent. VMRG is unique in providing that service. Staffed entirely by
volunteers and funded by a combination of private philanthropy and local government
and foundation grants, VMRG is ready year-round to respond to any backcountry
incident. In 2016 alone, VMRG was called on more than 125 events/rescues ranging
from lost hikers and climbers to injured snowmobilers and ATV users. Our volunteer
staff also participated over 100 training exercises resulting in the successful
recertification by the national Mountain Rescue Organization. We believe that a unit
such as VMRG is essential to reaching the goal of being a premier mountain resort
community. It has been estimated that building such a group on a non -volunteer
platform could cost as much as $3 million per year. FMR is committed to raising the
money to ensure that this service continues to be provided to the community essentially
free. Your grant can help us reach this goal.
A number of rescue stories are available on our web site at:
https://vailmountainrescue.org/vmrg-newsletters/.
2
June 20, 2017 - Page 204 of 50;
In addition to missions, every week a training session is conducted in the evening or
weekend for VMRG team members. In total, another 2,500 hours are devoted to
training in recent years.
VMRG is the only organization offering backcountry search and rescue services
including the training of volunteers. FMR is the only organization supporting the efforts
of VMRG through personal and foundation fundraising as well as investment
management.
VMRG also provides backcountry safety education to the community through weekly
TV8 interviews, school tours and presentations, and safety tips included in annual
mailing to over 13,000 residents of the county.
12. Who currently funds your organization (other governments, private donations, user
fees, etc)?
There is no charge to those who are rescued. All costs are covered by the fundraising
efforts of FMR and VMRG. It is universally believed that such charges would in some
cases discourage a victim from calling for help until it is too late. This is consistent with
the policies of the National Search and Rescue Association (NASAR), of which VMRG is a
member. Many persons rescued do make donations to support VMRG moving forward.
Donations come from many organizations listed in the attached in addition to many
individuals and foundations. Significant In -Kind donations come from Eagle County
Sheriff Department, Ambulance District and High Altitude Aviation Training Center in
Gypsum (HAATS).
Insignificant funding comes from State fishing and hunting licenses or CORSAR card
purchases. Those revenues are allocated to county sheriffs for extraordinary search and
rescue costs, not for regular operating expenses.
13. Organization's mission statement:
Friends of Mountain Rescue (FMR) was established to raise and manage money to
ensure that Vail Mountain Rescue Group (VMRG) has the resources to maintain a highly
trained and equipped search and rescue function.
VMRG exists to save lives by providing backcountry search and rescue, as well as public
education on back -country safety. The group, which does not charge for its services, is
responsible for all search and rescue operations in the unincorporated areas of Eagle
County.
14. Balance Sheet: See attachment
15. Statement of Sources and Uses or Profit and Loss Statement: See Attachment
16. Current Fiscal Year Budget: See attachment.
Attachments:
2016 Revenue and Expenses
2016 Year End Balance Sheet
2017 Revenue and Expense Estimate
List of Supporting Organizations
3
June 20, 2017 - Page 205 of 50;
Business and Organization Supporters of Friends of Mountain Rescue and Vail Mountain Rescue Group
as of March 13, 2017
A+ Handyman, Inc.
Aljouny Condo Account
Allegria Spa
Alpenrose
Alpine Bank
Alpine Builders Hardware
Alpine Club
Alpine Quest Sports
Amarc Inc
Antlers
A -Peak, INC.
Apex Mountain School
Ascent Sotheby's Reaty
Aspen Food Service Inc.
Avon Bakery
Bald Mountain Townhouse
Beaver Liquors
Beverage Distributors
Blue Moose
Blue Plate Bistro
Bobs Place
Bookworm
Brown Shoe Company
C Denton Advisors Inc
Cafe Milano
Catalyst Foundation
Cayman Kiss Hair Co
Charter Sports
Chicago Backpackers
Christy Sports
Collett Enterprises Inc
Colorado Business Bank
Columbine Bakery and Cafe
Comerford Insurance Agency
Coors
Cos Bar
Country Club of The Rockies
Crazy Mountain Brewery
De Sena Associates
Diamante Cabo San Lucas
Digits Nail Boutique
Dromma Designs
Dutch Automotive LLC
June 20, 2017 - Page 206 of 50;
Eagle County Courts
Eagle Ranch Golf Club
Eagle Vail Golf Club
Eagle Valley Community Fund
El Pomar Foundation
Elway's Cherry Creek
Epic Promise
Eric Johnson architect, p.c.
e -Town
Ewing Trucking and Construction
Fox Hollow LLC
Gasthof Gramshammer Inc
Gerstenberger Family Trust
Golden Eagle Inn
Gore Range Brewery
Gorsuch Family
Grouse Mountain Grill
Gypsum Creek Golf Club
Haute Route Gear & Apparel, Inc
Henry Levine, M.D., Family Foundation, Inc.
High Country Copiers
Inspirato LLC
J. W. Marriott - Denver
Juniper Resturant
Kalstrom Energy Partners LLC
Ken Kanners & Associates, LLC
Kimberly's Fine Jewelry
Kirby Cosmos
Kitchen Collage
La Cantina at Vail
Lee's Web Gallery
Loaded Joe's
Lone Star Security & Safety Services
Lowe's Denver Hotel
Magustos
Marmot
Maya Resturant
Minturn Anglers
Mirabelle Resturant
Montana's Smokehouse
Mountain Standard Restaurant
Mount -N -Frame, Inc.
Naturescapes Landscape Specialists, Ltd.
North West Roofing
Northside Coffee Kitchen
Nova Guides
June 20, 2017 - Page 207 of 50:
Off -Piste Sports
Old Gypsum Printer
O'Reilly Hospitality Management
Oursiman Company LLC
Park Hyatt Beaver Creek Resort
Pazzo's Pizza
Peak Resort Services Inc
Pia Design
Piney River Ranch
Piper Architecture
PMG Mountain Homes LLC
Portofino Jewelry
Prudential Financial Inc.
QDW Properties LLC
QEP Resources
Red Mountain Grill
Red Sky Ranch
Riverwalk Wine & Spirits
Robuck Petroleum LLC
S & S Cottonwood Avon, LLC
Sarah's Massage
SCM Development Company
Sign Design & Awning LLC
Simply Massage
Slifer, Smith and Frampton Foundation
Smiling Moose Deli
Sonnenalp Country Club
South Point Hotel and Casino
Sports Authority
Sportube
Springhill Medical Inc.
Stand Up Paddle Colorado
Starbucks of Edwards
State Bridge
Subtop, Inc.
Surefoot
Sweet Basil
Ten Mile Creek Kayaks
Terra Bistro
The Club at Cordillera
The General Store at Lionshead Inc
The Osprey at Beaver Creek
The Pines Lodge
The Red Lion
The Sebastian
The Sonnenalp of Vail Foundation
June 20, 2017 - Page 208 of 50:
Ti Amo
Triangle Services
Tuscan Resort
TV -8
Unlimited Adventures
Vail Fine Art
Vail Golf Club and Vail recreation District
Vail Mountain Coffee & Tea Co.
Vail Pinball Association
Vail Racquet Club
Vail Resorts
Vail Resorts EpicPromise
Vail Surgical Center
Vail Valley Anglers
Vail Valley Foundation
Vail Valley Partnership
Vail Valley Pharmacy
Vail Valley Rolfing
Vail Vision
Valley Girl Boutique
Vista at Arrowhead
Vorlaufer Condominium Association
Walt Horton Studios
Walter Properties LLC
Wayne Haskins Construction Inc.
Westcliffe Housing Foundation, Inc.
Westin Riverfront Resort
Weston Snowboards
Whitman Wonderland, LLC
Yama Sushi
Zola Muntu Program Consultants
June 20, 2017 - Page 209 of 50:
Friends of Mountain Rescue
2017 Revenue and Expense
For Twelve Months Ending December 31, 2016
REVENUES
FUNDRAISING REVENUE
Auction Items $ 58,735
Benefit Tickets $ 30,430
Merchandise Sales $ 3,340
Donations $ 239,892
TOTAL FUNDRAISING REVENUE $ 332,397
COSTS RELATED TO FUNDRAISING
EVENT RELATED EXPENSES
Auction Items $ (21,833)
Benefit Expenses $ (12,110)
Merchandise $ (1,805)
TOTAL EVENT RELATED EXPENSES $ (35,748)
DONATION RELATED EXPENSES
Bank / Credit Card Fees (6,345)
Database and Web Site $ (4,785)
Direct Mail Expense (Note 1) $ (15,564)
Marketing $ (1,621)
Postage $ (262)
TOTAL DONATION RELATED EXPENSES $ (28,577)
INVESTMENT INCOME
Dividend, Interest (Securities) $ 19,393
Interest -Savings, Short-term CD $ 92
TOTAL INVESTMENT INCOME $ 19,485
TRANSFERS
VMRG Donations for FMR $ 25,000
FMR Donations for VMRG
TOTAL OF TRANSFERS $ 25,000
NET OF ALL REVENUES less RELATED EXPENSES $ 312,557
EXPENSES
G & A EXPENSES
Accounting Fees $ 5,950
Business Registration Fees $ 10
Insurance - Liability, D and 0 $ 3,037
Investment Fees $ 150
Supplies $ 13
TOTAL G & A EXPENSES $ 9,160
CHANGE IN NET ASSETS $ 303,397
Notes:
June 20, 2017 - Page 210 of 50:
FRIENDS OF MOUNTAIN RESCUE GROUP
Comparative Balance Sheet
For the Fiscal Years Ending December 31, 2016 and December 31, 2015
12/31/2016 12/31/2015
ASSETS
Cash 134,849 124,945
Marketable Securities* 1,010,330 688,686
Inventory
Prepaid Expenses 4,450
TOTAL ASSETS 1,149,629 813,631
LIABILITIES
Accounts Payable
Total Liabilities
EQUITY
Unrealized Gains/(Losses) on Marketable Securities
Unrestricted Net Assets
Change in Net Assets
891 600
891 600
84,123 51,813
761,218 509,055
303,397 252,163
Total Equity 1,148,738 813,031
TOTAL LIABILITIES & EQUITY 1,149,629 813,631
*Investments are carried on the balance sheet at market value.
June 20, 2017 - Page 211 of 50:
Friends of Mountain Rescue
2017 Revenue and Expense Estimate
REVENUES
FUNDRAISING REVENUE
Auction Items $ 75,000
Benefit Tickets $ 40,000
Merchandise Sales $ 3,000
Donations $ 250,000
TOTAL FUNDRAISING REVENUE $ 368,000
COSTS RELATED TO FUNDRAISING
EVENT RELATED EXPENSES
Auction Items $ (10,000)
Benefit Expenses $ (34,000)
Merchandise $ (1,700)
TOTAL EVENT RELATED EXPENSES $ (45,700)
DONATION RELATED EXPENSES
Bank / Credit Card Fees $ (8,000)
Database and Web Site $ (3,000)
Direct Mail Expense (Note 1) $ (9,000)
Marketing $ (1,600)
Postage $ (300)
TOTAL DONATION RELATED EXPENSES $ (21,900)
INVESTMENT INCOME
Dividend, Interest (Securities) $ 30,000
Interest -Savings, Short-term CD
TOTAL INVESTMENT INCOME $ 30,000
TRANSFERS
VMRG Donations for FMR $
FMR Donations for VMRG $
TOTAL OF TRANSFERS $
NET OF ALL REVENUES less RELATED EXPENSES $
EXPENSES
(10,000)
(10,000)
320,400
G & A EXPENSES
Accounting Fees $ 7,000
Business Registration Fees $ 100
Insurance - Liability, D and 0 $ 3,200
Investment Fees $ 200
Supplies $ 100
TOTAL G & A EXPENSES $ 10,600
CHANGE IN NET ASSETS $ 309,800
Note 1: Related Direct Mail Donations about $90,000
June 20, 2017 - Page 212 of 50:
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 5, Series of 2017, Second Reading, An Ordinance of the Vail
Town Council approving an encroachment into an existing view corridor to accommodate
modifications to the Hill Building, located at 254 and 311 Bridge Street, Lots C & L, Block 5C, Vail
Village Filing 1, and setting forth details in regard thereto
PRESENTER(S): George Ruther, Director of Community Development
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, deny Ordinance
No. 5, Series of 2017.
BACKGROUND: The Hill Building is impacted by three adopted view corridors. One of the view
corridors is not affected by the proposed application to renovate the building. A second corridor is
affected, however, the building currently encroaches into the view corridor and the applicant is
proposing to significantly reduce the encroachment and substantial improve the view through the
corridor. The third view corridor will be affected by a minimal increase in the height of the building
and a chimney. In order to allow for this increase in height to occur, a view corridor encroachment
must be approved by the Vail Town Council.
STAFF RECOMMENDATION: The Town of Vail Planning & Environmental Commission has
reviewed the proposed view corridor encroachment request. Upon review of the request, the
Commission has forwarded its recommendation of approval to the Vail Town Council of the
request, as proposed. In making their recommendation, the Commission found that the proposed
encroachment complied with the criteria for review as outlined in the Vail Town Code. Therefore,
the Commission recommends the Vail Town Council approve Ordinance No. 5, Series of 2017 as
read.
ATTACHMENTS:
Description
Ordinance No. 5, Series of 2017
May 8 Staff Memorandum
Vicinity Map
Site Photos
Written Request
Plans Part 1
Plans Part 2
Review Memorandum
Response to View Corridor Encroachment Criteria
June 20, 2017 - Page 213 of 50;
Power Point Presentation
June 20, 2017 - Page 214 of 50;
ORDINANCE NO. 5
SERIES OF 2017
AN ORDINANCE OF THE VAIL TOWN COUNCIL APPROVING AN
ENCROACHMENT INTO AN EXISTING VIEW CORRIDOR TO
ACCOMMODATE MODIFICATIONS TO THE HILL BUILDING,
LOCATED AT 254 AND 311 BRIDGE STREET, LOTS C & L, BLOCK
5C, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, Vail Town Code § 12-22-6 allows the Town Council to approve
encroachments into existing view corridors by ordinance, upon the satisfaction of certain
criteria;
WHEREAS, the Town received an application to allow an encroachment into an
existing view corridor to accommodate modifications to the Hill Building, located at 254
and 311 Bridge Street (the "Application");
WHEREAS, at a properly -noticed hearing on May 8, 2017, the Planning and
Environmental Commission reviewed the Application, and thereafter voted to
recommend that the Town Council approve the Application; and
WHEREAS, on June 6, 2017, the Town Council held a properly -noticed public
hearing on the Application, and after considering the comments of Town staff, the
recommendation of the Planning and Environmental Commission and public input, the
Town Council wishes to approve the Application.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council finds that the Application satisfies the criteria set
forth in Vail Town Code § 12-22-6.C., by clear and convincing evidence.
Section 2. Based on such finding, the Town Council hereby approves the
Application, and authorizes the encroachment into the view corridor to accommodate
modifications to the Hill Building, located at 254 and 311 Bridge Street, as more
particularly described in Exhibit A.
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 affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
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June 20, 2017 - Page 215 of 50;
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 6th day of June, 2017 and a
public hearing for second reading of this Ordinance is set for the 20th day of June,
2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2017.
ATTEST:
Patty McKenny, Town Clerk
Dave Chapin, Mayor
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June 20, 2017 - Page 216 of 50:
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Q: I USERSI VAILIORD12017IHILL VIEW ENCROACH -0060117. DOCX
June 20, 2017 - Page 217 of 50:
TOWN OF VAIL $
Memorandum
To: Planning and Environmental Commission
From: Community Development Department
Date: May 8, 2017
Subject: A request for review of an Exterior Alteration, pursuant to Section 12-7B-7, Exterior
Alterations or Modifications, Vail Town Code, to allow for a renovation, and a request for
a recommendation to the Vail Town Council on an application for encroachments into an
existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View
Corridors, Vail Town Code, to allow for encroachments into View Point #1 for
modifications to the Hill Building, located at 254 and 311 Bridge Street (Hill Building)/Lots
C & L, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC17-
0010/PEC17-0012)
Applicant: Mr. Ed Anderson, dba Mt. Belvedere 45 LLC and 43-45 Riva Ridge
LLC, represented by Tom Braun, Braun Associates, Inc.
Planner: George Ruther
I. SUMMARY
The applicant, Mr. Ed Anderson, represented by Braun Associates, Inc, is requesting a review
of an Exterior Alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail
Town Code, to allow for a renovation to the Hill Building and a request for a recommendation to
the Vail Town Council on an application for encroachments into an existing view corridor,
pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to
allow for encroachments into View Points #1 and #4 for modifications to the Hill Building, located
at 254 and 311 Bridge Street.
The proposed renovation maintains the existing uses in the building. The existing uses include
retail use on the first floor or ground level of the building and residential uses on the second
floor and above levels of the building. The majority of the renovation occurs to the exterior of the
building and on the second floor and above levels of the building. To that end, the Exterior
Alteration applicant shall be reviewed for compliance with the zoning regulations prescribed by
the Commercial Core I zone district, the applicable elements of the Vail Village Master Plan, and
the recommendations of the Vail Village Urban Design Guide Plan.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the
evidence and testimony presented, the Community Development Department recommends
approval, with conditions, of this application, subject to the findings noted in Section VIII of this
memorandum.
II. DESCRIPTION OF REQUEST
June 20, 2017 - Page 218 of 50:
Mr. Ed Anderson, the owner of the Hill Building, located at 254 and 311 Bridge Street in Vail
Village, has requested the review of an Exterior Alteration application, pursuant to Section 12-
7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for an upper level
renovation and exterior re -skin of the Hill Building. To facilitate the proposed renovation and
ensure compliance with the Town's adopted building codes, the applicant is also proposing a 32
inch encroachment into View Corridor #4. The scope of work of the proposed renovation
includes:
• No change in existing uses (i.e. ground floor or street level retail, second floor and above
residential.
• An extensive renovation to the exterior materials of the building.
• Overall decrease of gross residential floor area (- 94 square feet).
• Increase of retail floor area of 76 square feet.
• Reduction in site coverage (- 371 square feet).
• Minor modifications to the massing and overall height of building (60% 33 ft. or less/40%
<43ft.).
• Increase in softscape landscape area (+ 5 square feet).
• Maintain the existing non -conforming enclosed parking space within the structure.
The proposed renovation is in compliance with the development standards prescribed by the
Commercial Core I zone district. Though the Hill Building is directly affected by three of
protected view corridors in Vail Village, the applicant is proposing to comply with said view
corridors, and is therefore, not proposing to either amend or encroach into the protected view
corridors.
According to the applicant,
"The goal of this renovation is to create a family home and to restore the Hill Building in
a manner that acknowledges and responds to its history, the early architecture of Vail
Village, and Town's design goals for Vail Village."
A vicinity map (Attachment A), site photos (Attachment B), applicant's narrative (Attachment C),
and the proposed site and architectural plans, (Attachment D) are attached for review.
III. BACKGROUND:
The Hill Building is one of the few remaining original structures in Vail Village. Since its original
construction in the early 1960's, a number of additions and changes have been made to the
building. However, no substantial additions or changes have been made in the last 20 years.
The ownership of the building remained unchanged for nearly 50 years. The Hill Building has
recently sold to new owners.
The current zoning designation of the property of Commercial Core 1 District (CC1) was
established as part of the original Town of Vail zoning regulations via Ordinance No. 8, Series of
1973, adopted on August 7, 1973.
IV. APPLICABLE PLANNING DOCUMENTS:
Town of Vail Page 2
June 20, 2017 - Page 219 of 50:
Staff believes that following provisions of the Vail Town Code, Vail Land Use Plan, Vail Village
Master Plan and the Vail Village Urban Design Guide Plan are relevant to the review of this
proposal:
Title 12 — Zoning Regulations, Vail Town Code
Section 12-78 Commercial Core 1 (CC1) District (in part)
12-78-1: PURPOSE:
The commercial core 1 district is intended to provide sites and to maintain the unique character
of the Vail Village commercial area, with its mixture of lodges and commercial establishments
in a predominantly pedestrian environment. The commercial core 1 district is intended to
ensure adequate light, air, open space, and other amenities appropriate to the permitted types
of buildings and uses. The zoning regulations in accordance with the Vail Village urban design
guide plan and design considerations prescribe site development standards that are intended
to ensure the maintenance and preservation of the tightly clustered arrangements of buildings
fronting on pedestrianways and public greenways, and to ensure continuation of the building
scale and architectural qualities that distinguish the village.
12-78-7: EXTERIOR ALTERATIONS OR MODIFICATIONS:
A. Subject To Review: The construction of a new building, the alteration of an existing
building which adds or removes any enclosed floor area, the alteration of an existing
building which modifies exterior rooflines, the replacement of an existing building, the
addition of a new outdoor dining deck or the modification of an existing outdoor dining
deck shall be subject to review by the planning and environmental commission (PEC).
VAIL LAND USE PLAN
CHAPTER 11— LAND USE PLAN GOALS / POLICIES:
The goals articulated here reflect the desires of the citizenry as expressed through the series of
public meetings that were held throughout the project. A set of initial goals were developed
which were then substantially revised after different types of opinions were brought out in the
second meeting. The goal statements were developed to reflect a general consensus once the
public had had the opportunity to reflect on the concepts and ideas initially presented. The goal
statements were then revised through the review process with the Task Force, the Planning and
Environmental Commission and Town Council and now represent policy guidelines in the review
process for new development proposals. These goal statements should be used in conjunction
with the adopted Land Use Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are as follows:
1. General Growth / Development
1.1. Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor and the
permanent resident.
1.3. The quality of development should be maintained and upgraded whenever possible.
Town of Vail Page 3
June 20, 2017 - Page 220 of 50:
1.4. The original theme of the old Village Core should be carried into new development
in the Village Core through continued implementation of the Urban Design Guide Plan.
1.12. Vail should accommodate most of the additional growth in existing developed
areas (infill areas).
4. Village Core / Lionshead
4.3. The ambiance of the Village is important to the identity of Vail and should be
preserved. (Scale, alpine character, small town feeling, mountains, natural settings,
intimate size, cosmopolitan feeling, environmental quality.)
VAIL VILLAGE MASTER PLAN
The Vail Village Master Plan identifies the purpose of the plan as follows:
"This Plan is based on the premise that the Village can be planned and designed as a
whole. It is intended to guide the Town in developing land use laws and policies for
coordinating development by the public and private sectors in Vail Village and in
implementing community goals for public improvements. It is intended to result in
ordinances and policies that will preserve and improve the unified and attractive
appearance of Vail Village. This Plan emphasizes the critical need to balance and
coordinate parking and transportation systems with future improvements to Vail
Mountain that will increase the "in and out of Valley" lift capacity. Most importantly, this
Master Plan shall serve as a guide to the staff, review boards, and Town Council in
analyzing future proposals for development in Vail Village and in legislating effective
ordinances to deal with such development. Furthermore, the Master Plan provides
valuable information for a wide variety of people and interests. For the citizens and
guests of Vail, the Master Plan provides a clearly stated set of goals and objectives
outlining how the Village will grow in the future."
The Vail Village Master Plan established six goals containing objectives, policies and action
steps. The following goals, objectives and policies are applicable to this major exterior
alteration proposal.
"GOAL #1 ENCOURAGE HIGH QUALITY REDEVELOPMENT WHILE PRESERVING
UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN
ITS SENSE OF COMMUNITY AND IDENTITY.
Objective 1.1: Implement a consistent development review process to reinforce the
character of the Village.
Policy 1.1.1: Development and improvement projects approved in the Village shall be
consistent with the goals, objectives, policies and design considerations as outlined in
the Vail Village Master Plan and Urban Design Guide Plan.
Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial
facilities.
Town of Vail Page 4
June 20, 2017 - Page 221 of 50:
Policy 1.2.1: Additional development may be allowed as identified by the Action Plan
and as is consistent with the Vail Village Master Plan and Urban Design Guide Plan.
Objective 1.4: Recognize the "historic" importance of the architecture, structures,
landmarks, plazas and features in preserving the character of Vail Village.
Policy 1.4.1: The historical importance of structures, landmarks, plazas and other
similar features shall be taken into consideration in the development review process.
Policy 1.4.2: The Town may grant flexibility in the interpretation and implementation of
its regulations and design guidelines to help protect and maintain the existing character
of Vail Village.
Policy 1.4.3: Identification of "historic" importance shall not be used as the sole means
of preventing or prohibiting development in Vail Village.
GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR -AROUND
ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE
COMMUNITY AS A WHOLE.
Objective 2.1: Recognize the variety of land uses found in the 11 sub -areas throughout the
Village and allow for development that is compatible with these established land use
patterns.
Policy 2.1.1: The zoning code and development review criteria shall be consistent with
the overall goals and objectives of the Vail Village Master Plan.
Objective 2.2: Recognize the importance of Vail Village as a mixed use center of activities
for our guests, visitors and residents.
Policy 2.2.1: The design criteria in the Vail Village Urban Design Guide Plan shall be
the primary guiding document to preserve the existing architectural scale and character
of the core area of Vail Village.
Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing
lodging and commercial facilities to better serve the needs of our guests.
Policy 2.5.2: The town will use the maximum flexibility possible in the interpretation of
building and fire codes in order to facilitate budding renovations without compromising
life, health and safety considerations.
GOAL #3 TO RECOGNIZE AS A TOP PRIORITY THE ENHANCEMENT OF THE WALKING
EXPERIENCE THROUGHOUT THE VILLAGE
Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other
improvements.
Policy 3.1.1: Private development projects shall incorporate streetscape improvements
(such as paver treatments, landscaping, lighting and seating areas), along adjacent
pedestrian ways.
Town of Vail Page 5
June 20, 2017 - Page 222 of 50:
Policy 3.1.2: Public art and other similar landmark features shall be encouraged at
appropriate locations throughout the Town.
Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged
throughout the Town in locations adjacent to, or visible from, public areas."
Chapter 7 of the Vail Village Master Plan identifies eleven Vail Village Sub -Areas. Within each
sub -area concepts are described which are meant to serve as "advisory guidelines for future
land use decisions by the Planning and Environmental Commission". The Vista Bahn building
is located within Sub -Area #3. Sub -Area 3# is as follows:
"This pedestrianized area of the Village represents the traditional image of Vail. A
mixture of residential and commercial uses, limited vehicular access, and inter-
connected pedestrian ways are some of the characteristics that distinguish this area
from other portions of the Village. With the exception of embellishing pedestrian
walkways, developing plazas with greenspace, and adding a number of infill
developments, it is a goal of the community to preserve the character of the Village as it
is today.
The core area, with it's predominantly Tyrolean architecture is the site of the earliest
development in Vail. Over time, a need to upgrade and improve infrastructure such as
loading and delivery facilities, drainage, paved surfaces and other landscape features
has become apparent. Many improvements to public spaces will be addressed as part
of an overall streetscape improvement project. There is also the potential to initiate a
number of these improvements in conjunction with private sector development projects.
Although it is a goal to maintain design continuity in the Village core, there will be
change in the core area's built environment. This is mostly due to the number of
Town of Vail Page 6
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properties that have not exercised their full development rights. Most notable among
these properties are the Red Lion Building, the Cyranos Building, the Lodge at Vail, and
the Covered Bridge Building. If each of these and other properties develop to their full
potential, there will undoubtedly be a significant increase in the level of development in
the Village core.
The Vail Village Urban Design Guide Plan has been the primary tool in guiding private
development proposals in the core area since 1980. The Guide Plan will continue to be
used in conjunction with the goals and design criteria outlined in the Vail Village Master
Plan. Infill and redevelopment proposals shall be reviewed for compliance with the
design criteria, goals, objectives and policies established in these respective plans."
V. SITE ANALYSIS
Address:
Legal Description:
Zone District:
Land Use Plan Designation:
Current Land Use:
Geological Hazards:
254 and 311 Bridge Street
Lots C & L, Block 5C, Vail Village Filing 1
Commercial Core 1
Vail Village Master Plan
Mixed -Use
None
Development
Standard
Allowed/Required
Existing
Proposed
Change
Lot/Site Area
5,000 sq. ft.
buildable
8,494 sq. ft.
8,494 sq. ft.
No
Change
Setbacks
No setbacks required by the
Vail Urban Design Guide Plan
No
Change
Building
Height
60% at 33 ft. or
less
40% at 33 ft. to
43 ft
60% at 33
ft. or less
40% at 33
ft. to 43 ft
62% at 33 ft.
or less
38% at 33 ft.
to 43 ft
+1'-2"
Density
25 DUs / acre of
buildable
2 units
2 units
No
Change
Parking
No parking on site
1 enclosed*
1 enclosed*
No
Change
Gross
Residential
Floor Area
(GRFA)
6795 sq. ft. (80%)
,
7,014 sq. ft.
(82.5%)
6,920 sq. ft.
(81.5%)*
- 94 sq.
ft.
Site
Coverage
6,795 sq. ft. (80%)
6693 sq. ft.
(79%)
6,322 sq. ft.
(74%)
371 sq.
ft.
Landscaping
No reduction in landscape area
allowed
Landscape
reconfigured
+ 5 sq. ft.
Note: * One lawfully established enclosed parking space exists on site. This one space may
remain, as is, pursuant to continued demonstration of compliance with the provision contained
in Chapter 18 of the Zoning Regulations of the Town of Vail.
Town of Vail
Page 7
June 20, 2017 - Page 224 of 50:
VI. SURROUNDING LAND USE AND ZONING
North:
South:
West
East:
Existing Use
Mixed Use
Open Space
Mixed Use
Open Space Town -
Owned Stream Tract
VII. REVIEW CRITERIA EXTERIOR ALTERATION
Zoning District
Commercial Core 1
Agricultural and Open Space
Commercial Core 1
Outdoor Recreation
It shall be the burden of the applicant to prove by a preponderance of the evidence before the
PEC that:
1. The proposed exterior alteration is in compliance with the purposes of the
CC1 district as specified in section 12-7B-1, Vail Town Code; and,
The commercial core 1 district is intended to provide sites and to maintain the unique
character of the Vail Village commercial area, with its mixture of lodges and commercial
establishments in a predominantly pedestrian environment. The commercial core 1 district
is intended to ensure adequate light, air, open space, and other amenities appropriate to
the permitted types of buildings and uses. The zoning regulations, in accordance with the
Vail Village urban design guide plan and design considerations, prescribe site development
standards that are intended to ensure the maintenance and preservation of the tightly
clustered arrangements of buildings fronting on pedestrianways and public greenways, and
to ensure continuation of the building scale and architectural qualities that distinguish the
village.
Staff finds the proposed exterior alteration is in compliance with the purpose of the CC1
District. The exterior alteration proposal will, "maintain the unique character of Vail Village"
and enhance the predominantly pedestrian environment. The proposed exterior alteration,
with its uniquely designed architecture and bulk and mass, further ensures the arrangement
of buildings fronting on the pedestrian way of Bridge Street and Wall Street. A building of
this architectural design and scale is precisely what was intended for Vail Village. As
proposed, the overall bulk and mass of the building remains the same, or is only slightly
larger. In several areas the mass of the building is being reduced as portions of existing
structure are being removed. In other areas, such as the roof, the height of the ridgeline is
being increased by up to nine inches.
Through the addition of 76 square feet net new retail area the applicant is obligated to
comply with the commercial linkage requirements prescribed in Chapter 12-23 of the Zoning
Regulations of the Town of Vail. Pursuant to the requirements, the applicant shall remit
payment to the Town of Vail of a fee in lieu payment in the amount of $6,483.70. The
payment is calculated as follows:
(76 net new sq. ft./1,000) x 2.4 per 1,000 = 0.1824 net new employees x 20% mitigate =
0.0365 employees x $177,733 = $6,483.70.
Town of Vail Page 8
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Staff finds the proposed exterior alteration meets this review criterion.
2. The proposal is consistent with applicable elements of the Vail Village Master
Plan, the Town of Vail Streetscape Master Plan, and the Vail Comprehensive
Plan; and,
Staff finds that the application is consistent with the Vail Comprehensive Plan, which
includes the Vail Village Master Plan and the Town of Vail Streetscape Master Plan,
because the proposal is an upgrade to an existing mixed-use structure. The intent of
Objective 1.2 with the Vail Village Master Plan is to, "encourage the upgrading and
redevelopment of residential and commercial facilities."
In making a determination of consistency with the applicable elements of the Vail Village
Master Plan, Town of Vail Streetscape Master Plan, and the Vail Comprehensive Plan, the
Town sought consultation from Jeff Winston, of Winston LLC. Mr. Winston has served as
the Town's Urban Design Consultant for over three decades. A copy of a memorandum
from Jeff Winston outlining his thoughts on consistency has been attached for reference. In
summary, Mr. Winston concludes the following:
• The application is consistent with all Urban Design Concepts
• The proposed building maintains and improves the existing level of consistency with
all of the applicable elements of the Vail Village Design Considerations
• Further consideration should be given to roof materials, facade materials and
windows, facade transparency, and landscape elements. Most notably, three large
spruce trees should be removed IF more transparency and unifying landscape can
be created as a result.
The applicant appeared before the Town of Vail Planning & Environmental Commission on
May 8th for a worksession. The purpose of the worksession was to present the proposed
plans for the renovation of the Hill Building and receive initial feedback from the Commission
and public. During the worksession the Planning & Environmental Commission members
shared the following comments and/or requested the following information be provided at
the time of final review:
• A comparison of the sun/shade analysis.
• An exhibit demonstrating impacts, if any, to the three adopted view corridors (#1, 2 &
4)
• The presence of stucco materials over top of wood on the exterior facade of the
building
• The stucco handrail atop the second floor deck.
• The articulation of the ground floor retail exterior facade.
• The ability to covenant or otherwise document the prohibition of vehicles parking on
town owned land and outside the one enclosed garage space.
• A presentation on how snow will be kept from shedding down onto the pedestrian
areas around the building.
• The apparent brightness of color of the proposed stucco.
• The use of gray colored stone on the chimneys of the building.
• The request that no new trees be added into already established view corridors.
Town of Vail Page 9
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The applicant has addressed each of the comments and requests and is prepared to
present their response at the public hearing.
Therefore, staff finds the proposed exterior alteration meets this review criterion.
3. The proposal does not otherwise negatively alter the character of the neighborhood;
and,
The proposal is intended to blend into the existing structure and all materials, finishes, and
colors will match existing conditions and not negatively alter the character of the
neighborhood. Instead, staff believes this exterior alteration application positively reinforces
and further enhances the character of the neighborhood and Vail Village. It is rare to review
an application that so extensively renovates a building in Vail Village which proposes to
reduce site coverage, decrease GRFA, increase landscape area, and maintain existing
density (du/ac).
Therefore, staff finds the proposed exterior alteration meets this review criterion.
4. The proposal substantially complies with the Vail Village Urban Design Guide Plan
and the Vail Village design considerations, including, but not be limited to, the
following urban design considerations: pedestrianization, vehicular penetration,
streetscape framework, street enclosure, street edge, building height, views,
service/delivery and sun/shade analysis.
The proposal has been reviewed for substantial compliance with the Vail Village Urban
Design Guide Plan and Vail Village Design Considerations. Upon review of the proposal,
staff generally finds the proposed exterior alteration meets this review criterion, with one
exception — view corridors.
The Hill Building is affected by three adopted view corridors (View Corridors #1, #2 and #4).
Staff has requested that the applicant provide additional information to demonstrate
compliance with the Town's adopted view corridors. View Corridor #2 will not be impacted.
The Hill Building is non -conforming as it relates to View Corridor #4. And, as proposed, a
very small portion of the renovated building encroaches into View Corridor #1.
An application for approval to encroach into View Corridor #1 has been submitted by the
applicant. The request is to allow for a 32 inch encroachment (8 inch increase in building
height plus a 24 inch tall chimney cap) of two chimneys beyond what presently exists today.
The reason for the increase in chimney height is to fully comply with the Town's adopted
building code standards. The applicant has submitted a written response to the view
corridor encroachment criteria outlined in Section 12-22-6 C of the Zoning Regulations of
the Town of Vail. Staff finds the applicant has demonstrated by clear and convincing
evidence that the encroachment meets each of the five criteria for consideration.
The Hill Building presently encroaches into View Corridor #4. Section 12-22-7 prescribes
direction for non -conforming encroachments into existing view corridors. In summary,
removal is encouraged, but not required. If maintained and not removed, the extent of non-
conformity shall not be increased. If reduced, but not fully removed, the new reduced extent
of encroachment shall be the basis for the remaining non -conformity. The applicant is
proposing to reduce the non -conforming condition and reestablish a new non -conforming
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condition. The new non -conforming condition reduces the current condition by nearly 90%.
Staff finds that the modifications being made to the building do not cause the structure to
encroach into View Corridor #4 to a greater extent than the existing structure.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends approval, with conditions, a request
for review of an Exterior Alteration, pursuant to Section 12-7B-7, Exterior Alterations or
Modifications, Vail Town Code, to allow for a renovation, and recommends the Commission
forwards a recommendation of approval for an encroachment into View Corridor #4, located at
254 and 311 Bridge Street (Hill Building)/Lots C & L, Block 5C, Vail Village Filing 1, and setting
forth details in regard thereto. (PEC17-0010/PEC17-0012)
Should the Planning and Environmental Commission choose to approve this exterior alteration
request, the Community Development Department recommends the Commission pass the
following motions:
"The Planning and Environmental Commission approves, with conditions, the applicant's
of a request for review of an Exterior Alteration, pursuant to Section 12-7B-7, Exterior
Alterations or Modifications, Vail Town Code, to allow for a renovation, located at 254
and 311 Bridge Street (Hill Building)/Lots C & L, Block 5C, Vail Village Filing 1, and
setting forth details in regard thereto. (PEC17-0010)
Conditions:
1. Approval of this exterior alteration request (PEC17-0010) is contingent upon the
applicant obtaining Town of Vail approval of an associated design review
application and view corridor encroachment application.
2. The applicant shall be required to meet the Commercial Linkage obligations at
time of building permit issuance. The applicant shall remit a fee in lieu payment
of $6, 483.70 to the Town of Vail.
3. The applicant and the Town of Vail shall review all existing pedestrian easements
to verify compliance with existing and proposed uses. Any changes to the
easements required shall be mutually agreed upon and recorded with the Eagle
County Clerk and Recorder's Office, prior to the issue of a building permit for the
proposed renovation.
4. The applicant shall submit a stamped Improvement Location Certificate (ILC) to
the Town of Vail, prior to issuance of the building permit indicating the existing
conditions of the Hill Building relative to View Corridor #'s 1, 2, and 4. Then, prior
to requesting any certificate of occupancy for the building, the applicant shall
submit a second ILC to the Town verifying that the building has been constructed
in compliance with the approved building permit set of plans.
5. The applicant shall cause a covenant or similar form of restriction to be recorded
with the Eagle County Clerk and Recorder's Office against the Hill Building property
(Lots C & L, Block 5C, Vail Village Filing 1) prohibiting vehicle parking from occurring
Town of Vail Page 11
June 20, 2017 - Page 228 of 50:
on town -owned land or otherwise outside the enclosed parking space within the Hill
Building. Further, the garage door to the enclosed parking space shall remain closed
when not in use for immediate ingress or egress. The restriction shall be in a form
reviewed and approved by the Town Attorney. Said restriction shall be recorded by
the applicant prior to any request for a certificate of occupancy for the Hill Building.
Should the Planning and Environmental Commission choose to approve this exterior alteration
request, the Community Development Department recommends the Commission makes the
following findings:
"Based upon a review of Section VII of the May 22, 2017 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented,
the Planning and Environmental Commission finds:
1. That the proposed exterior alteration is in compliance with the purposes of the
CCI District as specified in Section 12-7B-1 of the Zoning Regulations; and
2. That the proposal is consistent with applicable elements of the Vail
Comprehensive Plan; and
3. That the proposal does not otherwise negatively alter the character of the
neighborhood.
Should the Planning and Environmental Commission choose to recommend approval of the
view corridor encroachment request, the Community Development Department recommends
the Commission makes the following findings:
"Based upon a review of Section VII of the May 22, 2017 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented,
the Planning and Environmental Commission finds:
1. That the literal enforcement of this chapter would preclude a reasonable development of a
proposed structure on the applicant's land.
2. That the development of the structure proposed by the applicant would not be such as to
defeat the purposes of this chapter.
3. That the development proposed by the applicant would not be detrimental to the
enjoyment of public pedestrian areas, public ways, public spaces, or public views.
4. That the development proposed by the applicant complies with applicable elements of the
Vail land use plan, town policies, urban design guide plans, and other adapted master plans.
5. That the proposed structure will not diminish the integrity or quality nor compromise the
original purpose of the preserved view."
IX. ATTACHMENTS
A. Vicinity Map
Town of Vail
Page 12
June 20, 2017 - Page 229 of 50:
B. Site Photos
C. Written Request, dated April 10, 2017
D. Proposed Plans including Building Elevations, dated May 22, 2017
E. Review Memorandum, dated April 21, 2017
F. Response to View Corridor Encroachment Criteria, dated May 14, 2017
Town of Vail Page 13
June 20, 2017 - Page 230 of 50:
Hill Building
254 & 311 Bridge Street
Lots C & L, Block 5C, Vail Village Filing 1
e
0
25
50
I Feet
100
This map was created by the Town of Vail Community Development Department. 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: May 2, 2017 TOWN OF VAIL'
June 20 2017 - Paae 231 of 503
looking from southeast
June 20, 2017 - Page 232 of 503
looking from northwest
June 20, 2017 - Page 233 of 503
HILL BUILDING 2017
1roti
1,111111
•
01
looking from southwest
June 20, 2017 - Page 234 of 503
HILL BUILDING 2017
looking from east
June 20, 2017 - Page 235 of 503
HILL BUILDING 2017
looking from northwest
June 20, 2017 - Page 236 of 503
Hill Building Renovation
Exterior Alteration Application
April 10, 2017
Introduction
Purpose of this report is to provide a comprehensive description and evaluation of renovation
plans proposed for the Hill Building located at the top of Bridge Street and base of Vail
Mountain in Vail Village. Renovation plans will maintain existing retail use on the main level
and residential use on upper levels, but will thoroughly transform the building resulting in
significant enhancement to the architecture and appearance of the building. As outlined in
greater detail below, renovation plans conform to the zoning standards prescribed by the
Commercial Core I zone district (CCI) and have been designed in conformance with applicable
elements of the Vail Village Master Plan and the Vail Village Urban Design Guide Plan.
The review process for this project involves Planning and Environmental Commission review of
an Exterior Alteration application. This report and project information provided under separate
cover has been prepared in accordance with the provisions of Section 12-7B-7 Exterior
Alterations or Modifications for CCI. This project narrative has been prepared by Braun
Associates, Inc. and the design package has been prepared by 4240 Architecture.
i
- fora__ ..
These photos from the 60's show the Hill Building in its original form.
History of Hill Building
The Hill Building has played a long and important role in the history of Vail. Blanche Hill owned
the property for approximately 50 years and it was the site of one of Vail Village's earliest
developments. The original building was a relatively small structure designed by Fitz Hugh
Scott. The building epitomized the alpine style evident in many of Vail's original buildings. Vail
Hill Building Renovation
Exterior Alteration Application
1
June 20, 2017 - Page 237 of 50:
Blanche Hill Ski Shop, at the time Vail's first Ski Shop, was one of the original tenants of the
building. Residential use was added to the building in subsequent years and this home served
as Blanche Hill's personal residence.
Since the 60's a number of major additions were made to the building and for the past twenty
years the building has remained relatively unchanged. Additions were not always kind to the
clean, simple alpine architecture of Scott's original building. Additions were made in a
somewhat haphazard manner that resulted in a building lacking in coherency. Building
massing, roof lines and forms, and building materials are just some of the elements of the
building that are inconsistent with the Town's design architectural and urban design goals for
Vail Village.
The curved building corner at southwest corner of building, un -aligned roof lines, angled eaves and use of brick are
some of the existing building features that are inconsistent with the Town's architectural goals for Vail Village.
New owners who recently acquired the property have a long history with and appreciation for
Vail. Simply stated, their goal is to create a family home and to restore the building in a manner
that acknowledges and responds to its history, the early architecture of Vail Village and the
Town's design goals for Vail Village.
Overview of Project Parameters and Approach to Design
The proposed project is best characterized as a major renovation of the existing building. Basic
parameters for the scope of the project include:
• Land uses will remain unchanged with retail on the ground floor and a single residence
(with a small secondary unit) on upper floors.
Hill Building Renovation 2
Exterior Alteration Application
June 20, 2017 - Page 238 of 50:
• The first level retail store will remain relatively unchanged with only modest changes to
the floor area of this space. The exterior of the retail space will however see significant
changes to window treatments and a comprehensive re -skin of exterior wall materials.
• The upper levels will be removed with the exception of flooring and structural elements
of the building.
• While there will be major changes to interior spaces and the overall organization of the
residence, there will be only a slight decrease from Gross Residential Floor Area.
• The overall height of the building is relatively unchanged and there will be only nominal
increases to its existing ridge heights.
• The most notable changes to the building footprint include a small increase for a new
central stair to serve the residence and a reduction of building footprint on the south
side of the building.
In summary, when compared to a demolition/rebuild, the proposed building renovation is
relatively modest in scale.
The design approach for the renovation of the Hill Building is twofold; first, the goal is to heal
the building and its public surroundings by finding clarity amidst the building's evolution over
the past 50 years, and second, to acknowledge the evolution and character of the Town around
the Hill Building as the Town has matured into the founders' vision of a European alpine village
over the same time span. Because of the Hill Building's significance and interwoven history
with Vail Village, the basic form and massing of the building is retained (although an addition to
the southwest corner, blocking the view of the mountain from Wall Street, is to be
removed). Along Wall Street and at the south facade, the building is stepped back to reduce its
apparent mass and create a more favorable street experience for pedestrians.
While the original building and subsequent additions were executed in a modern alpine
character, the renovation focuses on finding an expression that is in harmony with the
traditional European alpine model which the Village has adapted since its inception. In place of
today's white -painted board -and -batten siding and horizontal wood railings, materials such as
stone, stained timbers, stucco, and decorative millwork have been selected to work together
with the building's surroundings and the Vail Village Urban Design Guide Plan. In connection
with these material selections, the ground -floor interface with the public realm is enhanced by
delineating the retail fenestration from the residential use above, presenting a more inviting
experience to pedestrians and helping to increase street activation. All of these refinements
have in mind breathing new life into a legacy building which will enhance the experience of Vail
Village for years to come.
Hill Building Renovation 3
Exterior Alteration Application
June 20, 2017 - Page 239 of 50:
Zoning Considerations
The following addresses how the proposal conforms to relevant zoning standards as prescribed
by the CCI zone district:
Site Area
The minimum lot size in Vail Village is 5,000 square feet. As permitted by Town Code (definition
of a "site"), "a site may consist of a single lot of record, a portion of a lot of record, a
combination of lots of record". The proposed site consists of two parcels, Lot L consisting of
.127 acres and a Portion of Lot C consisting of .068 acres. Total site area is .195 acres or 8,494
square feet. With these two parcels being designated the "site", all zoning standards are
applied to the combined parcels, i.e. no setback applies to the common lot line between the
two parcels, allowable density is based on both parcels, etc.
Setbacks
There are no prescribed setbacks in the CCI zone district. There are only minor changes
proposed to existing building setbacks. Building setback is reduced slightly on the south side of
the building and slightly increased by two expansions on the east side of the building. A
number of existing upper floor decks and portions of the roof extend over property lines. In
some cases these encroachments are removed. In other cases the decks are retained but with
no increase to the extent of existing encroachments.
Density Control
Allowable GRFA is 6,795 square feet. Existing GRFA is 7,014 square feet. Section 12-7B-19
Reconstruction of Existing Uses; Compliance Required allows for any building within CCI to be
re -constructed to "the same or substantially the same enclosed floor area provided the building
substantially comply with the applicable provisions of the Vail Village Urban Design Guide Plan
and Design Considerations".
6,920 square feet of GRFA is proposed. This exceeds allowable GRFA by 125 square feet but is
94 square feet less than what could be proposed in accordance with Section 12-7B-19. Refer to
the section below for how the project complies with applicable provisions of the Guide Plan.
Site coverage
Site coverage is limited to 80% of site area unless otherwise prescribed by the Vail Village urban
design guide plan and design considerations, or 6,795 square feet. Existing site coverage is
6,693 square feet (79%). Proposed site coverage is 6,322 square feet (74%).
Hill Building Renovation 4
Exterior Alteration Application
June 20, 2017 - Page 240 of 50:
Landscape
Landscape standards state that no reduction to existing landscaping is to occur unless
"sufficient cause is shown by the applicant or as specified in the Vail Village design
considerations". The definition of landscaping includes, among other things, planted areas and
plant materials, including trees, shrubs, lawns, flowerbeds and ground cover, .... and core
development such as walks, decks, patios, terraces, water features and like features not
occupying more than 20% of the landscaped area". Existing landscape area consists of 586
square feet of softscape area and 1,796 square feet of hardscape areas. Given that existing
hardscape areas exceeds the 20% of total landscape area, the key factor in conforming to the
"no reduction" standard is the change to softscape areas.
Proposed softscape area is 591 square feet. While nominal, there is a slight increase to
softscape area. Notable changes to existing landscaping include a new planter bed on the
south side of the building, removal of a small planter on the west side, re -design and expansion
of planters on the north side and removal of planters on the east side to allow for re -design of
the residential entry and improved visual access to storefront windows.
The removal of four spruce trees on the east side and southeast corner of the property is
proposed. Three of these trees are located on Town of Vail land. There are a number of
reasons for the removal of these trees:
• The trees are likely 50 years old and have simply outgrown their location.
• The trees are literally engulfing the existing structure and represent a wildfire and safety
hazard.
• The trees present a major hindrance to the construction of the renovated building.
Trees more suitable for the "urban" setting of the project are proposed for these areas.
Two crab trees located at the south side of the building are also proposed for removal. These
trees are located on Vail Resorts property. Vail Resorts has provided verbal approval for these
trees to be removed. Currently these trees are located in front of a large, blank wall. As
proposed, this blank wall will be replaced with a new "storefront" with display windows.
Removal of these trees will open up views to these windows.
Hill Building Renovation 5
Exterior Alteration Application
June 20, 2017 - Page 241 of 50:
Existing trees have outgrown their location and present safety and logistic challenges that warrant their removal.
Parking and Loading
The proposed renovation will have no effect on required parking.
An existing garage parking space is located on the property. As a part of the proposed building
renovation, the garage will remain and will not increase in size, location or shape. The space is
a non -conforming use and is permissible to remain in accordance with Chapter 18 -Non -
Conforming Uses of the Zoning Code. The space is can also remain based on the Mall Act of
1972. The Mall Act was adopted by the Town in order to limit vehicular access and strengthen
the pedestrian character of Vail Village. The Mall Act did however, acknowledge specific to
vehicle use on Bridge Street that vehicle access would be permitted to existing parking spaces.
The garage in the Hill Building was in place at the time the Mall Act was adopted and as such
access to this space is permitted.
Hill Building Renovation 6
Exterior Alteration Application
June 20, 2017 - Page 242 of 50:
Vail Village Urban Design Guide Plan
The Guide Plan/Sub-Area Concepts:Gore Creek Drive/Bridge Street
The Guide Plan/Sub-Area Concepts of the Urban Design Guide Plan identify physical
improvements that are desired for the Village. In most cases improvements address the public
domain or encourage private development to be designed in response to the urban design
goals of the Plan. There are no such improvements identified by the Plan that are proximate to
the Hill Building.
Design Considerations/Urban Design Considerations
The Urban Design Guide Plan includes two categories of design considerations — Urban design
considerations address large-scale land use planning issues as well as form considerations and
are primarily the Planning and Environmental Commission. Architectural and Landscape
Considerations are reviewed primarily by the Design Review Board. Below is an assessment of
how the project addressed the eight Urban Design Considerations:
1. Pedestrianization
The Hill Building is bordered by pedestrian -only streets and pedestrian streets with
limited delivery traffic. Given the relatively limited scope of this project, particularly
there being no change to existing land uses, the proposal will have no change to existing
pedestrianization.
2. Vehicular Penetration
The proposal will have no change to vehicular penetration in or around the site.
3. Streetscape Framework
Streetscape framework addresses how landscaping and commercial storefronts can
influence the quality of the walking experience in Vail Village. While there is only a
nominal change to existing softscape areas, landscape improvements will create better
defined planter beds on the north side of the property, add new planter beds to the
south side and replace three over -grown trees with new trees and planting beds.
Expanded storefront windows will be provided on all sides of the building. Of particular
significance are new windows on the east and south sides of the building that will
provide architectural interest to the building and visual interest for the pedestrian.
4. Street Enclosure
Hill Building Renovation 7
Exterior Alteration Application
June 20, 2017 - Page 243 of 50:
While proposed renovations will provide some improvement to Streetscape Enclosure,
views and how pedestrians move around the building, the limited scope of changes to
the building will not result in any meaningful change to Streetscape Enclosure.
The second floor at the northwest corner of the building will be pulled back a distance
of approximately 6'. This will "open up" the corridor between the Hill Building and the
neighboring Plaza Lodge, providing an improved ratio between this walkway and the
two adjacent buildings. The second floor of at the southwest corner of the building will
also be pulled back. This change will open a wider view plan to Vail Mountain for
pedestrians walking south through this plaza area.
5. Street Edge
With the nominal changes proposed for the main level of the building there are no
significant changes to how the building influences Street Edge considerations.
6. Building Height
Only nominal changes occur to the roof. Proposed ridgelines are equal to or only 1-2'
higher than existing ridge lines and are well within allowable building heights. The
proposed roof conforms to the 60/40 split with 38% of the roof being over 33' and
under 43'.
7. View Corridors
Adopted view corridors #2 and #4 are proximate to the Hill Building. Proposed changes
respect both of these view corridors.
View Corridor #2 is from Seibert Circle to Vail Mountain and the purpose of this corridor
is to "protect views of the ski runs and ski base as seen from upper Bridge Street". The
westerly plan of this corridor runs along the eastern edge of the Hill Building. As
depicted on plans provided, the proposed building does not encroach into this view
corridor.
View corridor #4 is in the corridor between the Hill Building and the Plaza Lodge, the
purpose of this corridor is to "protect views of the Gore Range as seen from the alley
between Founders Plaza and Seibert Circle". Proposed changes to the north side
include the removal of existing upper level decks and in doing so will improve this view
corridor. The eave line of the existing building defines the upper extent of the view
corridor. The new roof, while at essentially the same height, has more prominent
overhangs and as proposed the overhang will extend into the view corridor. This
Hill Building Renovation 8
Exterior Alteration Application
June 20, 2017 - Page 244 of 50:
portion of roof is well above the Gore Range View. It is suggest that during the PEC site
visit this aspect of the proposal be evaluated. While technically an encroachment into
the view corridor, the proposed building is very much in keeping with the purpose of
this view corridor.
8. Sun/Shade
Proposed building massing will have a slightly positive improvement to shadow patterns
around the building. Sun/shade studies on sheet G006 of the Exterior Alteration plan
set indicate morning and afternoon shadow patterns on the Equinox and Winter
Solstice.
9. Service and Delivery
Uses on the property will remain unchanged as a result of this renovation and as such
no changes are anticipated with respect to service and delivery.
Vail Village Master Plan
Below is a brief summary of how the proposed renovation relates to relevant sections of the
Vail Village Master Plan.
Goals, Objectives, Policies
Foremost among the goals, objectives and policies in support of the renovation of the Hill
Building include:
Goal #1— Encourage high quality redevelopment while preserving the unique architectural
scale of the Village in order to sustain its sense of community and identity.
Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial
facilities.
Objective 1.4: Recognize the "historic" importance of the architecture, structures, landmarks,
plazas and features in preserving the character of Vail Village.
Illustrative Plan
The Action Plan is an element of the Illustrative Plan section of the master plan. The Action
Plan identifies improvements envisioned for the Village. The Action Plan includes eleven sub-
areas and the Hill Building is located in the #3 CCI Sub -Area. The only improvement in this sub-
area that is proximate to the Hill Building is the "Seibert Circle Study Area" which addresses the
potential for plaza improvements to the top of Bridge Street. This improvement has been
implemented.
Hill Building Renovation 9
Exterior Alteration Application
June 20, 2017 - Page 245 of 50:
OWNER
ARCHITECT 4240 ARCHITECTURE
3507 RINGSBY CT. STUITE 117
DENVER, CO 80216
CIVIL
ENGINEER
LANDSCAPE
ARCHITECT
STRUCTURAL
ENGINEER
MEP
ENGINEER
ALPINE ENGINEERING, INC.
34510 HIGHWAY 6 UNIT A-9
EDWARDS, CO 81632
SHERRY DORWARD
P.O. BOX 3766
VAIL, CO 81658
MONROE NEWELL
70 BENCHMARK RD. SUITE 204
AVON, CO 81620
DMCE ENGINEERING
5737 6TH AVE.
LAKEWOOD. CO 80214
HILL BUILDING RENOVATION
311 BRIDGE STREET
VAIL, COLORADO 81657
39°38'24"N 106°22'25"W
PROJECT #21174.00
SHEET INDEX
GENERAL
G001 RESERVED [NOT ISSUED]
6002 RESERVED [NOT ISSUED]
6003 VIEW CORRIDOR ANALYSIS
G004 SITE COVERAGE
6005 GRFAANALYSIS
6006 SUN/SHADE STUDY
CIVIL
C001 SURVEY
LANDSCAPE
L001 SITE / GRADING /
LANDSCAPE PLAN
ARCHITECTURAL (EXISTING)
EA100 EXISTING BASEMENT PLAN
EA101 EXISTING LEVEL 1 PLAN
EA102 EXISTING LEVEL 2 PLAN
EA103 EXISTING LEVEL 3 PLAN
EA104 EXISTING ROOF PLAN
EA201 EXISTING ELEVATIONS
EA202 EXISTING ELEVATIONS
ARCHITECTURAL (PROPOSED)
A100 PROPOSED BASEMENT PLAN
A101 PROPOSED LEVEL 1 PLAN
A102 PROPOSED LEVEL 2 PLAN
A103 PROPOSED LEVEL 3 PLAN
A104 PROPOSED ROOF PLAN
ARCHITECTURAL (PROPOSED) CONTD.
A201 PROPOSED ELEVATIONS
A202 PROPOSED ELEVATIONS
ELECTRICAL
E101 LIGHTING PLAN
4240
PEC / DRB SUPPLEMENT
2017-05-15
June 20, 2017 - Page 246 of 503
VIEW
POINT #4
BACKS 0\1E10 V
VIEW CORRIDOR #4 POINT M
NORTHWESTERLY CORNER OF SECOND
FLOOR BALCONY ON HILL BLDG.
VIEW CORRIDOR #4 POINT 0
NORTHWEST CORNER OF TOP OF FASCIA
ON THIRD FLOOR ROOF OF HILL BLDG.
VIEW CORRIDOR #4 POINT N
INTERSECTION OF TOP OF
SECOND FLOOR BALCONY RAIL
AND BRICKWALLON HILL BLDG
111
Wow -
111111
VIEW
POINT #2
BACKSIGNZ 101 10 :P.
0111
rompssima
i /11
01111111
0
0
<<"‘Ii`<ort/Q)os,
2C
l�.
0
0
0
VIEW CORRIDOR #2 POINT C1
TOP OF SOUTH END OF SKI
LOCKERS, WHICH ARE ON RAILING
VIEW CORRIDOR #2 POINT C2
SOUTHEAST CORNER OF TOP DECK
RAIL ON HILL BLDG.
0
VIEW CORRIDOR #2 POINT D
SOUTHEAST*ORNER OF BRICK
CHIMNEY ON HILL BLDG.
June 20, 2017 - Page 247 of 503
40 2
C. View Point #4: A view from the northeast corner of 244 Wall Street, the One Vail Place Building,
looking over the roofs of 304 Bridge Street, the Red Lion Building, and 356 Hanson Ranch
Road, the Christiania Lodge, toward the Gore Range.
1. Purpose: To protect views of the Gore Range as seen from the alley between Founders Plaza
and Seibert Circle.
2. Instrument; View Point #4: A #6 rebar with a 2112 inch diameter aluminum cap marked V.P. 4
(PLS 16827) set in an aluminum monument box, in the brick pavers, approximately 8 feet
from the entrance to Frivolous Sal's, located in the northeast corner of the One Vail Place
Building, 244 Wall Street.
3. Backsight; View Point #2: A #6 rebar with a 21/2 inch diameter aluminum cap marked V.P. 2
(PLS 16827) set in an aluminum monument box in Bridge Street in front of the Red Lion
Building.
4. Height Of Survey Transit Above View Point #4: 5.4 feet.
5. Table:
Horizontal
Angle
Zenith
Angle
Foresight Point on Photo as of Nov. 15, 1991
343°55'53"
62°24'10"
A - south fascia board of third floor roof of Plaza Lodge Building,
281_ 293 Bridge Street
348037'05"
73°05'43"
B - intersection of upper and second floor roof lines of Plaza
Lodge Building
352°55'25"
73°34'26"
C - south end of peak of second floor gable of Plaza Lodge
Building JI
352°31'05'
79°24'44"
O - eastern edge of second floor gable roof of Plaza Lodge
Building
352°13'16"
79°24'55"
E - intersection of second floor roof fascia and southeast corner of
Plaza Lodge Building
352°13'14"
84°44'25"
F - intersection of southeast corner of building and top edge of
first floor fascia of Plaza Lodge Building
354°30'20'
86°13'30"
G - top of southeasterly corner of first floor fascia of Plaza Lodge
Building
354°47'22"
86°07'58"
H - intersection of south edge of Red Lion chimney and upper Red
Lion roof line
358°21'46"
85°17'48"
I - peak of upper Red Lion roof line
359°04'31"
85°30'36"
J - intersection of upper Red Lion roof line and northerly roof line
of the Christiania
000'16'55'
84°36'56"
K - peak of northerly roof line of the Christiania
001059'47"
84°36`56"
L - intersection of northerly roof peak and southerly roof line of the
Christiania
003°05'44"
83'3742"
M - northwesterly corner of second floor balcony on Hill Building
006°23'31"
83°33'52"
N - intersection of top of second floor balcony rail and brick wall
on Hill Building
005°32'14"
67°54'58"
O - northwest corner of top of fascia on third floor roof of Hill
Building
4 VICYY LUIU IUUl W4
NOT TO SCALE
VIEW CORRIDOR PLAN - EXISTING
1111111111111111111111111 1" = 10'-0"
VIEW
POINT #4
BACKS100 V1NE.T�p 42
VIEW CORRIDOR #4 POINT M
NORTHWESTERLY CORNER OF SECOND
FLOOR BALCONY ON HILL BLDG.
VIEW CORRIDOR #4 POINT 0
NORTHWEST CORNER OF TOP OF FASCIA
ON THIRD FLOOR ROOF OF HILL BLDG.
VIEW CORRIDOR #4 POINT N
INTERSECTION OF TOP OF
SECOND FLOOR BALCONY RAIL
AND BRICK WALL ON HILL BLDG
VIEW
POINT #2
BACKSOI SINE =P#,.
1
— VIEW CORRIDOR #2 POINT C1
TOP OF SOUTH END OF SKI
LOCKERS, WHICH ARE ON RAILING
VIEW CORRIDOR #2 POINT C2
SOUTHEAST CORNER OF TOP DECK
RAIL ON HILL BLDG.
1
VIEW CORRIDOR #2 POINT D
SOUTHEAST*ORNER OF BRICK
CHIMNEY ON HILL BLDG.
V 1
B. View Point #2: A view from upper Bridge Street looking toward the ski slopes between 228
Bridge Street, the Golden Peak Building, and 311 Bridge Street, the Hill Building.
1. Purpose: To protect views of the ski runs and ski base area as seen from upper Bridge
Street.
2. Instrument: View Point #2: A #6 rebar with a 21/2 inch diameter aluminum cap marked V.P. 2
(PLS 16827) set in an aluminum monument box in Bridge Street in front of the Red Lion
Building, 304 Bridge Street.
3. Backsight; View Point #4: A #6 rebar with a 2112 inch diameter aluminum cap marked V.P. 4
(PLS 16827) set in an aluminum monument box, in the brick pavers, approximately 8 feet
from the entrance to Frivolous Sal's, located near the northeast corner of One Vail Place
Building, 244 Wall Street.
4. Height Of Survey Transit Above View Point #2: 5.4 feet.
5. Table:
Horizontal
Angle
Zenith
Angle
Foresight Point On Photo As Of Nov. 15, 1991
289025'48" 74028'18"
A - northwest corner of third floor balcony roof of Golden Peak
Building
290°58'11"
89°58'00"
B - PK nail in top of the 24 inch tall retaining wall on west side of
Golden Peak House, 1 foot east frorn west edge of planter wall,
and 10 feet west from the west face of the building
300°32'46"
92°05'34"
C1 - top of south end of ski lockers, which are on railing
301°35'24"
83°31'08"
C2 - southeast corner of top deck rail on Hill Building
303032'24" 73°38'55"
D - southeast corner of brick chimney on Hill Building
3 VIEW CORRIDOR #2
NOT TO SCALE
VIEW CORRIDOR PLAN - PROPOSED
1111111 1" = 10'-0"
TOWN OF VAIL USE
Do. IAN
BIEKER
00400350
424o Architecture I n c
OWNER
ARCHITECT 4240 ARCHITECTURE
3507 RINGSBY CT. STUITE 117
DENVER, CO 80216
CIVIL ALPINE ENGINEERING. INC.
ENGINEER 34510 HIGHWAY 6 UNIT A-9
EDWARDS, CO 81632
LANDSCAPE
ARCHITECT
STRUCTURAL
ENGINEER
MEP
ENGINEER
K
J
H
G
J
J
SHERRY DORWARD
P.O. BOX 3766
VAIL, CO 81658
MONROE NEWELL
70 BENCHMARK RD. SUITE 204
AVON, CO 81620
DMCE ENGINEERING
5737 6TH AVE.
LAKEWOOD, CO 80214
311 BRIDGE STREET
LC )
N
0
cc
N
0
O,
PEC SUBMITTAL #1 rev. 01 2017-04-11
PEC SUBMITTAL#1 2017-04-10
PEC PROGRESS SET 2017-04-06
PEC PROGRESS SET 2017-03-27
ISS.# DESCRIPTION
DATE
PROJECT NO.:
21074.00
VIEW CORRIDOR
ANALYSIS
G003
ENCLOSED SECOND FLOOR PROJECTS
BEYOND GROUND FLOOR FOOTPRINT AND
CONTRIBUTES TO SITE COVERAGE
EAVE GREATER THAN 4'-0" PROJECTION
INCLUDED IN SITE COVERAGE
EAVE LESS THAN 4'-0" PROJECTION
EXCLUDED FROM SITE COVERAGE
EAVE AND 2ND FLOOR BALCONY LESS
THAN 4'-0" PROJECTION EXCLUDED
FROM SITE COVERAGE
BALCONY PROJECTION
GREATER THAN 4'-0"
INCLUDED IN SITE
COVERAGE
BALCONY PROJECTION
GREATER THAN 4'-0"
INCLUDED IN SITE
COVERAGE
COVERED AREA AT GROUND FLOOR
GREATER THAN 4'-0" PROJECTION
INCLUDED IN SITE COVERAGE
40 z
June 20, 2017 - Page 248 of 503
EXISTING SITE COVERAGE
11111111111111111 1111111111 1 " = 10'-0"
SITE COVERAGE AREA: 6,693 ft2
TOTAL SITE AREA: 8,494 ft2
SITE COVERAGE: 79%
EAVE LESS THAN
4'-0" EXCLUDED
FROM SITE
COVERAGE
BALCONY
PROJECTION
GREATER THAN
4'-0" INCLUDED
IN SITE
COVERAGE
BALCONY PROJECTION
GREATER THAN 4'-0"
INCLUDED IN SITE
COVERAGE
BALCONY PROJECTION
LESS THAN 4'-0"
EXCLUDED FROM SITE
COVERAGE
EAVE PROJECTION
GREATER THAN 4'-0"
INCLUDED IN SITE
COVERAGE
r — — 7 GROUND FLOOR FOOTPRINT
L
SITE COVERAGE
EAVE PROJECTION GREATER THAN
4'-0" INCLUDED IN SITE COVERAGE
EAVE PROJECTION LESS THAN 4'-0"
EXCLUDED FROM SITE COVERAGE
EAVEPROJECTION GE THAN
4'-0" INCLUDED IN SITE COVERAGE BALCONY PROJECTION GREATER THAN
4'-0" INCLUDED IN SITE COVERAGE
EAVE PROJECTION LESS THAN 4'-0"
EXCLUDED FROM SITE COVERAGE
BALCONY PROJECTION GREATER THAN
4'-0" INCLUDED IN SITE COVERAGE
EAVE PROJECTION LESS THAN 4'-0"
EXCLUDED FROM SITE COVERAGE
BALCONY PROJECTION LESS THAN
4'-0" EXCLUDED FROM SITE COVERAGE
BALCONY PROJECTION LESS THAN
4'-0" EXCLUDED FROM SITE COVERAGE
+1
PROPOSED SITE COVERAGE
11111111111111111111111111111101 1" = 10' -0"
SITE COVERAGE AREA: 6,322 ft2
TOTAL SITE AREA: 8,494 ft2
SITE COVERAGE: 74%
EAVE PROJECTION LESS THAN 4'-0"
EXCLUDED FROM SITE COVERAGE
BALCONY PROJECTION LESS THAN
4'-0" EXCLUDED FROM SITE COVERAGE
r — — 7 GROUND FLOOR FOOTPRINT
L --J
SITE COVERAGE
TOWN OF VAIL USE
D IAN
BIEKER
00400350
424o Architecture I n c
OWNER
ARCHITECT 4240 ARCHITECTURE
3507 RINGSBY CT. STUITE 117
DENVER, CO 80216
CIVIL ALPINE ENGINEERING, INC.
ENGINEER 34510 HIGHWAY 6 UNIT A-9
EDWARDS, CO 81632
LANDSCAPE SHERRY DORWARD
ARCHITECT P.O. BOX 3766
VAIL, CO 81658
STRUCTURAL MONROE NEWELL
ENGINEER 70 BENCHMARK RD. SUITE 204
AVON, CO 81620
MEP DMCE ENGINEERING
ENGINEER 5737 6TH AVE.
LAKEWOOD, CO 80214
311 BRIDGE STREET
K PEC SUBMITTAL 41 rev. 01 2017-04-11
J PEC SUBMITTAL#1 2017-04-10
H PEC PROGRESS SET 2017-04-06
G PEC PROGRESS SET 2017-03-27
ISS.# DESCRIPTION DATE
PROJECT NO.: 21074.00
SITE COVERAGE
G004
PI I
June 20, 2017 - Page 249 of 503
II
oRT
\ LEVEL 3 FLOOR PLAN - EXISTING
111111111111111111111110111111111 1/16" = 1'-0"
ORT
1,073 ft2
583 ft2
TOTAL: 1,656 ft2
LEVEL 2 FLOOR PLAN - EXISTING
WWWWWWWWWWWWWWWW 1/16 = 1'-0"
L_
ORT
\ L LEVEL 1 FLOOR PLAN - EXISTING
`t WWWWWWWWWWWWWWWW 1/16" = 1'-0"
EXISTING GRFA = 7,014 ft2
(83% OF BUILDABLE AREA)
4,966 ft2
341 ft2
51 ft2
EXCLUDED: 242 ft2
TOTAL: 392 ft2
MID-LEVEL DECK &
EXTERIOR STAIR DELETED
PROPOSED NW CORNER
EXISTING NW CORNER
EAST WALL MOVES APPROX. 5'-0" AT LEVEL 3
ROUNDED CORNER ADDITION &
EXTERIOR STAIR DELETED
2 ,!2 STORY SCREEN
WALL DELETED
EDGE OF BALCONY PULLED
BACK FROM PROPERTY LINE
RELOCATED STAIR
11�
1
1
1
11
441,
N R\ LEVEL 3 FLOOR PLAN - PROPOSED
w WWWWWWWWWWWWWWWW 1/16 = 1'-0"
ORT
7
1,804 ft2
590 ft2
EXISTING CHIMNEY
RETAINED (PLAN
DIMENSIONS & HEIGHT)
BUMP -OUT DELETED
(APPROX. 5'-0")
BALCONY PROJECTION
REDUCED
BUMP -OUT DELETED
(APPROX. 7'-6")
RELOCATED STAIR
EDGE OF BALCONY PULLED
BACK FROM PROPERTY LINE
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1 111111111111111111111111111111111 SCALE: APPROX. 1” = 30'-0"
EXISTING - EQUINOX 10am
EXISTING - EQUINOX 2pm
2 WYIIYWWYIIYWWYIIYWWIY1 SCALE: APPROX. 1" = 30'-0"
403
EXISTING - WINTER SOLSTICE 10am
WWIYYIWWIYYIWWIYYIWWIYYI SCALE: APPROX. 1" = 30'-0"
A
4 IYWIYYIIYWWYIIYWWYIIYWWYI SCALE: APPROX. 1" = 30'-0"
EXISTING - WINTER SOLSTICE 2pm
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5 YYYIYWYYYIYWIYYIYYYYYI SCALE: APPROX. 1" = 30'-0"
PROPOSED - EQUINOX 10am
June 20, 2017 - Page 250 of 503
'A`
6 NIMINIMINIMINIMI SCALE: APPROX. 1" = 30'-0"
PROPOSED - EQUINOX 2pm
4b 7 PROPOSED - WINTER SOLSTICE 10am
YYYYYYYYYIYIYYYYIYIYWIYIYYI SCALE: APPROX. 1" = 30'-0"
40
8 III IIIIIII IIIIIII IIIIIII ILII SCALE: APPROX. 1" = 30'-0"
PROPOSED - WINTER SOLSTICE 2pm
TOWN OF VAIL USE
,`Qv ,r90
co
D IAN O
S.
BIEKER
15- 00400350
424o Architecture I n c
OWNEF
ARCHITECT 4240 ARCHITECTURE
3507 RINGSBY CT. STUITE 117
DENVER, CO 80216
CIVIL
ENGINEER
LANDSCAPE
ARCHITECT
STRUCTURAL
ENGINEER
MEP
ENGINEER
K
J
H
G
CD
4111
ALPINE ENGINEERING, INC.
34510 HIGHWAY 6 UNIT A-9
EDWARDS, CO 81632
SHERRY DORWARD
P.O. BOX 3766
VAIL, CO 81658
MONROE NEWELL
70 BENCHMARK RD. SUITE 204
AVON, CO 81620
DMCE ENGINEERING
5737 6TH AVE.
LAKEWOOD, CO 80214
311 BRIDGE STREET
39°38'24"N 106°22'25"W
PEC SUBMITTAL #1 rev.
PEC SUBMITTAL #1
PEC PROGRESS SET
PEC PROGRESS SET
01 2017-04-11
2017-04-10
2017-04-06
2017-03-27
ISS.# DESCRIPTION
DATE
PROJECT NO.:
21074.00
SUN / SHADE
STUDY
G006
7
EEA
8'-0"
4'-0"
4'-0"
8'-0"
3'-91/2"
4'-2)„
8,-0"
8'-0"
4'-0"
4'-0"
28'-0"
/
/
/
/
/ /
/
/
/
/
/
STAIR
UP
LOCKERS
RETAIL AREA
June 20, 2017 - Page 251 of 503
MECHANICAL
0
LOCKERS
LOCKERS
L
01
0
0
O
LOCKERS
STAFF
0
4
RETAIL AREA
0
ST FF
WC
UP
STAIR
LOCKERS
NORTH
\ 1 PROPOSED BASEMENT LEVEL FLOOR PLAN
1111111111111111111111111111111 1/4 = 1'-0"
PROPOSED GRFA: 0 ft2
0
0
10
11
TOWN OF VAIL USE
4240 Architecture I n c
OWNEF
ARCHITECT 4240 ARCHITECTURE
3507 RINGSBY CT. STUITE 117
DENVER, CO 80216
CIVIL ALPINE ENGINEERING, INC.
ENGINEER 34510 HIGHWAY 6 UNIT A-9
EDWARDS, CO 81632
LANDSCAPE SHERRY DORWARD
ARCHITECT P.O. BOX 3766
VAIL, CO 81658
STRUCTURAL MONROE NEWELL
ENGINEER 70 BENCHMARK RD. SUITE 204
AVON, CO 81620
MEP DMCE ENGINEERING
ENGINEER 5737 6TH AVE.
LAKEWOOD, CO 80214
CD
4111
311 BRIDGE STREET
39°38'24"N 106°22'25"W
K PEC SUBMITTAL #1 rev. 01 2017-04-11
J PEC SUBMITTAL#1 2017-04-10
H PEC PROGRESS SET 2017-04-06
G PEC PROGRESS SET 2017-03-27
A CONCEPT STUDY 2016-12-30
ISS.# DESCRIPTION DATE
PROJECT NO.: 21074.00
PROPOSED
BASEMENT LEVEL
FLOOR PLAN
A100
8180' - —
GG
EEA
8180'
8180'
8'-0"
4* -11"
4* -0"
8'-0"
3'-9Y2"
4'-2Y2"
8'-0"
4'-0"
8'-0"
4* -0"
28'-0"
10'-0"
,
8180'
— - 8180'
GROUND FLOOR
CORNER SQUARED OFF
TO MATCH (E)
FOUND TION
EXISTING FOOTPRINT
(RED OUTLINE)
0
FL EL. 100'-2" = 8380.17'
DN
RETAIL TENANT SPACE
4
- I
:4-
:4-
- I
:4-
- I
:4-
:4-
:4-
:4-
:4-
- I
:4-
1 0
-
PROPOSED GRFA:
393 ft2
STING RESIDENCE
RANCE TO BE
TED AND
ECONFIGURED
CLOC
1110l1=111
Um
•Ai
IIIM
i pipmpm
r Ap
0 Pr
0 41
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r 0
r4 -ir-__A mi E•S
0
IM/M •
Cr
awmmf ..mmmmmmoi t
prirti
N
/N
PRO
OSED GRFA:
53 ft2
0
EXISTING GARAGE TO
REMAIN
0
0
June 20, 2017 - Page 252 of 503
N9)
ocb
z
z
NORTH 41 PROPOSED LEVEL 1 FLOOR PLAN
VIV1 iimminimim 1/4" = 1'-0"
PROPOSED GRFA: 446 ft2
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1 6
TOWN OF VAIL USE
Co D4i1IAN 0
BIEKER
00400350
4240 Architecture Inc
OWNEF
ARCHITECT 4240 ARCHITECTURE
3507 RINGSBY CT. STUITE 117
DENVER, CO 80216
CIVIL
ENGINEER
LANDSCAPE
ARCHITECT
STRUCTURAL
ENGINEER
MEP
ENGINEER
A
CD
4111
ALPINE ENGINEERING, INC.
34510 HIGHWAY 6 UNIT A-9
EDWARDS, 00 81632
SHERRY DORWARD
P.O. BOX 3766
VAIL, 00 81658
MONROE NEWELL
70 BENCHMARK RD. SUITE 204
AVON, CO 81620
DMCE ENGINEERING
5737 6TH AVE.
LAKEWOOD, CO 80214
311 BRIDGE STREET
39°38'24"N 106°22'25"W
PEC SUBMITTAL #1 rev. 01
PEC SUBMITTAL #1
PEC PROGRESS SET
PEC PROGRESS SET
SD PRICING
CONCEPT DEVELOPMENT
ToV CONCEPT OVERVIEW
CONCEPT STUDY
CONCEPT STUDY
2017-04-11
2017-04-10
2017-04-06
2017-03-27
2017-02-22
2017-02-02
2017-01-30
2017-01-16
2016-12-30
ISS.# DESCRIPTION
DATE
PROJECT NO.:
21074.00
PROPOSED
LEVEL 1
FLOOR PLAN
A101